Bill Text: TX HB381 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the punishment for the offense of burglary of a vehicle; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-07 - Referred to Criminal Justice [HB381 Detail]
Download: Texas-2015-HB381-Introduced.html
Bill Title: Relating to the punishment for the offense of burglary of a vehicle; increasing a criminal penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2015-05-07 - Referred to Criminal Justice [HB381 Detail]
Download: Texas-2015-HB381-Introduced.html
84R2644 KJE-F | ||
By: Burkett | H.B. No. 381 |
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relating to the punishment for the offense of burglary of a vehicle | ||
and to grants of community supervision to persons who commit that | ||
offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 30.04, Penal Code, is amended by | ||
amending Subsections (d) and (e) and adding Subsections (d-2) and | ||
(d-3) to read as follows: | ||
(d) An offense under this section is a: | ||
(1) Class B misdemeanor if the amount of pecuniary | ||
loss to tangible personal property is less than $500; | ||
(2) Class A misdemeanor if the amount of pecuniary | ||
loss to tangible personal property is $500 or more but less than | ||
$1,500; | ||
(3) [ |
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(A) the amount of pecuniary loss to tangible | ||
personal property is $1,500 or more but less than $20,000; | ||
(B) the amount of pecuniary loss to tangible | ||
personal property is less than $1,500 and it is shown on the trial | ||
of the offense that the defendant has been previously convicted two | ||
or more times of an offense under this section; or | ||
(C) the amount of pecuniary loss to tangible | ||
personal property is less than $1,500 and [ |
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part of the vehicle broken into or entered is a rail car; | ||
(4) felony of the third degree if the amount of | ||
pecuniary loss to tangible personal property is $20,000 or more but | ||
less than $100,000; | ||
(5) felony of the second degree if the amount of | ||
pecuniary loss to tangible personal property is $100,000 or more | ||
but less than $200,000; or | ||
(6) felony of the first degree if the amount of | ||
pecuniary loss to tangible personal property is $200,000 or more. | ||
(d-2) For the purposes of Subsection (d), the amount of | ||
pecuniary loss to tangible personal property is the sum of: | ||
(1) the cost of repairing or restoring the vehicle, if | ||
the defendant damaged the vehicle in the course of committing the | ||
offense; and | ||
(2) the fair market value of any tangible personal | ||
property the defendant stole from the vehicle, if the defendant | ||
committed theft in the course of committing the offense. | ||
(d-3) If the defendant, pursuant to one scheme or continuing | ||
course of conduct, commits three or more offenses under this | ||
section in a 24-hour period, the conduct may be considered as one | ||
offense and the amounts of pecuniary loss aggregated in determining | ||
the grade of offense. | ||
(e) It is a defense to prosecution under this section that | ||
the defendant [ |
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and was at that time an employee or a representative of employees | ||
exercising a right under the Railway Labor Act (45 U.S.C. Section | ||
151 et seq.). | ||
SECTION 2. Section 16(b), Article 42.12, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
(b) The amount of community service work ordered by the | ||
judge: | ||
(1) may not exceed 1,000 hours for an offense | ||
classified as a first degree felony; | ||
(2) may not exceed 800 hours for an offense classified | ||
as a second degree felony; | ||
(3) may not exceed 600 hours for an offense classified | ||
as a third degree felony; | ||
(4) may not exceed 400 hours for an offense classified | ||
as a state jail felony; | ||
(5) may not[ |
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classified as a Class A misdemeanor or for any other misdemeanor for | ||
which the maximum permissible confinement, if any, exceeds six | ||
months or the maximum permissible fine, if any, exceeds $4,000; and | ||
(6) may not exceed 100 hours for an offense classified | ||
as a Class B misdemeanor or for any other misdemeanor for which the | ||
maximum permissible confinement, if any, does not exceed six months | ||
and the maximum permissible fine, if any, does not exceed $4,000. | ||
SECTION 3. Sections 3(h) and 4(f), Article 42.12, Code of | ||
Criminal Procedure, are repealed. | ||
SECTION 4. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect when the offense was committed, and | ||
the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 5. This Act takes effect September 1, 2015. |