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By: Birdwell |
S.B. No. 1166 |
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(In the Senate - Filed February 23, 2023; March 9, 2023, |
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read first time and referred to Committee on Criminal Justice; |
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April 27, 2023, reported adversely, with favorable Committee |
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Substitute by the following vote: Yeas 6, Nays 0; April 27, 2023, |
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sent to printer.) |
| Click here to see the committee vote |
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COMMITTEE SUBSTITUTE FOR S.B. No. 1166 |
By: Flores |
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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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involving theft of a firearm; 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(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) For purposes of this section: |
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(1) "Enter"[, "enter"] means to intrude: |
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(A) [(1)] any part of the body; or |
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(B) [(2)] any physical object connected with the |
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body. |
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(2) "Firearm" has the meaning assigned by Section |
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46.01. |
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(d) An offense under this section is a Class A misdemeanor, |
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except that: |
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(1) the offense is a Class A misdemeanor with a minimum |
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term of confinement of six months if it is shown on the trial of the |
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offense that the defendant has been previously convicted of an |
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offense under this section; |
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(2) the offense is a state jail felony 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; and |
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(3) the offense is a felony of the third degree if: |
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(A) the vehicle broken into or entered is owned |
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or operated by a wholesale distributor of prescription drugs[;] and |
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[(B)] the actor breaks into or enters that |
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vehicle with the intent to commit theft of a controlled substance; |
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or |
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(B) the actor committed theft of a firearm during |
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the commission of the offense. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |
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* * * * * |