Texas 2015 - 84th Regular

Texas House Bill HB883 Compare Versions

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1	1	84R2474 MEW-F
2	2	By: Moody H.B. No. 883
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for the offense of graffiti and the
8	8	creation of a graffiti pretrial diversion program; authorizing a
9	9	fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 28.08(b) and (d), Penal Code, are
12	12	amended to read as follows:
13	13	(b) Except as provided by Subsection (d), an offense under
14	14	this section is:
15	15	(1) a Class C misdemeanor if the amount of pecuniary
16	16	loss is less than $50;
17	17	(2) a Class B misdemeanor if the amount of pecuniary
18	18	loss is $50 or more but less than $500;
19	19	(3) [(2)] a Class A misdemeanor if the amount of
20	20	pecuniary loss is $500 or more but less than $1,500;
21	21	(4) [(3)] a state jail felony if the amount of
22	22	pecuniary loss is $1,500 or more but less than $20,000;
23	23	(5) [(4)] a felony of the third degree if the amount of
24	24	pecuniary loss is $20,000 or more but less than $100,000;
25	25	(6) [(5)] a felony of the second degree if the amount
26	26	of pecuniary loss is $100,000 or more but less than $200,000; or
27	27	(7) [(6)] a felony of the first degree if the amount of
28	28	pecuniary loss is $200,000 or more.
29	29	(d) An offense under this section is a state jail felony if:
30	30	(1) the marking is made on a school, an institution of
31	31	higher education, a place of worship or human burial, a public
32	32	monument, or a community center that provides medical, social, or
33	33	educational programs; and
34	34	(2) the amount of the pecuniary loss to real property
35	35	or to tangible personal property is $500 or more but less than
36	36	$20,000.
37	37	SECTION 2. Article 14.06(d), Code of Criminal Procedure, is
38	38	amended to read as follows:
39	39	(d) Subsection (c) applies only to a person charged with
40	40	committing an offense under:
41	41	(1) Section 481.121, Health and Safety Code, if the
42	42	offense is punishable under Subsection (b)(1) or (2) of that
43	43	section;
44	44	(1-a) Section 481.1161, Health and Safety Code, if the
45	45	offense is punishable under Subsection (b)(1) or (2) of that
46	46	section;
47	47	(2) Section 28.03, Penal Code, if the offense is
48	48	punishable under Subsection (b)(2) of that section;
49	49	(3) Section 28.08, Penal Code, if the offense is
50	50	punishable under Subsection (b)(2) or (3) [(b)(1)] of that section;
51	51	(4) Section 31.03, Penal Code, if the offense is
52	52	punishable under Subsection (e)(2)(A) of that section;
53	53	(5) Section 31.04, Penal Code, if the offense is
54	54	punishable under Subsection (e)(2) of that section;
55	55	(6) Section 38.114, Penal Code, if the offense is
56	56	punishable as a Class B misdemeanor; or
57	57	(7) Section 521.457, Transportation Code.
58	58	SECTION 3. Chapter 32, Code of Criminal Procedure, is
59	59	amended by adding Article 32.03 to read as follows:
60	60	Art. 32.03. DISMISSAL OF CERTAIN GRAFFITI CHARGES ON
61	61	COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before
62	62	trial commences, on the joint motion of a defendant charged with an
63	63	offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal
64	64	Code, and the attorney representing the state, a court may defer
65	65	proceedings pending the defendant's completion of a pretrial
66	66	diversion program in which the defendant must:
67	67	(1) perform community service that:
68	68	(A) must, to the extent possible, include
69	69	graffiti removal; and
70	70	(B) may include outreach education focused on
71	71	graffiti prevention and eradication, youth mentoring in art-based
72	72	programs, mural painting, or another form of community service; and
73	73	(2) make restitution to the owner of the property on
74	74	which the defendant made markings, by:
75	75	(A) reimbursing the owner of the property for the
76	76	cost of restoring the property; or
77	77	(B) with the consent of the owner of the
78	78	property, personally restoring the property by removing or painting
79	79	over any markings the defendant made.
80	80	(b) The community service described by Subsection (a)(1)
81	81	must consist of:
82	82	(1) at least 25 hours and not more than 100 hours if
83	83	the offense is punishable under Section 28.08(b)(1), Penal Code;
84	84	(2) at least 50 hours and not more than 200 hours if
85	85	the offense is punishable under Section 28.08(b)(2), Penal Code;
86	86	(3) at least 75 hours and not more than 300 hours if
87	87	the offense is punishable under Section 28.08(b)(3), Penal Code;
88	88	and
89	89	(4) at least 100 hours and not more than 400 hours if
90	90	the offense is punishable under Section 28.08(b)(4) or (d), Penal
91	91	Code.
92	92	(c) A court that defers proceedings under Subsection (a)
93	93	shall set a reasonable date by which the defendant must complete the
94	94	program described in that subsection, which may be extended in the
95	95	court's discretion not later than one year after the date the
96	96	proceedings were deferred.
