Relating to the conduct constituting the offense of graffiti, the creation and criminal prosecution of, and penalties for offenses involving graffiti, and the authority of certain governmental entities to take certain actions designed to prevent or eradicate graffiti.
Impact
The bill imposes stricter penalties for graffiti offenses, classifying them as state jail felonies under certain conditions. Specifically, if graffiti is done on significant public properties, such as schools, places of worship, or historic monuments, and the damage is determined to be below a certain financial threshold, it can still result in serious legal consequences. This elevates the concern regarding vandalism, especially among youths, and aims to prevent repeat offenses through heightened penalties.
Summary
House Bill 4164 seeks to address the offense of graffiti through amendments to current laws. It defines graffiti more comprehensively, detailing the various forms it can take, such as markings made with aerosol paint or other devices, and specifies that committing such acts without the owner's consent constitutes an offense. The bill recognizes that property affected by graffiti can be aggregated to determine the severity of the offense, potentially increasing the charges if multiple items are vandalized in one act.
Contention
A notable point of contention surrounding the bill is its implications on personal property rights and local governance. Should the bill pass, it would empower counties and municipalities to mandate the clearing of graffiti on private properties by the owners or face potential penalties and charges. Critics may argue this infringes on property rights, while supporters claim it protects community aesthetics and promotes proactive maintenance to deter further vandalism. Overall, the bill emphasizes community responsibility in addressing and eradicating graffiti.
Identical
Relating to the conduct constituting the offense of graffiti, the creation and criminal prosecution of, and penalties for offenses involving graffiti, and the authority of certain governmental entities to take certain actions designed to prevent or eradicate graffiti.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the prosecution and punishment of certain criminal offenses involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.
Relating to foreign terrorist organizations, including the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization and of sedition.
Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.
Relating to foreign terrorist organizations, including the acquisition of title to real property by, the compilation of information regarding, certain civil actions brought against, and the prosecution of certain organized crime offenses involving a foreign terrorist organization.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of organized criminal activity involving that conduct.
Relating to creating a criminal offense for interfering with a motor fuel metering device or motor fuel unattended payment terminal and the prosecution of organized criminal activity involving that conduct.
Relating to the conduct constituting the offense of graffiti, the creation and criminal prosecution of, and penalties for offenses involving graffiti, and the authority of certain governmental entities to take certain actions designed to prevent or eradicate graffiti.
Relating to the prevention, investigation, prosecution, and punishment for certain gang-related and other criminal offenses and to the consequences and costs of engaging in certain activities of a criminal street gang or certain other criminal activity; providing penalties.
Relating to the criminal penalties and civil consequences for defendants convicted of an offense of graffiti and for juveniles adjudicated as having engaged in conduct involving graffiti.