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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of criminal mischief. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.03(b), Penal Code, is amended to read |
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as follows: |
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(b) Except as provided by Subsections (f) and (h), an |
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offense under this section is: |
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(1) a Class C misdemeanor if: |
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(A) the amount of pecuniary loss is less than |
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$50; or |
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(B) except as provided in Subdivision (3)(A) or |
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(3)(B), it causes substantial inconvenience to others; |
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(2) a Class B misdemeanor if the amount of pecuniary |
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loss is $50 or more but less than $500; |
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(3) a Class A misdemeanor if: |
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(A) the amount of pecuniary loss is[:
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[(i)] $500 or more but less than $1,500; or |
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[(ii)
less than $1,500 and the actor causes
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in whole or in part impairment or interruption of public
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communications, public transportation, public gas or power supply,
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or other public service, or causes to be diverted in whole, in part,
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or in any manner, including installation or removal of any device
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for any such purpose, any public communications or public gas or
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power supply; or] |
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(B) the actor causes in whole or in part |
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impairment or interruption of any public water supply, or causes to |
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be diverted in whole, in part, or in any manner, including |
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installation or removal of any device for any such purpose, any |
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public water supply, regardless of the amount of the pecuniary |
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loss; |
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(4) a state jail felony if the amount of pecuniary loss |
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is: |
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(A) $1,500 or more but less than $20,000; |
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(B) less than $1,500, if the property damaged or |
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destroyed is a habitation and if the damage or destruction is caused |
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by a firearm or explosive weapon; [or] |
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(C) less than $1,500, if the property was a fence |
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used for the production or containment of: |
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(i) cattle, bison, horses, sheep, swine, |
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goats, exotic livestock, or exotic poultry; or |
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(ii) game animals as that term is defined by |
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Section 63.001, Parks and Wildlife Code; or |
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(D) less than $20,000 and the actor causes wholly |
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or partly impairment or interruption of public communications, |
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public transportation, public gas or power supply, or other public |
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service, or causes to be diverted wholly, partly, or in any manner, |
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including installation or removal of any device for any such |
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purpose, any public communications or public gas or power supply; |
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(5) a felony of the third degree if the amount of the |
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pecuniary loss is $20,000 or more but less than $100,000; |
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(6) a felony of the second degree if the amount of |
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pecuniary loss is $100,000 or more but less than $200,000; or |
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(7) a felony of the first degree if the amount of |
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pecuniary loss is $200,000 or more. |
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SECTION 2. The change in law made by this Act in amending |
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Section 28.03(b), Penal Code, applies only to an offense committed |
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on or after the effective date of this Act. An offense committed |
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before the effective date of this Act is covered by the law in |
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effect when the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense is committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |