Texas 2009 - 81st Regular

Texas Senate Bill SB2218 Compare Versions

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

Old	New	Differences
1	1	81R5471 GCB-D
2	2	By: Ellis S.B. No. 2218
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain criminal penalties and civil consequences for
8	8	defendants convicted of an offense of graffiti and for juveniles
9	9	adjudicated as having engaged in conduct involving graffiti.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Article 42.037(s), Code of Criminal Procedure,
12	12	is amended to read as follows:
13	13	(s)(1) A court shall order [If a court orders] a defendant
14	14	convicted of an offense under Section 28.08, Penal Code, to make
15	15	restitution by:
16	16	(A) reimbursing the owner of the property for the
17	17	cost of restoring the property; or
18	18	(B) with the consent of the owner of the
19	19	property, [to the victim of the offense, the court may order the
20	20	defendant to make restitution as provided by Subsection (b)(1)(B)
21	21	or by] personally restoring the property by removing or painting
22	22	over any markings the defendant made.
23	23	(2) A court shall order a defendant convicted of an
24	24	offense under Section 28.08, Penal Code, to make restitution to a
25	25	political subdivision that owns public property or erects a street
26	26	sign or official traffic-control device on which the defendant
27	27	makes markings in violation of Section 28.08, Penal Code, by:
28	28	(A) paying an [. The] amount [of the restitution
29	29	ordered must be] equal to the lesser of [the amount of restitution
30	30	authorized by Subsection (b)(1)(B) or] the cost to the political
31	31	subdivision of replacing or restoring the public property, street
32	32	sign, or official traffic-control device; or
33	33	(B) with the consent of the political
34	34	subdivision, restoring the public property, street sign, or
35	35	official traffic-control device by removing or painting over any
36	36	markings made by the defendant on the property, sign, or device.
37	37	(3) If the court orders a defendant to make
38	38	restitution under this subsection [subdivision] and the defendant
39	39	is financially unable to make the restitution, the court may order
40	40	the defendant to perform a specific number of hours of community
41	41	service[, including service restoring the property by removing or
42	42	painting over any markings the defendant made,] to satisfy the
43	43	restitution.
44	44	(4) For purposes of this subsection [subdivision],
45	45	"official traffic-control device" has the meaning assigned by
46	46	Section 541.304, Transportation Code.
47	47	SECTION 2. Section 11, Article 42.12, Code of Criminal
48	48	Procedure, is amended by adding Subsection (k) to read as follows:
49	49	(k) A court granting community supervision to a defendant
50	50	convicted of an offense under Section 28.08, Penal Code, shall
51	51	require as a condition of community supervision that the defendant
52	52	perform not less than 50 hours of community service.
53	53	SECTION 3. Section 54.046(a), Family Code, is amended to
54	54	read as follows:
55	55	(a) If a juvenile court places on probation under Section
56	56	54.04(d) a child adjudicated as having engaged in conduct in
57	57	violation of Section 28.08, Penal Code, in addition to other
58	58	conditions of probation, the court:
59	59	(1) shall [may] order the child to:
60	60	(A) reimburse the owner of the property for the
61	61	cost of restoring the property; or
62	62	(B) with consent of the owner of the property,
63	63	restore the property by removing or painting over any markings made
64	64	by the child on the property; and
65	65	(2) if the child made markings on public property, a
66	66	street sign, or an official traffic-control device in violation of
67	67	Section 28.08, Penal Code, shall [may] order the child to:
68	68	(A) make to the political subdivision that owns
69	69	the public property or erected the street sign or official
70	70	traffic-control device restitution in an amount equal to the lesser
71	71	of the cost to the political subdivision of replacing or restoring
72	72	the public property, street sign, or official traffic-control
73	73	device; or
74	74	(B) with the consent of the political
75	75	subdivision, restore the public property, street sign, or official
76	76	traffic-control device by removing or painting over any markings
77	77	made by the child on the property, sign, or device.
78	78	SECTION 4. Section 54.0481(a), Family Code, as added by
79	79	Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
80	80	Session, 2007, is amended to read as follows:
81	81	(a) A juvenile court, in a disposition hearing under Section
82	82	54.04 regarding a child who has been adjudicated to have engaged in
83	83	delinquent conduct that violates Section 28.08, Penal Code:
84	84	(1) shall [may] order the child, and may order [or] a
85	85	parent or other person responsible for the child's support, to make
86	86	restitution by:
87	87	(A) reimbursing the owner of the property for the
88	88	cost of restoring the property; or
89	89	(B) with the consent of the owner of the
90	90	property, personally restoring the property by removing or painting
91	91	over any markings the child made; and
92	92	(2) if the child made markings on public property, a
93	93	street sign, or an official traffic-control device in violation of
94	94	Section 28.08, Penal Code, shall [may] order the child, and may
95	95	order [or] a parent or other person responsible for the child's
96	96	support, to:
97	97	(A) make to the political subdivision that owns
98	98	the public property or erected the street sign or official
99	99	traffic-control device restitution in an amount equal to the lesser
100	100	of the cost to the political subdivision of replacing or restoring
101	101	the public property, street sign, or official traffic-control
102	102	device; or
103	103	(B) with the consent of the political
104	104	subdivision, restore the public property, street sign, or official
105	105	traffic-control device by removing or painting over any markings
106	106	made by the child on the property, sign, or device.
107	107	SECTION 5. Section 28.08(d), Penal Code, is amended to read
108	108	as follows:
109	109	(d) An offense under this section is a state jail felony if:
110	110	(1) either:
111	111	(A) the marking is made on a school, an
112	112	institution of higher education, a place of worship or human
113	113	burial, a public monument, or a community center that provides
114	114	medical, social, or educational programs; or
115	115	(B) the person has been previously convicted two
116	116	or more times of an offense under this section; and
117	117	(2) the amount of the pecuniary loss to real property
118	118	or to tangible personal property is any amount less than $20,000.
119	119	SECTION 6. Section 71.02(a), Penal Code, is amended to read
120	120	as follows:
121	121	(a) A person commits an offense if, with the intent to
122	122	establish, maintain, or participate in a combination or in the
123	123	profits of a combination or as a member of a criminal street gang,
124	124	he commits or conspires to commit one or more of the following:
125	125	(1) murder, capital murder, arson, aggravated
126	126	robbery, robbery, burglary, theft, aggravated kidnapping,
127	127	kidnapping, aggravated assault, aggravated sexual assault, sexual
128	128	assault, forgery, deadly conduct, assault punishable as a Class A
129	129	misdemeanor, burglary of a motor vehicle, or unauthorized use of a
130	130	motor vehicle;
131	131	(2) any gambling offense punishable as a Class A
132	132	misdemeanor;
133	133	(3) promotion of prostitution, aggravated promotion
134	134	of prostitution, or compelling prostitution;
135	135	(4) unlawful manufacture, transportation, repair, or
136	136	sale of firearms or prohibited weapons;
137	137	(5) unlawful manufacture, delivery, dispensation, or
138	138	distribution of a controlled substance or dangerous drug, or
139	139	unlawful possession of a controlled substance or dangerous drug
140	140	through forgery, fraud, misrepresentation, or deception;
141	141	(6) any unlawful wholesale promotion or possession of
142	142	any obscene material or obscene device with the intent to wholesale
143	143	promote the same;
144	144	(7) any offense under Subchapter B, Chapter 43,
145	145	depicting or involving conduct by or directed toward a child
146	146	younger than 18 years of age;
147	147	(8) any felony offense under Chapter 32;
148	148	(9) any offense under Chapter 36;
149	149	(10) any offense under Chapter 34 or 35;
150	150	(11) any offense under Section 37.11(a);
151	151	(12) any offense under Chapter 20A; [or]
152	152	(13) any offense under Section 37.10; or
153	153	(14) any offense under Section 28.08.
154	154	SECTION 7. Section 521.320, Transportation Code, is amended
155	155	to read as follows:
156	156	Sec. 521.320. SUSPENSION FOR CONVICTION OR ADJUDICATION
157	157	INVOLVING GRAFFITI [CERTAIN CRIMINAL MISCHIEF]; LICENSE DENIAL.
158	158	(a) A court shall [may] order the department to suspend a person's
159	159	driver's license on conviction of an offense under Section 28.08,
160	160	Penal Code. A juvenile court shall order the department to suspend
161	161	a person's provisional license or driver's license if the person has
162	162	been adjudicated to have engaged in delinquent conduct that
163	163	violates Section 28.08, Penal Code.
164	164	(b) A court shall [may] order the department to deny an
165	165	application for reinstatement or issuance of a driver's license to
166	166	a person convicted of an offense under Section 28.08, Penal Code,
167	167	who, on the date of the conviction, did not hold a driver's license.
168	168	A juvenile court shall order the department to deny an application
169	169	for reinstatement or issuance of a provisional license or driver's
170	170	license to a person who has been adjudicated to have engaged in
171	171	delinquent conduct that violates Section 28.08, Penal Code, and
172	172	who, on the date of the adjudication, did not hold a provisional
173	173	license or driver's license.
174	174	(c) The period of suspension under this section is one year
175	175	after the date of a final conviction or the date on which the
176	176	disposition is made, as applicable. The period of license denial is
177	177	one year after the date the person applies to the department for
178	178	reinstatement or issuance of a provisional license or driver's
179	179	license.
180	180	(d) The department may not reinstate a provisional license
181	181	or driver's license suspended under Subsection (a) unless the
182	182	person whose license was suspended applies to the department for
183	183	reinstatement.
184	184	(e) A person whose license is suspended under Subsection (a)
185	185	remains eligible to receive an occupational license under
186	186	Subchapter L or a hardship license under Section 521.223.
187	187	(f) For the purposes of this section, a person is convicted
188	188	of an offense regardless of whether the sentence is imposed or the
189	189	person is placed on community supervision for the offense under
190	190	Article 42.12, Code of Criminal Procedure.
191	191	SECTION 8. The change in law made by this Act applies only
192	192	to an offense committed on or after the effective date of this Act.
193	193	An offense committed before the effective date of this Act is
194	194	covered by the law in effect when the offense was committed, and the
195	195	former law is continued in effect for that purpose. For purposes of
196	196	this section, an offense was committed before the effective date of
197	197	this Act if any element of the offense was committed before that
198	198	date.
199	199	SECTION 9. This Act takes effect September 1, 2009.