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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 and the |
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creation of a graffiti pretrial diversion program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 28.08(b) and (d), Penal Code, are |
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amended to read as follows: |
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(b) Except as provided by Subsection (d), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the amount of pecuniary |
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loss is less than $200; |
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(2) a Class B misdemeanor if the amount of pecuniary |
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loss is $200 or more but less than $1,000 [$500]; |
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(3) [(2)] a Class A misdemeanor if the amount of |
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pecuniary loss is $1,000 [$500] or more but less than $3,000 |
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[$1,500]; |
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(4) [(3)] a state jail felony if the amount of |
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pecuniary loss is $3,000 [$1,500] or more but less than $20,000; |
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(5) [(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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(6) [(5)] a felony of the second degree if the amount |
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of pecuniary loss is $100,000 or more but less than $200,000; or |
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(7) [(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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(d) An offense under this section is a state jail felony if: |
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(1) the marking is made on a school, an institution of |
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higher education, a place of worship or human burial, a public |
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monument, or a community center that provides medical, social, or |
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educational programs; and |
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(2) the amount of the pecuniary loss to real property |
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or to tangible personal property is $1,500 or more but less than |
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$20,000. |
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SECTION 2. Article 14.06(d), Code of Criminal Procedure, is |
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amended to read as follows: |
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(d) Subsection (c) applies only to a person charged with |
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committing an offense under: |
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(1) Section 481.121, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(1-a) Section 481.1161, Health and Safety Code, if the |
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offense is punishable under Subsection (b)(1) or (2) of that |
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section; |
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(2) Section 28.03, Penal Code, if the offense is |
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punishable under Subsection (b)(2) of that section; |
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(3) Section 28.08, Penal Code, if the offense is |
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punishable under Subsection (b)(2) or (3) [(b)(1)] of that section; |
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(4) Section 31.03, Penal Code, if the offense is |
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punishable under Subsection (e)(2)(A) of that section; |
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(5) Section 31.04, Penal Code, if the offense is |
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punishable under Subsection (e)(2) of that section; |
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(6) Section 38.114, Penal Code, if the offense is |
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punishable as a Class B misdemeanor; or |
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(7) Section 521.457, Transportation Code. |
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SECTION 3. Chapter 32, Code of Criminal Procedure, is |
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amended by adding Article 32.03 to read as follows: |
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Art. 32.03. DISMISSAL OF CERTAIN GRAFFITI CHARGES ON |
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COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before |
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trial commences, on the joint motion of a defendant charged with an |
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offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal |
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Code, and the attorney representing the state, a court may defer |
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proceedings pending the defendant's completion of a pretrial |
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diversion program in which the defendant must: |
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(1) perform community service that: |
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(A) must, to the extent possible, include |
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graffiti removal; and |
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(B) may include outreach education focused on |
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graffiti prevention and eradication, youth mentoring in art-based |
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programs, mural painting, or another form of community service; and |
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(2) make restitution to the owner of the property on |
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which the defendant made markings, by: |
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(A) reimbursing the owner of the property for the |
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cost of restoring the property; or |
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(B) with the consent of the owner of the |
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property, personally restoring the property by removing or painting |
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over any markings the defendant made. |
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(b) The community service described by Subsection (a)(1) |
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must consist of: |
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(1) at least 25 hours and not more than 100 hours if |
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the offense is punishable under Section 28.08(b)(1), Penal Code; |
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(2) at least 50 hours and not more than 200 hours if |
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the offense is punishable under Section 28.08(b)(2), Penal Code; |
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(3) at least 75 hours and not more than 300 hours if |
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the offense is punishable under Section 28.08(b)(3), Penal Code; |
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and |
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(4) at least 100 hours and not more than 400 hours if |
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the offense is punishable under Section 28.08(b)(4) or (d), Penal |
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Code. |
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(c) A court that defers proceedings under Subsection (a) |
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shall set a reasonable date by which the defendant must complete the |
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program described in that subsection, which may be extended in the |
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court's discretion not later than one year after the date the |
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proceedings were deferred. |
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(d) A court shall dismiss the case if satisfactory evidence |
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is presented that the defendant successfully completed a program |
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under Subsection (a) by the date specified under Subsection (c). |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2013. |