SRC-EPT H.B. 616 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 616
78R3806 GWK-DBy: Keel (Hinojosa)
Criminal Justice
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Currently, terroristic threat is categorized as a misdemeanor, unless the
threat is made with intent to impair or interrupt public utilities or
public transportation, in which event it is a felony of the third degree.
In situations where terroristic threat is made with intent to interrupt
the occupation or use of a building, church, or transportation conveyance,
the punishment is a Class A misdemeanor, no matter the economic loss to
the victim.  In some situations, a bomb threat to a business can cause the
evacuation and abandonment of a building for several hours, and in such
case the economic loss to the business can total into the tens of
thousands of dollars. H.B. 616 attaches a monetary measure to the crime,
so that where the victim's losses total more than $1,500.00, the offense
is classified as a state jail felony.  


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.07, Penal Code, by amending Subsection (b)
and adding Subsection (c), as follows:   

(b) Provides that an offense under Subdivision (3) of Subsection (a) is a
class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or
more to the owner of the building, room, place, or conveyance, in which
event the offense is a state jail felony. 

(c)  Provides that the amount of pecuniary loss under Subsection (b) is
the amount of economic loss suffered by the owner of the building, room,
place, or conveyance as a result of the prevention or interruption of the
occupation or use of the building, room, place, or conveyance. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3. Effective date:  September 1, 2003.