CN C.S.S.B. 758 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES C.S.S.B. 758 By: SHAPLEIGH (SERNA) 4-17-97 Committee Report (Substituted) BACKGROUND Currently, there are limited penalties for persons who paint graffiti. Limited graffiti cleanup funds and the unregulated access to aerosol paint continue to hamper statewide efforts to eradicate graffiti. This bill will increase criminal penalties for graffiti offenders, create a graffiti eradication fund, and require businesses to restrict access to aerosol paint. PURPOSE As proposed, C.S.S.B. 758 increases criminal penalties for graffiti offenders, creates a graffiti eradication fund, and requires businesses to restrict access to aerosol paint. 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, by: Amending (a), providing 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. Amending (b), redesignating the Subsection references as (a)1 and (a)2, continues with current law delineating the various categories of offenses as provided under current law. Adding new (c) where an offense under Subsection (a)(3) is a Class B misdemeanor, Class A misdemeanor, state jail felony, third degree felony, second degree felony, or first degree felony. Provides for the dollar loss amount to qualify as an one of the listed offenses. Redesignates (d), (e) and (f) accordingly. Amending (d), stating that except as provided by Subsection (h), an offense is a state jail felony under certain circumstances. Adding new (h), whereby (g) does not apply to the punishment for an offense under Subsection (a) (3) if the amount of pecuniary loss is $1500 to $20,000. Adding new (i), defining "graffiti". SECTION 2. Amends Chapter 102A, Code of Criminal Procedure, by adding Article 102.0171, as follows: Art. 102.0171. COURT COSTS: GRAFFITI ERADICATION FUNDS. Sets forth procedures for assessment and administration of a graffiti eradication fee charged to a defendant convicted of an offense under Section 28.03(a)(3). SECTION 3. Amends Section 54.042, Family Code: Amends (a)(1), where a juvenile court, in a disposition hearing under Section 54.04, shall order the Department of Public Safety (DPS) to suspend a child's driver's license or permit, or if the child does not have a license or permit, shall order DPS to deny the issuance of a license or permit to the child if the court finds that the child has engaged in conduct that violates a law of this state enumerated in Section 521.342(a), Transportation Code, rather than Section 24(a-1), Article 6687b, V.T.C.S.. Amends (a)(2), requiring a juvenile court to notify DPS of the adjudication, if the court finds that the child has engaged in conduct that violates a law of this state enumerated in Section 521.372(a), Transportation Code, rather than 24B(b), Article 6687b, V.T.C.S. Adds new (b) where a juvenile court may order DPS to suspend a child's driver's license, or permit, or if the child does not have a license or permit, to deny issuance, if the child has engaged in conduct violating Section 28.03 (a)(3), Penal Code. Redesignates (c), adds new (d) specifying a certain period of suspension or denial. Makes conforming and nonsubstantive changes to (e), (f) and (g). SECTION 4. Amends Chapter 485B, Health and Safety Code, by adding Section 485.019, as follows: Sec. 485.019. RESTRICTION OF ACCESS TO AEROSOL PAINT. Requires a business establishment that holds a permit under Section 485.012 and that displays aerosol paint to meet certain requirements in the display of the paint. Provides that this section does not apply to a business establishment that has in place a computerized checkout system at the point of sale for merchandise that alerts the cashier that a person purchasing aerosol paint must be over 18 years of age. Sets forth penalties for violations of this section. Requires a penalty collected under this section to be sent to the comptroller for deposit in the state treasury to the credit of the general revenue fund. SECTION 5. Amends Chapter 521O, Transportation Code, by adding Section 521.348, as follows: Sec. 521.348. SUSPENSION FOR CERTAIN CRIMINAL MISCHIEF; LICENSE DENIAL. Provides that the court may order the department to suspend a person's driver's license on conviction of an offense under Section 28.03(a)(3), Penal Code. Sets forth regulations for reinstatement or issuance of a driver's license to a person convicted of an offense under Section 28.03(a)(3), Penal Code. Provides that a person whose license is suspended under Subsection (a) remains eligible to receive an occupational license under Chapter 521L. Provides that, for the purposes of this section, a person is convicted of an offense regardless of whether sentence is imposed or the person is placed on community supervision for the offense under Article 42.12, Code of Criminal Procedure. SECTION 6. Makes application of this Act prospective. SECTION 7. Effective date: September 1, 1997. SECTION 8. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1. The original addition of (g) to Section 28.03, Penal Code, providing for the increase in punishment to the next highest category of offense if the graffiti is placed on public property is struck in the substitute. The original addition of (h)(2)to Section 28.03, Penal Code, defining "public property" is struck in the substitute. Original definition of "graffiti," added as (h)(1), is redesignated as new (i) in the substitute. The substitute adds new subsection 28.03(c), Penal Code, where an offense under Subsection (a) (3) is a Class B misdemeanor, Class A misdemeanor, state jail felony, third degree felony, second degree felony, or first degree felony. Provides for the dollar loss amount to qualify an offense as one listed in the Subsection. The substitute adds new 28.03(h), Penal Code, whereby (g) does not apply to the punishment for an offense under Subsection (a) (3) if the amount of pecuniary loss is $1500 to $20,000. SECTION 2. Remains unchanged from the original to the substitute. SECTION 3. The substitute strikes 54.042 (a)(1)(B), Family Code, referencing Section 28.03(a)(3), Penal Code, from the original. Makes conforming changes. The substitute adds a new 54.042(b), Family Code, where a juvenile court may order DPS to suspend a child's driver's license, or permit, or if the child does not have a license or permit, to deny issuance, if the child has engaged in conduct violating Section 28.03 (a)(3), Penal Code. The substitute Redesignates 54.042(c), Family Code, in the original as (d), referring to the length of suspension or denial of a driver's license. Redesignates subsections accordingly. SECTION 4. The substitute changes new Section 485.019(f), Health and Safety Code, from the original to state that the attorney general may file a suit, and does not require a request to the A.G. by the district attorney or the county attorney from the county where the offense occurred. SECTION 5. The substitute adds new Section 521.314, Transportation Code, SUSPENSION FOR CERTAIN CRIMINAL MISCHIEF, and strikes the insertion of this text in Subchapter O, Chapter 521, Transportation Code. New Section 521.314, Transportation Code is identical to Section 521.348 in the original, excepting that in (a) the court may order the department to suspend a driver's license, or in (b) may order the department to deny an application for issuance or reinstatement of a driver's license. The substitute strikes the automatic suspension of a driver's license and strikes " the department may not reinstate or issue driver's license.....". SECTION 6. Remains unchanged from the original to the substitute. SECTION 7. Remains unchanged from the original to the substitute. SECTION 8. Remains unchanged from the original to the substitute.