83R9611 MEW-F
By: Moody H.B. No. 3494
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of graffiti and the
creation of a graffiti pretrial diversion program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 28.08(b) and (d), Penal Code, are
amended to read as follows:
(b) Except as provided by Subsection (d), an offense under
this section is:
(1) a Class C misdemeanor if the amount of pecuniary
loss is less than $200;
(2) a Class B misdemeanor if the amount of pecuniary
loss is $200 or more but less than $1,000 [$500];
(3) [(2)] a Class A misdemeanor if the amount of
pecuniary loss is $1,000 [$500] or more but less than $3,000
[$1,500];
(4) [(3)] a state jail felony if the amount of
pecuniary loss is $3,000 [$1,500] or more but less than $20,000;
(5) [(4)] a felony of the third degree if the amount of
pecuniary loss is $20,000 or more but less than $100,000;
(6) [(5)] a felony of the second degree if the amount
of pecuniary loss is $100,000 or more but less than $200,000; or
(7) [(6)] a felony of the first degree if the amount of
pecuniary loss is $200,000 or more.
(d) An offense under this section is a state jail felony if:
(1) 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; and
(2) the amount of the pecuniary loss to real property
or to tangible personal property is $1,500 or more but less than
$20,000.
SECTION 2. Article 14.06(d), Code of Criminal Procedure, is
amended to read as follows:
(d) Subsection (c) applies only to a person charged with
committing an offense under:
(1) Section 481.121, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(1-a) Section 481.1161, Health and Safety Code, if the
offense is punishable under Subsection (b)(1) or (2) of that
section;
(2) Section 28.03, Penal Code, if the offense is
punishable under Subsection (b)(2) of that section;
(3) Section 28.08, Penal Code, if the offense is
punishable under Subsection (b)(2) or (3) [(b)(1)] of that section;
(4) Section 31.03, Penal Code, if the offense is
punishable under Subsection (e)(2)(A) of that section;
(5) Section 31.04, Penal Code, if the offense is
punishable under Subsection (e)(2) of that section;
(6) Section 38.114, Penal Code, if the offense is
punishable as a Class B misdemeanor; or
(7) Section 521.457, Transportation Code.
SECTION 3. Chapter 32, Code of Criminal Procedure, is
amended by adding Article 32.03 to read as follows:
Art. 32.03. DISMISSAL OF CERTAIN GRAFFITI CHARGES ON
COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before
trial commences, on the joint motion of a defendant charged with an
offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal
Code, and the attorney representing the state, a court may defer
proceedings pending the defendant's completion of a pretrial
diversion program in which the defendant must:
(1) perform community service that:
(A) must, to the extent possible, include
graffiti removal; and
(B) may include outreach education focused on
graffiti prevention and eradication, youth mentoring in art-based
programs, mural painting, or another form of community service; and
(2) make restitution to the owner of the property on
which the defendant made markings, 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 defendant made.
(b) The community service described by Subsection (a)(1)
must consist of:
(1) at least 25 hours and not more than 100 hours if
the offense is punishable under Section 28.08(b)(1), Penal Code;
(2) at least 50 hours and not more than 200 hours if
the offense is punishable under Section 28.08(b)(2), Penal Code;
(3) at least 75 hours and not more than 300 hours if
the offense is punishable under Section 28.08(b)(3), Penal Code;
and
(4) at least 100 hours and not more than 400 hours if
the offense is punishable under Section 28.08(b)(4) or (d), Penal
Code.
(c) A court that defers proceedings under Subsection (a)
shall set a reasonable date by which the defendant must complete the
program described in that subsection, which may be extended in the
court's discretion not later than one year after the date the
proceedings were deferred.
(d) A court shall dismiss the case if satisfactory evidence
is presented that the defendant successfully completed a program
under Subsection (a) by the date specified under Subsection (c).
SECTION 4. 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
governed by the law in effect on the date 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 occurred
before that date.
SECTION 5. This Act takes effect September 1, 2013.