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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for the offense of |
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criminal mischief involving tampering with a state-owned barrier or |
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part of a barrier used to prevent travel across the international |
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border of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.03, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (l) to read as |
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follows: |
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(b) Except as provided by Subsections (f), [and] (h), and |
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(l), an 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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$100; 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 $100 or more but less than $750; |
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(3) a Class A misdemeanor if: |
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(A) the amount of pecuniary loss is $750 or more |
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but less than $2,500; 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) $2,500 or more but less than $30,000; |
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(B) less than $2,500, 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; |
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(C) less than $2,500, 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; |
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(D) less than $30,000 and the actor: |
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(i) causes wholly or partly impairment or |
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interruption of property used for flood control purposes or a dam or |
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of public communications, public transportation, public gas |
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supply, or other public service; or |
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(ii) causes to be diverted wholly, partly, |
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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 |
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supply; or |
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(E) less than $30,000, if the property is a motor |
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vehicle that is damaged, destroyed, or tampered with during the |
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removal or attempted removal of a catalytic converter from the |
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motor vehicle; |
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(5) a felony of the third degree if: |
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(A) the amount of the pecuniary loss is $30,000 |
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or more but less than $150,000; |
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(B) the actor, by discharging a firearm or other |
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weapon or by any other means, causes the death of one or more head of |
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cattle or bison or one or more horses; |
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(C) the actor causes wholly or partly impairment |
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or interruption of access to an automated teller machine, |
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regardless of the amount of the pecuniary loss; or |
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(D) the amount of pecuniary loss is less than |
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$150,000 and the actor: |
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(i) causes wholly or partly impairment or |
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interruption of property used for public power supply; or |
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(ii) causes to be diverted wholly, partly, |
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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 power supply; |
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(6) a felony of the second degree if the amount of |
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pecuniary loss is $150,000 or more but less than $300,000; or |
Statutes affected:
Introduced: Penal Code 28.03 (Penal Code 28)