SRC-JBJ S.B. 500 76(R) BILL ANALYSIS Senate Research Center S.B. 500 76R770 JMC-DBy: Shapleigh Criminal Justice 4/14/1999 As Filed DIGEST Currently, a person convicted of a graffiti offense must pay a $5 "graffiti eradication fee." The collected fees are for repairing the damage caused by graffiti offenses, providing anti-graffiti educational and intervention programs, as well as providing public rewards for identifying or aiding in the apprehension and prosecution of graffiti offenders. However, juveniles are typically not convicted, but rather are adjudicated. In such a case, the law is not clear whether the defendant may be charged the fee that is imposed only on convicted persons. S.B. 500 specifically imposes a $5 graffiti eradication fee as a cost of court on an adjudicated child, unless waived by the court, to be deposited in the county graffiti eradication fund. PURPOSE As proposed, S.B. 500 imposes a graffiti eradication fee on certain person in juvenile court. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 54, Family Code, by adding Section 54.0461, as follows: Sec. 54.0461. PAYMENT OF GRAFFITI ERADICATION FEES. Requires a juvenile court to order a child adjudicated under Section 28.08, Penal Code, or the parent, or other person responsible for the child's support, to pay to the court a $5 graffiti eradication fee as a cost of court. Requires the court to deposit fees received under this section to the credit of the county graffiti eradication fund provided for under Article 102.0171, Code of Criminal Procedure. Requires the court to enter into the child's case records a statement if the responsible person cannot pay the fee. Authorizes the court to waive the fee under this section only if the court makes a finding under this subsection. SECTION 2.Makes application of this Act prospective. SECTION 3.Effective date: September 1, 1999. SECTION 4.Emergency clause.