97	97	(d) A court shall dismiss the case if satisfactory evidence
98	98	is presented that the defendant successfully completed a program
99	99	under Subsection (a) by the date specified under Subsection (c).
100	100	SECTION 4. Article 102.012(b), Code of Criminal Procedure,
101	101	is amended to read as follows:
102	102	(b) In addition to or in lieu of the supervision fee
103	103	authorized by Subsection (a), the court may order the defendant to
104	104	pay or reimburse a community supervision and corrections department
105	105	for any other expense that is:
106	106	(1) incurred as a result of the defendant's
107	107	participation in the pretrial intervention program, other than an
108	108	expense described by Article 102.0121 or 102.0122; or
109	109	(2) necessary to the defendant's successful completion
110	110	of the program.
111	111	SECTION 5. Subchapter A, Chapter 102, Code of Criminal
112	112	Procedure, is amended by adding Article 102.0122 to read as
113	113	follows:
114	114	Art. 102.0122. FEES FOR CERTAIN EXPENSES RELATED TO
115	115	GRAFFITI PRETRIAL DIVERSION PROGRAM. (a) A district attorney,
116	116	criminal district attorney, or county attorney may collect from any
117	117	defendant referred to a graffiti pretrial diversion program under
118	118	Article 32.03 fees in the following amounts:
119	119	(1) an amount not to exceed $500 to be used to
120	120	reimburse a county for expenses, including expenses of the district
121	121	attorney's, criminal district attorney's, or county attorney's
122	122	office, related to the defendant's participation in a graffiti
123	123	pretrial diversion program offered in that county; and
124	124	(2) the amount of $50 to be used for the prevention of
125	125	juvenile delinquency and for graffiti eradication.
126	126	(b) Fees collected under Subsection (a)(1) shall be
127	127	deposited in the county treasury to the credit of a special fund to
128	128	be used solely to administer the graffiti pretrial diversion
129	129	program.
130	130	(c) Fees collected under Subsection (a)(2) shall be
131	131	deposited in the county treasury to the credit of the county
132	132	juvenile delinquency prevention fund under Article 102.0171.
133	133	SECTION 6. Section 103.021, Government Code, is amended to
134	134	read as follows:
135	135	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL
136	136	CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a
137	137	party to a civil suit, as applicable, shall pay the following fees
138	138	and costs under the Code of Criminal Procedure if ordered by the
139	139	court or otherwise required:
140	140	(1) a personal bond fee (Art. 17.42, Code of Criminal
141	141	Procedure) . . . the greater of $20 or three percent of the amount
142	142	of the bail fixed for the accused;
143	143	(2) cost of electronic monitoring as a condition of
144	144	release on personal bond (Art. 17.43, Code of Criminal Procedure)
145	145	. . . actual cost;
146	146	(3) a fee for verification of and monitoring of motor
147	147	vehicle ignition interlock (Art. 17.441, Code of Criminal
148	148	Procedure) . . . not to exceed $10;
149	149	(3-a) costs associated with operating a global
150	150	positioning monitoring system as a condition of release on bond
151	151	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
152	152	subject to a determination of indigency;
153	153	(3-b) costs associated with providing a defendant's
154	154	victim with an electronic receptor device as a condition of the
155	155	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
156	156	Procedure) . . . actual costs, subject to a determination of
157	157	indigency;
158	158	(4) repayment of reward paid by a crime stoppers
159	159	organization on conviction of a felony (Art. 37.073, Code of
160	160	Criminal Procedure) . . . amount ordered;
161	161	(5) reimbursement to general revenue fund for payments
162	162	made to victim of an offense as condition of community supervision
163	163	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
164	164	a misdemeanor offense or $100 for a felony offense;
165	165	(6) payment to a crime stoppers organization as
166	166	condition of community supervision (Art. 42.12, Code of Criminal
167	167	Procedure) . . . not to exceed $50;
168	168	(7) children's advocacy center fee (Art. 42.12, Code
169	169	of Criminal Procedure) . . . not to exceed $50;
170	170	(8) family violence center fee (Art. 42.12, Code of
171	171	Criminal Procedure) . . . $100;
172	172	(9) community supervision fee (Art. 42.12, Code of
173	173	Criminal Procedure) . . . not less than $25 or more than $60 per
174	174	month;
175	175	(10) additional community supervision fee for certain
176	176	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
177	177	month;
178	178	(11) for certain financially able sex offenders as a
179	179	condition of community supervision, the costs of treatment,
180	180	specialized supervision, or rehabilitation (Art. 42.12, Code of
181	181	Criminal Procedure) . . . all or part of the reasonable and
182	182	necessary costs of the treatment, supervision, or rehabilitation as
183	183	determined by the judge;
184	184	(12) fee for failure to appear for trial in a justice
185	185	or municipal court if a jury trial is not waived (Art. 45.026, Code
186	186	of Criminal Procedure) . . . costs incurred for impaneling the
187	187	jury;
188	188	(13) costs of certain testing, assessments, or
189	189	programs during a deferral period (Art. 45.051, Code of Criminal
190	190	Procedure) . . . amount ordered;
191	191	(14) special expense on dismissal of certain
192	192	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
193	193	. . . not to exceed amount of fine assessed;
194	194	(15) an additional fee:
195	195	(A) for a copy of the defendant's driving record
196	196	to be requested from the Department of Public Safety by the judge
197	197	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
198	198	to the sum of the fee established by Section 521.048,
199	199	Transportation Code, and the state electronic Internet portal fee;
200	200	(B) as an administrative fee for requesting a
201	201	driving safety course or a course under the motorcycle operator
202	202	training and safety program for certain traffic offenses to cover
203	203	the cost of administering the article (Art. 45.0511(f)(1), Code of
204	204	Criminal Procedure) . . . not to exceed $10; or
205	205	(C) for requesting a driving safety course or a
206	206	course under the motorcycle operator training and safety program
207	207	before the final disposition of the case (Art. 45.0511(f)(2), Code
208	208	of Criminal Procedure) . . . not to exceed the maximum amount of the
209	209	fine for the offense committed by the defendant;
210	210	(16) a request fee for teen court program (Art.
