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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for criminal offenses involving secure |
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correctional facility property or committed by persons confined in |
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secure correctional facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.01(c), Penal Code, is amended to read |
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as follows: |
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(c) An offense under Subsection (a)(2) or (3) is a Class C |
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misdemeanor, except that the offense is: |
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(1) a state jail felony if the offense is committed by |
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an inmate of a secure correctional facility against an official or |
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employee of that facility; |
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(2) a Class A misdemeanor if the offense is committed |
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under Subsection (a)(3) against an elderly individual or disabled |
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individual, as those terms are defined by Section 22.04; or |
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(3) [(2)] a Class B misdemeanor if the offense is |
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committed by a person who is not a sports participant against a |
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person the actor knows is a sports participant either: |
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(A) while the participant is performing duties or |
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responsibilities in the participant's capacity as a sports |
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participant; or |
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(B) in retaliation for or on account of the |
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participant's performance of a duty or responsibility within the |
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participant's capacity as a sports participant. |
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SECTION 2. Section 28.03(f), Penal Code, is amended to read |
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as follows: |
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(f) An offense under this section is a state jail felony if: |
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(1) the damage or destruction is inflicted on a place |
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of worship or human burial, a secure correctional facility, a |
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public monument, or a community center that provides medical, |
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social, or educational programs; and |
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(2) the amount of the pecuniary loss to real property |
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or to tangible personal property is less than $20,000. |
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SECTION 3. Article 42.08(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) If a defendant is sentenced for an offense committed |
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while the defendant was an inmate in a confinement facility |
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operated by or under contract with any [the institutional] division |
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of the Texas Department of Criminal Justice, including a state jail |
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felony facility, and the defendant has not completed the sentence |
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the defendant [he] was serving at the time of the offense, the judge |
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shall order the sentence for the subsequent offense to commence |
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immediately on completion of the sentence for the original offense. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2007. |