BILL ANALYSIS

C.S.H.B. 3224

By: Madden

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Currently, confusing language governs the offense against a person who intentionally starts a fire with the intent to do harm and recklessly causes damage to another person's property.  The law requires the prosecution to prove both that the defendant committed arson and that the arson was committed recklessly if the offense is punishable as a third-degree felony.

A prosecutor who pursues a third-degree felony charge for such an offense has the extra burden of proving that the arson was committed recklessly, and this burden may cause the prosecutor to pursue the lesser crime of criminal mischief, a Class C misdemeanor punishable by a fine and no jail time.

This legislation clarifies the offense to prevent the burden of proof from being raised when lesser charges are pursued and would align the punishment for the offense with the laws of other states and ensure that the penalty for the offense is balanced. 

C.S.H.B. 3224 makes it a state jail felony for a person who intentionally starts a fire or causes an explosion and in doing so recklessly damages or destroys a building belonging to another or recklessly causes another person to suffer bodily injury or death.  The bill removes the third-degree felony offense involving conduct similar to that offense.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3224 amends the Penal Code to remove the third degree felony for a person who commits an arson offense and intentionally starts a fire in or on a building, habitation, or vehicle, with intent to damage or destroy property belonging to another, or with intent to injure any person, and in so doing, recklessly causes damage to the building, habitation, or vehicle.  The bill makes it a state jail felony arson offense for a person who intentionally starts a fire or causes an explosion and in so doing recklessly damages or destroys a building belonging to another or recklessly causes another person to suffer bodily injury or death.  The bill specifies that if conduct that constitutes the state jail felony arson offense of intentionally starting such a fire or causing such an explosion constitutes an offense under another Penal Code provision, the actor may be prosecuted under either offense.

C.S.H.B. 3224 specifies that the attorney general, with the consent of the appropriate local county or district attorney, has concurrent jurisdiction with that consenting local prosecutor to prosecute an arson offense.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 3224 differs from the provision in the original making it a state jail felony arson offense to intentionally start a fire or cause an explosion and in so doing cause another person to suffer bodily injury or death, by adding the specification that the actor recklessly causes another person to suffer bodily injury or death.  The substitute adds a provision not in the original that specifies that the attorney general, with the consent of the appropriate local county or district attorney, has concurrent jurisdiction with that consenting local prosecutor to prosecute an arson offense.