| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | John S. O'Brien, Deputy Director, Legislative Budget Board |
| IN RE: | HB1012 by Hilderbran (Relating to the offense of abuse of a corpse and to the offense of criminal mischief in certain circumstances; providing a criminal penalty.), Committee Report 2nd House, As Amended |
The bill would amend Section 42.08, Penal Code, to add to the actions that create the offense of Abuse of Corpse that of vandalizing, damaging, or treating in an offensive manner the space in which a human corpse has been interred or otherwise permanently laid to rest. If the conduct constituting this offense also constitutes an offense under another statute, the person may be prosecuted under either or both sections.
Under provisions of the bill, a court would be required to order restitution to be paid by a defendant convicted of an offense of Abuse of Corpse or a criminal mischief offense involving less than $20,000 in damage of a place of worship, burial place, public monument, or community center.
The bill would take effect June 1, 2005 if it receives the required two-thirds vote in each house; otherwise, it would take effect September 1, 2005. Provisions of the bill would apply only to an offense committed on or after the effective date.
| Source Agencies: |
| LBB Staff: | JOB, KJG, DLBa
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