HB 4133 Introduced

Relating to the offense of criminal mischief involving the damage or destruction of a monument or memorial. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to the offense of criminal mischief involving the damage

 

or destruction of a monument or memorial.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  Section 28.03, Penal Code, is amended by

 

amending Subsection (f) and adding Subsection (l) to read as

 

follows:

 

       (f)  An offense under this section is a state jail felony if:

 

             (1)  the damage or destruction is inflicted on a place

 

of worship or human burial, a [public ] monument or memorial, or a

 

community center that provides medical, social, or educational

 

programs; and

 

             (2)  the amount of the pecuniary loss to real property

 

or to tangible personal property is $750 or more but less than

 

$30,000.

 

       (l)  An offense under this section involving the damage or

 

destruction of a monument or memorial is an offense involving moral

 

turpitude.

 

       SECTION 2.  Section 28.03(g), Penal Code, is amended by

 

adding Subdivision (10) to read as follows:

 

             (10)  “Monument or memorial” means a permanent

 

monument, memorial, or other designation, including a statue,

 

portrait, plaque, seal, symbol, cenotaph, or name of a building,

 

bridge, street or highway, park, or area, that honors an event or

 

person of historical significance.

 

       SECTION 3.  The change in law made by this Act 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

 

governed by the law in effect on the date the offense was committed,

 

and the former law is continued in effect for that purpose. For

 

purposes of this section, an offense was committed before the

 

effective date of this Act if any element of the offense occurred

 

before that date.

 

       SECTION 4.  This Act takes effect September 1, 2025. 

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