1-1 AN ACT
1-2 relating to the punishment for the offense of criminal mischief.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 28.03, Penal Code, is amended by amending
1-5 Subsection (b) and adding Subsection (g) to read as follows:
1-6 (b) Except as provided by Subsection (f), an offense under
1-7 this section is:
1-8 (1) a Class C misdemeanor if:
1-9 (A) the amount of pecuniary loss is less than
1-10 $50 [$20]; or
1-11 (B) except as provided in Subdivision (3)(B), it
1-12 causes substantial inconvenience to others;
1-13 (2) a Class B misdemeanor if the amount of pecuniary
1-14 loss is $50 [$20] or more but less than $500;
1-15 (3) a Class A misdemeanor if the amount of pecuniary
1-16 loss is:
1-17 (A) $500 or more but less than $1,500; or
1-18 (B) less than $1,500 and the actor causes in
1-19 whole or in part impairment or interruption of public
1-20 communications, public transportation, public water, gas, or power
1-21 supply, or other public service, or causes to be diverted in whole,
1-22 in part, or in any manner, including installation or removal of any
1-23 device for any such purpose, any public communications, public
1-24 water, gas, or power supply;
2-1 (4) a state jail felony if the amount of pecuniary
2-2 loss is:
2-3 (A) $1,500 or more but less than $20,000; or
2-4 (B) less than $1,500, if the property damaged or
2-5 destroyed is a habitation and if the damage or destruction is
2-6 caused by a firearm or explosive weapon;
2-7 (5) a felony of the third degree if the amount of the
2-8 pecuniary loss is $20,000 or more but less than $100,000;
2-9 (6) a felony of the second degree if the amount of
2-10 pecuniary loss is $100,000 or more but less than $200,000; or
2-11 (7) a felony of the first degree if the amount of
2-12 pecuniary loss is $200,000 or more.
2-13 (g) For the purposes of this section, "firearm" and
2-14 "explosive weapon" have the meanings assigned those terms by
2-15 Section 46.01.
2-16 SECTION 2. This Act takes effect September 1, 1997. The
2-17 change in law made by this Act applies only to an offense committed
2-18 on or after September 1, 1997. An offense committed before
2-19 September 1, 1997, is covered by the law in effect when the offense
2-20 was committed, and the former law is continued in effect for that
2-21 purpose. For purposes of this section, an offense was committed
2-22 before September 1, 1997, if any element of the offense occurred
2-23 before that date.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1370 was passed by the House on May
2, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1370 on May 29, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1370 was passed by the Senate, with
amendments, on May 26, 1997, by the following vote: Yeas 31, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor