Relating to the offense of criminal mischief involving the damage or destruction of a monument or memorial.
Impact
The adjustments proposed in HB 4133 broaden the definition of 'monument or memorial' to include various forms of recognition, such as statues, plaques, and other significant designations that commemorate historical events or figures. By elevating the severity of penalties for those committing acts of vandalism or destruction against these structures, the bill seeks to provide greater protection for cultural and historical symbols within the state. This could deter potential offenses and ensure that communities preserve their historical integrity.
Summary
House Bill 4133 aims to amend the Penal Code regarding the offense of criminal mischief specifically targeting the damage or destruction of monuments or memorials. The bill declares that the act of harming such structures can result in a state jail felony if the pecuniary loss is between $750 and $30,000. This legislation not only seeks to impose stricter penalties for offenses against monuments but also adds moral turpitude as a classification for such crimes, which may affect the offender's legal standing and future prospects.
Contention
Discussions surrounding HB 4133 may center on the implications of categorizing crimes involving monuments as offenses involving moral turpitude. Critics could express concerns that this classification may lead to excessive legal ramifications for individuals charged with such crimes, particularly in instances where intent or circumstances surrounding the damage may not warrant a severe penalization. Additionally, opponents could argue that while protecting monuments is essential, it is also vital to balance these protective measures against the right to free expression and protest, especially in a context where certain monuments may be controversial.
Texas Constitutional Statutes Affected
Penal Code
Chapter 28. Arson, Criminal Mischief, And Other Property Damage Or Destruction
Relating to increasing the criminal penalty for the offense of criminal mischief involving the damage or destruction of a public monument or a place of worship.
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.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.
Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.