H.B. No. 1614
AN ACT
relating to the punishment for the offense of criminal mischief.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.03(b), Penal Code, is amended to read
as follows:
(b) Except as provided by Subsections (f) and (h), an
offense under this section is:
(1) a Class C misdemeanor if:
(A) the amount of pecuniary loss is less than
$50; 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 $50 or more but less than $500;
(3) a Class A misdemeanor if:
(A) the amount of pecuniary loss is[:
[(i)] $500 or more but less than $1,500; or
[(ii) less than $1,500 and the actor causes
in whole or in part impairment or interruption of public
communications, public transportation, public gas or power supply,
or other public service, 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 communications or public gas or
power supply; 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) $1,500 or more but less than $20,000;
(B) less than $1,500, if the property damaged or
destroyed is a habitation and if the damage or destruction is caused
by a firearm or explosive weapon; [or]
(C) less than $1,500, 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; or
(D) less than $20,000 and the actor causes wholly
or partly impairment or interruption of public communications,
public transportation, public gas or power supply, or other public
service, or 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 or power supply;
(5) a felony of the third degree if the amount of the
pecuniary loss is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the amount of
pecuniary loss is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the amount of
pecuniary loss is $200,000 or more.
SECTION 2. The change in law made by this Act in amending
Section 28.03(b), Penal Code, applies only to an offense committed
on or after the effective date of this Act. An offense committed
before the effective date of this Act is covered by the law in
effect when the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense is committed before the effective date of this Act if any
element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1614 was passed by the House on May 1,
2009, by the following vote: Yeas 143, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1614 was passed by the Senate on May
23, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor