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".