Texas 2009 - 81st Regular

Texas Senate Bill SB1087

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the conduct constituting the offense of graffiti, the creation and criminal prosecution of, and penalties for offenses involving graffiti, and the authority of certain governmental entities to take certain actions designed to prevent or eradicate graffiti.

Impact

The implications of SB1087 are significant as it seeks to enhance the enforcement of laws against graffiti vandalism by not only imposing stricter penalties but also allowing local governments to take proactive measures in graffiti removal. This means municipalities are empowered to mandate property owners to remove graffiti promptly, or face financial repercussions. Consequently, it aims to mitigate the occurrence of graffiti, enhancing community aesthetics and safety.

Summary

SB1087 addresses the offenses related to graffiti by amending the existing laws to establish clearer definitions, enhancements in penalties, and provisions for graffiti removal. The bill specifically outlines that a person commits an offense if they intentionally or knowingly deface property through various means, including aerosol paint and permanent markers. Notably, it categorizes certain offenses as state jail felonies, particularly when property belonging to educational establishments or places of worship is involved, thus targeting more serious incidents effectively.

Contention

Discussions surrounding SB1087 may evoke opinions related to the balance between strict law enforcement and community engagement in addressing graffiti. While proponents argue that the enhanced penalties will deter vandalism and promote public order, critics may raise concerns regarding the potential excessive financial burden on property owners and the criminalization of youth actions. The bill may spark debates over the effectiveness of punitive measures versus educational and rehabilitative approaches in addressing the root causes of graffiti-related offenses.

Companion Bills

TX HB4164

Identical Relating to the conduct constituting the offense of graffiti, the creation and criminal prosecution of, and penalties for offenses involving graffiti, and the authority of certain governmental entities to take certain actions designed to prevent or eradicate graffiti.

Similar Bills

TX HB4164

Relating to the conduct constituting the offense of graffiti, the creation and criminal prosecution of, and penalties for offenses involving graffiti, and the authority of certain governmental entities to take certain actions designed to prevent or eradicate graffiti.

CA AB1395

State highways: Department of Transportation: litter cleanup and abatement: report.

TX HB3494

Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.

TX HB597

Relating to the creation of a graffiti pretrial diversion program; authorizing a fee.

TX HB883

Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.

TX SB11

Relating to the prevention, investigation, prosecution, and punishment for certain gang-related and other criminal offenses and to the consequences and costs of engaging in certain activities of a criminal street gang or certain other criminal activity; providing penalties.

TX HB1753

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.

NJ A436

Establishes offense of criminal mischief committed on historical sites.