SB872 - Relating to the punishment for the offense of burglary of a vehicle involving theft of a firearm; increasing a criminal penalty.

      By: Birdwell, et al. S.B. No. 872     (Cook)           A BILL TO BE ENTITLED   AN ACT   relating to the punishment for the offense of burglary of a vehicle   involving theft of a firearm; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 30.04(b) and (d), Penal Code, are   amended to read as follows:          (b)  For purposes of this section :                 (1)  "Enter" [ , "enter" ] means to intrude:                       (A)  [ (1) ]  any part of the body; or                       (B)  [ (2) ]  any physical object connected with the   body.                 (2)     "Firearm" has the meaning assigned by Section   46.01.          (d)  An offense under this section is a Class A misdemeanor,   except that:                (1)  the offense is a Class A misdemeanor with a minimum   term of confinement of 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 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 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) ; or                       (C)     the actor committed theft of a firearm during   the commission of the offense .          SECTION 2.  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 3.  This Act takes effect September 1, 2025.