83R6889 MEW-D

By: White H.B. No. 2849

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for property offenses involving criminal mischief and graffiti.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 28.03(b), (f), (h), (i), and (j), Penal Code, are amended to read as follows:

(b) Except as provided by Subsections (f), [and] (h), (i), and (j), an offense under this section is punishable as provided by Section 28.09 [:

[(1) a Class C misdemeanor if:

[(A) the amount of pecuniary loss is less than $50; or

[(B) except as provided in Subdivision (3)(A) or (3)(B), it causes substantial inconvenience to others;

[(2) a Class B misdemeanor if the amount of pecuniary loss is $50 or more but less than $500;

[(3) a Class A misdemeanor if:

[(A) the amount of pecuniary loss is $500 or more but less than $1,500; or

[(B) the actor causes in whole or in part impairment or interruption of any public water supply, or causes to be diverted in whole, in part, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

[(4) a state jail felony if the amount of pecuniary loss is:

[(A) $1,500 or more but less than $20,000;

[(B) less than $1,500, if the property damaged or destroyed is a habitation and if the damage or destruction is caused by a firearm or explosive weapon;

[(C) less than $1,500, if the property was a fence used for the production or containment of:

[(i) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or

[(ii) game animals as that term is defined by Section 63.001, Parks and Wildlife Code; or

[(D) less than $20,000 and the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

[(5) a felony of the third degree if the amount of the pecuniary loss is $20,000 or more but less than $100,000;

[(6) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

[(7) a felony of the first degree if the amount of pecuniary loss is $200,000 or more].

(f) An offense under this section is a state jail felony if the damage or destruction is inflicted on a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs and the amount of the pecuniary loss to real property or to tangible personal property is less than $30,000 [$20,000].

(h) An offense under this section is a state jail felony if the amount of the pecuniary loss to real property or to tangible personal property is $3,000 [$1,500] or more but less than $30,000 [$20,000] and the damage or destruction is inflicted on a public or private elementary school, secondary school, or institution of higher education.

(i) An [Notwithstanding Subsection (b), an] offense under this section is a felony of the first degree if the property is livestock and the damage is caused by introducing bovine spongiform encephalopathy, commonly known as mad cow disease, or a disease described by Section 161.041(a), Agriculture Code. In this subsection, "livestock" has the meaning assigned by Section 161.001, Agriculture Code.

(j) An [Notwithstanding Subsection (b), an] offense under this section is a felony of the third degree if:

(1) the tangible property damaged, destroyed, or tampered with is transportation communications equipment or a transportation communications device; and

(2) the amount of the pecuniary loss to the tangible property is less than $150,000 [$100,000].

SECTION 2. Sections 28.08(b) and (d), Penal Code, are amended to read as follows:

(b) Except as provided by Subsection (d), an offense under this section is punishable as provided by Section 28.09[:

[(1) a Class B misdemeanor if the amount of pecuniary loss is less than $500;

[(2) a Class A misdemeanor if the amount of pecuniary loss is $500 or more but less than $1,500;

[(3) a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

[(4) a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000;

[(5) a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

[(6) a felony of the first degree if the amount of pecuniary loss is $200,000 or more].

(d) An offense under this section is a state jail felony if:

(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs; and

(2) the amount of the pecuniary loss to real property or to tangible personal property is less than $30,000 [$20,000].

SECTION 3. Chapter 28, Penal Code, is amended by adding Section 28.09 to read as follows:

Sec. 28.09. GENERAL PENALTY. (a) An offense under Section 28.03 or 28.08 is:

(1) a Class C misdemeanor if:

(A) the amount of pecuniary loss is less than $100; or

(B) the offense was committed under Section 28.03 and, except as provided by Subdivision (3)(B) or (4)(C)(iii) of this subsection, it causes substantial inconvenience to others;

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $1,500;

(3) a Class A misdemeanor if:

(A) the amount of pecuniary loss is $1,500 or more but less than $3,000; or

(B) the offense was committed under Section 28.03 and the actor causes wholly or partly impairment or interruption of any public water supply, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public water supply, regardless of the amount of the pecuniary loss;

(4) a state jail felony if:

(A) the amount of pecuniary loss is $3,000 or more but less than $30,000;

(B) the offense was committed under Section 28.03 and the amount of pecuniary loss is less than $3,000, if the property damaged or destroyed was:

(i) a fence used for the production or containment of:

(a) cattle, bison, horses, sheep, swine, goats, exotic livestock, or exotic poultry; or

(b) game animals, as that term is defined by Section 63.001, Parks and Wildlife Code; or

(ii) a habitation and the damage or destruction was caused by a firearm or explosive weapon; or

(C) the offense:

(i) was committed under Section 28.03;

(ii) the amount of pecuniary loss is less than $30,000; and

(iii) the actor causes wholly or partly impairment or interruption of public communications, public transportation, public gas or power supply, or other public service, or causes to be diverted wholly, partly, or in any manner, including installation or removal of any device for any such purpose, any public communications or public gas or power supply;

(5) a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000; or

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more.

(b) The terms "public communication, public transportation, public gas or power supply, or other public service" and "public water supply" shall mean, refer to, and include any such services subject to regulation by the Public Utility Commission of Texas, the Railroad Commission of Texas, or the Texas Commission on Environmental Quality or any such services enfranchised by the State of Texas or any political subdivision thereof.

(c) When more than one item of tangible property, belonging to one or more owners, is damaged, destroyed, or tampered with in violation of Section 28.03 pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the damage to, destruction of, or tampering with the property may be aggregated in determining the grade of the offense.

(d) When more than one item of tangible property, belonging to one or more owners, is marked in violation of Section 28.08 pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense, and the amounts of pecuniary loss to property resulting from the marking of the property may be aggregated in determining the grade of the offense.

(e) In this section:

(1) "Explosive weapon" means any explosive or incendiary device that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes:

(A) an explosive or incendiary bomb, grenade, rocket, and mine;

(B) a device designed, made, or adapted for delivering or shooting an explosive weapon; and

(C) a device designed, made, or adapted to start a fire in a time-delayed manner.

(2) "Firearm" has the meaning assigned by Section 46.01.

SECTION 4. The following laws are repealed:

(1) Section 28.03(d), Penal Code; and

(2) Sections 28.03(g)(1) and (2), Penal Code.

SECTION 5. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 6. This Act takes effect September 1, 2013.