By Dukes, Tillery, Naishtat, Coleman, Maxey H.B. No. 1037
74R4091 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of a juvenile who damages property with
1-3 graffiti, to law enforcement records relating to a child who uses a
1-4 graffiti tag, and to the criminal responsibility of a parent for a
1-5 child's criminal mischief involving graffiti; providing a penalty.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 51.14, Family Code, is amended by
1-8 amending Subsection (c) and adding Subsection (f) to read as
1-9 follows:
1-10 (c) Except as provided by this subsection or Subsection (f),
1-11 law-enforcement files and records concerning a child shall be kept
1-12 separate from files and records of arrests of adults and shall be
1-13 maintained on a local basis only and not sent to a central state or
1-14 federal depository. The law-enforcement files and records of a
1-15 person who is transferred from the Texas Youth Commission to the
1-16 Texas Department of Corrections under a determinate sentence may be
1-17 transferred to a central state or federal depository for adult
1-18 records on or after the date of transfer. If a child has been
1-19 reported as missing by a parent, guardian, or conservator of that
1-20 child, has escaped from the custody of a juvenile detention
1-21 facility, the Texas Youth Commission, or any other agency to which
1-22 the child has been committed, or is the subject of a bench warrant
1-23 or felony arrest warrant issued by a court after the child has fled
1-24 the jurisdiction of the court, any information or records
2-1 concerning that child may be transferred to and disseminated by the
2-2 Texas Crime Information Center and the National Crime Information
2-3 Center.
2-4 (f) Law enforcement files and records concerning a child who
2-5 has been identified as using a graffiti tag may be exchanged with
2-6 other law enforcement agencies throughout the state. In this
2-7 subsection, "graffiti tag" means a personalized graffiti signature.
2-8 SECTION 2. Section 53.03, Family Code, is amended by adding
2-9 Subsections (f) and (g) to read as follows:
2-10 (f) If the child is alleged to have engaged in delinquent
2-11 conduct or conduct indicating a need for supervision that violates
2-12 Section 28.03(a)(3), Penal Code, an informal adjustment under this
2-13 section must involve:
2-14 (1) voluntary attendance in a class with instruction
2-15 in self-responsibility and empathy for a victim of an offense
2-16 conducted by a local juvenile probation department, if the class is
2-17 available; and
2-18 (2) voluntary restoration of the property damaged by
2-19 the child by removing or painting over any markings made by the
2-20 child, if the owner of the property consents to the restoration.
2-21 (g) A probation officer or other designated officer of the
2-22 court shall monitor the child's restoration of property under
2-23 Subsection (f)(2).
2-24 SECTION 3. Chapter 54, Family Code, is amended by adding
2-25 Section 54.044 to read as follows:
2-26 Sec. 54.044. CONDITIONS OF PROBATION FOR DAMAGING PROPERTY
2-27 WITH GRAFFITI. (a) If a juvenile court places on probation under
3-1 Section 54.04(d) a child adjudicated as having engaged in conduct
3-2 in violation of Section 28.03(a)(3), Penal Code, in addition to
3-3 other conditions of probation, the court shall, on request of the
3-4 owner of the property, order the child as a condition of probation
3-5 to restore the property by removing or painting over any markings
3-6 made by the child on the property.
3-7 (b) The probation officer charged with supervising the child
3-8 shall monitor the child's restoration of the property.
3-9 (c) In addition to a condition imposed under Subsection (a),
3-10 the court may require the child as a condition of probation to
3-11 attend a class with instruction in self-responsibility and empathy
3-12 for a victim of an offense conducted by a local juvenile probation
3-13 department.
3-14 SECTION 4. Chapter 25, Penal Code, is amended by adding
3-15 Section 25.09 to read as follows:
3-16 Sec. 25.09. CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S
3-17 CRIMINAL MISCHIEF. (a) In this section:
3-18 (1) "Child" means a person who is younger than 17
3-19 years of age.
3-20 (2) "Conduct indicating a need for supervision" has
3-21 the meaning assigned by Section 51.03(b), Family Code.
3-22 (3) "Delinquent conduct" has the meaning assigned by
3-23 Section 51.03(a), Family Code.
3-24 (4) "Parent" means a natural or adoptive parent,
3-25 stepparent, person in loco parentis, or legal guardian of the
3-26 person of the child.
3-27 (5) "Parental duty" means the continuous duty of a
4-1 parent to exercise reasonable control to prevent the parent's child
4-2 from engaging in delinquent conduct or conduct indicating a need
4-3 for supervision.
4-4 (b) A parent commits an offense if the parent recklessly or
4-5 with criminal negligence fails to perform a parental duty to
4-6 prevent the parent's child from engaging in delinquent conduct or
4-7 conduct indicating a need for supervision that violates Section
4-8 28.03(a)(3), if the child has previously been adjudicated under
4-9 Section 54.03, Family Code, as having engaged in conduct in
4-10 violation of Section 28.03(a)(3).
4-11 (c) An offense under this section is a Class B misdemeanor.
4-12 SECTION 5. Article 42.12, Code of Criminal Procedure, is
4-13 amended by adding Section 14A to read as follows:
4-14 Sec. 14A. PARENT FAILING TO PERFORM PARENTAL DUTY. In
4-15 addition to other conditions of community supervision, a court
4-16 granting community supervision to a defendant convicted of an
4-17 offense under Section 25.09, Penal Code, may require the defendant
4-18 as a condition of community supervision, if the court finds the
4-19 defendant is financially able, to pay restitution to the owner of
4-20 the property damaged by delinquent conduct or conduct indicating a
4-21 need for supervision that violates Section 28.03(a)(3), Penal Code,
4-22 committed by the defendant's child.
4-23 SECTION 6. (a) The change in law made by this Act applies
4-24 only to conduct violating a penal law of this state that occurs on
4-25 or after the effective date of this Act. For purposes of this
4-26 section, conduct occurs before the effective date of this Act if
4-27 any element of the conduct occurs before the effective date.
5-1 (b) Conduct that occurs before the effective date of this
5-2 Act is covered by the law in effect when the conduct occurred, and
5-3 the former law is continued in effect for that purpose.
5-4 SECTION 7. This Act takes effect September 1, 1995.
5-5 SECTION 8. The importance of this legislation and the
5-6 crowded condition of the calendars in both houses create an
5-7 emergency and an imperative public necessity that the
5-8 constitutional rule requiring bills to be read on three several
5-9 days in each house be suspended, and this rule is hereby suspended.