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).