1-1 By: Nelson S.B. No. 103
1-2 (In the Senate - Filed November 13, 2000; January 11, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 18, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 18, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 103 By: Ogden
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the prosecution of certain offenses involving damage or
1-11 destruction of property.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsections (a) and (d), Section 28.02, Penal
1-14 Code, are amended to read as follows:
1-15 (a) A person commits an offense if the person [he] starts a
1-16 fire, regardless of whether the fire continues after ignition, or
1-17 causes an explosion with intent to destroy or damage:
1-18 (1) any vegetation, fence, or structure on open-space
1-19 land; or
1-20 (2) any building, habitation, or vehicle:
1-21 (A) knowing that it is within the limits of an
1-22 incorporated city or town;
1-23 (B) knowing that it is insured against damage or
1-24 destruction;
1-25 (C) knowing that it is subject to a mortgage or
1-26 other security interest;
1-27 (D) knowing that it is located on property
1-28 belonging to another;
1-29 (E) knowing that it has located within it
1-30 property belonging to another; or
1-31 (F) when the person [he] is reckless about
1-32 whether the burning or explosion will endanger the life of some
1-33 individual or the safety of the property of another.
1-34 (d) An offense under this section is a felony of the second
1-35 degree, except that the offense is a felony of the first degree if
1-36 it is shown on the trial of the offense that:
1-37 (1) bodily injury or death was suffered by any person
1-38 by reason of the commission of the offense; or
1-39 (2) [the actor committed the offense knowing that] the
1-40 property intended to be damaged or destroyed by the actor was a
1-41 habitation or a place of assembly or worship.
1-42 SECTION 2. Subsection (g), Section 28.03, Penal Code, is
1-43 amended to read as follows:
1-44 (g) In [For the purposes of] this section:
1-45 (1) "Explosive weapon" means any explosive or
1-46 incendiary device that is designed, made, or adapted for the
1-47 purpose of inflicting serious bodily injury, death, or substantial
1-48 property damage, or for the principal purpose of causing such a
1-49 loud report as to cause undue public alarm or terror, and includes:
1-50 (A) an explosive or incendiary bomb, grenade,
1-51 rocket, and mine;
1-52 (B) a device designed, made, or adapted for
1-53 delivering or shooting an explosive weapon; and
1-54 (C) a device designed, made, or adapted to start
1-55 a fire in a time-delayed manner.
1-56 (2) "Firearm" has[, "firearm" and "explosive weapon"
1-57 have] the meaning [meanings] assigned [those terms] by Section
1-58 46.01.
1-59 SECTION 3. The change in law made by this Act applies only
1-60 to an offense committed on or after the effective date of this Act.
1-61 An offense committed before the effective date of this Act is
1-62 covered by the law in effect when the offense was committed, and
1-63 the former law is continued in effect for that purpose. For
1-64 purposes of this section, an offense was committed before the
2-1 effective date of this Act if any element of the offense occurred
2-2 before that date.
2-3 SECTION 4. This Act takes effect September 1, 2001.
2-4 * * * * *