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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the offense of |
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graffiti and to certain conditions imposed on defendants convicted |
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of that offense or on juveniles adjudicated as having engaged in |
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conduct in violation of that offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.037(s), Code of Criminal Procedure, |
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is amended to read as follows: |
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(s)(1) A court shall order [If a court orders] a defendant |
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convicted of an offense under Section 28.08, Penal Code, to make |
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restitution by: |
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(A) reimbursing the owner of the property for the |
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cost of restoring the property; or |
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(B) with the consent of the owner of the |
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property, [to the victim of the offense, the court may order the
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defendant to make restitution as provided by Subsection (b)(1)(B)
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or by] personally restoring the property by removing or painting |
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over any markings the defendant made. |
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(2) A court shall order a defendant convicted of an |
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offense under Section 28.08, Penal Code, to make restitution to a |
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political subdivision that owns public property or erects a street |
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sign or official traffic-control device on which the defendant |
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makes markings in violation of Section 28.08, Penal Code, by: |
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(A) paying an [. The] amount [of the restitution
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ordered must be] equal to the lesser of [the amount of restitution
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authorized by Subsection (b)(1)(B) or] the cost to the political |
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subdivision of replacing or restoring the public property, street |
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sign, or official traffic-control device; or |
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(B) with the consent of the political |
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subdivision, restoring the public property, street sign, or |
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official traffic-control device by removing or painting over any |
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markings made by the defendant on the property, sign, or device. |
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(3) If the court orders a defendant to make |
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restitution under this subsection [subdivision] and the defendant |
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is financially unable to make the restitution, the court may order |
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the defendant to perform a specific number of hours of community |
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service[, including service restoring the property by removing or
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painting over any markings the defendant made,] to satisfy the |
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restitution. |
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(4) Notwithstanding Subsection (g)(4), a court shall |
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direct a defendant ordered to make restitution under this |
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subsection as a condition of community supervision to deliver the |
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amount or property due as restitution to the defendant's |
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supervising officer for transfer to the owner. A parole panel shall |
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direct a defendant ordered to make restitution under this |
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subsection as a condition of parole or mandatory supervision to |
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deliver the amount or property due as restitution to the |
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defendant's supervising officer. The defendant's supervising |
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officer shall notify the court when the defendant has delivered the |
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full amount of restitution ordered. |
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(5) For purposes of this subsection [subdivision], |
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"official traffic-control device" has the meaning assigned by |
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Section 541.304, Transportation Code. |
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SECTION 2. Section 11, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (k) to read as follows: |
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(k) A court granting community supervision to a defendant |
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convicted of an offense under Section 28.08, Penal Code, shall |
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require as a condition of community supervision that the defendant |
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perform: |
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(1) at least 15 hours of community service if the |
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amount of pecuniary loss resulting from the commission of the |
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offense is $50 or more but less than $500; or |
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(2) at least 30 hours of community service if the |
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amount of pecuniary loss resulting from the commission of the |
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offense is $500 or more. |
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SECTION 3. Section 54.046, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (d) and (e) |
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to read as follows: |
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(a) If a juvenile court places on probation under Section |
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54.04(d) a child adjudicated as having engaged in conduct in |
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violation of Section 28.08, Penal Code, in addition to other |
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conditions of probation, the court: |
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(1) shall [may] order the child to: |
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(A) reimburse the owner of the property for the |
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cost of restoring the property; or |
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(B) with consent of the owner of the property, |
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restore the property by removing or painting over any markings made |
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by the child on the property; and |
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(2) if the child made markings on public property, a |
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street sign, or an official traffic-control device in violation of |
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Section 28.08, Penal Code, shall [may] order the child to: |
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(A) make to the political subdivision that owns |
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the public property or erected the street sign or official |
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traffic-control device restitution in an amount equal to the lesser |
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of the cost to the political subdivision of replacing or restoring |
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the public property, street sign, or official traffic-control |
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device; or |
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(B) with the consent of the political |
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subdivision, restore the public property, street sign, or official |
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traffic-control device by removing or painting over any markings |
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made by the child on the property, sign, or device. |
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(c) If a juvenile court orders a child to make restitution |
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under Subsection (a) and the child, child's parent, or other person |
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responsible for the child's support is financially unable to make |
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the restitution, the court may order the child to perform a specific |
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number of hours of community service, in addition to the hours |
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required under Subsection (d), to satisfy the restitution. |
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(d) If a juvenile court places on probation under Section |
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54.04(d) a child adjudicated as having engaged in conduct in |
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violation of Section 28.08, Penal Code, in addition to other |
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conditions of probation, the court shall order the child to |
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perform: |
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(1) at least 15 hours of community service if the |
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amount of pecuniary loss resulting from the conduct is $50 or more |
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but less than $500; or |
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(2) at least 30 hours of community service if the |
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amount of pecuniary loss resulting from the conduct is $500 or more. |
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(e) The juvenile court shall direct a child ordered to make |
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restitution under this section to deliver the amount or property |
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due as restitution to a juvenile probation department for transfer |
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to the owner. The juvenile probation department shall notify the |
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juvenile court when the child has delivered the full amount of |
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restitution ordered. |
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SECTION 4. Sections 28.08(a) and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if, without the effective |
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consent of the owner, the person intentionally or knowingly makes |
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markings, including inscriptions, slogans, drawings, or paintings, |
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on the tangible property of the owner with: |
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(1) [aerosol] paint; |
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(2) an indelible marker; or |
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(3) an etching or engraving device. |
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(d) An offense under this section is a state jail felony if: |
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(1) either: |
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(A) the marking is made on a school, an |
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institution of higher education, a place of worship or human |
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burial, a public monument, or a community center that provides |
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medical, social, or educational programs; or |
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(B) the person has been previously convicted two |
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or more times of an offense under this section committed when the |
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person was older than 17 years of age; and |
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(2) the amount of the pecuniary loss to real property |
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or to tangible personal property is any amount less than $20,000. |
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SECTION 5. The change in law made by this Act applies only |
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to an offense that is committed or conduct that occurs on or after |
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the effective date of this Act. An offense that is committed or |
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conduct that occurs before the effective date of this Act is covered |
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by the law in effect when the offense was committed or the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed or |
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conduct occurred before the effective date of this Act if any |
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element of the offense or conduct occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2009. |