Bill Text: TX HB38 | 2011-2012 | 82nd Legislature | Engrossed
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-Engrossed.html
By: Menendez | H.B. No. 38 |
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relating to the criminal penalty for and certain civil consequences | ||
of damaging property with graffiti. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 28.08(b), (c), and (d), Penal Code, are | ||
amended 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 city hall, a courthouse, or a historic | ||
structure, or on a community center that provides medical, social, | ||
or educational programs [ |
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(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 28.08(e), Penal Code, is amended by | ||
adding Subdivision (2-a) to read as follows: | ||
(2-a) "Historic structure" means a structure that: | ||
(A) is publicly owned and included on the | ||
National Register of Historic Places; | ||
(B) is designated as a Recorded Texas Historic | ||
Landmark; or | ||
(C) is designated as a State Archeological | ||
Landmark. | ||
SECTION 3. 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 city hall, a courthouse, or a historic structure, or at | ||
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 4. Article 42.12, Code of Criminal Procedure, is | ||
amended by adding Section 13G to read as follows: | ||
Sec. 13G. GRAFFITI COMMUNITY SUPERVISION. A judge granting | ||
community supervision to a defendant convicted of an offense under | ||
Section 20.08, Penal Code, shall require as a condition of | ||
community supervision that the defendant submit to not less than 72 | ||
hours of confinement in county jail. | ||
SECTION 5. Section 54.0481, Family Code, is amended by | ||
amending Subsection (a) and adding Subsections (a-1) and (a-2) to | ||
read as follows: | ||
(a) Except as provided by Subsection (a-1), a [ |
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court, in a disposition hearing under Section 54.04 regarding a | ||
child who has been adjudicated to have engaged in delinquent | ||
conduct that violates Section 28.08, Penal Code: | ||
(1) may order the child or a parent or other person | ||
responsible for the child's support to make restitution 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 child made; and | ||
(2) if the child made markings on public property, a | ||
street sign, or an official traffic-control device in violation of | ||
Section 28.08, Penal Code, may order the child or a parent or other | ||
person responsible for the child's support to: | ||
(A) make to the political subdivision that owns | ||
the public property or erected the street sign or official | ||
traffic-control device restitution in an amount equal to the lesser | ||
of the cost to the political subdivision of replacing or restoring | ||
the public property, street sign, or official traffic-control | ||
device; or | ||
(B) with the consent of the political | ||
subdivision, restore the public property, street sign, or official | ||
traffic-control device by removing or painting over any markings | ||
made by the child on the property, sign, or device. | ||
(a-1) A juvenile court, in a disposition hearing described | ||
by Subsection (a) involving a child who has previously been | ||
adjudicated for having engaged in delinquent conduct that violates | ||
Section 28.08, Penal Code, in addition to any other disposition | ||
ordered, if the child made markings on a historic structure or other | ||
property described in Section 28.08(a), Penal Code, or private | ||
property, shall order the child and the parent or other person | ||
responsible for the child's support to make restitution by | ||
personally restoring the property by removing or painting over any | ||
markings the child made, with the consent of the owner of the | ||
property. | ||
(a-2) A juvenile court may not require that a child or a | ||
child's parent or other person responsible for the child's support | ||
personally restore the property under this section if: | ||
(1) the child, parent, or other person is physically | ||
or mentally incapable of participating in the restoration; or | ||
(2) the restoration is inherently dangerous or would | ||
otherwise endanger the health or safety of the child, parent, or | ||
other person. | ||
SECTION 6. 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 7. 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, or conduct violating a | ||
penal law that occurs, on or after the effective date of this Act. | ||
An offense committed, or conduct violating a penal law that occurs, | ||
before the effective date of this Act is governed by the law in | ||
effect when the offense was committed or the conduct occurred, and | ||
the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed, or conduct | ||
violating a penal law occurred, before the effective date of this | ||
Act if any element of the offense or violation occurred before that | ||
date. | ||
SECTION 8. 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 9. The change in law made by this Act to Section | ||
54.0481, Family Code, applies only to conduct violating a penal law | ||
that occurs on or after the effective date of this Act. Conduct | ||
violating a penal law that occurs before the effective date of this | ||
Act is governed by the law in effect on the date the conduct | ||
occurred, and the former law is continued in effect for that | ||
purpose. For purposes of this section, conduct violating a penal | ||
law occurred before the effective date of this Act if any element of | ||
the violation occurred before that date. | ||
SECTION 10. This Act takes effect September 1, 2011. |