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.