S.B. No. 872 proposes amendments to the Texas Penal Code regarding the offense of burglary of a vehicle, specifically when it involves the theft of a firearm. The bill introduces new definitions, clarifying that "enter" includes any part of the body or a physical object connected to the body, and defines "firearm" as per Section 46.01. The bill also modifies the penalties associated with the offense, establishing that a Class A misdemeanor will carry a minimum confinement term of six months for repeat offenders. Additionally, it escalates the offense to a state jail felony for individuals with two or more prior convictions or if the vehicle involved is a rail car.
Furthermore, the bill elevates the offense to a third-degree felony if the vehicle is owned by a wholesale distributor of prescription drugs and the intent is to steal a controlled substance, or if the actor commits theft of a firearm during the burglary. The changes in law will only apply to offenses committed on or after the effective date of September 1, 2025, ensuring that any offenses occurring before this date will be governed by the previous law.
Statutes affected: Introduced: Penal Code 30.04 (Penal Code 30)
Senate Committee Report: Penal Code 30.04 (Penal Code 30)
Engrossed: Penal Code 30.04 (Penal Code 30)
House Committee Report: Penal Code 30.04 (Penal Code 30)