75R8635 PEP-D
By Pickett, et al. H.B. No. 260
Substitute the following for H.B. No. 260:
By Reyna of Bexar C.S.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; or
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, on the
1-16 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.