By: Huffman  S.B. No. 516
         (In the Senate - Filed January 28, 2021; March 9, 2021, read
  first time and referred to Committee on Jurisprudence;
  March 23, 2021, reported favorably by the following vote:  Yeas 4,
  Nays 0; March 23, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to increasing the criminal penalty for the offense of
  criminal mischief involving impairment or interruption of access to
  an automated teller machine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.03(b), Penal Code, is amended to read
  as follows:
         (b)  Except as provided by Subsections (f) and (h), an
  offense under this section is:
               (1)  a Class C misdemeanor if:
                     (A)  the amount of pecuniary loss is less than
  $100; 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 $100 or more but less than $750;
               (3)  a Class A misdemeanor if:
                     (A)  the amount of pecuniary loss is $750 or more
  but less than $2,500; 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)  $2,500 or more but less than $30,000;
                     (B)  less than $2,500, 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 $2,500, 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 $30,000 and the actor:
                           (i)  causes wholly or partly impairment or
  interruption of property used for flood control purposes or a dam or
  of public communications, public transportation, public gas or
  power supply, or other public service; or
                           (ii)  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:
                     (A)  the amount of the pecuniary loss is $30,000
  or more but less than $150,000; [or]
                     (B)  the actor, by discharging a firearm or other
  weapon or by any other means, causes the death of one or more head of
  cattle or bison or one or more horses; or
                     (C)  the actor causes wholly or partly impairment
  or interruption of access to an automated teller machine,
  regardless of the amount of the pecuniary loss;
               (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.
         SECTION 2.  Section 28.03(g), Penal Code, is amended by
  adding Subdivision (9) to read as follows:
               (9)  "Automated teller machine" has the meaning
  assigned by Section 31.03.
         SECTION 3.  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 when 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 4.  This Act takes effect September 1, 2021.
 
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