Amend CSHB 587 by striking all below the enacting clause and
substituting the following:
SECTION 1. Section 19.02(d), Penal Code, is amended to read
as follows:
(d) At the punishment stage of a trial, the defendant may
raise the issue as to whether he caused the death under the
immediate influence of sudden passion arising from an adequate
cause. If the defendant proves the issue in the affirmative by a
preponderance of the evidence, the offense is a felony of the first
<second> degree.
SECTION 2. Section 19.04(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the first
<second> degree.
SECTION 3. Section 19.05(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a <state jail> felony
of the third degree.
SECTION 4. Section 20.02(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a Class A misdemeanor
unless:
(1) the person restrained was a child younger than 17
years of age, in which event the offense is a <state jail> felony
of the third degree; or
(2) the actor recklessly exposes the victim to a
substantial risk of serious bodily injury, in which event it is a
felony of the second <third> degree.
SECTION 5. Section 20.03(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a felony of the second
<third> degree.
SECTION 6. Section 20.05(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a <state jail> felony
of the third degree.
SECTION 7. Section 21.11(c), Penal Code, is amended to read
as follows:
(c) An offense under Subsection (a)(1) is a felony of the
first <second> degree and an offense under Subsection (a)(2) is a
felony of the second <third> degree.
SECTION 8. Section 22.01(b), Penal Code, is amended to read
as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the second
<third> degree if the offense is committed against:
(1) a person the actor knows is a public servant while
the public servant is lawfully discharging an official duty, or in
retaliation or on account of an exercise of official power or
performance of an official duty as a public servant; or
(2) a member of the defendant's family or household,
if it is shown on the trial of the offense that the defendant has
been previously convicted of an offense against a member of the
defendant's family or household under this section.
SECTION 9. Section 22.011(f), Penal Code, is amended to read
as follows:
(f) An offense under this section is a felony of the first
<second> degree.
SECTION 10. Section 22.015(c), Penal Code, is amended to read
as follows:
(c) An offense under Subsection (b)(1) is a <state jail>
felony of the third degree. An offense under Subsection (b)(2) is
a felony of the second <third> degree.
SECTION 11. Section 22.02(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the first
<second> degree<, except that the offense is a felony of the first
degree if the offense is committed:>
<(1) by a public servant acting under color of the
servant's office or employment;>
<(2) against a person the actor knows is a public
servant while the public servant is lawfully discharging an
official duty, or in retaliation or on account of an exercise of
official power or performance of an official duty as a public
servant; or>
<(3) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime>.
SECTION 12. Sections 22.04(e)-(g), Penal Code, are amended to
read as follows:
(e) An offense under Subsection (a)(1) or (2) is a felony of
the first degree <when the conduct is committed intentionally or
knowingly. When the conduct is engaged in recklessly it shall be a
felony of the second degree>.
(f) An offense under Subsection (a)(3) is a felony of the
second <third> degree when the conduct is committed intentionally
or knowingly. When the conduct is engaged in recklessly it shall
be a <state jail> felony of the third degree.
(g) An offense under Subsection (a) when the person acts
with criminal negligence shall be a <state jail> felony of the
third degree.
SECTION 13. Sections 22.041(d)-(f), Penal Code, are amended
to read as follows:
(d) Except as provided by Subsection (e), an offense under
Subsection (b) is:
(1) a <state jail> felony of the third degree if the
actor abandoned the child with intent to return for the child; or
(2) a felony of the second <third> degree if the actor
abandoned the child without intent to return for the child.
(e) An offense under Subsection (b) is a felony of the first
<second> degree if the actor abandons the child under circumstances
that a reasonable person would believe would place the child in
imminent danger of death, bodily injury, or physical or mental
impairment.
(f) An offense under Subsection (c) is a <state jail> felony
of the third degree.
SECTION 14. Section 22.05(e), Penal Code, is amended to read
as follows:
(e) An offense under Subsection (a) is a Class A
misdemeanor. An offense under Subsection (b) is a felony of the
second <third> degree.
