WILLIAM DONALD SCHAEFER, Governor                          H.B. 471

The Committee recognizes that the crime of theft and the crime established by
subsection (b) of this section each include an element that is not included in the other
offense. Therefore, a conviction for a violation of subsection (b) would not merge into a
conviction for theft. However, the Committee believes that a completed theft should not
be prosecuted under this section.

33.

(A)     A PERSON WHO COMMITS BURGLARY IN THE FIRST, SECOND, OR THIRD
DEGREE AND WHO THEN AND THERE OPENS OR ATTEMPTS TO OPEN ANY VAULT,
SAFE, OR OTHER SECURE REPOSITORY BY THE USE OF AN EXPLOSIVE IS GUILTY OF
THE FELONY OF BURGLARY WITH EXPLOSIVES AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT FOR NOT MORE THAN 20 YEARS.

(B)     A SENTENCE THAT IS IMPOSED FOR A VIOLATION OF THIS SECTION MAY
BE IMPOSED SEPARATE FROM AND CONSECUTIVE TO OR CONCURRENT WITH A
SENTENCE FOR ANY OTHER OFFENSE BASED ON THE ACT OR ACTS ESTABLISHING
THE VIOLATION.

34.

(A)     (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2)      (I) "ENCLOSURE" MEANS ANY BUILDING, WATERCRAFT,
AIRCRAFT, TRAILER, SLEEPING CAR, OR OTHER STRUCTURE OR VEHICLE.

(II) "ENCLOSURE" INCLUDES:

1.        EACH SEPARATELY SECURED OR OCCUPIED PORTION OF
THE BUILDING OR VEHICLE; AND

2.        EACH STRUCTURE APPURTENANT OR CONNECTED TO
THE BUILDING OR VEHICLE.

(3)      "RESEARCH" MEANS ANY STUDIOUS AND SERIOUS INQUIRY,
EXAMINATION, INVESTIGATION, OR EXPERIMENTATION AIMED AT THE DISCOVERY
OR ACCUMULATION OF FACTS, DATA, THEORIES, TECHNOLOGIES, OR APPLICATIONS
FOR ANY GOVERNMENTAL, SCIENTIFIC, EDUCATIONAL, OR PROPRIETARY PURPOSE.

(4)      "RESEARCH FACILITY" MEANS ANY ENCLOSURE OR SEPARATELY
SECURED YARD, PAD, POND, LABORATORY, PASTURE, OR PEN THE PURPOSE OF
WHICH IS TO CONDUCT RESEARCH, HOUSE RESEARCH SUBJECTS, OR STORE
SUPPLIES, RECORDS, DATA, PROTOTYPES, OR EQUIPMENT NECESSARY TO OR
DERIVED FROM RESEARCH.

(5)      "RESEARCH PROPERTY" MEANS ANY PROPERTY RELATED TO
RESEARCH IN A RESEARCH FACILITY, REGARDLESS OF VALUE, INCLUDING ANY
SAMPLE, SPECIMEN, RESEARCH SUBJECT, RECORD, DATA, TEST RESULT, OR
PROPRIETARY INFORMATION.

(B)     A PERSON SHALL BE GUILTY OF BREAKING AND ENTERING A RESEARCH
FACILITY ONLY IF:

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