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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of burglary of a vehicle; |
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increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 30.04(d) and (e), Penal Code, are |
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amended to read as follows: |
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(d) An offense under this section is a state jail felony |
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[Class A misdemeanor], except that: |
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(1) the offense is a state jail felony [Class A
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misdemeanor] with a minimum term of confinement of one year [six
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months] if it is shown on the trial of the offense that the |
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defendant has been previously convicted of an offense under this |
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section; and |
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(2) the offense is a [state jail] felony of the third |
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degree if[:
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[(A)] it is shown on the trial of the offense that |
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the defendant has been previously convicted two or more times of an |
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offense under this section[; or
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[(B)
the vehicle or part of the vehicle broken
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into or entered is a rail car]. |
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(e) It is a defense to prosecution under this section that |
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the actor: |
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(1) entered a rail car or any part of a rail car, |
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including a container or trailer carried on a rail car; and |
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(2) was at that time an employee or a representative of |
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employees exercising a right under the Railway Labor Act (45 U.S.C. |
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Section 151 et seq.). |
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SECTION 2. Article 42A.304(b), Code of Criminal Procedure, |
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is amended to read as follows: |
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(b) The amount of community service work ordered by the |
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judge may not exceed: |
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(1) 1,000 hours for an offense classified as a first |
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degree felony; |
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(2) 800 hours for an offense classified as a second |
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degree felony; |
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(3) 600 hours for: |
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(A) an offense classified as a third degree |
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felony; or |
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(B) an offense under Section 30.04, Penal Code, |
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classified as a state jail felony [Class A misdemeanor]; |
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(4) 400 hours for an offense classified as a state jail |
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felony; |
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(5) 200 hours for: |
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(A) an offense classified as a Class A |
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misdemeanor, other than an offense described by Subdivision (3)(B); |
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or |
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(B) a misdemeanor for which the maximum |
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permissible confinement, if any, exceeds six months or the maximum |
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permissible fine, if any, exceeds $4,000; and |
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(6) 100 hours for: |
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(A) an offense classified as a Class B |
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misdemeanor; or |
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(B) a misdemeanor for which the maximum |
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permissible confinement, if any, does not exceed six months and the |
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maximum permissible fine, if any, does not exceed $4,000. |
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SECTION 3. The following provisions are repealed: |
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(1) Article 42A.057, Code of Criminal Procedure; and |
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(2) Section 30.04(c), Penal Code. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |