Monument damage felony reaches portraits, seals and street names

The text as introduced · 308 words

89R11435 JRR-D

By: Shaheen
H.B. No. 4133

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.