Bill Text: TX HB3494 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-05-03 - Committee report sent to Calendars [HB3494 Detail]
Download: Texas-2013-HB3494-Comm_Sub.html
83R21443 MEW-D | |||
By: Moody, Rodriguez of Bexar | H.B. No. 3494 | ||
Substitute the following for H.B. No. 3494: | |||
By: Herrero | C.S.H.B. No. 3494 |
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relating to the punishment for the offense of graffiti and the | ||
creation of a graffiti pretrial diversion program; authorizing a | ||
fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 28.08(b) and (d), Penal Code, are | ||
amended to read as follows: | ||
(b) Except as provided by Subsection (d), an offense under | ||
this section is: | ||
(1) a Class C misdemeanor if the amount of pecuniary | ||
loss is less than $50; | ||
(2) a Class B misdemeanor if the amount of pecuniary | ||
loss is $50 or more but less than $500; | ||
(3) [ |
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pecuniary loss is $500 or more but less than $1,500; | ||
(4) [ |
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pecuniary loss is $1,500 or more but less than $20,000; | ||
(5) [ |
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pecuniary loss is $20,000 or more but less than $100,000; | ||
(6) [ |
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of pecuniary loss is $100,000 or more but less than $200,000; or | ||
(7) [ |
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pecuniary loss is $200,000 or more. | ||
(d) An offense under this section is a state jail felony if: | ||
(1) the marking is made on a school, an institution of | ||
higher education, a place of worship or human burial, a public | ||
monument, 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 $500 or more but less than | ||
$20,000. | ||
SECTION 2. Article 14.06(d), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(d) Subsection (c) applies only to a person charged with | ||
committing an offense under: | ||
(1) Section 481.121, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(1) or (2) of that | ||
section; | ||
(1-a) Section 481.1161, Health and Safety Code, if the | ||
offense is punishable under Subsection (b)(1) or (2) of that | ||
section; | ||
(2) Section 28.03, Penal Code, if the offense is | ||
punishable under Subsection (b)(2) of that section; | ||
(3) Section 28.08, Penal Code, if the offense is | ||
punishable under Subsection (b)(2) or (3) [ |
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(4) Section 31.03, Penal Code, if the offense is | ||
punishable under Subsection (e)(2)(A) of that section; | ||
(5) Section 31.04, Penal Code, if the offense is | ||
punishable under Subsection (e)(2) of that section; | ||
(6) Section 38.114, Penal Code, if the offense is | ||
punishable as a Class B misdemeanor; or | ||
(7) Section 521.457, Transportation Code. | ||
SECTION 3. Chapter 32, Code of Criminal Procedure, is | ||
amended by adding Article 32.03 to read as follows: | ||
Art. 32.03. DISMISSAL OF CERTAIN GRAFFITI CHARGES ON | ||
COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before | ||
trial commences, on the joint motion of a defendant charged with an | ||
offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal | ||
Code, and the attorney representing the state, a court may defer | ||
proceedings pending the defendant's completion of a pretrial | ||
diversion program in which the defendant must: | ||
(1) perform community service that: | ||
(A) must, to the extent possible, include | ||
graffiti removal; and | ||
(B) may include outreach education focused on | ||
graffiti prevention and eradication, youth mentoring in art-based | ||
programs, mural painting, or another form of community service; and | ||
(2) make restitution to the owner of the property on | ||
which the defendant made markings, by: | ||
(A) reimbursing the owner of the property for the | ||
cost of restoring the property; or | ||
(B) with the consent of the owner of the | ||
property, personally restoring the property by removing or painting | ||
over any markings the defendant made. | ||
(b) The community service described by Subsection (a)(1) | ||
must consist of: | ||
(1) at least 25 hours and not more than 100 hours if | ||
the offense is punishable under Section 28.08(b)(1), Penal Code; | ||
(2) at least 50 hours and not more than 200 hours if | ||
the offense is punishable under Section 28.08(b)(2), Penal Code; | ||
(3) at least 75 hours and not more than 300 hours if | ||
the offense is punishable under Section 28.08(b)(3), Penal Code; | ||
and | ||
(4) at least 100 hours and not more than 400 hours if | ||
the offense is punishable under Section 28.08(b)(4) or (d), Penal | ||
Code. | ||
(c) A court that defers proceedings under Subsection (a) | ||
shall set a reasonable date by which the defendant must complete the | ||
