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A BILL TO BE ENTITLED
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AN ACT
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relating to certain criminal penalties for and civil consequences |
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of damaging property with graffiti. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.08(b), Penal Code, is amended to read |
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as follows: |
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(b) Except as provided by Subsection (d), an offense under |
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this section is: |
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(1) [a Class B misdemeanor if the amount of pecuniary
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loss is less than $500;
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[(2)] a Class A misdemeanor if the amount of pecuniary |
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loss is [$500 or more but] less than $1,500; |
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(2) [(3)] a state jail felony if the amount of |
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pecuniary loss is $1,500 or more but less than $20,000; |
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(3) [(4)] a felony of the third degree if the amount of |
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pecuniary loss is $20,000 or more but less than $100,000; |
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(4) [(5)] a felony of the second degree if the amount |
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of pecuniary loss is $100,000 or more but less than $200,000; or |
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(5) [(6)] a felony of the first degree if the amount of |
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pecuniary loss is $200,000 or more. |
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SECTION 2. Section 521.320, Transportation Code, is amended |
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to read as follows: |
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Sec. 521.320. SUSPENSION FOR CERTAIN CRIMINAL MISCHIEF; |
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LICENSE DENIAL. (a) A court shall [may] order the department to |
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suspend a person's driver's license on conviction of an offense |
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under Section 28.08, Penal Code. |
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(b) A court shall [may] order the department to deny an |
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application for reinstatement or issuance of a driver's license to |
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a person convicted of an offense under Section 28.08, Penal Code, |
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who, on the date of the conviction, did not hold a driver's license. |
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(c) Except as provided by this section: |
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(1) the [The] period of suspension under Subsection |
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(a) [this section] is one year after the date of a final conviction; |
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and |
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(2) the [. The] period of license denial under |
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Subsection (b) is one year after the date the person applies to the |
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department for reinstatement or issuance of a driver's license. |
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(d) The department may not reinstate a driver's license |
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suspended under Subsection (a) unless the person whose license was |
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suspended applies to the department for reinstatement and provides |
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proof satisfactory to the department that the person has performed |
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the community service required of the person under Subsection (f). |
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(e) A person whose license is suspended under Subsection (a) |
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remains eligible to receive an occupational license under |
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Subchapter L, except that if the person is younger than 18 years of |
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age, an occupational license issued to the person may permit the |
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operation of a motor vehicle only for transportation to and from an |
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educational facility in which the person is enrolled and the place |
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where the person resides. |
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(f) A court that orders the suspension or denial of a |
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person's driver's license under this section shall require the |
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person to perform at least 100 hours of community service |
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designated by the court. If the person is a resident of this state |
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without a driver's license to operate a motor vehicle, the court |
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shall issue an order prohibiting the department from issuing the |
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person a driver's license before the person completes the community |
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service. Community service required under this subsection is in |
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addition to any community service required of the person as a |
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condition of community supervision under Section 16, Article 42.12, |
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Code of Criminal Procedure. |
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(g) If a person required to perform community service under |
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Subsection (f) completes that community service before the period |
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of the person's license suspension or denial expires, the person |
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may apply to the department for reinstatement of the person's |
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license or the issuance of a new license. The application must |
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include proof satisfactory to the department that the person has |
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performed the community service. |
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(h) If a person whose license is suspended under this |
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section is convicted of a second or subsequent offense under |
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Section 28.08, Penal Code, during the period of license suspension, |
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the court in which the person is convicted of the second or |
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subsequent offense shall revoke the person's license until the |
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first anniversary of the most recent date of conviction under |
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Section 28.08, Penal Code, and may not reinstate the person's |
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license or issue the person a new license before the expiration of |
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the period the license is revoked. |
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(i) For the purposes of this section, a person is convicted |
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of an offense regardless of whether sentence is imposed or the |
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person is placed on community supervision for the offense under |
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Article 42.12, Code of Criminal Procedure. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |