79R2519 KCR-D
By: Bohac H.B. No. 1440
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and adjudication of the offense of
graffiti and to the payment and use of a juvenile delinquency
prevention fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.037, Code of Criminal Procedure, is
amended by adding Subsection (p) to read as follows:
(p)(1) If a court orders a defendant convicted of an offense
under Section 28.08, Penal Code, to make restitution to the victim
of the offense, the court may order the defendant to make
restitution as provided by Subsection (b)(1)(B) or by personally
restoring the property by removing or painting over any markings
the defendant made.
(2) A court shall order a defendant convicted of an
offense under Section 28.08, Penal Code, to make restitution to a
political subdivision that erects a street sign or official
traffic-control device on which the defendant makes markings in
violation of Section 28.08, Penal Code. The amount of the
restitution ordered must be equal to the lesser of the amount of
restitution authorized by Subsection (b)(1)(B) or the cost to the
political subdivision of restoring the street sign or official
traffic-control device. For purposes of this subdivision,
"official traffic-control device" has the meaning assigned by
Section 541.304, Transportation Code.
SECTION 2. Articles 102.0171(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) A defendant convicted of an offense under Section 28.08,
Penal Code, in a county court, county court at law, or district
court shall pay a $50 juvenile delinquency prevention [$5 graffiti
eradication] fee as a cost of court.
(c) The clerks of the respective courts shall collect the
costs and pay them to the county treasurer or to any other official
who discharges the duties commonly delegated to the county
treasurer for deposit in a fund to be known as the county juvenile
delinquency prevention fund. A fund designated by this subsection
may be used only to:
(1) repair damage caused by the commission of offenses
under Section 28.08, Penal Code;
(2) provide educational and intervention programs and
materials, including printed educational materials for
distribution to primary and secondary school students, designed to
prevent individuals from committing offenses under Section 28.08,
Penal Code;
(3) provide to the public rewards for identifying and
aiding in the apprehension and prosecution of offenders who commit
offenses under Section 28.08, Penal Code;
(4) provide funding for teen recognition and teen
recreation programs;
(5) provide funding for local teen court programs;
(6) provide funding for the local juvenile probation
department; and
(7) provide educational and intervention programs
designed to prevent juveniles from engaging in delinquent conduct.
SECTION 3. Section 54.046, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) If a juvenile court places on probation under Section
54.04(d) a child adjudicated as having engaged in conduct in
violation of Section 28.08, Penal Code, in addition to other
conditions of probation, the court:
(1) may order the child to:
(A) reimburse the owner of the property for the
cost of restoring the property; or
(B) [,] with consent of the owner of the
property, [order the child as a condition of probation to] restore
the property by removing or painting over any markings made by the
child on the property; and
(2) shall order the child to make to a political
subdivision that erects a street sign or official traffic-control
device on which the child made markings in violation of Section
28.08, Penal Code, restitution, the amount of which must be equal to
the cost to the political subdivision of replacing the street sign
or official traffic-control device or of restoring the sign or
device, whichever amount is less.
(a-1) For purposes of Subsection (a), "official
traffic-control device" has the meaning assigned by Section
541.304, Transportation Code.
SECTION 4. Section 54.0461(a), Family Code, is amended to
read as follows:
(a) If a child is adjudicated as having engaged in
delinquent conduct that violates Section 28.08, Penal Code, the
juvenile court shall order the child, parent, or other person
responsible for the child's support to pay to the court a $50 [$5]
juvenile delinquency prevention fee as a cost of court.
SECTION 5. Chapter 54, Family Code, is amended by adding
Section 54.0481 to read as follows:
Sec. 54.0481. RESTITUTION FOR DAMAGING PROPERTY WITH
GRAFFITI. (a) A juvenile court, in a disposition hearing under
Section 54.04 regarding a child who has been adjudicated to have
engaged in delinquent conduct that violates Section 28.08, Penal
Code:
(1) may order the child or a parent or other person
responsible for the child's support to make restitution by:
(A) reimbursing the owner of the property for the
cost of restoring the property; or
(B) with the consent of the owner of the
property, personally restoring the property by removing or painting
over any markings the child made; and
(2) shall order the child or a parent or other person
responsible for the child's support to make to a political
subdivision that erects a street sign or official traffic-control
device on which the child made markings in violation of Section
28.08, Penal Code, restitution, the amount of which must be equal to
the cost to the political subdivision of replacing the street sign
or official traffic-control device or of restoring the sign or
device, whichever amount is less.
(b) For purposes of Subsection (a), "official
traffic-control device" has the meaning assigned by Section
541.304, Transportation Code.
SECTION 6. Section 102.041, Government Code, is amended to
read as follows:
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT. The clerk of a district court shall collect fees
and costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure)$20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure)$40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure)$20;
(4) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure)$5;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure)$3;
(6) a juvenile delinquency prevention [graffiti
eradication] fee (Art. 102.0171, Code of Criminal
Procedure)$50 [$5]; and
(7) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code)$4.
SECTION 7. Section 102.061, Government Code, is amended to
read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT. The clerk of a statutory county court
shall collect fees and costs on conviction of a defendant as
follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure)$20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure)$40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure)$20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure)$3;
(5) a juvenile delinquency prevention [graffiti
eradication] fee (Art. 102.0171, Code of Criminal
Procedure)$50 [$5]; and
(6) a court cost on conviction in Comal County (Sec.
152.0522, Human Resources Code)$4.
SECTION 8. Section 102.081, Government Code, is amended to
read as follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT. The clerk of a county court shall collect fees and
costs on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure)$20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure)$40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure)$20;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) $3; and
(5) a juvenile delinquency prevention [graffiti
eradication] fee (Art. 102.0171, Code of Criminal
Procedure)$50 [$5].
SECTION 9. The changes in law made by this Act apply only to
an offense committed or conduct engaged in on or after the effective
date of this Act. An offense committed or conduct engaged in before
the effective date of this Act is covered by the law in effect at the
time the offense was committed or the conduct was engaged in, and
the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed or conduct was
engaged in before the effective date of this Act if any element of
the offense or conduct occurred before that date.
SECTION 10. This Act takes effect September 1, 2005.