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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of graffiti. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.08, Penal Code, is amended by |
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amending Subsections (b), (c), and (d) and adding Subsection (b-1) |
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to read as follows: |
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(b) Except as provided by Subsection (c) [(d)], an offense |
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under this section is[:
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[(1)] a Class A [B] misdemeanor, except that the |
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offense is a state jail felony if the marking is made on a school, an |
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institution of higher education, a place of worship or human |
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burial, a public monument, a government building, or a community |
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center that provides medical, social, or educational programs [if
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the amount of pecuniary loss is less than $500;
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[(2) a Class A misdemeanor if the amount of pecuniary
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loss is $500 or more but less than $1,500;
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[(3) a state jail felony if the amount of pecuniary
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loss is $1,500 or more but less than $20,000;
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[(4) a felony of the third degree if the amount of
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pecuniary loss is $20,000 or more but less than $100,000;
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[(5) a felony of the second degree if the amount of
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pecuniary loss is $100,000 or more but less than $200,000; or
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[(6) a felony of the first degree if the amount of
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pecuniary loss is $200,000 or more]. |
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(b-1) The minimum term of confinement for an offense under |
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this section is 72 hours. |
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(c) An offense under this section is increased to the next |
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higher category of offense if it is shown on the trial of the |
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offense that the defendant has been previously convicted of an |
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offense under this section. [When more than one item of tangible
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property, belonging to one or more owners, is marked in violation of
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this section pursuant to one scheme or continuing course of
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conduct, the conduct may be considered as one offense, and the
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amounts of pecuniary loss to property resulting from the marking of
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the property may be aggregated in determining the grade of the
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offense.] |
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(d) For the purposes of Subsection (c) [An offense under
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this section is a state jail felony if]: |
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(1) a defendant has been previously convicted of an |
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offense under this section if the defendant was adjudged guilty of |
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the offense or entered a plea of guilty or nolo contendere in return |
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for a grant of deferred adjudication, regardless of whether the |
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sentence for the offense was ever imposed or whether the sentence |
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was probated and the defendant was subsequently discharged from |
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community supervision [the marking is made on a school, an
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institution of higher education, a place of worship or human
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burial, a public monument, or a community center that provides
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medical, social, or educational programs]; and |
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(2) a conviction under the laws of another state for an |
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offense containing elements that are substantially similar to the |
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elements of an offense under this section is a conviction of an |
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offense under this section [the amount of the pecuniary loss to real
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property or to tangible personal property is less than $20,000]. |
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SECTION 2. Section 125.061(3), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(3) "Gang activity" means the following types of |
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conduct: |
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(A) organized criminal activity as described by |
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Section 71.02, Penal Code; |
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(B) terroristic threat as described by Section |
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22.07, Penal Code; |
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(C) coercing, soliciting, or inducing gang |
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membership as described by Section 71.022 [22.015], Penal Code; |
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(D) criminal trespass as described by Section |
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30.05, Penal Code; |
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(E) disorderly conduct as described by Section |
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42.01, Penal Code; |
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(F) criminal mischief as described by Section |
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28.03, Penal Code, that causes a pecuniary loss of $500 or more; |
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(G) a graffiti offense in violation of Section |
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28.08, Penal Code, that: |
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(i) causes a pecuniary loss of $500 or more; |
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or |
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(ii) occurs at a school, an institution of |
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higher education, a place of worship or human cemetery, a public |
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monument, a government building, or a community center that |
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provides medical, social, or educational programs; |
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(H) a weapons offense in violation of Chapter 46, |
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Penal Code; or |
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(I) unlawful possession of a substance or other |
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item in violation of Chapter 481, Health and Safety Code. |
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SECTION 3. Section 521.320, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.320. SUSPENSION FOR CONVICTION OR ADJUDICATION |
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INVOLVING GRAFFITI [CERTAIN CRIMINAL MISCHIEF]; LICENSE DENIAL. |
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(a) A court shall [may] order the department to suspend a person's |
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driver's license on conviction of an offense under Section 28.08, |
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Penal Code. A juvenile court shall order the department to suspend |
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a person's provisional license or driver's license if the person has |
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been adjudicated to have engaged in delinquent conduct that |
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violates Section 28.08, Penal Code. |
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(b) A court shall [may] order the department to deny an |
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application for reinstatement or issuance of a driver's license to |
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a person convicted of an offense under Section 28.08, Penal Code, |
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who, on the date of the conviction, did not hold a driver's license. |
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A juvenile court shall order the department to deny an application |
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for reinstatement or issuance of a provisional license or driver's |
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license to a person who has been adjudicated to have engaged in |
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delinquent conduct that violates Section 28.08, Penal Code, and |
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who, on the date of the adjudication, did not hold a provisional |
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license or driver's license. |
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(c) The period of suspension under this section is two years |
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[one year] after the date of a final conviction or the date on which |
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the disposition is made, as applicable. The period of license |
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denial is two years [one year] after the date the person applies to |
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the department for reinstatement or issuance of a provisional |
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license or driver's license. |
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(d) The department may not reinstate a provisional license |
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or driver's license suspended under Subsection (a) unless the |
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person whose license was suspended applies to the department for |
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reinstatement. |
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(e) A person whose license is suspended under Subsection (a) |
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remains eligible to receive an occupational license under |
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Subchapter L or a hardship license under Section 521.223. |
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(f) For the purposes of this section, a person is convicted |
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of an offense regardless of whether the sentence is imposed or the |
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person is placed on community supervision for the offense under |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 4. The changes in law made by this Act in amending |
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Section 28.08, Penal Code, and Section 521.320, Transportation |
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Code, apply only to an offense committed on or after the effective |
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date of this Act. An offense committed before the effective date of |
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this Act is governed by the law in effect when the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 5. The change in law made by this Act in amending |
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Section 125.061, Civil Practice and Remedies Code, applies only to |
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a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrued before the effective date |
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of this Act is governed by the law in effect immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 6. This Act takes effect September 1, 2011. |