Texas 2009 - 81st Regular

Texas House Bill HB1558 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5745 GCB-D
2	2	By: Martinez Fischer H.B. No. 1558
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain criminal penalties and civil consequences for
8	8	defendants convicted of an offense of graffiti and for juveniles
9	9	adjudicated as having engaged in conduct involving graffiti.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42.037(s), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(s)(1) A court shall order [If a court orders] a defendant
14	14	convicted of an offense under Section 28.08, Penal Code, to make
15	15	restitution by:
16	16	(A) reimbursing the owner of the property for the
17	17	cost of restoring the property; or
18	18	(B) with the consent of the owner of the
19	19	property, [to the victim of the offense, the court may order the
20	20	defendant to make restitution as provided by Subsection (b)(1)(B)
21	21	or by] personally restoring the property by removing or painting
22	22	over any markings the defendant made.
23	23	(2) A court shall order a defendant convicted of an
24	24	offense under Section 28.08, Penal Code, to make restitution to a
25	25	political subdivision that owns public property or erects a street
26	26	sign or official traffic-control device on which the defendant
27	27	makes markings in violation of Section 28.08, Penal Code, by:
28	28	(A) paying an [. The] amount [of the restitution
29	29	ordered must be] equal to the lesser of [the amount of restitution
30	30	authorized by Subsection (b)(1)(B) or] the cost to the political
31	31	subdivision of replacing or restoring the public property, street
32	32	sign, or official traffic-control device; or
33	33	(B) with the consent of the political
34	34	subdivision, restoring the public property, street sign, or
35	35	official traffic-control device by removing or painting over any
36	36	markings made by the defendant on the property, sign, or device.
37	37	(3) If the court orders a defendant to make
38	38	restitution under this subsection [subdivision] and the defendant
39	39	is financially unable to make the restitution, the court may order
40	40	the defendant to perform a specific number of hours of community
41	41	service[, including service restoring the property by removing or
42	42	painting over any markings the defendant made,] to satisfy the
43	43	restitution.
44	44	(4) Notwithstanding Subsection (g)(4), a court shall
45	45	direct a defendant ordered to make restitution under this
46	46	subsection as a condition of community supervision to deliver the
47	47	amount or property due as restitution to the defendant's
48	48	supervising officer for transfer to the owner. A parole panel shall
49	49	direct a defendant ordered to make restitution under this
50	50	subsection as a condition of parole or mandatory supervision to
51	51	deliver the amount or property due as restitution to the
52	52	defendant's supervising officer. The defendant's supervising
53	53	officer shall notify the court when the defendant has delivered the
54	54	full amount of restitution ordered. On receipt of notice under this
55	55	subdivision, the court shall notify the Department of Public
56	56	Safety, for the purposes of Section 521.320, Transportation Code,
57	57	of the date on which the defendant delivered the full amount of
58	58	restitution ordered.
59	59	(5) For purposes of this subsection [subdivision],
60	60	"official traffic-control device" has the meaning assigned by
61	61	Section 541.304, Transportation Code.
62	62	SECTION 2. Section 11, Article 42.12, Code of Criminal
63	63	Procedure, is amended by adding Subsection (k) to read as follows:
64	64	(k) A court granting community supervision to a defendant
65	65	convicted of an offense under Section 28.08, Penal Code, shall
66	66	require as a condition of community supervision that the defendant
67	67	perform a specific number of hours of community service.
68	68	SECTION 3. Section 54.046, Family Code, is amended by
69	69	amending Subsection (a) and adding Subsection (d) to read as
70	70	follows:
71	71	(a) If a juvenile court places on probation under Section
72	72	54.04(d) a child adjudicated as having engaged in conduct in
73	73	violation of Section 28.08, Penal Code, in addition to other
74	74	conditions of probation, the court:
75	75	(1) shall [may] order the child to:
76	76	(A) reimburse the owner of the property for the
77	77	cost of restoring the property; or
78	78	(B) with consent of the owner of the property,
79	79	restore the property by removing or painting over any markings made
80	80	by the child on the property; and
81	81	(2) if the child made markings on public property, a
82	82	street sign, or an official traffic-control device in violation of
83	83	Section 28.08, Penal Code, shall [may] order the child to:
84	84	(A) make to the political subdivision that owns
85	85	the public property or erected the street sign or official
86	86	traffic-control device restitution in an amount equal to the lesser
87	87	of the cost to the political subdivision of replacing or restoring
88	88	the public property, street sign, or official traffic-control
89	89	device; or
90	90	(B) with the consent of the political
91	91	subdivision, restore the public property, street sign, or official
92	92	traffic-control device by removing or painting over any markings
93	93	made by the child on the property, sign, or device.
94	94	(d) The juvenile court shall direct a child ordered to make
95	95	restitution under this section to deliver the amount or property
96	96	due as restitution to the juvenile probation department for
97	97	transfer to the owner. The juvenile probation department shall
98	98	notify the juvenile court when the child has delivered the full
99	99	amount of restitution ordered. On receipt of notice under this
100	100	subsection, the juvenile court shall notify the Department of
101	101	Public Safety, for the purposes of Section 521.320, Transportation
102	102	Code, of the date on which the full amount of restitution was
103	103	delivered.
