Texas House Bill HB36

Texas 2013 - 83rd Regular

• Filed: 11/12/12

Caption

Relating to the criminal penalty for and certain civil consequences of damaging property with graffiti.

Impact

The bill not only aims to deter graffiti vandalism but also outlines specific consequences, including community service and potential jail time for those convicted. Importantly, if a child engages in such conduct, the juvenile court is mandated to order restitution and may require them to participate in personally restoring the property, provided they are physically capable. This emphasis on personal restoration seeks to instill a sense of responsibility in young offenders, potentially reducing recidivism rates by requiring engagement with the community they affected.

Summary

House Bill 36 addresses the criminal penalties and civil consequences related to damaging property with graffiti. It amends existing laws under Section 28.08 of the Penal Code, defining various levels of offenses depending on the amount of pecuniary loss caused by the graffiti. The bill classifies the offense as a Class B misdemeanor for damages under $500, escalating to felony charges for more significant damages, with stricter penalties for those with prior convictions of similar offenses. This creates a more structured approach to handling graffiti-related crimes, particularly with respect to property value and repeat offenses.

Contention

While the bill enjoys backing for its strict approach towards graffiti vandalism, concerns have been raised regarding the implications for young offenders. Critics of the bill argue that the requirement for personal restoration could place excessive burdens on juveniles who may not fully grasp the consequences of their actions. Moreover, the bill's impacts on cultural resource sites and historic structures draw further scrutiny as these amendments expand the scope of what constitutes graffiti-related offenses, effectively tightening regulations around property damage and community restoration.

Notable_points

The restructuring of penalties creates a tiered system aimed at discouraging repeat offenses. Furthermore, the definitions added for 'cultural resource site' and 'historic structure' signify the importance placed on preserving community heritage amidst efforts to combat graffiti. By clarifying these definitions, the bill aligns with broader legislative goals of protecting community values while addressing contemporary issues of property damage.