Texas House Bill HB1633

Texas 2009 - 81st Regular

• Out of House Committee: 4/15/09
• Voted on by House: 4/27/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/30/09
• Passed: 6/19/09

Caption

Relating to the prosecution and punishment of the offense of graffiti and to certain conditions imposed on defendants convicted of that offense or on juveniles adjudicated as having engaged in conduct in violation of that offense.

Impact

The implementation of HB 1633 will modify existing laws pertaining to minor crimes, specifically relating to graffiti. By establishing a system of community service as a condition of probation, the bill seeks to emphasize accountability and restitution over purely punitive measures. Such a shift in focus could positively impact communities by encouraging defendants to contribute positively rather than solely facing incarceration. The bill is also expected to ease the burden on court and incarceration systems by providing alternatives to traditional penalties for minor offenses.

Summary

House Bill 1633 aims to amend the legal framework surrounding the prosecution and sentencing of individuals, particularly juveniles, convicted of graffiti-related offenses. The bill introduces specific conditions for community supervision, assigning mandatory community service hours based on the pecuniary loss caused by the offense. For instance, defendants causing a loss of less than $50 would be required to perform at least five hours of community service, whereas those with losses exceeding $500 would be mandated to complete at least 30 hours. This structured approach is designed to provide a restorative aspect to sentencing and to deter future offenses.

Contention

Though the bill primarily seeks to address graffiti offenses, its implications on juvenile justice raise some points of contention. Some lawmakers and advocacy groups argue that the focus on community service may not adequately address underlying issues that lead to such offenses, such as lack of engagement, support, or mental health considerations among youth. Others express concerns that the bill, while promoting restitution, might inadvertently stigmatize young offenders by labeling them with a criminal record, potentially affecting their future opportunities. As such, while the bill carries favorable intentions, the discussions surrounding it indicate a need for balancing accountability with holistic support measures for juveniles.