81R7579 GCB-D
By: Leibowitz H.B. No. 1753
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.0171(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A defendant convicted of an offense under Section 28.08,
Penal Code, in a county court, county court at law, or district
court shall pay a $100 [$50] juvenile delinquency prevention and
graffiti eradication fee as a cost of court.
SECTION 2. Section 54.046, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) If on at least one previous occasion the child has been
adjudicated as having engaged in conduct in violation of Section
28.08, Penal Code, for which the child was placed on probation under
Section 54.04(d), in addition to other conditions of probation, the
court shall order the child to perform not less than 100 hours of
community service.
SECTION 3. Section 54.0461(a), Family Code, is amended to
read as follows:
(a) If a child is adjudicated as having engaged in
delinquent conduct that violates Section 28.08, Penal Code, the
juvenile court shall order the child, parent, or other person
responsible for the child's support to pay to the court a $100 [$50]
juvenile delinquency prevention fee as a cost of court.
SECTION 4. Section 102.041, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
district court shall collect fees and costs under the Code of
Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $5;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$100 [$5].
SECTION 5. Section 102.061, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$100 [$5]; and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5.
SECTION 6. Section 102.081, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$100 [$5]; and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5.
SECTION 7. Section 103.0212, Government Code, is amended to
read as follows:
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
civil suit, as applicable, shall pay the following fees and costs
under the Family Code if ordered by the court or otherwise required:
(1) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family Code)
. . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court; and
(2) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
(B) a teen court administration fee (Sec. 54.032,
Family Code) . . . not to exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20;
(D) a juvenile delinquency prevention fee (Sec.
54.0461, Family Code) . . . $100 [$5]; and
(E) a court fee for child's probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month.
SECTION 8. Sections 28.08(b) and (d), Penal Code, are
amended to read as follows:
(b) Except as provided by Subsection (d), an offense under
this section is:
(1) a Class A [B] misdemeanor if the amount of
pecuniary loss is less than $500;
(2) a state jail felony [Class A misdemeanor] if the
amount of pecuniary loss is $500 or more but less than $1,500;
(3) a felony of the third degree [state jail felony] if
the amount of pecuniary loss is $1,500 or more but less than
$20,000;
(4) a felony of the second [third] degree if the amount
of pecuniary loss is $20,000 or more but less than $100,000; or
(5) a felony of the first [second] degree if the amount
of pecuniary loss is $100,000 or more [but less than $200,000; or
[(6) a felony of the first degree if the amount of
pecuniary loss is $200,000 or more].
(d) An offense under this section is a [state jail] felony
of the third degree if:
(1) the marking is made on a school, an institution of
higher education, a place of worship or human burial, a public
monument, or a community center that provides medical, social, or
educational programs; and
(2) the amount of the pecuniary loss to real property
or to tangible personal property is less than $20,000.
SECTION 9. The change in law made by this Act applies 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
covered 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 was committed before that
date.
SECTION 10. This Act takes effect September 1, 2009.