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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and the punishment for the offense of |
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burglary committed while evading arrest or detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 30.02(a) and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if, without the effective |
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consent of the owner, the person: |
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(1) enters a habitation, or a building (or any portion |
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of a building) not then open to the public, with intent to evade |
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arrest or detention or to commit a felony, theft, or an assault; or |
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(2) remains concealed in a building or habitation[,] |
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with intent to evade arrest or detention or to commit a felony, |
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theft, or an assault[, in a building or habitation]; or |
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(3) enters a building or habitation while evading or |
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attempting to evade arrest or detention; or |
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(4) [(3)] enters a building or habitation and commits |
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or attempts to commit a felony, theft, or an assault. |
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(d) An offense under this section is a felony of the first |
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degree if: |
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(1) the premises are a habitation; and |
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(2) any party to the offense entered the habitation |
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with intent to commit a felony other than felony theft or evasion of |
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arrest or detention or committed or attempted to commit a felony |
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other than felony theft or evasion of arrest or detention. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |