| 1 | 1 | | 81R8066 GCB-D |
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| 2 | 2 | | By: Bohac H.B. No. 3342 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain criminal penalties for and civil consequences |
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| 8 | 8 | | of damaging property with graffiti. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 28.08(d), Penal Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | (d) An offense under this section is a state jail felony if: |
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| 13 | 13 | | (1) either: |
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| 14 | 14 | | (A) the marking is made on a school, an |
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| 15 | 15 | | institution of higher education, a place of worship or human |
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| 16 | 16 | | burial, a public monument, or a community center that provides |
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| 17 | 17 | | medical, social, or educational programs; or |
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| 18 | 18 | | (B) the person has been previously convicted two |
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| 19 | 19 | | or more times of an offense under this section; and |
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| 20 | 20 | | (2) the amount of the pecuniary loss to real property |
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| 21 | 21 | | or to tangible personal property is any amount less than $20,000. |
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| 22 | 22 | | SECTION 2. Section 71.02(a), Penal Code, is amended to read |
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| 23 | 23 | | as follows: |
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| 24 | 24 | | (a) A person commits an offense if, with the intent to |
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| 25 | 25 | | establish, maintain, or participate in a combination or in the |
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| 26 | 26 | | profits of a combination or as a member of a criminal street gang, |
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| 27 | 27 | | he commits or conspires to commit one or more of the following: |
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| 28 | 28 | | (1) murder, capital murder, arson, aggravated |
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| 29 | 29 | | robbery, robbery, burglary, theft, aggravated kidnapping, |
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| 30 | 30 | | kidnapping, aggravated assault, aggravated sexual assault, sexual |
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| 31 | 31 | | assault, forgery, deadly conduct, assault punishable as a Class A |
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| 32 | 32 | | misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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| 33 | 33 | | motor vehicle; |
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| 34 | 34 | | (2) any gambling offense punishable as a Class A |
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| 35 | 35 | | misdemeanor; |
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| 36 | 36 | | (3) promotion of prostitution, aggravated promotion |
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| 37 | 37 | | of prostitution, or compelling prostitution; |
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| 38 | 38 | | (4) unlawful manufacture, transportation, repair, or |
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| 39 | 39 | | sale of firearms or prohibited weapons; |
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| 40 | 40 | | (5) unlawful manufacture, delivery, dispensation, or |
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| 41 | 41 | | distribution of a controlled substance or dangerous drug, or |
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| 42 | 42 | | unlawful possession of a controlled substance or dangerous drug |
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| 43 | 43 | | through forgery, fraud, misrepresentation, or deception; |
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| 44 | 44 | | (6) any unlawful wholesale promotion or possession of |
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| 45 | 45 | | any obscene material or obscene device with the intent to wholesale |
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| 46 | 46 | | promote the same; |
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| 47 | 47 | | (7) any offense under Subchapter B, Chapter 43, |
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| 48 | 48 | | depicting or involving conduct by or directed toward a child |
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| 49 | 49 | | younger than 18 years of age; |
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| 50 | 50 | | (8) any felony offense under Chapter 32; |
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| 51 | 51 | | (9) any offense under Chapter 36; |
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| 52 | 52 | | (10) any offense under Chapter 34 or 35; |
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| 53 | 53 | | (11) any offense under Section 37.11(a); |
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| 54 | 54 | | (12) any offense under Chapter 20A; [or] |
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| 55 | 55 | | (13) any offense under Section 37.10; or |
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| 56 | 56 | | (14) any offense under Section 28.08. |
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| 57 | 57 | | SECTION 3. The heading to Section 521.320, Transportation |
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| 58 | 58 | | Code, is amended to read as follows: |
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| 59 | 59 | | Sec. 521.320. SUSPENSION FOR CONVICTION INVOLVING GRAFFITI |
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| 60 | 60 | | [CERTAIN CRIMINAL MISCHIEF]; LICENSE DENIAL. |
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| 61 | 61 | | SECTION 4. Sections 521.320(a) and (b), Transportation |
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| 62 | 62 | | Code, are amended to read as follows: |
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| 63 | 63 | | (a) A court shall [may] order the department to suspend a |
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| 64 | 64 | | person's driver's license on conviction of an offense under Section |
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| 65 | 65 | | 28.08, Penal Code. |
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| 66 | 66 | | (b) A court shall [may] order the department to deny an |
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| 67 | 67 | | application for reinstatement or issuance of a driver's license to |
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| 68 | 68 | | a person convicted of an offense under Section 28.08, Penal Code, |
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| 69 | 69 | | who, on the date of the conviction, did not hold a driver's license. |
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| 70 | 70 | | SECTION 5. The change in law made by this Act applies only |
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| 71 | 71 | | to an offense committed on or after the effective date of this Act. |
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| 72 | 72 | | An offense committed before the effective date of this Act is |
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| 73 | 73 | | covered by the law in effect when the offense was committed, and the |
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| 74 | 74 | | former law is continued in effect for that purpose. For purposes of |
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| 75 | 75 | | this section, an offense was committed before the effective date of |
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| 76 | 76 | | this Act if any element of the offense was committed before that |
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| 77 | 77 | | date. |
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| 78 | 78 | | SECTION 6. This Act takes effect September 1, 2009. |
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