1-1     By:  Garcia, et al. (Senate Sponsor - Shapiro)        H.B. No. 1370

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Shapiro

 1-7           Amend H.B. No. 1370 in SECTION 1 of the bill, in amended

 1-8     Section 28.03(b), Penal Code (house engrossment, page 1, lines

 1-9     44-51), by striking Subdivisions (4) and (5) and substituting the

1-10     following:

1-11                 "(4)  a state jail felony if the amount of pecuniary

1-12     loss is:

1-13                       (A)  $1,500 or more but less than $20,000; or

1-14                       (B)  less than $1,500, if the property damaged or

1-15     destroyed is a habitation and if the damage or destruction is

1-16     caused by a firearm or explosive weapon;

1-17                 (5)  a felony of the third degree if the amount of the

1-18     pecuniary loss is $20,000 or more but less than $100,000;".

1-19                            A BILL TO BE ENTITLED

1-20                                   AN ACT

1-21     relating to the punishment for the offense of criminal mischief.

1-22           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-23           SECTION 1.  Section 28.03, Penal Code, is amended by amending

1-24     Subsection (b) and adding Subsection (g) to read as follows:

1-25           (b)  Except as provided by Subsection (f), an offense under

1-26     this section is:

1-27                 (1)  a Class C misdemeanor if:

1-28                       (A)  the amount of pecuniary loss is less than

1-29     $50 [$20]; or

1-30                       (B)  except as provided in Subdivision (3)(B), it

1-31     causes substantial inconvenience to others;

1-32                 (2)  a Class B misdemeanor if the amount of pecuniary

1-33     loss is $50 [$20] or more but less than $500;

1-34                 (3)  a Class A misdemeanor if the amount of pecuniary

1-35     loss is:

1-36                       (A)  $500 or more but less than $1,500; or

1-37                       (B)  less than $1,500 and the actor causes in

1-38     whole or in part impairment or interruption of public

1-39     communications, public transportation, public water, gas, or power

1-40     supply, or other public service, or causes to be diverted in whole,

1-41     in part, or in any manner, including installation or removal of any

1-42     device for any such purpose, any public communications, public

1-43     water, gas, or power supply;

1-44                 (4)  a state jail felony if the amount of pecuniary

1-45     loss is $1,500 or more but less than $20,000;

1-46                 (5)  a felony of the third degree if the amount of the

1-47     pecuniary loss is:

1-48                       (A)  $20,000 or more but less than $100,000; or

1-49                       (B)  less than $20,000, if the property damaged

1-50     or destroyed is a habitation and if the damage or destruction is

1-51     caused by a firearm or explosive weapon;

1-52                 (6)  a felony of the second degree if the amount of

1-53     pecuniary loss is $100,000 or more but less than $200,000; or

1-54                 (7)  a felony of the first degree if the amount of

1-55     pecuniary loss is $200,000 or more.

1-56           (g)  For the purposes of this section, "firearm" and

1-57     "explosive weapon" have the meanings assigned those terms by

1-58     Section 46.01.

1-59           SECTION 2.  This Act takes effect September 1, 1997.  The

1-60     change in law made by this Act applies only to an offense committed

1-61     on or after September 1, 1997.  An offense committed before

1-62     September 1, 1997, is covered by the law in effect when the offense

1-63     was committed, and the former law is continued in effect for that

1-64     purpose.  For purposes of this section, an offense was committed

 2-1     before September 1, 1997, if any element of the offense occurred

 2-2     before that date.

 2-3           SECTION 3.  The importance of this legislation and the

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended.

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