AEZ C.S.H.B. 260 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 260
By: Pickett
3-18-97
Committee Report (Substituted)



BACKGROUND 

Currently, Section 28.03, Penal Code, does not include a definition of the
term "graffiti". As a result, District Attorneys responsible for the
prosecution of graffiti vandals find it difficult to adequately prosecute
and track these cases. 

PURPOSE

CSHB 260, as proposed, would add a new section to Chapter 28, Penal Code,
Graffiti  which defines "graffiti" and establishes punishments. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 28.03, Penal Code, Criminal Mischief by
deleting subsection (a)(3). 
   
SECTION 2.  Amends Chapter 28, Penal Code, ARSON, CRIMINAL MISCHIEF, AND
OTHER PROPERTY DAMAGE OR DESTRUCTION, by adding Section 28.08, Graffiti,
which establishes the following: 

(a) A person commits an offense who intentionally or  knowingly places
graffiti on property without the consent of the owner. 

(b) Graffiti is defined as a word, figure, mark, painting, covering,
drawing, slogan, design, etching, or other inscription. 

(c) If more than one item of property has graffiti placed on it belonging
to one or more owners, the conduct could be one offense, and the amount of
loss to the property may be aggregated in determining the grade of the
offense. 

(d) An offense under this subsection (except as provided by subsection (e)
is: 

 (1)  Class C misdemeanor for loss less than $20;
(2)  Class B misdemeanor if loss is $20 or more but less than $500;
(3)  Class A misdemeanor if loss is $500 or more but less than $1,500;
(4)  State Jail felony if loss is $1,500 or more but less than $20,000;
(5)  Third Degree felony if loss is $20,000 or more but less than $100,000;
(6)  Second Degree felony if loss is $100,000 or more but less than
$200,000; or 
(7)  First Degree felony if loss is $200,000 or more.

(e)  If the graffiti is placed on a place of worship or human burial, a
public monument, or a community center that provides medical, social, or
education programs and the loss to real or tangible personal property is
less than $20,000, the offense is a state jail felony.          

 SECTION 3. Change in law made by this Act applies only to an offense
committed on or after the effective date of this Act.   

SECTION 3.  Effective Date: September 1, 1997

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill amended Section 28.03, Penal Code, by amending
subsection (a) by striking the words "makes markings, including
inscriptions, slogans, drawings, or painting" and adding "graffiti" and
adding a new subsection (g) which defined the term graffiti.  The
substitute bill deletes subsection (a)(3). 

The substitute adds a new section to Chapter 28, Penal Code, 28.08
Graffiti that defines "graffiti" and adds a schedule of punishments for
intentionally or knowingly placing graffiti without the consent of the
owner(s).