program described in that subsection, which may be extended in the | ||
court's discretion not later than one year after the date the | ||
proceedings were deferred. | ||
(d) A court shall dismiss the case if satisfactory evidence | ||
is presented that the defendant successfully completed a program | ||
under Subsection (a) by the date specified under Subsection (c). | ||
SECTION 4. Subchapter A, Chapter 102, Code of Criminal | ||
Procedure, is amended by adding Article 102.01215 to read as | ||
follows: | ||
Art. 102.01215. FEES FOR CERTAIN EXPENSES RELATED TO | ||
GRAFFITI PRETRIAL DIVERSION PROGRAM. (a) A district attorney, | ||
criminal district attorney, or county attorney may collect from any | ||
defendant referred to a graffiti pretrial diversion program under | ||
Article 32.03 fees in the following amounts: | ||
(1) an amount not to exceed $500 to be used to | ||
reimburse a county for expenses, including expenses of the district | ||
attorney's, criminal district attorney's, or county attorney's | ||
office, related to the defendant's participation in a graffiti | ||
pretrial diversion program offered in that county; and | ||
(2) the amount of $50 to be used for the prevention of | ||
juvenile delinquency and for graffiti eradication. | ||
(b) Fees collected under Subsection (a)(1) shall be | ||
deposited in the county treasury to the credit of a special fund to | ||
be used solely to administer the graffiti pretrial diversion | ||
program. | ||
(c) Fees collected under Subsection (a)(2) shall be | ||
deposited in the county treasury to the credit of the county | ||
juvenile delinquency prevention fund under Article 102.0171. | ||
SECTION 5. Section 103.021, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL | ||
CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a | ||
party to a civil suit, as applicable, shall pay the following fees | ||
and costs under the Code of Criminal Procedure if ordered by the | ||
court or otherwise required: | ||
(1) a personal bond fee (Art. 17.42, Code of Criminal | ||
Procedure) . . . the greater of $20 or three percent of the amount | ||
of the bail fixed for the accused; | ||
(2) cost of electronic monitoring as a condition of | ||
release on personal bond (Art. 17.43, Code of Criminal Procedure) | ||
. . . actual cost; | ||
(3) a fee for verification of and monitoring of motor | ||
vehicle ignition interlock (Art. 17.441, Code of Criminal | ||
Procedure) . . . not to exceed $10; | ||
(3-a) costs associated with operating a global | ||
positioning monitoring system as a condition of release on bond | ||
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, | ||
subject to a determination of indigency; | ||
(3-b) costs associated with providing a defendant's | ||
victim with an electronic receptor device as a condition of the | ||
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal | ||
Procedure) . . . actual costs, subject to a determination of | ||
indigency; | ||
(4) repayment of reward paid by a crime stoppers | ||
organization on conviction of a felony (Art. 37.073, Code of | ||
Criminal Procedure) . . . amount ordered; | ||
(5) reimbursement to general revenue fund for payments | ||
made to victim of an offense as condition of community supervision | ||
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for | ||
a misdemeanor offense or $100 for a felony offense; | ||
(6) payment to a crime stoppers organization as | ||
condition of community supervision (Art. 42.12, Code of Criminal | ||
Procedure) . . . not to exceed $50; | ||
(7) children's advocacy center fee (Art. 42.12, Code | ||
of Criminal Procedure) . . . not to exceed $50; | ||
(8) family violence center fee (Art. 42.12, Code of | ||
Criminal Procedure) . . . $100; | ||
(9) community supervision fee (Art. 42.12, Code of | ||
Criminal Procedure) . . . not less than $25 or more than $60 per | ||
month; | ||
(10) additional community supervision fee for certain | ||
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per | ||
month; | ||
(11) for certain financially able sex offenders as a | ||
condition of community supervision, the costs of treatment, | ||
specialized supervision, or rehabilitation (Art. 42.12, Code of | ||
Criminal Procedure) . . . all or part of the reasonable and | ||
necessary costs of the treatment, supervision, or rehabilitation as | ||
determined by the judge; | ||
(12) fee for failure to appear for trial in a justice | ||
or municipal court if a jury trial is not waived (Art. 45.026, Code | ||
of Criminal Procedure) . . . costs incurred for impaneling the | ||
jury; | ||
(13) costs of certain testing, assessments, or | ||
programs during a deferral period (Art. 45.051, Code of Criminal | ||
Procedure) . . . amount ordered; | ||
(14) special expense on dismissal of certain | ||
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) | ||