211	211	45.052, Code of Criminal Procedure) . . . $20, if the court
212	212	ordering the fee is located in the Texas-Louisiana border region,
213	213	but otherwise not to exceed $10;
214	214	(17) a fee to cover costs of required duties of teen
215	215	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
216	216	court ordering the fee is located in the Texas-Louisiana border
217	217	region, but otherwise $10;
218	218	(18) a mileage fee for officer performing certain
219	219	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
220	220	mile;
221	221	(19) certified mailing of notice of hearing date (Art.
222	222	102.006, Code of Criminal Procedure) . . . $1, plus postage;
223	223	(20) certified mailing of certified copies of an order
224	224	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
225	225	plus postage;
226	226	(20-a) a fee to defray the cost of notifying state
227	227	agencies of orders of expungement (Art. 45.0216, Code of Criminal
228	228	Procedure) . . . $30 per application;
229	229	(20-b) a fee to defray the cost of notifying state
230	230	agencies of orders of expunction (Art. 45.055, Code of Criminal
231	231	Procedure) . . . $30 per application;
232	232	(21) sight orders:
233	233	(A) if the face amount of the check or sight order
234	234	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
235	235	. . . not to exceed $10;
236	236	(B) if the face amount of the check or sight order
237	237	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
238	238	Criminal Procedure) . . . not to exceed $15;
239	239	(C) if the face amount of the check or sight order
240	240	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
241	241	Criminal Procedure) . . . not to exceed $30;
242	242	(D) if the face amount of the check or sight order
243	243	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
244	244	Criminal Procedure) . . . not to exceed $50; and
245	245	(E) if the face amount of the check or sight order
246	246	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
247	247	. . . not to exceed $75;
248	248	(22) fees for [a] pretrial intervention or diversion
249	249	programs [program]:
250	250	(A) a supervision fee (Art. 102.012(a), Code of
251	251	Criminal Procedure) . . . $60 a month plus expenses; [and]
252	252	(B) a district attorney, criminal district
253	253	attorney, or county attorney administrative fee (Art. 102.0121,
254	254	Code of Criminal Procedure) . . . not to exceed $500;
255	255	(C) a district attorney, criminal district
256	256	attorney, or county attorney administrative fee (Art.
257	257	102.0122(a)(1), Code of Criminal Procedure) . . . not to exceed
258	258	$500; and
259	259	(D) a fee payable to the county juvenile
260	260	delinquency prevention fund (Art. 102.0122(a)(2), Code of Criminal
261	261	Procedure) . . . $50;
262	262	(23) parking fee violations for child safety fund in
263	263	municipalities with populations:
264	264	(A) greater than 850,000 (Art. 102.014, Code of
265	265	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
266	266	(B) less than 850,000 (Art. 102.014, Code of
267	267	Criminal Procedure) . . . not to exceed $5;
268	268	(24) an administrative fee for collection of fines,
269	269	fees, restitution, or other costs (Art. 102.072, Code of Criminal
270	270	Procedure) . . . not to exceed $2 for each transaction; and
271	271	(25) a collection fee, if authorized by the
272	272	commissioners court of a county or the governing body of a
273	273	municipality, for certain debts and accounts receivable, including
274	274	unpaid fines, fees, court costs, forfeited bonds, and restitution
275	275	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
276	276	percent of an amount more than 60 days past due.
277	277	SECTION 7. The change in law made by this Act applies only
278	278	to an offense committed on or after the effective date of this Act.
279	279	An offense committed before the effective date of this Act is
280	280	governed by the law in effect on the date the offense was committed,
281	281	and the former law is continued in effect for that purpose. For
282	282	purposes of this section, an offense was committed before the
283	283	effective date of this Act if any element of the offense occurred
284	284	before that date.
285	285	SECTION 8. This Act takes effect September 1, 2015.