Vetoed April 11, 2023 · 56th Legislature, 1st Regular Session
HB2212
criminal damage; trespassing; critical facilities
BLAME HOBBS!
THE CONTEXT: A person can commit aggravated criminal damage by intentionally or recklessly defacing, damaging or tampering with any utility infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals. This offense is classified as follows: 1) A class 3 felony if the person causes $10,000 or more in damages to the property; 2) A class 4 felony if the person causes $1,500 or more but less than $10,000 in damages to the property; and 3) A class 5 felony in all other cases.
WHAT THE BILL DID: of obtaining nonferrous metals. This offense is classified as follows: 1) A class 3 felony if the person causes $10,000 or more in damages to the property; 2) A class 4 felony if the person causes $1,500 or more but less than $10,000 in damages to the property; and 3) A class 5 felony in all other cases.
WHY IT MATTERED: The practical reason for this bill was to make the public-safety rule for criminal damage clearer and more usable. It would imposes criminal liability for aggravated criminal damage if a person interferes with or prevents the performance of a normal function of utility infrastructure or property or the intended course or path of any utility service and classifies the offense as follows: a) A class 3 felony if the person causes $10,000 or more in damages to the property; b) A class 4 felony if the person causes $1,500 or more but less than $10,000 in damages to the property; and c) A class 5 felony in all other cases, and would also includes the cost of the loss of the utility service among other variables that must be considered in determining the amount of damage to property for purposes of aggravated criminal damage, rather than leave the current rule unchanged.
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