HB548 - Relating to increasing the criminal penalty for the offense of burglary of a vehicle and to grants of community supervision to persons who commit that offense.

  89R545 JDK-D     By: Tepper H.B. No. 548       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty 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(d), Penal Code, is amended to read   as follows:          (d)  An offense under this section is a state jail felony   [ Class A misdemeanor ], except that:                (1)  the offense is a state jail felony [ Class A   misdemeanor ] with a minimum term of confinement of one year [ six   months ] if it is shown on the trial of the offense that the   defendant has been previously convicted of an offense under this   section;                (2)  the offense is a felony of the third degree [ state   jail felony ] if:                      (A)  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                      (B)  the vehicle or part of the vehicle broken   into or entered is a rail car; and                (3)  the offense is a felony of the second [ third ]   degree if:                      (A)  the vehicle broken into or entered is owned   or operated by a wholesale distributor of prescription drugs and   the actor breaks into or enters that vehicle with the intent to   commit theft of a controlled substance; or                      (B)  it is shown on the trial of the offense that   the actor committed the offense in the course of committing an   offense under Section 20.05(a)(2).          SECTION 2.  Article 42A.304(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  The amount of community service work ordered by the   judge may not exceed:                (1)  1,000 hours for an offense classified as a first   degree felony;                (2)  800 hours for an offense classified as a second   degree felony;                (3)  600 hours for:                      (A)  an offense classified as a third degree   felony; or                      (B)  an offense under Section 30.04, Penal Code,   classified as a state jail felony [ Class A misdemeanor ];                (4)  400 hours for an offense classified as a state jail   felony , other than an offense described by Subdivision (3)(B) ;                (5)  200 hours for:                      (A)  an offense classified as a Class A   misdemeanor[ , other than an offense described by Subdivision   (3)(B) ]; or                      (B)  a misdemeanor for which the maximum   permissible confinement, if any, exceeds six months or the maximum   permissible fine, if any, exceeds $4,000; and                (6)  100 hours for:                      (A)  an offense classified as a Class B   misdemeanor; or                      (B)  a 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.  Article 42A.057, Code of Criminal Procedure, is   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 on the date 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, 2025.