By Rodriguez H.B. No. 2112
75R3039 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of and the punishment for the offense
1-3 of criminal mischief, including criminal mischief involving
1-4 graffiti, the creation of the offense of negligent performance of
1-5 parental duty to prevent criminal mischief, and to other programs
1-6 to eradicate graffiti.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 28.03, Penal Code, is amended by amending
1-9 Subsections (a) and (b) and adding Subsection (g) to read as
1-10 follows:
1-11 (a) A person commits an offense if, without the effective
1-12 consent of the owner:
1-13 (1) he intentionally or knowingly damages or destroys
1-14 the tangible property of the owner;
1-15 (2) he intentionally or knowingly tampers with the
1-16 tangible property of the owner and causes pecuniary loss or
1-17 substantial inconvenience to the owner or a third person; or
1-18 (3) he intentionally or knowingly places graffiti
1-19 [makes markings, including inscriptions, slogans, drawings, or
1-20 paintings,] on the tangible property of the owner.
1-21 (b) Except as provided by Subsection (f), an offense under
1-22 this section is:
1-23 (1) a Class B [C] misdemeanor if:
1-24 (A) the amount of pecuniary loss is less than
2-1 $500 [$20]; or
2-2 (B) except as provided in Subdivision (2)(B)
2-3 [(3)(B)], it causes substantial inconvenience to others;
2-4 (2) [a Class B misdemeanor if the amount of pecuniary
2-5 loss is $20 or more but less than $500;]
2-6 [(3)] a Class A misdemeanor if the amount of pecuniary
2-7 loss is:
2-8 (A) $500 or more but less than $1,500; or
2-9 (B) less than $1,500 and the actor causes in
2-10 whole or in part impairment or interruption of public
2-11 communications, public transportation, public water, gas, or power
2-12 supply, or other public service, or causes to be diverted in whole,
2-13 in part, or in any manner, including installation or removal of any
2-14 device for any such purpose, any public communications, public
2-15 water, gas, or power supply;
2-16 (3) [(4)] a state jail felony if the amount of
2-17 pecuniary loss is $1,500 or more but less than $20,000;
2-18 (4) [(5)] a felony of the third degree if the amount
2-19 of the pecuniary loss is $20,000 or more but less than $100,000;
2-20 (5) [(6)] a felony of the second degree if the amount
2-21 of pecuniary loss is $100,000 or more but less than $200,000; or
2-22 (6) [(7)] a felony of the first degree if the amount
2-23 of pecuniary loss is $200,000 or more.
2-24 (g) In this section, "graffiti" means a word, figure, mark,
2-25 painting, covering, drawing, slogan, design, or other inscription.
2-26 SECTION 2. Article 42.12, Code of Criminal Procedure, is
2-27 amended by adding Section 13D to read as follows:
3-1 Sec. 13D. COMMUNITY SUPERVISION FOR GRAFFITI OFFENDERS. If
3-2 a judge grants community supervision to a defendant convicted of an
3-3 offense under Section 28.03(a)(3), Penal Code, the judge shall:
3-4 (1) order the defendant to pay restitution in an
3-5 amount equal to the cost of repairing the damage caused by the
3-6 defendant; and
3-7 (2) order the defendant to work a specified number of
3-8 hours at a community service project repairing damage caused by the
3-9 commission of an offense under Section 28.03(a)(3), subject to the
3-10 provisions of Section 16.
3-11 SECTION 3. Subchapter A, Chapter 102, Code of Criminal
3-12 Procedure, is amended by adding Article 102.0171 to read as
3-13 follows:
3-14 Art. 102.0171. COURT COSTS: GRAFFITI ERADICATION FUNDS.
3-15 (a) A defendant convicted of an offense under Section 28.03(a)(3),
3-16 Penal Code, in a justice court, county court, county court at law,
3-17 or a district court shall pay a $5 graffiti eradication fee as a
3-18 cost of court. The governing body of a municipality by ordinance
3-19 may create a municipal graffiti eradication fund and may require a
3-20 defendant convicted of an offense under Section 28.03(a)(3), Penal
3-21 Code, in a municipal court to pay a $5 graffiti eradication fee as
3-22 a cost of court.
3-23 (b) In this article, a person is considered convicted if:
3-24 (1) a sentence is imposed on the person;
3-25 (2) the person receives community supervision,
3-26 including deferred adjudication; or
3-27 (3) the court defers final disposition of the person's
4-1 case.
4-2 (c) The clerks of the respective courts shall collect the
4-3 costs and pay them to the county or municipal treasurer, as
4-4 appropriate, or to any other official who discharges the duties
4-5 commonly delegated to the county or municipal treasurer, as
4-6 appropriate, for deposit in a fund to be known as the county
4-7 graffiti eradication fund or a fund to be known as the municipal
4-8 graffiti eradication fund, as appropriate. A fund designated by
4-9 this subsection may be used only to:
4-10 (1) repair damage caused by the commission of offenses
4-11 under Section 28.03(a)(3), Penal Code;
4-12 (2) provide educational and intervention programs
4-13 designed to prevent individuals from committing offenses under
4-14 Section 28.03(a)(3), Penal Code; and
4-15 (3) provide to the public rewards for assisting in the
4-16 apprehension and prosecution of offenders who commit offenses under
4-17 Section 28.03(a)(3), Penal Code.
