SRC-SLL H.B. 1370 75(R)BILL ANALYSIS


Senate Research CenterH.B. 1370
By: Garcia (Shapiro)
Criminal Justice
5-18-97
Committee Report (Amended)


DIGEST 

In recent years, drive-by shootings have increased in many Texas cities.
This crime has either changed 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 residential complexes and schools.  Under current law, if
someone involved in a drive-by shooting only damages property the person
is charged with a misdemeanor offense of criminal mischief.  This bill
will increase the punishment for the offense of criminal mischief under
certain circumstances. 

PURPOSE

As proposed, H.B. 1370 provides regulations regarding the punishment for
the offense of criminal mischief. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.03, Penal Code, by amending Subsection (b)
and adding Subsection (g), to provide that an offense under this section
is, among other penalties, a Class C misdemeanor if the amount of
pecuniary loss is less than $50, rather than $20; or a state jail felony
if the amount of the pecuniary loss is less than $1,500, if the property
damaged or destroyed is a habitation and if the damage or destruction is
caused by a firearm or explosive weapon. Defines "firearm" and "explosive
weapon."  Makes a conforming change. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

On page 2, lines 1-8, by striking Subdivisions (4) and (5), and
substituting the following: 

"(4) a state jail felony if the amount of the pecuniary loss is:

(A) $1,500 or more but less than $20,000; or

(B) less than $1,500, if the property damaged or destroyed is a habitation
and if the damage or destruction is caused by a firearm or explosive
weapon; 

(5) a felony of the third degree if the amount of the pecuniary loss is
$20,000 or more but less than $100,000;".