84R2474 MEW-F
By: Moody H.B. No. 883
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; authorizing a
fee.
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 $50;
(2) a Class B misdemeanor if the amount of pecuniary
loss is $50 or more but less than $500;
(3) [(2)] a Class A misdemeanor if the amount of
pecuniary loss is $500 or more but less than $1,500;
(4) [(3)] a state jail felony if the amount of
pecuniary loss is $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 $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. Article 102.012(b), Code of Criminal Procedure,
is amended to read as follows:
(b) In addition to or in lieu of the supervision fee
authorized by Subsection (a), the court may order the defendant to
pay or reimburse a community supervision and corrections department
for any other expense that is:
(1) incurred as a result of the defendant's
participation in the pretrial intervention program, other than an
expense described by Article 102.0121 or 102.0122; or
(2) necessary to the defendant's successful completion
of the program.
SECTION 5. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.0122 to read as
follows:
Art. 102.0122. FEES FOR CERTAIN EXPENSES RELATED TO
GRAFFITI PRETRIAL DIVERSION PROGRAM. (a) A district attorney,
criminal district attorney, or county attorney may collect from any
defendant referred to a graffiti pretrial diversion program under
Article 32.03 fees in the following amounts:
(1) an amount not to exceed $500 to be used to
reimburse a county for expenses, including expenses of the district
attorney's, criminal district attorney's, or county attorney's
office, related to the defendant's participation in a graffiti
pretrial diversion program offered in that county; and
(2) the amount of $50 to be used for the prevention of
juvenile delinquency and for graffiti eradication.
(b) Fees collected under Subsection (a)(1) shall be
deposited in the county treasury to the credit of a special fund to
be used solely to administer the graffiti pretrial diversion
program.
(c) Fees collected under Subsection (a)(2) shall be
deposited in the county treasury to the credit of the county
juvenile delinquency prevention fund under Article 102.0171.
SECTION 6. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL
CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following fees
and costs under the Code of Criminal Procedure if ordered by the
court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for [a] pretrial intervention or diversion
programs [program]:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; [and]
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(C) a district attorney, criminal district
attorney, or county attorney administrative fee (Art.
102.0122(a)(1), Code of Criminal Procedure) . . . not to exceed
$500; and
(D) a fee payable to the county juvenile
delinquency prevention fund (Art. 102.0122(a)(2), Code of Criminal
Procedure) . . . $50;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; and
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due.
SECTION 7. 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 8. This Act takes effect September 1, 2015.