HBA-AMW H.B. 171 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 171
By: Lewis, Glenn
Criminal Jurisprudence
7/20/2001
Enrolled



BACKGROUND AND PURPOSE 

Burning a place of worship is a first-degree felony, and it is a state jail
felony if the damages to a place of worship or human burial, public
monument, or community center that provides medical, social, or educational
programs are under $20,000.  Under previous state law, it was not a crime
to intentionally set a fire that did not continue after explosion or
ignition and caused no damage.  House Bill 171 expands the scope of certain
arson offenses and amends the criteria used to establish the amount of
pecuniary loss for property that is destroyed by a fire or explosion. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 171 amends the Penal Code to add to the offense of arson that
such an act is an offense, regardless of whether the fire continues after
ignition.  The bill adds damaging or destroying habitations and places of
assembly to the types of arson offenses punishable as a felony in the first
degree and removes the knowledge requirement from the offense of damaging
or destroying a habitation or a place of assembly or worship.    

H.B. 171 provides that the offense of criminal mischief is a state jail
felony if the amount of the pecuniary loss to real property or to tangible
personal property is $1,500 or more but less than $20,000 and the damage or
destruction is inflicted on a public or private elementary school,
secondary school, or institution of higher education. 

EFFECTIVE DATE

September 1, 2001.