104	104	SECTION 4. Section 54.0481, Family Code, as added by
105	105	Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
106	106	Session, 2007, is amended by amending Subsection (a) and adding
107	107	Subsection (d) to read as follows:
108	108	(a) A juvenile court, in a disposition hearing under Section
109	109	54.04 regarding a child who has been adjudicated to have engaged in
110	110	delinquent conduct that violates Section 28.08, Penal Code:
111	111	(1) shall [may] order the child, and may order [or] a
112	112	parent or other person responsible for the child's support, to make
113	113	restitution by:
114	114	(A) reimbursing the owner of the property for the
115	115	cost of restoring the property; or
116	116	(B) with the consent of the owner of the
117	117	property, personally restoring the property by removing or painting
118	118	over any markings the child made; and
119	119	(2) if the child made markings on public property, a
120	120	street sign, or an official traffic-control device in violation of
121	121	Section 28.08, Penal Code, shall [may] order the child, and may
122	122	order [or] a parent or other person responsible for the child's
123	123	support, to:
124	124	(A) make to the political subdivision that owns
125	125	the public property or erected the street sign or official
126	126	traffic-control device restitution in an amount equal to the lesser
127	127	of the cost to the political subdivision of replacing or restoring
128	128	the public property, street sign, or official traffic-control
129	129	device; or
130	130	(B) with the consent of the political
131	131	subdivision, restore the public property, street sign, or official
132	132	traffic-control device by removing or painting over any markings
133	133	made by the child on the property, sign, or device.
134	134	(d) The juvenile court shall direct a child ordered to make
135	135	restitution under this section to deliver the amount or property
136	136	due as restitution to a juvenile probation department for transfer
137	137	to the owner. The juvenile probation department shall notify the
138	138	juvenile court when the child has delivered the full amount of
139	139	restitution ordered. On receipt of notice under this subsection,
140	140	the juvenile court shall notify the Department of Public Safety,
141	141	for the purposes of Section 521.320, Transportation Code, of the
142	142	date on which the full amount of restitution was delivered.
143	143	SECTION 5. Section 28.08(d), Penal Code, is amended to read
144	144	as follows:
145	145	(d) An offense under this section is a state jail felony if:
146	146	(1) either:
147	147	(A) the marking is made on a school, an
148	148	institution of higher education, a place of worship or human
149	149	burial, a public monument, or a community center that provides
150	150	medical, social, or educational programs; or
151	151	(B) the person has been previously convicted two
152	152	or more times of an offense under this section; and
153	153	(2) the amount of the pecuniary loss to real property
154	154	or to tangible personal property is any amount less than $20,000.
155	155	SECTION 6. Section 521.320, Transportation Code, is amended
156	156	to read as follows:
157	157	Sec. 521.320. SUSPENSION FOR CONVICTION OR ADJUDICATION
158	158	INVOLVING GRAFFITI [CERTAIN CRIMINAL MISCHIEF]; LICENSE DENIAL.
159	159	(a) A court shall [may] order the department to suspend a person's
160	160	driver's license on conviction of an offense under Section 28.08,
161	161	Penal Code. A juvenile court shall order the department to suspend
162	162	a person's provisional license or driver's license if the person has
163	163	been adjudicated to have engaged in delinquent conduct that
164	164	violates Section 28.08, Penal Code.
165	165	(b) A court shall [may] order the department to deny an
166	166	application for reinstatement or issuance of a driver's license to
167	167	a person convicted of an offense under Section 28.08, Penal Code,
168	168	who, on the date of the conviction, did not hold a driver's license.
169	169	A juvenile court shall order the department to deny an application
170	170	for reinstatement or issuance of a provisional license or driver's
171	171	license to a person who has been adjudicated to have engaged in
172	172	delinquent conduct that violates Section 28.08, Penal Code, and
173	173	who, on the date of the adjudication, did not hold a provisional
174	174	license or driver's license.
175	175	(c) The period of suspension under this section continues
176	176	until the later of:
177	177	(1) [is] one year after the date of a final conviction
178	178	or the date on which the disposition is made, as applicable; or
179	179	(2) the date on which the person has made restitution,
180	180	as required by Article 42.037(s), Code of Criminal Procedure,
181	181	Section 54.046, Family Code, or Section 54.0481, Family Code, as
182	182	added by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature,
183	183	Regular Session, 2007, as applicable.
184	184	(c-1) The period of license denial under this section
185	185	continues until the later of:
186	186	(1) [is] one year after the date the person applies to
187	187	the department for reinstatement or issuance of a driver's license
188	188	or provisional license; or
189	189	(2) the date on which the person has made restitution,
190	190	as required by Article 42.037(s), Code of Criminal Procedure,
191	191	Section 54.046, Family Code, or Section 54.0481, Family Code, as
192	192	added by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature,
193	193	Regular Session, 2007, as applicable.
194	194	(d) The department may not reinstate a provisional license
195	195	or driver's license suspended under Subsection (a) unless the
196	196	person whose license was suspended applies to the department for
197	197	reinstatement.
198	198	(e) A person whose license is suspended under Subsection (a)
199	199	remains eligible to receive an occupational license under
200	200	Subchapter L or a hardship license under Section 521.223.
201	201	(f) For the purposes of this section, a person is convicted
202	202	of an offense regardless of whether the sentence is imposed or the
203	203	person is placed on community supervision for the offense under
204	204	Article 42.12, Code of Criminal Procedure.
205	205	SECTION 7. The change in law made by this Act applies only
206	206	to an offense committed on or after the effective date of this Act.
207	207	An offense committed before the effective date of this Act is
208	208	covered by the law in effect when the offense was committed, and the
209	209	former law is continued in effect for that purpose. For purposes of
210	210	this section, an offense was committed before the effective date of
211	211	this Act if any element of the offense was committed before that
212	212	date.
213	213	SECTION 8. This Act takes effect September 1, 2009.