Bill Summary – FastDemocracy

   
      88(4) SB 46 - Introduced version - Bill Text
      
            88S40293 SHH-D
         
		By:  Hall
            S.B.  No.  46
         
      Statutes affected: 
Introduced: Penal Code 28.03 (Penal Code 28)

               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to increasing the criminal penalty for the offense of 
         
            criminal mischief involving tampering with a state-owned barrier or 
         
            part of a barrier used to prevent travel across the international 
         
            border of this state.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    Section 28.03, Penal Code, is amended by 
         
            amending Subsection (b) and adding Subsection (l) to read as 
         
            follows:
         
                          (b)    Except as provided by Subsections (f), [and] (h), and 
         
            (l), 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;
         
                                                  (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 
         
            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 
         
            supply; or
         
                                                  (E)    less than $30,000, if the property is a motor 
         
            vehicle that is damaged, destroyed, or tampered with during the 
         
            removal or attempted removal of a catalytic converter from the 
         
            motor vehicle;
         
                                      (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;
         
                                                  (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;
         
                                                  (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; or
         
                                                  (D)    the amount of pecuniary loss is less than 
         
            $150,000 and the actor:
         
                                                              (i)    causes wholly or partly impairment or



	A BILL TO BE ENTITLED
	AN ACT
	relating to increasing the criminal penalty for the offense of
	criminal mischief involving tampering with a state-owned barrier or
	part of a barrier used to prevent travel across the international
	border of this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 28.03, Penal Code, is amended by
	amending Subsection (b) and adding Subsection (l) to read as
	follows:
	(b) Except as provided by Subsections (f), [~~and~~] (h), and
	(l), 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;
	(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
	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
	supply; or
	(E) less than $30,000, if the property is a motor
	vehicle that is damaged, destroyed, or tampered with during the
	removal or attempted removal of a catalytic converter from the
	motor vehicle;
	(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;
	(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;
	(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; or
	(D) the amount of pecuniary loss is less than
	$150,000 and the actor:
	(i) causes wholly or partly impairment or