Texas 2013 - 83rd Regular

Texas House Bill HB3494 Compare Versions

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1	1	83R21443 MEW-D
2	2	By: Moody, Rodriguez of Bexar H.B. No. 3494
3	3	Substitute the following for H.B. No. 3494:
4	4	By: Herrero C.S.H.B. No. 3494
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the punishment for the offense of graffiti and the
10	10	creation of a graffiti pretrial diversion program; authorizing a
11	11	fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 28.08(b) and (d), Penal Code, are
14	14	amended to read as follows:
15	15	(b) Except as provided by Subsection (d), an offense under
16	16	this section is:
17	17	(1) a Class C misdemeanor if the amount of pecuniary
18	18	loss is less than $50;
19	19	(2) a Class B misdemeanor if the amount of pecuniary
20	20	loss is $50 or more but less than $500;
21	21	(3) [(2)] a Class A misdemeanor if the amount of
22	22	pecuniary loss is $500 or more but less than $1,500;
23	23	(4) [(3)] a state jail felony if the amount of
24	24	pecuniary loss is $1,500 or more but less than $20,000;
25	25	(5) [(4)] a felony of the third degree if the amount of
26	26	pecuniary loss is $20,000 or more but less than $100,000;
27	27	(6) [(5)] a felony of the second degree if the amount
28	28	of pecuniary loss is $100,000 or more but less than $200,000; or
29	29	(7) [(6)] a felony of the first degree if the amount of
30	30	pecuniary loss is $200,000 or more.
31	31	(d) An offense under this section is a state jail felony if:
32	32	(1) the marking is made on a school, an institution of
33	33	higher education, a place of worship or human burial, a public
34	34	monument, or a community center that provides medical, social, or
35	35	educational programs; and
36	36	(2) the amount of the pecuniary loss to real property
37	37	or to tangible personal property is $500 or more but less than
38	38	$20,000.
39	39	SECTION 2. Article 14.06(d), Code of Criminal Procedure, is
40	40	amended to read as follows:
41	41	(d) Subsection (c) applies only to a person charged with
42	42	committing an offense under:
43	43	(1) Section 481.121, Health and Safety Code, if the
44	44	offense is punishable under Subsection (b)(1) or (2) of that
45	45	section;
46	46	(1-a) Section 481.1161, Health and Safety Code, if the
47	47	offense is punishable under Subsection (b)(1) or (2) of that
48	48	section;
49	49	(2) Section 28.03, Penal Code, if the offense is
50	50	punishable under Subsection (b)(2) of that section;
51	51	(3) Section 28.08, Penal Code, if the offense is
52	52	punishable under Subsection (b)(2) or (3) [(b)(1)] of that section;
53	53	(4) Section 31.03, Penal Code, if the offense is
54	54	punishable under Subsection (e)(2)(A) of that section;
55	55	(5) Section 31.04, Penal Code, if the offense is
56	56	punishable under Subsection (e)(2) of that section;
57	57	(6) Section 38.114, Penal Code, if the offense is
58	58	punishable as a Class B misdemeanor; or
59	59	(7) Section 521.457, Transportation Code.
60	60	SECTION 3. Chapter 32, Code of Criminal Procedure, is
61	61	amended by adding Article 32.03 to read as follows:
62	62	Art. 32.03. DISMISSAL OF CERTAIN GRAFFITI CHARGES ON
63	63	COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before
64	64	trial commences, on the joint motion of a defendant charged with an
65	65	offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal
66	66	Code, and the attorney representing the state, a court may defer
67	67	proceedings pending the defendant's completion of a pretrial
68	68	diversion program in which the defendant must:
69	69	(1) perform community service that:
70	70	(A) must, to the extent possible, include
71	71	graffiti removal; and
72	72	(B) may include outreach education focused on
73	73	graffiti prevention and eradication, youth mentoring in art-based
74	74	programs, mural painting, or another form of community service; and
75	75	(2) make restitution to the owner of the property on
76	76	which the defendant made markings, by:
77	77	(A) reimbursing the owner of the property for the
78	78	cost of restoring the property; or
79	79	(B) with the consent of the owner of the
80	80	property, personally restoring the property by removing or painting
81	81	over any markings the defendant made.
82	82	(b) The community service described by Subsection (a)(1)
83	83	must consist of:
84	84	(1) at least 25 hours and not more than 100 hours if
85	85	the offense is punishable under Section 28.08(b)(1), Penal Code;
86	86	(2) at least 50 hours and not more than 200 hours if
87	87	the offense is punishable under Section 28.08(b)(2), Penal Code;
88	88	(3) at least 75 hours and not more than 300 hours if
89	89	the offense is punishable under Section 28.08(b)(3), Penal Code;
90	90	and
91	91	(4) at least 100 hours and not more than 400 hours if
92	92	the offense is punishable under Section 28.08(b)(4) or (d), Penal
93	93	Code.
