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. 2-11 * * * * *