| |
| |
| |
|
|
AN ACT
|
|
|
relating to the punishment for burglary and theft involving |
|
|
controlled substances. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 30.01, Penal Code, is amended by adding |
|
|
Subdivisions (4) and (5) to read as follows: |
|
|
(4) "Controlled substance" has the meaning assigned by |
|
|
Section 481.002, Health and Safety Code. |
|
|
(5) "Wholesale distributor of prescription drugs" |
|
|
means a wholesale distributor, as defined by Section 431.401, |
|
|
Health and Safety Code. |
|
|
SECTION 2. Section 30.02, Penal Code, is amended by |
|
|
amending Subsection (c) and adding Subsection (c-1) to read as |
|
|
follows: |
|
|
(c) Except as provided in Subsection (c-1) or (d), an |
|
|
offense under this section is a: |
|
|
(1) state jail felony if committed in a building other |
|
|
than a habitation; or |
|
|
(2) felony of the second degree if committed in a |
|
|
habitation. |
|
|
(c-1) An offense under this section is a felony of the third |
|
|
degree if: |
|
|
(1) the premises are a commercial building in which a |
|
|
controlled substance is generally stored, including a pharmacy, |
|
|
clinic, hospital, nursing facility, or warehouse; and |
|
|
(2) the person entered or remained concealed in that |
|
|
building with intent to commit a theft of a controlled substance. |
|
|
SECTION 3. Section 30.04(d), Penal Code, is amended to read |
|
|
as follows: |
|
|
(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; [and] |
|
|
(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 |
|
|
(B) the actor breaks into or enters that vehicle |
|
|
with the intent to commit theft of a controlled substance. |
|
|
SECTION 4. Section 31.03(e), Penal Code, is amended to read |
|
|
as follows: |
|
|
(e) Except as provided by Subsection (f), an offense under |
|
|
this section is: |
|
|
(1) a Class C misdemeanor if the value of the property |
|
|
stolen is less than $100; |
|
|
(2) a Class B misdemeanor if: |
|
|
(A) the value of the property stolen is $100 or |
|
|
more but less than $750; |
|
|
(B) the value of the property stolen is less than |
|
|
$100 and the defendant has previously been convicted of any grade of |
|
|
theft; or |
|
|
(C) the property stolen is a driver's license, |
|
|
commercial driver's license, or personal identification |
|
|
certificate issued by this state or another state; |
|
|
(3) a Class A misdemeanor if the value of the property |
|
|
stolen is $750 or more but less than $2,500; |
|
|
(4) a state jail felony if: |
|
|
(A) the value of the property stolen is $2,500 or |
|
|
more but less than $30,000, or the property is less than 10 head of |
|
|
sheep, swine, or goats or any part thereof under the value of |
|
|
$30,000; |
|
|
(B) regardless of value, the property is stolen |
|
|
from the person of another or from a human corpse or grave, |
|
|
including property that is a military grave marker; |
|
|
(C) the property stolen is a firearm, as defined |
|
|
by Section 46.01; |
|
|
(D) the value of the property stolen is less than |
|
|
$2,500 and the defendant has been previously convicted two or more |
|
|
times of any grade of theft; |
|
|
(E) the property stolen is an official ballot or |
|
|
official carrier envelope for an election; or |
|
|
(F) the value of the property stolen is less than |
|
|
$20,000 and the property stolen is: |
|
|
(i) aluminum; |
|
|
(ii) bronze; |
|
|
(iii) copper; or |
|
|
(iv) brass; |
|
|
(5) a felony of the third degree if the value of the |
|
|
property stolen is $30,000 or more but less than $150,000, or the |
|
|
property is: |
|
|
(A) cattle, horses, or exotic livestock or exotic |
|
|
fowl as defined by Section 142.001, Agriculture Code, stolen during |
|
|
a single transaction and having an aggregate value of less than |
|
|
$150,000; [or] |
|
|
(B) 10 or more head of sheep, swine, or goats |
|
|
stolen during a single transaction and having an aggregate value of |
|
|
less than $150,000; or |
|
|
(C) a controlled substance, having a value of |
|
|
less than $150,000, if stolen from: |
|
|
(i) a commercial building in which a |
|
|
controlled substance is generally stored, including a pharmacy, |
|
|
clinic, hospital, nursing facility, or warehouse; or |
|
|
(ii) a vehicle owned or operated by a |
|
|
wholesale distributor of prescription drugs; |
|
|
(6) a felony of the second degree if: |
|
|
(A) the value of the property stolen is $150,000 |
|
|
or more but less than $300,000; or |
|
|
(B) the value of the property stolen is less than |
|
|
$300,000 and the property stolen is an automated teller machine or |
|
|
the contents or components of an automated teller machine; or |
|
|
(7) a felony of the first degree if the value of the |
|
|
property stolen is $300,000 or more. |
|
|
SECTION 5. Section 31.03(h), Penal Code, is amended by |
|
|
adding Subdivisions (5) and (6) to read as follows: |
|
|
(5) "Controlled substance" has the meaning assigned by |
|
|
Section 481.002, Health and Safety Code. |
|
|
(6) "Wholesale distributor of prescription drugs" |
|
|
means a wholesale distributor, as defined by Section 431.401, |
|
|
Health and Safety Code. |
|
|
SECTION 6. 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 7. This Act takes effect September 1, 2017. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1178 was passed by the House on April |
|
|
12, 2017, by the following vote: Yeas 139, Nays 6, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 1178 on May 21, 2017, by the following vote: Yeas 133, Nays 7, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1178 was passed by the Senate, with |
|
|
amendments, on May 19, 2017, by the following vote: Yeas 30, Nays |
|
|
1. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |