| 1 | 1 | | 89R11435 JRR-D |
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| 2 | 2 | | By: Shaheen H.B. No. 4133 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the offense of criminal mischief involving the damage |
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| 10 | 10 | | or destruction of a monument or memorial. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 28.03, Penal Code, is amended by |
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| 13 | 13 | | amending Subsection (f) and adding Subsection (l) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (f) An offense under this section is a state jail felony if: |
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| 16 | 16 | | (1) the damage or destruction is inflicted on a place |
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| 17 | 17 | | of worship or human burial, a [public] monument or memorial, or a |
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| 18 | 18 | | community center that provides medical, social, or educational |
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| 19 | 19 | | programs; and |
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| 20 | 20 | | (2) the amount of the pecuniary loss to real property |
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| 21 | 21 | | or to tangible personal property is $750 or more but less than |
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| 22 | 22 | | $30,000. |
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| 23 | 23 | | (l) An offense under this section involving the damage or |
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| 24 | 24 | | destruction of a monument or memorial is an offense involving moral |
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| 25 | 25 | | turpitude. |
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| 26 | 26 | | SECTION 2. Section 28.03(g), Penal Code, is amended by |
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| 27 | 27 | | adding Subdivision (10) to read as follows: |
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| 28 | 28 | | (10) "Monument or memorial" means a permanent |
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| 29 | 29 | | monument, memorial, or other designation, including a statue, |
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| 30 | 30 | | portrait, plaque, seal, symbol, cenotaph, or name of a building, |
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| 31 | 31 | | bridge, street or highway, park, or area, that honors an event or |
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| 32 | 32 | | person of historical significance. |
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| 33 | 33 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 34 | | to an offense committed on or after the effective date of this Act. |
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| 35 | 35 | | An offense committed before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the offense was committed, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. For |
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| 38 | 38 | | purposes of this section, an offense was committed before the |
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| 39 | 39 | | effective date of this Act if any element of the offense occurred |
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| 40 | 40 | | before that date. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2025. |
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