HBA-KMH H.B. 2484 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2484
By: Uresti
Criminal Jurisprudence
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

The 73rd Legislature amended the Penal Code and the Code of Criminal
Procedure by adding a new category of felony offenses known as "state jail
felonies."  The purpose and intent of state jail felonies were to relieve
overcrowding of jails by establishing a felony category that focused on
less serious, nonviolent offenders such as those involved in property and
drug related crimes.  Currently, burglary of a vehicle is a Class A
misdemeanor. 

H.B. 2484 raises the penalty for commission of burglary of a vehicle
according to the value of property stolen. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 30.04(c), Penal Code, as follows:

(c) Provides that the penalty for the  burglary of a vehicle if property is
stolen is:  

(1) a state jail felony if the value of the property stolen is less than
$1,500; 

(2) a felony of the third degree if the value of the property stolen is
$1,500 or more but less than $20,000; 

(3) a felony of the second degree if the value of the property stolen is
$20,000 or more but less than $100,000; or 

(4) a felony of the first degree if the value of the property stolen is
$100,000 or more. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.