| 1 | 1 | | H.B. No. 1614 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the punishment for the offense of criminal mischief. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Section 28.03(b), Penal Code, is amended to read |
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| 8 | 8 | | as follows: |
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| 9 | 9 | | (b) Except as provided by Subsections (f) and (h), an |
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| 10 | 10 | | offense under this section is: |
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| 11 | 11 | | (1) a Class C misdemeanor if: |
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| 12 | 12 | | (A) the amount of pecuniary loss is less than |
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| 13 | 13 | | $50; or |
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| 14 | 14 | | (B) except as provided in Subdivision (3)(A) or |
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| 15 | 15 | | (3)(B), it causes substantial inconvenience to others; |
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| 16 | 16 | | (2) a Class B misdemeanor if the amount of pecuniary |
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| 17 | 17 | | loss is $50 or more but less than $500; |
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| 18 | 18 | | (3) a Class A misdemeanor if: |
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| 19 | 19 | | (A) the amount of pecuniary loss is[: |
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| 20 | 20 | | [(i)] $500 or more but less than $1,500; or |
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| 21 | 21 | | [(ii) less than $1,500 and the actor causes |
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| 22 | 22 | | in whole or in part impairment or interruption of public |
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| 23 | 23 | | communications, public transportation, public gas or power supply, |
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| 24 | 24 | | or other public service, or causes to be diverted in whole, in part, |
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| 25 | 25 | | or in any manner, including installation or removal of any device |
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| 26 | 26 | | for any such purpose, any public communications or public gas or |
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| 27 | 27 | | power supply; or] |
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| 28 | 28 | | (B) the actor causes in whole or in part |
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| 29 | 29 | | impairment or interruption of any public water supply, or causes to |
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| 30 | 30 | | be diverted in whole, in part, or in any manner, including |
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| 31 | 31 | | installation or removal of any device for any such purpose, any |
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| 32 | 32 | | public water supply, regardless of the amount of the pecuniary |
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| 33 | 33 | | loss; |
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| 34 | 34 | | (4) a state jail felony if the amount of pecuniary loss |
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| 35 | 35 | | is: |
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| 36 | 36 | | (A) $1,500 or more but less than $20,000; |
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| 37 | 37 | | (B) less than $1,500, if the property damaged or |
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| 38 | 38 | | destroyed is a habitation and if the damage or destruction is caused |
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| 39 | 39 | | by a firearm or explosive weapon; [or] |
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| 40 | 40 | | (C) less than $1,500, if the property was a fence |
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| 41 | 41 | | used for the production or containment of: |
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| 42 | 42 | | (i) cattle, bison, horses, sheep, swine, |
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| 43 | 43 | | goats, exotic livestock, or exotic poultry; or |
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| 44 | 44 | | (ii) game animals as that term is defined by |
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| 45 | 45 | | Section 63.001, Parks and Wildlife Code; or |
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| 46 | 46 | | (D) less than $20,000 and the actor causes wholly |
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| 47 | 47 | | or partly impairment or interruption of public communications, |
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| 48 | 48 | | public transportation, public gas or power supply, or other public |
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| 49 | 49 | | service, or causes to be diverted wholly, partly, or in any manner, |
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| 50 | 50 | | including installation or removal of any device for any such |
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| 51 | 51 | | purpose, any public communications or public gas or power supply; |
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| 52 | 52 | | (5) a felony of the third degree if the amount of the |
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| 53 | 53 | | pecuniary loss is $20,000 or more but less than $100,000; |
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| 54 | 54 | | (6) a felony of the second degree if the amount of |
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| 55 | 55 | | pecuniary loss is $100,000 or more but less than $200,000; or |
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| 56 | 56 | | (7) a felony of the first degree if the amount of |
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| 57 | 57 | | pecuniary loss is $200,000 or more. |
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| 58 | 58 | | SECTION 2. The change in law made by this Act in amending |
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| 59 | 59 | | Section 28.03(b), Penal Code, applies only to an offense committed |
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| 60 | 60 | | on or after the effective date of this Act. An offense committed |
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| 61 | 61 | | before the effective date of this Act is covered by the law in |
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| 62 | 62 | | effect when the offense was committed, and the former law is |
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| 63 | 63 | | continued in effect for that purpose. For purposes of this section, |
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| 64 | 64 | | an offense is committed before the effective date of this Act if any |
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| 65 | 65 | | element of the offense occurred before that date. |
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| 66 | 66 | | SECTION 3. This Act takes effect September 1, 2009. |
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| 67 | 67 | | ______________________________ ______________________________ |
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| 68 | 68 | | President of the Senate Speaker of the House |
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| 69 | 69 | | I certify that H.B. No. 1614 was passed by the House on May 1, |
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| 70 | 70 | | 2009, by the following vote: Yeas 143, Nays 0, 1 present, not |
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| 71 | 71 | | voting. |
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| 72 | 72 | | ______________________________ |
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| 73 | 73 | | Chief Clerk of the House |
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| 74 | 74 | | I certify that H.B. No. 1614 was passed by the Senate on May |
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| 75 | 75 | | 23, 2009, by the following vote: Yeas 31, Nays 0. |
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| 76 | 76 | | ______________________________ |
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| 77 | 77 | | Secretary of the Senate |
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| 78 | 78 | | APPROVED: _____________________ |
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| 79 | 79 | | Date |
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| 80 | 80 | | _____________________ |
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| 81 | 81 | | Governor |
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