. . . not to exceed amount of fine assessed; | ||
(15) an additional fee: | ||
(A) for a copy of the defendant's driving record | ||
to be requested from the Department of Public Safety by the judge | ||
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal | ||
to the sum of the fee established by Section 521.048, | ||
Transportation Code, and the state electronic Internet portal fee; | ||
(B) as an administrative fee for requesting a | ||
driving safety course or a course under the motorcycle operator | ||
training and safety program for certain traffic offenses to cover | ||
the cost of administering the article (Art. 45.0511(f)(1), Code of | ||
Criminal Procedure) . . . not to exceed $10; or | ||
(C) for requesting a driving safety course or a | ||
course under the motorcycle operator training and safety program | ||
before the final disposition of the case (Art. 45.0511(f)(2), Code | ||
of Criminal Procedure) . . . not to exceed the maximum amount of the | ||
fine for the offense committed by the defendant; | ||
(16) a request fee for teen court program (Art. | ||
45.052, Code of Criminal Procedure) . . . $20, if the court | ||
ordering the fee is located in the Texas-Louisiana border region, | ||
but otherwise not to exceed $10; | ||
(17) a fee to cover costs of required duties of teen | ||
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the | ||
court ordering the fee is located in the Texas-Louisiana border | ||
region, but otherwise $10; | ||
(18) a mileage fee for officer performing certain | ||
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per | ||
mile; | ||
(19) certified mailing of notice of hearing date (Art. | ||
102.006, Code of Criminal Procedure) . . . $1, plus postage; | ||
(20) certified mailing of certified copies of an order | ||
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, | ||
plus postage; | ||
(20-a) a fee to defray the cost of notifying state | ||
agencies of orders of expungement (Art. 45.0216, Code of Criminal | ||
Procedure) . . . $30 per application; | ||
(20-b) a fee to defray the cost of notifying state | ||
agencies of orders of expunction (Art. 45.055, Code of Criminal | ||
Procedure) . . . $30 per application; | ||
(21) sight orders: | ||
(A) if the face amount of the check or sight order | ||
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) | ||
. . . not to exceed $10; | ||
(B) if the face amount of the check or sight order | ||
is greater than $10 but does not exceed $100 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $15; | ||
(C) if the face amount of the check or sight order | ||
is greater than $100 but does not exceed $300 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $30; | ||
(D) if the face amount of the check or sight order | ||
is greater than $300 but does not exceed $500 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $50; and | ||
(E) if the face amount of the check or sight order | ||
is greater than $500 (Art. 102.007, Code of Criminal Procedure) | ||
. . . not to exceed $75; | ||
(22) fees for [ |
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programs [ |
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(A) a supervision fee (Art. 102.012(a), Code of | ||
Criminal Procedure) . . . $60 a month plus expenses; [ |
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(B) a district attorney, criminal district | ||
attorney, or county attorney administrative fee (Art. 102.0121, | ||
Code of Criminal Procedure) . . . not to exceed $500; | ||
(C) a district attorney, criminal district | ||
attorney, or county attorney administrative fee (Art. | ||
102.01215(a)(1), Code of Criminal Procedure) . . . not to exceed | ||
$500; and | ||
(D) a fee payable to the county juvenile | ||
delinquency prevention fund (Art. 102.01215(a)(2), Code of | ||
Criminal Procedure) . . . $50; | ||
(23) parking fee violations for child safety fund in | ||
municipalities with populations: | ||
(A) greater than 850,000 (Art. 102.014, Code of | ||
Criminal Procedure) . . . not less than $2 and not to exceed $5; and | ||
(B) less than 850,000 (Art. 102.014, Code of | ||
Criminal Procedure) . . . not to exceed $5; | ||
(24) an administrative fee for collection of fines, | ||
fees, restitution, or other costs (Art. 102.072, Code of Criminal | ||
Procedure) . . . not to exceed $2 for each transaction; and | ||
(25) a collection fee, if authorized by the | ||
commissioners court of a county or the governing body of a | ||
municipality, for certain debts and accounts receivable, including | ||
unpaid fines, fees, court costs, forfeited bonds, and restitution | ||
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 | ||
percent of an amount more than 60 days past due. | ||
SECTION 6. 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 7. This Act takes effect September 1, 2013. |