BILL ANALYSIS

H.B. 1833

By: Shaheen

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In December 2022, NBC News reported that four public power substations in Washington State were deliberately and physically targeted in attacks, causing power outages on Christmas Day affecting more than 14,000 people and businesses. Politico reported the same month that the Federal Energy Regulatory Commission had encouraged local electrical substation agencies, in response to these attacks, to reconsider industry regulation standards to better protect and prepare for threats to public power supplies. H.B. 1833 seeks to deter individuals from committing criminal mischief involving the public power supply by increasing the criminal penalty for such conduct.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

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

H.B. 1833 amends the Penal Code to increase from a state jail felony to a third degree felony the penalty for the offense of criminal mischief in which the pecuniary loss is less than $30,000 and the actor causes wholly or partially impairment or interruption of property used for public power supply or who causes any public power supply to be diverted wholly, partly, or in any manner including the installation or removal of any device for any such purpose, any public power supply. Further, the bill raises the maximum amount of pecuniary loss for which such conduct constitutes the offense and is punishable by a third degree felony from less than $30,000 to less than $150,000.

H.B. 1833 applies only to an offense committed on or after the bill's effective date. The bill provides for the continuation of the law in effect before the bill's effective date for purposes of an offense, or any element thereof, that occurred before that date.

EFFECTIVE DATE

September 1, 2023.