1-1     By:  Pickett, et al. (Senate Sponsor - Shapleigh)      H.B. No. 260

 1-2           (In the Senate - Received from the House April 3, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on

 1-4     Criminal Justice; May 7, 1997, reported favorably by the following

 1-5     vote:  Yeas 4, Nays 0; May 7, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to certain offenses involving criminal mischief and

 1-9     graffiti; providing penalties.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 28.03(a), Penal Code, is amended to read

1-12     as follows:

1-13           (a)  A person commits an offense if, without the effective

1-14     consent of the owner:

1-15                 (1)  he intentionally or knowingly damages or destroys

1-16     the tangible property of the owner;

1-17                 (2)  he intentionally or knowingly tampers with the

1-18     tangible property of the owner and causes pecuniary loss or

1-19     substantial inconvenience to the owner or a third person; or

1-20                 (3)  he intentionally or knowingly makes markings,

1-21     including inscriptions, slogans, drawings, or paintings, other than

1-22     graffiti, on the tangible property of the owner.

1-23           SECTION 2.  Chapter 28, Penal Code, is amended by adding

1-24     Section 28.08 to read as follows:

1-25           Sec. 28.08.  GRAFFITI.  (a)  A person commits an offense if,

1-26     without the effective consent of the owner, the person

1-27     intentionally or knowingly places graffiti on the tangible property

1-28     of the owner.

1-29           (b)  In this section, "graffiti" means a word, figure, mark,

1-30     painting, covering, drawing, slogan, design, etching, or other

1-31     inscription.

1-32           (c)  When more than one item of tangible property, belonging

1-33     to one or more owners, is property on which graffiti is placed in

1-34     violation of this section pursuant to one scheme or continuing

1-35     course of conduct, the conduct may be considered as one offense,

1-36     and the amounts of pecuniary loss to property resulting from the

1-37     placement of the graffiti may be aggregated in determining the

1-38     grade of the offense.

1-39           (d)  Except as provided by Subsection (e), an offense under

1-40     this section is:

1-41                 (1)  a Class C misdemeanor if the amount of pecuniary

1-42     loss is less than $20;

1-43                 (2)  a Class B misdemeanor if the amount of pecuniary

1-44     loss is $20 or more but less than $500;

1-45                 (3)  a Class A misdemeanor if the amount of pecuniary

1-46     loss is $500 or more but less than $1,500;

1-47                 (4)  a state jail felony if the amount of pecuniary

1-48     loss is $1,500 or more but less than $20,000;

1-49                 (5)  a felony of the third degree if the amount of the

1-50     pecuniary loss is $20,000 or more but less than $100,000;

1-51                 (6)  a felony of the second degree if the amount of

1-52     pecuniary loss is $100,000 or more but less than $200,000; or

1-53                 (7)  a felony of the first degree if the amount of

1-54     pecuniary loss is $200,000 or more.

1-55           (e)  An offense under this section is a state jail felony if

1-56     the graffiti is placed on a place of worship or human burial, a

1-57     public monument, or a community center that provides medical,

1-58     social, or educational programs and the amount of the pecuniary

1-59     loss to real property or to tangible personal property is less than

1-60     $20,000.

1-61           SECTION 3.  The change in law made by this Act applies only

1-62     to an offense committed on or after the effective date of this Act.

1-63     An offense committed before the effective date of this Act is

1-64     covered by the law in effect when the offense was committed, and

 2-1     the former law is continued in effect for that purpose.  For

 2-2     purposes of this section, an offense was committed before the

 2-3     effective date of this Act if any element of the offense occurred

 2-4     before that date.

 2-5           SECTION 4.  This Act takes effect September 1, 1997.

 2-6           SECTION 5.  The importance of this legislation and the

 2-7     crowded condition of the calendars in both houses create an

 2-8     emergency and an imperative public necessity that the

 2-9     constitutional rule requiring bills to be read on three several

2-10     days in each house be suspended, and this rule is hereby suspended.

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