SRC-DPW S.B. 1218 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1218
76R5133 KEL-DBy: Moncrief
Criminal Justice
4/27/1999
As Filed


DIGEST 

Currently, many fire departments have reported problems in combating arson
fires and some firefighters have expressed frustration over the lack of
prosecution of such fires.  This bill would redefine the offense for
starting a fire and establish guidelines for the prosecution of and the
punishment for certain offenses involving damage or destruction of
property. 

PURPOSE

As proposed, S.B. 1218 establishes guidelines for the prosecution of and
the punishment for certain offenses involving damage or destruction of
property. 

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 Sections 28.02(a), and (d), Penal Code, to provide that a
person commits an offense if a person starts a fire, regardless of its
continuation after ignition, or attempts to start a fire or cause an
explosion to damage any tangible property, including a building, habitation
or vehicle. Provides that an offense under this section is a felony in the
first degree if the actor knew the property intended to be damaged was a
habitation or a place of assembly.  Makes conforming and nonsubstantive
changes. 

SECTION 2. Amends Sections 28.03(f) and (g), Penal Code, to provide that an
offense under this section is a state jail felony if the amount of
pecuniary loss to real property or to tangible personal property is less
than $20,000 inflicted on an elementary school, secondary school, or
institution of higher education.  Defines "explosive weapon," "firearm,"
and "institution of higher education." Deletes provision regarding an
amount of pecuniary loss.  Deletes definitions for "firearm" and "explosive
weapon."  Makes nonsubstantive changes. 

SECTION 3. Amends Section 28.06, Penal Code, by adding Subsection (f), to
provide that the amount of pecuniary loss is the amount ascertainable by
using the criteria set forth in Subsections (a) through (d) if the damage
is caused by a fire or explosion, or if the damaged property is a document
with readily ascertainable market value plus any other reasonable
foreseeable economic losses to the owner of the property that result from
the commission of an offense. 

SECTION 4. Makes application of this Act prospective.

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Emergency clause.