81R5471 GCB-D
By: Ellis S.B. No. 2218
A BILL TO BE ENTITLED
AN ACT
relating to certain 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 42.037(s), Code of Criminal Procedure,
is amended to read as follows:
(s)(1) A court shall order [If a court orders] a defendant
convicted of an offense under Section 28.08, Penal Code, to make
restitution by:
(A) reimbursing the owner of the property for the
cost of restoring the property; or
(B) with the consent of the owner of the
property, [to the victim of the offense, the court may order the
defendant to make restitution as provided by Subsection (b)(1)(B)
or by] personally restoring the property by removing or painting
over any markings the defendant made.
(2) A court shall order a defendant convicted of an
offense under Section 28.08, Penal Code, to make restitution to a
political subdivision that owns public property or erects a street
sign or official traffic-control device on which the defendant
makes markings in violation of Section 28.08, Penal Code, by:
(A) paying an [. The] amount [of the restitution
ordered must be] equal to the lesser of [the amount of restitution
authorized by Subsection (b)(1)(B) or] the cost to the political
subdivision of replacing or restoring the public property, street
sign, or official traffic-control device; or
(B) with the consent of the political
subdivision, restoring the public property, street sign, or
official traffic-control device by removing or painting over any
markings made by the defendant on the property, sign, or device.
(3) If the court orders a defendant to make
restitution under this subsection [subdivision] and the defendant
is financially unable to make the restitution, the court may order
the defendant to perform a specific number of hours of community
service[, including service restoring the property by removing or
painting over any markings the defendant made,] to satisfy the
restitution.
(4) For purposes of this subsection [subdivision],
"official traffic-control device" has the meaning assigned by
Section 541.304, Transportation Code.
SECTION 2. Section 11, Article 42.12, Code of Criminal
Procedure, is amended by adding Subsection (k) to read as follows:
(k) A court granting community supervision to a defendant
convicted of an offense under Section 28.08, Penal Code, shall
require as a condition of community supervision that the defendant
perform not less than 50 hours of community service.
SECTION 3. Section 54.046(a), Family Code, is amended to
read as follows:
(a) If a juvenile court places on probation under Section
54.04(d) a child adjudicated as having engaged in conduct in
violation of Section 28.08, Penal Code, in addition to other
conditions of probation, the court:
(1) shall [may] order the child to:
(A) reimburse the owner of the property for the
cost of restoring the property; or
(B) with consent of the owner of the property,
restore the property by removing or painting over any markings made
by the child on the property; and
(2) if the child made markings on public property, a
street sign, or an official traffic-control device in violation of
Section 28.08, Penal Code, shall [may] order the child to:
(A) make to the political subdivision that owns
the public property or erected the street sign or official
traffic-control device restitution in an amount equal to the lesser
of the cost to the political subdivision of replacing or restoring
the public property, street sign, or official traffic-control
device; or
(B) with the consent of the political
subdivision, restore the public property, street sign, or official
traffic-control device by removing or painting over any markings
made by the child on the property, sign, or device.
SECTION 4. Section 54.0481(a), Family Code, as added by
Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(a) A juvenile court, in a disposition hearing under Section
54.04 regarding a child who has been adjudicated to have engaged in
delinquent conduct that violates Section 28.08, Penal Code:
(1) shall [may] order the child, and may order [or] a
parent or other person responsible for the child's support, to make
restitution by:
(A) reimbursing the owner of the property for the
cost of restoring the property; or
(B) with the consent of the owner of the
property, personally restoring the property by removing or painting
over any markings the child made; and
(2) if the child made markings on public property, a
street sign, or an official traffic-control device in violation of
Section 28.08, Penal Code, shall [may] order the child, and may
order [or] a parent or other person responsible for the child's
support, to:
(A) make to the political subdivision that owns
the public property or erected the street sign or official
traffic-control device restitution in an amount equal to the lesser
of the cost to the political subdivision of replacing or restoring
the public property, street sign, or official traffic-control
device; or
(B) with the consent of the political
subdivision, restore the public property, street sign, or official
traffic-control device by removing or painting over any markings
made by the child on the property, sign, or device.
