AEZ H.B. 1370 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 1370
By: Garcia
4-17-97
Committee Report (Amended)



BACKGROUND 

In recent years, drive-by shootings have become rather commonplace in many
urban Texas cities. Many of the drive-by shootings are gang-related.
This crime has either claimed the lives or seriously injured many innocent
people who are often caught in the crossfire.  Along with human
casualties, drive-by shootings produce much  property damage.  Stray
bullets have shattered windows in both buildings and vehicles or have been
found lodged in walls of  either residential complexes or school
buildings.    Under current law, if someone involved in a drive-by only
hits property and not a person, the actor is charged with a misdemeanor
offense of criminal mischief.  

PURPOSE

HB 1370, as proposed would add property damage, or destruction,  done as a
result of a drive-by shooting to the list of criminal mischief offenses
punishable by law.  The offense would be a thirddegree felony  if the
amount of loss is  less than $20,000 and the property destroyed or damaged
is a residence, building or vehicle, and was destroyed or damaged by a
firearm or explosive weapon.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:Amends Section 28.03(b)(5), Penal Code, Criminal Mischief  by
adding Subsection (B) making it a third-degree felony to damage or destroy
a habitation, building or vehicle if the loss was valued at less than
$20,000 and was caused by a firearm or explosive weapon.  Amends Section
28.03 by adding Subsection (g) defining the meaning of "firearm" and
"explosive weapon" 


SECTION 2:Effective Date:  September 1, 1997.   This law applies to crimes
committed on or after effective date.  Offenses committed before the
effective date of this act is covered by the law in effect when the
offense was committed. 

SECTION 3:Emergency Clause.



EXPLANATION OF AMENDMENTS

Amends new subsection 28.03(b)(5)(B) by deleting the words "building or
vehicle".