94	94	(c) A court that defers proceedings under Subsection (a)
95	95	shall set a reasonable date by which the defendant must complete the
96	96	program described in that subsection, which may be extended in the
97	97	court's discretion not later than one year after the date the
98	98	proceedings were deferred.
99	99	(d) A court shall dismiss the case if satisfactory evidence
100	100	is presented that the defendant successfully completed a program
101	101	under Subsection (a) by the date specified under Subsection (c).
102	102	SECTION 4. Subchapter A, Chapter 102, Code of Criminal
103	103	Procedure, is amended by adding Article 102.01215 to read as
104	104	follows:
105	105	Art. 102.01215. FEES FOR CERTAIN EXPENSES RELATED TO
106	106	GRAFFITI PRETRIAL DIVERSION PROGRAM. (a) A district attorney,
107	107	criminal district attorney, or county attorney may collect from any
108	108	defendant referred to a graffiti pretrial diversion program under
109	109	Article 32.03 fees in the following amounts:
110	110	(1) an amount not to exceed $500 to be used to
111	111	reimburse a county for expenses, including expenses of the district
112	112	attorney's, criminal district attorney's, or county attorney's
113	113	office, related to the defendant's participation in a graffiti
114	114	pretrial diversion program offered in that county; and
115	115	(2) the amount of $50 to be used for the prevention of
116	116	juvenile delinquency and for graffiti eradication.
117	117	(b) Fees collected under Subsection (a)(1) shall be
118	118	deposited in the county treasury to the credit of a special fund to
119	119	be used solely to administer the graffiti pretrial diversion
120	120	program.
121	121	(c) Fees collected under Subsection (a)(2) shall be
122	122	deposited in the county treasury to the credit of the county
123	123	juvenile delinquency prevention fund under Article 102.0171.
124	124	SECTION 5. Section 103.021, Government Code, is amended to
125	125	read as follows:
126	126	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL
127	127	CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a
128	128	party to a civil suit, as applicable, shall pay the following fees
129	129	and costs under the Code of Criminal Procedure if ordered by the
130	130	court or otherwise required:
131	131	(1) a personal bond fee (Art. 17.42, Code of Criminal
132	132	Procedure) . . . the greater of $20 or three percent of the amount
133	133	of the bail fixed for the accused;
134	134	(2) cost of electronic monitoring as a condition of
135	135	release on personal bond (Art. 17.43, Code of Criminal Procedure)
136	136	. . . actual cost;
137	137	(3) a fee for verification of and monitoring of motor
138	138	vehicle ignition interlock (Art. 17.441, Code of Criminal
139	139	Procedure) . . . not to exceed $10;
140	140	(3-a) costs associated with operating a global
141	141	positioning monitoring system as a condition of release on bond
142	142	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
143	143	subject to a determination of indigency;
144	144	(3-b) costs associated with providing a defendant's
145	145	victim with an electronic receptor device as a condition of the
146	146	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
147	147	Procedure) . . . actual costs, subject to a determination of
148	148	indigency;
149	149	(4) repayment of reward paid by a crime stoppers
150	150	organization on conviction of a felony (Art. 37.073, Code of
151	151	Criminal Procedure) . . . amount ordered;
152	152	(5) reimbursement to general revenue fund for payments
153	153	made to victim of an offense as condition of community supervision
154	154	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
155	155	a misdemeanor offense or $100 for a felony offense;
156	156	(6) payment to a crime stoppers organization as
157	157	condition of community supervision (Art. 42.12, Code of Criminal
158	158	Procedure) . . . not to exceed $50;
159	159	(7) children's advocacy center fee (Art. 42.12, Code
160	160	of Criminal Procedure) . . . not to exceed $50;
161	161	(8) family violence center fee (Art. 42.12, Code of
162	162	Criminal Procedure) . . . $100;
163	163	(9) community supervision fee (Art. 42.12, Code of
164	164	Criminal Procedure) . . . not less than $25 or more than $60 per
165	165	month;
166	166	(10) additional community supervision fee for certain
167	167	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
168	168	month;
169	169	(11) for certain financially able sex offenders as a
170	170	condition of community supervision, the costs of treatment,
171	171	specialized supervision, or rehabilitation (Art. 42.12, Code of
172	172	Criminal Procedure) . . . all or part of the reasonable and
173	173	necessary costs of the treatment, supervision, or rehabilitation as
174	174	determined by the judge;
175	175	(12) fee for failure to appear for trial in a justice
176	176	or municipal court if a jury trial is not waived (Art. 45.026, Code
177	177	of Criminal Procedure) . . . costs incurred for impaneling the
178	178	jury;
179	179	(13) costs of certain testing, assessments, or
180	180	programs during a deferral period (Art. 45.051, Code of Criminal
181	181	Procedure) . . . amount ordered;
182	182	(14) special expense on dismissal of certain
183	183	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
184	184	. . . not to exceed amount of fine assessed;
185	185	(15) an additional fee:
186	186	(A) for a copy of the defendant's driving record
187	187	to be requested from the Department of Public Safety by the judge
188	188	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
189	189	to the sum of the fee established by Section 521.048,
190	190	Transportation Code, and the state electronic Internet portal fee;
191	191	(B) as an administrative fee for requesting a
192	192	driving safety course or a course under the motorcycle operator
193	193	training and safety program for certain traffic offenses to cover
194	194	the cost of administering the article (Art. 45.0511(f)(1), Code of
195	195	Criminal Procedure) . . . not to exceed $10; or
196	196	(C) for requesting a driving safety course or a
197	197	course under the motorcycle operator training and safety program
198	198	before the final disposition of the case (Art. 45.0511(f)(2), Code
199	199	of Criminal Procedure) . . . not to exceed the maximum amount of the
200	200	fine for the offense committed by the defendant;
201	201	(16) a request fee for teen court program (Art.
