Bill Text: TX HB38 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the criminal penalty for and certain civil consequences of damaging property with graffiti.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-05-03 - Referred to Criminal Justice [HB38 Detail]
Download: Texas-2011-HB38-Introduced.html
Bill Title: Relating to the criminal penalty for and certain civil consequences of damaging property with graffiti.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-05-03 - Referred to Criminal Justice [HB38 Detail]
Download: Texas-2011-HB38-Introduced.html
82R1191 CJC-F | ||
By: Menendez | H.B. No. 38 |
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relating to the punishment for the offense of graffiti. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 28.08, Penal Code, is amended by | ||
amending Subsections (b), (c), and (d) and adding Subsection (b-1) | ||
to read as follows: | ||
(b) Except as provided by Subsection (c) [ |
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under this section is[ |
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offense is a state jail felony if the marking is made on a school, an | ||
institution of higher education, a place of worship or human | ||
burial, a public monument, a government building, or a community | ||
center that provides medical, social, or educational programs [ |
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(b-1) The minimum term of confinement for an offense under | ||
this section is 72 hours. | ||
(c) An offense under this section is increased to the next | ||
higher category of offense if it is shown on the trial of the | ||
offense that the defendant has been previously convicted of an | ||
offense under this section. [ |
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(d) For the purposes of Subsection (c) [ |
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(1) a defendant has been previously convicted of an | ||
offense under this section if the defendant was adjudged guilty of | ||
the offense or entered a plea of guilty or nolo contendere in return | ||
for a grant of deferred adjudication, regardless of whether the | ||
sentence for the offense was ever imposed or whether the sentence | ||
was probated and the defendant was subsequently discharged from | ||
community supervision [ |
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(2) a conviction under the laws of another state for an | ||
offense containing elements that are substantially similar to the | ||
elements of an offense under this section is a conviction of an | ||
offense under this section [ |
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SECTION 2. Section 125.061(3), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(3) "Gang activity" means the following types of | ||
conduct: | ||
(A) organized criminal activity as described by | ||
Section 71.02, Penal Code; | ||
(B) terroristic threat as described by Section | ||
22.07, Penal Code; | ||
(C) coercing, soliciting, or inducing gang | ||
membership as described by Section 71.022 [ |
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(D) criminal trespass as described by Section | ||
30.05, Penal Code; | ||
(E) disorderly conduct as described by Section | ||
42.01, Penal Code; | ||
(F) criminal mischief as described by Section | ||
28.03, Penal Code, that causes a pecuniary loss of $500 or more; | ||
(G) a graffiti offense in violation of Section | ||
28.08, Penal Code, that: | ||
(i) causes a pecuniary loss of $500 or more; | ||
or | ||
(ii) occurs at a school, an institution of | ||
higher education, a place of worship or human cemetery, a public | ||
monument, a government building, or a community center that | ||
provides medical, social, or educational programs; | ||
(H) a weapons offense in violation of Chapter 46, | ||
Penal Code; or | ||
(I) unlawful possession of a substance or other | ||
item in violation of Chapter 481, Health and Safety Code. | ||
SECTION 3. Section 521.320, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 521.320. SUSPENSION FOR CONVICTION OR ADJUDICATION | ||
INVOLVING GRAFFITI [ |
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(a) A court shall [ |
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driver's license on conviction of an offense under Section 28.08, | ||
Penal Code. A juvenile court shall order the department to suspend | ||
a person's provisional license or driver's license if the person has | ||
been adjudicated to have engaged in delinquent conduct that | ||
violates Section 28.08, Penal Code. | ||
(b) A court shall [ |
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application for reinstatement or issuance of a driver's license to | ||
a person convicted of an offense under Section 28.08, Penal Code, | ||
who, on the date of the conviction, did not hold a driver's license. | ||
A juvenile court shall order the department to deny an application | ||
for reinstatement or issuance of a provisional license or driver's | ||
license to a person who has been adjudicated to have engaged in | ||
delinquent conduct that violates Section 28.08, Penal Code, and | ||
who, on the date of the adjudication, did not hold a provisional | ||
license or driver's license. | ||
(c) The period of suspension under this section is two years | ||
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the disposition is made, as applicable. The period of license | ||
denial is two years [ |
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the department for reinstatement or issuance of a provisional | ||
license or driver's license. | ||
(d) The department may not reinstate a provisional license | ||
or driver's license suspended under Subsection (a) unless the | ||
person whose license was suspended applies to the department for | ||
reinstatement. | ||
(e) A person whose license is suspended under Subsection (a) | ||
remains eligible to receive an occupational license under | ||
Subchapter L or a hardship license under Section 521.223. | ||
(f) For the purposes of this section, a person is convicted | ||
of an offense regardless of whether the sentence is imposed or the | ||
person is placed on community supervision for the offense under | ||
Article 42.12, Code of Criminal Procedure. | ||
SECTION 4. The changes in law made by this Act in amending | ||
Section 28.08, Penal Code, and Section 521.320, Transportation | ||
Code, apply 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 when 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 5. The change in law made by this Act in amending | ||
Section 125.061, Civil Practice and Remedies Code, applies only to | ||
a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrued before the effective date | ||
of this Act is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 6. This Act takes effect September 1, 2011. |