Texas 2009 - 81st Regular

Texas House Bill HB385 Compare Versions

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

Old	New	Differences
1	1	81R1873 GCB-D
2	2	By: Ortiz, Jr. H.B. No. 385
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution and consequences of certain offenses
8	8	involving graffiti; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 59.01(2), Code of Criminal Procedure, as
11	11	amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B.
12	12	2278), Acts of the 80th Legislature, Regular Session, 2007, is
13	13	reenacted and amended to read as follows:
14	14	(2) "Contraband" means property of any nature,
15	15	including real, personal, tangible, or intangible, that is:
16	16	(A) used in the commission of:
17	17	(i) any first or second degree felony under
18	18	the Penal Code;
19	19	(ii) any felony under Section 15.031(b),
20	20	20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 28, 29,
21	21	30, 31, 32, 33, 33A, or 35, Penal Code;
22	22	(iii) any felony under The Securities Act
23	23	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
24	24	(iv) any offense under Chapter 49, Penal
25	25	Code, that is punishable as a felony of the third degree or state
26	26	jail felony, if the defendant has been previously convicted three
27	27	times of an offense under that chapter;
28	28	(B) used or intended to be used in the commission
29	29	of:
30	30	(i) any felony under Chapter 481, Health
31	31	and Safety Code (Texas Controlled Substances Act);
32	32	(ii) any felony under Chapter 483, Health
33	33	and Safety Code;
34	34	(iii) a felony under Chapter 153, Finance
35	35	Code;
36	36	(iv) any felony under Chapter 34, Penal
37	37	Code;
38	38	(v) a Class A misdemeanor under Subchapter
39	39	B, Chapter 365, Health and Safety Code, if the defendant has been
40	40	previously convicted twice of an offense under that subchapter;
41	41	(vi) any felony under Chapter 152, Finance
42	42	Code;
43	43	(vii) any felony under Chapter 32, Human
44	44	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
45	45	involves the state Medicaid program;
46	46	(viii) a Class B misdemeanor under Chapter
47	47	522, Business & Commerce Code; or
48	48	(ix) a Class A misdemeanor under Section
49	49	35.153, Business & Commerce Code;
50	50	(C) the proceeds gained from the commission of a
51	51	felony listed in Paragraph (A) or (B) of this subdivision, a
52	52	misdemeanor listed in Paragraph (B)(viii) of this subdivision, or a
53	53	crime of violence;
54	54	(D) acquired with proceeds gained from the
55	55	commission of a felony listed in Paragraph (A) or (B) of this
56	56	subdivision, a misdemeanor listed in Paragraph (B)(viii) of this
57	57	subdivision, or a crime of violence; [or]
58	58	(E) used to facilitate or intended to be used to
59	59	facilitate the commission of a felony under Section 15.031 or
60	60	43.25, Penal Code; or
61	61	(F) used by a defendant charged with or convicted
62	62	of a felony under Section 28.08, Penal Code, to advertise, promote,
63	63	or publish the commission of that felony.
64	64	SECTION 2. Section 28.08(a), Penal Code, is amended to read
65	65	as follows:
66	66	(a) A person commits an offense if, without the effective
67	67	consent of the owner, the person intentionally or knowingly makes
68	68	markings, including inscriptions, slogans, drawings, or paintings,
69	69	on the tangible property of the owner with:
70	70	(1) [aerosol] paint;
71	71	(2) an indelible marker; or
72	72	(3) an etching or engraving device.
73	73	SECTION 3. Section 71.02(a), Penal Code, is amended to read
74	74	as follows:
75	75	(a) A person commits an offense if, with the intent to
76	76	establish, maintain, or participate in a combination or in the
77	77	profits of a combination or as a member of a criminal street gang,
78	78	the person [he] commits or conspires to commit one or more of the
79	79	following:
80	80	(1) murder, capital murder, arson, aggravated
81	81	robbery, robbery, burglary, theft, aggravated kidnapping,
82	82	kidnapping, aggravated assault, aggravated sexual assault, sexual
83	83	assault, forgery, deadly conduct, assault punishable as a Class A
84	84	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
85	85	motor vehicle;
86	86	(2) any gambling offense punishable as a Class A
87	87	misdemeanor;
88	88	(3) promotion of prostitution, aggravated promotion
89	89	of prostitution, or compelling prostitution;
90	90	(4) unlawful manufacture, transportation, repair, or
91	91	sale of firearms or prohibited weapons;
92	92	(5) unlawful manufacture, delivery, dispensation, or
93	93	distribution of a controlled substance or dangerous drug, or
94	94	unlawful possession of a controlled substance or dangerous drug
95	95	through forgery, fraud, misrepresentation, or deception;
96	96	(6) any unlawful wholesale promotion or possession of
97	97	any obscene material or obscene device with the intent to wholesale
98	98	promote the same;
99	99	(7) any offense under Subchapter B, Chapter 43,
100	100	depicting or involving conduct by or directed toward a child
101	101	younger than 18 years of age;
102	102	(8) any felony offense under Chapter 28 or 32;
103	103	(9) any offense under Chapter 36;
104	104	(10) any offense under Chapter 34 or 35;
105	105	(11) any offense under Section 37.11(a);
106	106	(12) any offense under Chapter 20A; or
107	107	(13) any offense under Section 37.10.
108	108	SECTION 4. Section 28.08(e)(1), Penal Code, is repealed.
109	109	SECTION 5. The change in law made by this Act applies only
110	110	to an offense committed on or after the effective date of this Act.
111	111	An offense committed before the effective date of this Act is
112	112	covered by the law in effect when the offense was committed, and the
113	113	former law is continued in effect for that purpose. For purposes of
114	114	this section, an offense was committed before the effective date of
115	115	this Act if any element of the offense was committed before that
116	116	date.
117	117	SECTION 6. This Act takes effect September 1, 2009.