Texas 2021 - 87th Regular

Texas House Bill HB3323 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7258 MCF-D
2	2	By: Murr H.B. No. 3323
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the criminal penalty for the offense of
8	8	criminal mischief involving impairment or interruption of access to
9	9	an automated teller machine.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 28.03(b), Penal Code, is amended to read
12	12	as follows:
13	13	(b) Except as provided by Subsections (f) and (h), an
14	14	offense under this section is:
15	15	(1) a Class C misdemeanor if:
16	16	(A) the amount of pecuniary loss is less than
17	17	$100; or
18	18	(B) except as provided in Subdivision (3)(A) or
19	19	(3)(B), it causes substantial inconvenience to others;
20	20	(2) a Class B misdemeanor if the amount of pecuniary
21	21	loss is $100 or more but less than $750;
22	22	(3) a Class A misdemeanor if:
23	23	(A) the amount of pecuniary loss is $750 or more
24	24	but less than $2,500; or
25	25	(B) the actor causes in whole or in part
26	26	impairment or interruption of any public water supply, or causes to
27	27	be diverted in whole, in part, or in any manner, including
28	28	installation or removal of any device for any such purpose, any
29	29	public water supply, regardless of the amount of the pecuniary
30	30	loss;
31	31	(4) a state jail felony if the amount of pecuniary loss
32	32	is:
33	33	(A) $2,500 or more but less than $30,000;
34	34	(B) less than $2,500, if the property damaged or
35	35	destroyed is a habitation and if the damage or destruction is caused
36	36	by a firearm or explosive weapon;
37	37	(C) less than $2,500, if the property was a fence
38	38	used for the production or containment of:
39	39	(i) cattle, bison, horses, sheep, swine,
40	40	goats, exotic livestock, or exotic poultry; or
41	41	(ii) game animals as that term is defined by
42	42	Section 63.001, Parks and Wildlife Code; or
43	43	(D) less than $30,000 and the actor:
44	44	(i) causes wholly or partly impairment or
45	45	interruption of property used for flood control purposes or a dam or
46	46	of public communications, public transportation, public gas or
47	47	power supply, or other public service; or
48	48	(ii) causes to be diverted wholly, partly,
49	49	or in any manner, including installation or removal of any device
50	50	for any such purpose, any public communications or public gas or
51	51	power supply;
52	52	(5) a felony of the third degree if:
53	53	(A) the amount of the pecuniary loss is $30,000
54	54	or more but less than $150,000; [or]
55	55	(B) the actor, by discharging a firearm or other
56	56	weapon or by any other means, causes the death of one or more head of
57	57	cattle or bison or one or more horses; or
58	58	(C) the actor causes wholly or partly impairment
59	59	or interruption of access to an automated teller machine,
60	60	regardless of the amount of the pecuniary loss;
61	61	(6) a felony of the second degree if the amount of
62	62	pecuniary loss is $150,000 or more but less than $300,000; or
63	63	(7) a felony of the first degree if the amount of
64	64	pecuniary loss is $300,000 or more.
65	65	SECTION 2. Section 28.03(g), Penal Code, is amended by
66	66	adding Subdivision (9) to read as follows:
67	67	(9) "Automated teller machine" has the meaning
68	68	assigned by Section 31.03.
69	69	SECTION 3. The change in law made by this Act applies only
70	70	to an offense committed on or after the effective date of this Act.
71	71	An offense committed before the effective date of this Act is
72	72	governed by the law in effect when the offense was committed, and
73	73	the former law is continued in effect for that purpose. For
74	74	purposes of this section, an offense was committed before the
75	75	effective date of this Act if any element of the offense occurred
76	76	before that date.
77	77	SECTION 4. This Act takes effect September 1, 2021.