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.
2-8 * * * * *