SECTION 15. Section 22.07(b), Penal Code, is amended to read
as follows:
(b) An offense under Subdivision (1) or (2) of Subsection
(a) is a Class B misdemeanor. An offense under Subdivision (3) of
Subsection (a) is a Class A misdemeanor. An offense under
Subdivision (4) of Subsection (a) is a felony of the second <third>
degree.
SECTION 16. Section 22.08(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class C misdemeanor
unless the actor's conduct causes suicide or attempted suicide that
results in serious bodily injury, in which event the offense is a
<state jail> felony of the third degree.
SECTION 17. Section 22.09(d), Penal Code, is amended to read
as follows:
(d) An offense under Subsection (b) is a felony of the
<second degree unless a person suffers serious bodily injury, in
which event it is a felony of the> first degree. An offense under
Subsection (c) is a felony of the second <third> degree.
SECTION 18. Section 22.11(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a felony of the second
<third> degree.
SECTION 19. Section 28.02(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a felony of the <second
degree, except that the offense is a felony of the> first degree
<if it is shown on the trial of the offense that:>
<(1) bodily injury or death was suffered by any person
by reason of the commission of the offense; or>
<(2) the actor committed the offense knowing that the
property intended to be damaged or destroyed was a place of
worship>.
SECTION 20. Sections 28.03(b) and (f), Penal Code, are
amended to read as follows:
(b) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than
$50; or
(B) except as provided in Subdivision (3)(B), it
causes substantial inconvenience to others;
(2) a Class B misdemeanor if the amount of pecuniary
loss is $50 or more but less than $500;
(3) a Class A misdemeanor if the amount of pecuniary
loss is:
(A) $500 or more but less than $1,500; or
(B) less than $1,500 and the actor causes in
whole or in part impairment or interruption of public
communications, public transportation, public water, gas, or power
supply, or other public service, or causes to be diverted in whole,
in part, or in any manner, including installation or removal of any
device for any such purpose, any public communications, public
water, gas, or power supply;
(4) a <state jail> felony of the third degree if the
amount of pecuniary loss is:
(A) $1,500 or more but less than $20,000;
(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; or
(C) less than $1,500, if the property was a
fence used for the production or containment of:
(i) cattle, bison, horses, sheep, swine,
goats, exotic livestock, or exotic poultry; or
(ii) game animals as that term is defined
by Section 63.001, Parks and Wildlife Code;
(5) a felony of the second <third> degree if the
amount of the pecuniary loss is $20,000 or more but less than
$100,000; or
(6) a felony of the first <second> degree if the
amount of pecuniary loss is $100,000 or more <but less than
$200,000; or>
<(7) a felony of the first degree if the amount of
pecuniary loss is $200,000 or more>.
(f) An offense under this section is a <state jail> felony
of the third degree if the damage or destruction is inflicted on a
place of worship or human burial, a public monument, or a community
center that provides medical, social, or educational programs and
the amount of the pecuniary loss to real property or to tangible
personal property is less than $20,000.
SECTION 21. Sections 28.08(b) and (d), Penal Code, are
amended to read as follows:
(b) Except as provided by Subsection (d), an offense under
this section is:
(1) a Class B misdemeanor if the amount of pecuniary
loss is less than $500;
(2) a Class A misdemeanor if the amount of pecuniary
loss is $500 or more but less than $1,500;
(3) a <state jail> felony of the third degree if the
amount of pecuniary loss is $1,500 or more but less than $20,000;
(4) a felony of the second <third> degree if the
amount of pecuniary loss is $20,000 or more but less than $100,000;
or
(5) a felony of the first <second> degree if the
amount of pecuniary loss is $100,000 or more <but less than
$200,000; or>
<(6) a felony of the first degree if the amount of
pecuniary loss is $200,000 or more>.
(d) An offense under this section is a <state jail> felony
of the third degree if:
(1) the marking is made on a school, an institution of
higher education, a place of worship or human burial, a public
monument, or a community center that provides medical, social, or
educational programs; and
(2) the amount of the pecuniary loss to real property
or to tangible personal property is less than $20,000.
SECTION 22. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 23. This Act takes effect September 1, 2001.