By Pickett, Munoz H.B. No. 1861
74R6509 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to punishment for the offense of criminal mischief and
1-3 certain civil consequences of engaging in criminal mischief.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28.03, Penal Code, is amended by amending
1-6 Subsections (a) and (b) and adding Subsection (g) to read as
1-7 follows:
1-8 (a) A person commits an offense if, without the effective
1-9 consent of the owner:
1-10 (1) he intentionally or knowingly damages or destroys
1-11 the tangible property of the owner;
1-12 (2) he intentionally or knowingly tampers with the
1-13 tangible property of the owner and causes pecuniary loss or
1-14 substantial inconvenience to the owner or a third person; or
1-15 (3) he intentionally or knowingly places graffiti
1-16 <makes markings, including inscriptions, slogans, drawings, or
1-17 paintings,> on the tangible property of the owner and causes a
1-18 pecuniary loss.
1-19 (b) Except as provided by Subsection (f), an offense under
1-20 this section is:
1-21 (1) <a Class C misdemeanor if:>
1-22 <(A) the amount of pecuniary loss is less than
1-23 $20; or>
1-24 <(B) except as provided in Subdivision (3)(B),
2-1 it causes substantial inconvenience to others;>
2-2 <(2)> a Class B misdemeanor if:
2-3 (A) the amount of pecuniary loss is <$20 or more
2-4 but> less than $500; or
2-5 (B) except as provided by Subdivision (2)(B),
2-6 the offense causes substantial inconvenience to others;
2-7 (2) <(3)> a Class A misdemeanor if the amount of
2-8 pecuniary loss is:
2-9 (A) $500 or more but less than $1,500; or
2-10 (B) less than $1,500 and the actor causes in
2-11 whole or in part impairment or interruption of public
2-12 communications, public transportation, public water, gas, or power
2-13 supply, or other public service, or causes to be diverted in whole,
2-14 in part, or in any manner, including installation or removal of any
2-15 device for any such purpose, any public communications, public
2-16 water, gas, or power supply;
2-17 (3) <(4)> a state jail felony if the amount of
2-18 pecuniary loss is $1,500 or more but less than $20,000;
2-19 (4) <(5)> a felony of the third degree if the amount
2-20 of the pecuniary loss is $20,000 or more but less than $100,000;
2-21 (5) <(6)> a felony of the second degree if the amount
2-22 of pecuniary loss is $100,000 or more but less than $200,000; or
2-23 (6) <(7)> a felony of the first degree if the amount
2-24 of pecuniary loss is $200,000 or more.
2-25 (g) In this section, "graffiti" means a word, figure, mark,
2-26 painting, covering, drawing, slogan, design, or other inscription.
2-27 SECTION 2. Section 54.042, Family Code, is amended to read
3-1 as follows:
3-2 Sec. 54.042. LICENSE SUSPENSION. (a) A juvenile court, in
3-3 a disposition hearing under Section 54.04 of this code, shall:
3-4 (1) order the Department of Public Safety to suspend a
3-5 child's driver's license or permit, or if the child does not have a
3-6 license or permit, to deny the issuance of a license or permit to
3-7 the child if the court finds that the child has engaged in conduct
3-8 that violates:
3-9 (A) a law of this state enumerated in Section
3-10 24(a-1), Chapter 173, Acts of the 47th Legislature, Regular
3-11 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes); or
3-12 (B) Section 28.03(a)(3), Penal Code; or
3-13 (2) notify the Department of Public Safety of the
3-14 adjudication, if the court finds that the child has engaged in
3-15 conduct that violates a law of this state enumerated in Section
3-16 24B(b), Chapter 173, Acts of the 47th Legislature, Regular Session,
3-17 1941 (Article 6687b, Vernon's Texas Civil Statutes).
3-18 (b) The order under Subsection (a)(1)(A) of this section
3-19 shall specify a period of suspension or denial that is:
3-20 (1) until the child reaches the age of 17 or for a
3-21 period of 365 days, whichever is longer; or
3-22 (2) if the court finds that the child has engaged in
3-23 conduct violating the laws of this state prohibiting driving while
3-24 intoxicated, by reason of the introduction of alcohol into the
3-25 body, under Article 6701l-1, Revised Statutes, and also determines
3-26 that the child has previously been found to have engaged in conduct
3-27 violating the same laws, until the child reaches the age of 19 or
4-1 for a period of 365 days, whichever is longer.
