By Dukes H.B. No. 1264
75R5140 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of a juvenile who damages property,
1-3 including the environment, with graffiti, to law enforcement
1-4 records relating to a child who uses a graffiti tag, and to the
1-5 criminal responsibility of a parent for a child's criminal mischief
1-6 involving graffiti; providing a penalty.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 53.03, Family Code, is amended by adding
1-9 Subsections (g) and (h) to read as follows:
1-10 (g) If the child is alleged to have engaged in delinquent
1-11 conduct or conduct indicating a need for supervision that violates
1-12 Section 28.03(a)(3), Penal Code, deferred prosecution under this
1-13 section must involve:
1-14 (1) voluntary attendance in a class with instruction
1-15 in self-responsibility and empathy for a victim of an offense
1-16 conducted by a local juvenile probation department, if the class is
1-17 available; and
1-18 (2) voluntary restoration of the property or the
1-19 environment damaged by the child by removing or painting over any
1-20 markings made by the child or, if appropriate, reseeding or
1-21 replanting trees and other vegetation, if the owner of the property
1-22 consents to the restoration.
1-23 (h) A probation officer or other designated officer of the
1-24 court shall monitor the child's restoration of property or the
2-1 environment under Subsection (g)(2).
2-2 SECTION 2. Chapter 54, Family Code, is amended by adding
2-3 Section 54.046 to read as follows:
2-4 Sec. 54.046. CONDITIONS OF PROBATION FOR DAMAGING PROPERTY
2-5 OR THE ENVIRONMENT WITH GRAFFITI. (a) If a juvenile court places
2-6 on probation under Section 54.04(d) a child adjudicated as having
2-7 engaged in conduct in violation of Section 28.03(a)(3), Penal Code,
2-8 in addition to other conditions of probation, the court shall, on
2-9 request of the owner of the property, order the child as a
2-10 condition of probation to restore the property by removing or
2-11 painting over any markings made by the child on the property or, if
2-12 appropriate, reseeding or replanting trees and other vegetation.
2-13 (b) The probation officer charged with supervising the child
2-14 shall monitor the child's restoration of the property or the
2-15 environment.
2-16 (c) In addition to a condition imposed under Subsection (a),
2-17 the court may require the child as a condition of probation to
2-18 attend a class with instruction in self-responsibility and empathy
2-19 for a victim of an offense conducted by a local juvenile probation
2-20 department.
2-21 SECTION 3. Section 58.104, Family Code, is amended by adding
2-22 Subsection (g) to read as follows:
2-23 (g) The department may designate a code or other identifier
2-24 to promote the exchange of information relating to a child who has
2-25 been identified as using a personalized graffiti signature or
2-26 "graffiti tag."
2-27 SECTION 4. Chapter 25, Penal Code, is amended by adding
3-1 Section 25.09 to read as follows:
3-2 Sec. 25.09. CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S
3-3 CRIMINAL MISCHIEF. (a) In this section:
3-4 (1) "Child" means a person who is younger than 17
3-5 years of age.
3-6 (2) "Conduct indicating a need for supervision" has
3-7 the meaning assigned by Section 51.03(b), Family Code.
3-8 (3) "Delinquent conduct" has the meaning assigned by
3-9 Section 51.03(a), Family Code.
3-10 (4) "Parent" means a natural or adoptive parent,
3-11 stepparent, person in loco parentis, or legal guardian of the
3-12 person of the child.
3-13 (5) "Parental duty" means the continuous duty of a
3-14 parent to exercise reasonable control to prevent the parent's child
3-15 from engaging in delinquent conduct or conduct indicating a need
3-16 for supervision.
3-17 (b) A parent commits an offense if the parent recklessly or
3-18 with criminal negligence fails to perform a parental duty to
3-19 prevent the parent's child from engaging in delinquent conduct or
3-20 conduct indicating a need for supervision that violates Section
3-21 28.03(a)(3), if the child has previously been adjudicated under
3-22 Section 54.03, Family Code, as having engaged in conduct in
3-23 violation of Section 28.03(a)(3).
3-24 (c) An offense under this section is a Class B misdemeanor.
3-25 SECTION 5. Article 42.12, Code of Criminal Procedure, is
3-26 amended by adding Section 14A to read as follows:
3-27 Sec. 14A. PARENT FAILING TO PERFORM PARENTAL DUTY. In
4-1 addition to other conditions of community supervision, a court
4-2 granting community supervision to a defendant convicted of an
4-3 offense under Section 25.09, Penal Code, may require the defendant
4-4 as a condition of community supervision, if the court finds the
4-5 defendant is financially able, to pay restitution to the owner of
4-6 the property or the environment damaged by delinquent conduct or
4-7 conduct indicating a need for supervision that violates Section
4-8 28.03(a)(3), Penal Code, committed by the defendant's child.
4-9 SECTION 6. (a) The change in law made by this Act applies
4-10 only to conduct violating a penal law of this state that occurs on
4-11 or after the effective date of this Act. For purposes of this
4-12 section, conduct occurs before the effective date of this Act if
4-13 any element of the conduct occurs before the effective date.
4-14 (b) Conduct that occurs before the effective date of this
4-15 Act is covered by the law in effect when the conduct occurred, and
4-16 the former law is continued in effect for that purpose.
4-17 SECTION 7. This Act takes effect September 1, 1997.
4-18 SECTION 8. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.