4-18 (d) The county graffiti eradication fund shall be
4-19 administered by or under the direction of the commissioners court.
4-20 The municipal graffiti eradication fund shall be administered by or
4-21 under the direction of the governing body of the municipality.
4-22 SECTION 4. Section 54.041, Family Code, is amended by adding
4-23 Subsection (h) to read as follows:
4-24 (h) Subject to Subsection (c), if a child is found to have
4-25 engaged in conduct that included a violation of Section
4-26 28.03(a)(3), Penal Code, the court shall order the child, if
4-27 financially able to do so, to make restitution to the victim of the
5-1 offense in an amount equal to the cost of repairing the damage
5-2 caused by the child.
5-3 SECTION 5. Section 54.044, Family Code, is amended by adding
5-4 Subsection (i) to read as follows:
5-5 (i) A court that places a child on probation under Section
5-6 54.04(d) at the conclusion of an adjudication hearing at which it
5-7 is determined that the child engaged in conduct that included a
5-8 violation of Section 28.03(a)(3), Penal Code, shall:
5-9 (1) require as a condition of probation that the work
5-10 performed by the child as required by this section consist of
5-11 repairing damage caused by the commission of an offense under
5-12 Section 28.03(a)(3), Penal Code; and
5-13 (2) order the child's parent to perform community
5-14 service with the child.
5-15 SECTION 6. Chapter 230, Local Government Code, is amended by
5-16 adding Subchapter C to read as follows:
5-17 SUBCHAPTER C. GRAFFITI-FREE ZONES
5-18 Sec. 230.021. DEFINITION. In this subchapter, "graffiti"
5-19 has the meaning assigned by Section 28.03(g), Penal Code.
5-20 Sec. 230.022. GRAFFITI-FREE ZONES. The governing body of a
5-21 municipality by ordinance may establish and implement graffiti-free
5-22 zones to deter the commission of offenses involving graffiti.
5-23 SECTION 7. Chapter 25, Penal Code, is amended by adding
5-24 Section 25.09 to read as follows:
5-25 Sec. 25.09. CRIMINAL RESPONSIBILITY OF PARENT FOR CHILD'S
5-26 CRIMINAL MISCHIEF. (a) In this section:
5-27 (1) "Child" means a person who is younger than 17
6-1 years of age.
6-2 (2) "Delinquent conduct" has the meaning assigned by
6-3 Section 51.03(a), Family Code.
6-4 (3) "Parent" means a natural or adoptive parent,
6-5 stepparent, person in loco parentis, or legal guardian of the
6-6 person of the child.
6-7 (4) "Parental duty" means the continuous duty of a
6-8 parent to exercise reasonable control to prevent the parent's child
6-9 from engaging in delinquent conduct or conduct indicating a need
6-10 for supervision.
6-11 (b) A parent commits an offense if the parent with criminal
6-12 negligence fails to perform a parental duty to prevent the parent's
6-13 child from engaging in delinquent conduct that violates Section
6-14 28.03(a)(3).
6-15 (c) An offense under this section is a Class C misdemeanor.
6-16 (d) In addition to imposing a fine under this section, a
6-17 court may require a parent who commits an offense under this
6-18 section to attend a parenting class or parental responsibility
6-19 program. The court may require the parent to submit proof to the
6-20 court that the parent attended the program. An order under this
6-21 subsection is enforceable by contempt.
6-22 SECTION 8. (a) The change in law made by this Act applies
6-23 only to an offense committed or, for the purposes of Title 3,
6-24 Family Code, to conduct that occurs on or after the effective date
6-25 of this Act. For purposes of this section, an offense is committed
6-26 on or after the effective date of this Act if every element of the
6-27 offense occurs on or after the effective date and conduct violating
7-1 a penal law of this state occurs on or after the effective date of
7-2 this Act if every element of the violation occurs on or after that
7-3 date.
7-4 (b) An offense committed before the effective date of this
7-5 Act is covered by the law in effect when the offense was committed,
7-6 and the former law is continued in effect for that purpose.
7-7 Conduct that occurs before the effective date of this Act is
7-8 covered by the law in effect at the time the conduct occurred, and
7-9 the former law is continued in effect for that purpose.
7-10 SECTION 9. This Act takes effect September 1, 1997.
7-11 SECTION 10. The importance of this legislation and the
7-12 crowded condition of the calendars in both houses create an
7-13 emergency and an imperative public necessity that the
7-14 constitutional rule requiring bills to be read on three several
7-15 days in each house be suspended, and this rule is hereby suspended.