4-2 (c) The order under Subsection (a)(1)(B) of this section
4-3 shall specify a period of suspension or denial that is:
4-4 (1) for a period of 365 days; or
4-5 (2) if the court finds that the child has been
4-6 previously adjudicated as having engaged in conduct violating
4-7 Section 28.03(a)(3), Penal Code, until the child reaches age 19 or
4-8 for a period of 365 days, whichever is longer.
4-9 (d) A child whose driver's license or permit has been
4-10 suspended or denied pursuant to this section may, if the child is
4-11 otherwise eligible for, and fulfils the requirements for issuance
4-12 of, a provisional driver's license or permit under Chapter 173,
4-13 Acts of the 47th Legislature, Regular Session, 1941, as amended
4-14 (Article 6687b, Vernon's Texas Civil Statutes), apply for and
4-15 receive an occupational license in accordance with the provisions
4-16 of Section 23A, Chapter 173, Acts of the 47th Legislature, Regular
4-17 Session, 1941, as amended (Article 6687b, Vernon's Texas Civil
4-18 Statutes).
4-19 (e) <(d)> A juvenile court, in a disposition hearing under
4-20 Section 54.04 of this code, may order the Department of Public
4-21 Safety to suspend a child's driver's license or permit or, if the
4-22 child does not have a license or permit, to deny the issuance of a
4-23 license or permit to the child for a period not to exceed six
4-24 months if the court finds that the child has engaged in conduct in
4-25 need of supervision or delinquent conduct other than the conduct
4-26 described by Subsection (a) of this section.
4-27 (f) <(e)> A juvenile court that places a child on probation
5-1 under Section 54.04 of this code may require as a reasonable
5-2 condition of the probation that if the child violates the
5-3 probation, the court may order the Department of Public Safety to
5-4 suspend the child's driver's license or permit or, if the child
5-5 does not have a license or permit, to deny the issuance of a
5-6 license or permit to the child for a period not to exceed six
5-7 months. The court may make this order if a child that is on
5-8 probation under this condition violates the probation. A
5-9 suspension under this subsection is cumulative of any other
5-10 suspension under this section.
5-11 SECTION 3. Chapter 173, Acts of the 47th Legislature,
5-12 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
5-13 Statutes), is amended by adding Section 24C to read as follows:
5-14 Sec. 24C. AUTOMATIC SUSPENSION FOR CRIMINAL MISCHIEF;
5-15 LICENSE DENIAL. (a) A person's driver's license is automatically
5-16 suspended on conviction of an offense under Section 28.03(a)(3),
5-17 Penal Code.
5-18 (b) The department may not reinstate or issue a driver's
5-19 license to a person convicted of an offense under Section
5-20 28.03(a)(3), Penal Code, who, on the date of the conviction, did
5-21 not hold a driver's license.
5-22 (c) The period of suspension under this section is one year
5-23 after the date of a final conviction. The period of license denial
5-24 is one year after the date the person applies to the department for
5-25 reinstatement or issuance of a driver's license.
5-26 (d) The department may not reinstate a driver's license
5-27 suspended under Subsection (a) of this section unless the person
6-1 whose license was suspended applies to the department for
6-2 reinstatement.
6-3 (e) A person whose license is suspended under Subsection (a)
6-4 of this section remains eligible to receive an occupational license
6-5 under Section 23A of this Act.
6-6 (f) For the purposes of this section, a person is convicted
6-7 of an offense regardless of whether sentence is imposed or the
6-8 person is placed on community supervision for the offense under
6-9 Article 42.12, Code of Criminal Procedure.
6-10 (g) The department shall suspend or deny the issuance of a
6-11 license of a person on receiving an order from a juvenile court
6-12 under Section 54.042, Family Code, to suspend or deny the person's
6-13 license. The period of suspension or denial shall be for the
6-14 period specified in the order.
6-15 SECTION 4. (a) The change in law made by this Act applies
6-16 only to an offense committed or, for the purposes of Title 3,
6-17 Family Code, to conduct that occurs on or after the effective date
6-18 of this Act. For purposes of this section, an offense is committed
6-19 before the effective date of this Act if any element of the offense
6-20 occurs before the effective date. Conduct violating a penal law of
6-21 this state occurs on or after the effective date of this Act if
6-22 every element of the violation occurs on or after that date.
6-23 (b) An offense committed before the effective date of this
6-24 Act is covered by the law in effect when the offense was committed,
6-25 and the former law is continued in effect for that purpose.
6-26 Conduct that occurs before the effective date of this Act is
6-27 covered by the law in effect at the time the conduct occurred, and
7-1 the former law is continued in effect for that purpose.
7-2 SECTION 5. This Act takes effect September 1, 1995.
7-3 SECTION 6. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended.