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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. Section 30.04, Penal Code, is amended by |
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amending Subsections (b), (d), and (d-1) and adding Subsection |
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(d-2) 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) Except as provided by Subsection (d-1), an [An] offense |
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under this section is a Class A misdemeanor, 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 vehicle |
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with the intent to commit theft of a controlled substance. |
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(d-1) An offense under this section is a state jail felony |
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if, during the commission of the offense, the actor engages in |
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conduct constituting the offense of theft of a firearm, except that |
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the offense is a felony of the third degree if it is shown on the |
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trial of the offense that the actor has been previously convicted of |
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an offense punishable under this subsection. |
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(d-2) For the purposes of Subsections [Subsection] (d) and |
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(d-1), a defendant has been previously convicted under this section |
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if the defendant was adjudged guilty of the offense or entered a |
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plea of guilty or nolo contendere in return for a grant of deferred |
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adjudication, regardless of whether the sentence for the offense |
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was ever imposed or whether the sentence was probated and the |
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defendant was subsequently discharged from community supervision. |
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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. |