80R6273 KCR-D

By: Martinez Fischer H.B. No. 1797

A BILL TO BE ENTITLED

AN ACT

relating to certain criminal penalties for and civil consequences of damaging property with graffiti.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 28.08(b), Penal Code, is amended to read as follows:

(b) Except as provided by Subsection (d), an offense under this section is:

(1) [a Class B misdemeanor if the amount of pecuniary loss is less than $500;

[(2)] a Class A misdemeanor if the amount of pecuniary loss is [$500 or more but] less than $1,500;

(2) [(3)] a state jail felony if the amount of pecuniary loss is $1,500 or more but less than $20,000;

(3) [(4)] a felony of the third degree if the amount of pecuniary loss is $20,000 or more but less than $100,000;

(4) [(5)] a felony of the second degree if the amount of pecuniary loss is $100,000 or more but less than $200,000; or

(5) [(6)] a felony of the first degree if the amount of pecuniary loss is $200,000 or more.

SECTION 2. Section 521.320, Transportation Code, is amended to read as follows:

Sec. 521.320. SUSPENSION FOR CERTAIN CRIMINAL MISCHIEF; LICENSE DENIAL. (a) A court shall [may] order the department to suspend a person's driver's license on conviction of an offense under Section 28.08, Penal Code.

(b) A court shall [may] order the department to deny an application for reinstatement or issuance of a driver's license to a person convicted of an offense under Section 28.08, Penal Code, who, on the date of the conviction, did not hold a driver's license.

(c) Except as provided by this section:

(1) the [The] period of suspension under Subsection (a) [this section] is one year after the date of a final conviction; and

(2) the [. The] period of license denial under Subsection (b) is one year after the date the person applies to the department for reinstatement or issuance of a driver's license.

(d) The department may not reinstate a driver's license suspended under Subsection (a) unless the person whose license was suspended applies to the department for reinstatement and provides proof satisfactory to the department that the person has performed the community service required of the person under Subsection (f).

(e) A person whose license is suspended under Subsection (a) remains eligible to receive an occupational license under Subchapter L, except that if the person is younger than 18 years of age, an occupational license issued to the person may permit the operation of a motor vehicle only for transportation to and from an educational facility in which the person is enrolled and the place where the person resides.

(f) A court that orders the suspension or denial of a person's driver's license under this section shall require the person to perform at least 100 hours of community service designated by the court. If the person is a resident of this state without a driver's license to operate a motor vehicle, the court shall issue an order prohibiting the department from issuing the person a driver's license before the person completes the community service. Community service required under this subsection is in addition to any community service required of the person as a condition of community supervision under Section 16, Article 42.12, Code of Criminal Procedure.

(g) If a person required to perform community service under Subsection (f) completes that community service before the period of the person's license suspension or denial expires, the person may apply to the department for reinstatement of the person's license or the issuance of a new license. The application must include proof satisfactory to the department that the person has performed the community service.

(h) If a person whose license is suspended under this section is convicted of a second or subsequent offense under Section 28.08, Penal Code, during the period of license suspension, the court in which the person is convicted of the second or subsequent offense shall revoke the person's license until the first anniversary of the most recent date of conviction under Section 28.08, Penal Code, and may not reinstate the person's license or issue the person a new license before the expiration of the period the license is revoked.

(i) For the purposes of this section, a person is convicted of an offense regardless of whether sentence is imposed or the person is placed on community supervision for the offense under Article 42.12, Code of Criminal Procedure.

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.