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.