202	202	45.052, Code of Criminal Procedure) . . . $20, if the court
203	203	ordering the fee is located in the Texas-Louisiana border region,
204	204	but otherwise not to exceed $10;
205	205	(17) a fee to cover costs of required duties of teen
206	206	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
207	207	court ordering the fee is located in the Texas-Louisiana border
208	208	region, but otherwise $10;
209	209	(18) a mileage fee for officer performing certain
210	210	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
211	211	mile;
212	212	(19) certified mailing of notice of hearing date (Art.
213	213	102.006, Code of Criminal Procedure) . . . $1, plus postage;
214	214	(20) certified mailing of certified copies of an order
215	215	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
216	216	plus postage;
217	217	(20-a) a fee to defray the cost of notifying state
218	218	agencies of orders of expungement (Art. 45.0216, Code of Criminal
219	219	Procedure) . . . $30 per application;
220	220	(20-b) a fee to defray the cost of notifying state
221	221	agencies of orders of expunction (Art. 45.055, Code of Criminal
222	222	Procedure) . . . $30 per application;
223	223	(21) sight orders:
224	224	(A) if the face amount of the check or sight order
225	225	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
226	226	. . . not to exceed $10;
227	227	(B) if the face amount of the check or sight order
228	228	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
229	229	Criminal Procedure) . . . not to exceed $15;
230	230	(C) if the face amount of the check or sight order
231	231	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
232	232	Criminal Procedure) . . . not to exceed $30;
233	233	(D) if the face amount of the check or sight order
234	234	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
235	235	Criminal Procedure) . . . not to exceed $50; and
236	236	(E) if the face amount of the check or sight order
237	237	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
238	238	. . . not to exceed $75;
239	239	(22) fees for [a] pretrial intervention or diversion
240	240	programs [program]:
241	241	(A) a supervision fee (Art. 102.012(a), Code of
242	242	Criminal Procedure) . . . $60 a month plus expenses; [and]
243	243	(B) a district attorney, criminal district
244	244	attorney, or county attorney administrative fee (Art. 102.0121,
245	245	Code of Criminal Procedure) . . . not to exceed $500;
246	246	(C) a district attorney, criminal district
247	247	attorney, or county attorney administrative fee (Art.
248	248	102.01215(a)(1), Code of Criminal Procedure) . . . not to exceed
249	249	$500; and
250	250	(D) a fee payable to the county juvenile
251	251	delinquency prevention fund (Art. 102.01215(a)(2), Code of
252	252	Criminal Procedure) . . . $50;
253	253	(23) parking fee violations for child safety fund in
254	254	municipalities with populations:
255	255	(A) greater than 850,000 (Art. 102.014, Code of
256	256	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
257	257	(B) less than 850,000 (Art. 102.014, Code of
258	258	Criminal Procedure) . . . not to exceed $5;
259	259	(24) an administrative fee for collection of fines,
260	260	fees, restitution, or other costs (Art. 102.072, Code of Criminal
261	261	Procedure) . . . not to exceed $2 for each transaction; and
262	262	(25) a collection fee, if authorized by the
263	263	commissioners court of a county or the governing body of a
264	264	municipality, for certain debts and accounts receivable, including
265	265	unpaid fines, fees, court costs, forfeited bonds, and restitution
266	266	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
267	267	percent of an amount more than 60 days past due.
268	268	SECTION 6. The change in law made by this Act applies only
269	269	to an offense committed on or after the effective date of this Act.
270	270	An offense committed before the effective date of this Act is
271	271	governed by the law in effect on the date the offense was committed,
272	272	and the former law is continued in effect for that purpose. For
273	273	purposes of this section, an offense was committed before the
274	274	effective date of this Act if any element of the offense occurred
275	275	before that date.
276	276	SECTION 7. This Act takes effect September 1, 2013.