| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain penalties imposed for the destruction of a |
|
|
mailbox or other address identifier. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 42, Code of Criminal Procedure, is |
|
|
amended by adding Article 42.021 to read as follows: |
|
|
Art. 42.021. FINDING REGARDING DAMAGED OR DESTROYED |
|
|
PROPERTY. (a) In this section, "address identifier" means a |
|
|
mailbox, sign, 9-1-1 locator system, or other property designed to |
|
|
identify an address. |
|
|
(b) In the trial of an offense under Section 28.03, Penal |
|
|
Code, if the judge determines that the property that is the subject |
|
|
of the offense was an address identifier, the judge shall make an |
|
|
affirmative finding of that fact and enter the affirmative finding |
|
|
in the judgment in the case. |
|
|
SECTION 2. Subchapter O, Chapter 521, Transportation Code, |
|
|
is amended by adding Section 521.352 to read as follows: |
|
|
Sec. 521.352. DAMAGING OR DESTROYING ADDRESS IDENTIFIER: |
|
|
AUTOMATIC SUSPENSION; LICENSE DENIAL. (a) A person's driver's |
|
|
license is automatically suspended on final conviction of an |
|
|
offense under Section 28.03, Penal Code, if the judgment in the case |
|
|
contains an affirmative finding under Article 42.021, Code of |
|
|
Criminal Procedure. |
|
|
(b) The department may not issue a driver's license to a |
|
|
person convicted of an offense specified in Subsection (a) who, on |
|
|
the date of the conviction, did not hold a driver's license. |
|
|
(c) The period of suspension under this section is the 180 |
|
|
days after the date of a final conviction, and the period of license |
|
|
denial is the 180 days after the date the person applies to the |
|
|
department for reinstatement or issuance of a driver's license, |
|
|
unless the person has previously been denied a license under this |
|
|
section or had a license suspended, in which event the period of |
|
|
suspension is one year after the date of a final conviction, and the |
|
|
period of license denial is one year after the date the person |
|
|
applies to the department for reinstatement or issuance of a |
|
|
driver's license. |
|
|
(d) This section applies only to a person who was younger |
|
|
than 19 years of age on the date the offense was committed. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect when the offense was committed, and |
|
|
the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense was |
|
|
committed before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2007. |