Enrolled Bill Summary

            Senate Bill 758 amends the Penal Code to create the offense of graffiti and to provide penalties ranging from a Class B misdemeanor to a felony of the first degree, depending on the amount of pecuniary loss. The act provides that an offense of graffiti is a state jail felony if the marking is made on a place of worship or human burial, a public monument, or a community center and the amount of pecuniary loss to property is less than $20,000. The act amends the Code of Criminal Procedure to require that a person convicted of the offense of graffiti pay a $5 graffiti eradication fee as a cost of court and authorizes the creation of a municipal or county graffiti eradication fund. The court may order the Department of Public Safety to suspend or deny the reinstatement or issuance of a person's driver's license on conviction of the offense of graffiti. As a condition of probation to a child adjudicated as having engaged in conduct in violation of the graffiti statute, the juvenile court may order the child to restore the property by removing or painting over any markings made on the property and to attend a class with instruction in self-responsibility and empathy for a victim of an offense.

            In addition, the act amends the Health and Safety Code to require that businesses control access to aerosol paints and places restrictions on their display. It provides an exemption for a business that has a computerized checkout system that alerts the cashier that a person purchasing aerosol paint must be over 18 years of age and provides penalties and injunctive relief for violations.