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.