By Pickett, et al. H.B. No. 260 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain offenses involving criminal mischief and 1-3 graffiti; providing penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 28.03(a), Penal Code, is amended to read 1-6 as follows: 1-7 (a) A person commits an offense if, without the effective 1-8 consent of the owner: 1-9 (1) he intentionally or knowingly damages or destroys 1-10 the tangible property of the owner; 1-11 (2) he intentionally or knowingly tampers with the 1-12 tangible property of the owner and causes pecuniary loss or 1-13 substantial inconvenience to the owner or a third person; or 1-14 (3) he intentionally or knowingly makes markings, 1-15 including inscriptions, slogans, drawings, or paintings, other than 1-16 graffiti, on the tangible property of the owner. 1-17 SECTION 2. Chapter 28, Penal Code, is amended by adding 1-18 Section 28.08 to read as follows: 1-19 Sec. 28.08. GRAFFITI. (a) A person commits an offense if, 1-20 without the effective consent of the owner, the person 1-21 intentionally or knowingly places graffiti on the tangible property 1-22 of the owner. 1-23 (b) In this section, "graffiti" means a word, figure, mark, 1-24 painting, covering, drawing, slogan, design, etching, or other 2-1 inscription. 2-2 (c) When more than one item of tangible property, belonging 2-3 to one or more owners, is property on which graffiti is placed in 2-4 violation of this section pursuant to one scheme or continuing 2-5 course of conduct, the conduct may be considered as one offense, 2-6 and the amounts of pecuniary loss to property resulting from the 2-7 placement of the graffiti may be aggregated in determining the 2-8 grade of the offense. 2-9 (d) Except as provided by Subsection (e), an offense under 2-10 this section is: 2-11 (1) a Class C misdemeanor if the amount of pecuniary 2-12 loss is less than $20; 2-13 (2) a Class B misdemeanor if the amount of pecuniary 2-14 loss is $20 or more but less than $500; 2-15 (3) a Class A misdemeanor if the amount of pecuniary 2-16 loss is $500 or more but less than $1,500; 2-17 (4) a state jail felony if the amount of pecuniary 2-18 loss is $1,500 or more but less than $20,000; 2-19 (5) a felony of the third degree if the amount of the 2-20 pecuniary loss is $20,000 or more but less than $100,000; 2-21 (6) a felony of the second degree if the amount of 2-22 pecuniary loss is $100,000 or more but less than $200,000; or 2-23 (7) a felony of the first degree if the amount of 2-24 pecuniary loss is $200,000 or more. 2-25 (e) An offense under this section is a state jail felony if 2-26 the graffiti is placed on a place of worship or human burial, a 2-27 public monument, or a community center that provides medical, 3-1 social, or educational programs and the amount of the pecuniary 3-2 loss to real property or to tangible personal property is less than 3-3 $20,000. 3-4 SECTION 3. The change in law made by this Act applies only 3-5 to an offense committed on or after the effective date of this Act. 3-6 An offense committed before the effective date of this Act is 3-7 covered by the law in effect when the offense was committed, and 3-8 the former law is continued in effect for that purpose. For 3-9 purposes of this section, an offense was committed before the 3-10 effective date of this Act if any element of the offense occurred 3-11 before that date. 3-12 SECTION 4. This Act takes effect September 1, 1997. 3-13 SECTION 5. The importance of this legislation and the 3-14 crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.