SRC-CDH H.B. 260 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 260
By: Pickett (Shapleigh)
Criminal Justice
5-4-97
Engrossed


DIGEST 

Currently, Section 28.03 of the Penal Code, regarding criminal mischief,
contains no provisions concerning graffiti.  Instead, this section
establishes the offense of intentionally making markings, including
inscriptions, slogans, drawings, or paintings, on tangible property
without the effective consent of the owner.  As a result, district
attorneys responsible for the prosecution of graffiti vandals find it
difficult to adequately prosecute and track these cases.  H.B. 260 defines
"graffiti"; creates the offense of intentionally or knowingly placing
graffiti on tangible property without the consent of the owner; and
provides penalties.  

PURPOSE

As proposed, H.B. 260 establishes certain offenses involving criminal
mischief and graffiti, and provides penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.03(a), Penal Code, to provide that a person
commits an offense if, without the effective consent of the owner, the
person intentionally or knowingly makes markings, including inscriptions,
slogans, drawings, or paintings, other than graffiti, on the tangible
property of the owner.   

SECTION 2. Amends Chapter 28, Penal Code, by adding Section 28.08, as
follows: 

Sec. 28.08.  GRAFFITI.  Establishes that a person commits an offense if,
without the effective consent of the owner, the person intentionally or
knowingly places graffiti on the tangible property of the owner.  Defines
"graffiti."  Sets forth the procedure for considering and penalizing one
scheme or continuing course of conduct in violation of this section.
Provides that an offense under this section ranges from a Class C
misdemeanor to a first degree felony, depending on the amount of pecuniary
loss to property.  Establishes that an offense under this section is a
state jail felony if the graffiti is placed on a place of worship or human
burial, a public monument, or a community center, and the amount of the
pecuniary loss is less than $20,000. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.