SECTION 5. Section 28.08(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a state jail felony if:
(1) either:
(A) 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; or
(B) the person has been previously convicted two
or more times of an offense under this section; and
(2) the amount of the pecuniary loss to real property
or to tangible personal property is any amount less than $20,000.
SECTION 6. Section 71.02(a), Penal Code, is amended to read
as follows:
(a) A person commits an offense if, with the intent to
establish, maintain, or participate in a combination or in the
profits of a combination or as a member of a criminal street gang,
he commits or conspires to commit one or more of the following:
(1) murder, capital murder, arson, aggravated
robbery, robbery, burglary, theft, aggravated kidnapping,
kidnapping, aggravated assault, aggravated sexual assault, sexual
assault, forgery, deadly conduct, assault punishable as a Class A
misdemeanor, burglary of a motor vehicle, or unauthorized use of a
motor vehicle;
(2) any gambling offense punishable as a Class A
misdemeanor;
(3) promotion of prostitution, aggravated promotion
of prostitution, or compelling prostitution;
(4) unlawful manufacture, transportation, repair, or
sale of firearms or prohibited weapons;
(5) unlawful manufacture, delivery, dispensation, or
distribution of a controlled substance or dangerous drug, or
unlawful possession of a controlled substance or dangerous drug
through forgery, fraud, misrepresentation, or deception;
(6) any unlawful wholesale promotion or possession of
any obscene material or obscene device with the intent to wholesale
promote the same;
(7) any offense under Subchapter B, Chapter 43,
depicting or involving conduct by or directed toward a child
younger than 18 years of age;
(8) any felony offense under Chapter 32;
(9) any offense under Chapter 36;
(10) any offense under Chapter 34 or 35;
(11) any offense under Section 37.11(a);
(12) any offense under Chapter 20A; [or]
(13) any offense under Section 37.10; or
(14) any offense under Section 28.08.
SECTION 7. Section 521.320, Transportation Code, is amended
to read as follows:
Sec. 521.320. SUSPENSION FOR CONVICTION OR ADJUDICATION
INVOLVING GRAFFITI [CERTAIN CRIMINAL MISCHIEF]; LICENSE DENIAL.
(a) A court shall [may] order the department to suspend a person's
driver's license on conviction of an offense under Section 28.08,
Penal Code. A juvenile court shall order the department to suspend
a person's provisional license or driver's license if the person has
been adjudicated to have engaged in delinquent conduct that
violates Section 28.08, Penal Code.
(b) A court shall [may] order the department to deny an
application for reinstatement or issuance of a driver's license to
a person convicted of an offense under Section 28.08, Penal Code,
who, on the date of the conviction, did not hold a driver's license.
A juvenile court shall order the department to deny an application
for reinstatement or issuance of a provisional license or driver's
license to a person who has been adjudicated to have engaged in
delinquent conduct that violates Section 28.08, Penal Code, and
who, on the date of the adjudication, did not hold a provisional
license or driver's license.
(c) The period of suspension under this section is one year
after the date of a final conviction or the date on which the
disposition is made, as applicable. The period of license denial is
one year after the date the person applies to the department for
reinstatement or issuance of a provisional license or driver's
license.
(d) The department may not reinstate a provisional license
or driver's license suspended under Subsection (a) unless the
person whose license was suspended applies to the department for
reinstatement.
(e) A person whose license is suspended under Subsection (a)
remains eligible to receive an occupational license under
Subchapter L or a hardship license under Section 521.223.
(f) For the purposes of this section, a person is convicted
of an offense regardless of whether the sentence is imposed or the
person is placed on community supervision for the offense under
Article 42.12, Code of Criminal Procedure.
SECTION 8. 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 9. This Act takes effect September 1, 2009.