BILL ANALYSIS

H.B. 1178

By: Kuempel

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to interested parties, the opioid abuse crisis has fueled an increase in pharmacy burglaries and thefts. H.B. 1178 seeks to address this issue by establishing penalties for a certain burglary or theft offense involving a controlled substance.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1178 amends the Penal Code to establish a penalty of third degree felony for burglary if the premises in which the actor enters or remains concealed is a building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, or nursing facility, and the actor entered or remained concealed in that building with intent to commit a theft of a controlled substance. The bill expands the conduct that constitutes a third degree felony theft offense to include theft of property that is a controlled substance, regardless of the value of the controlled substance.  

EFFECTIVE DATE

September 1, 2017.