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A BILL TO BE ENTITLED
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AN ACT
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relating to certain conditions imposed on defendants convicted of |
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an offense of graffiti or juveniles adjudicated as having engaged |
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in conduct involving graffiti. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 five 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 less than $50; |
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(2) 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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(3) 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 2. Section 54.046, Family Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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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 five hours of community service if the |
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amount of pecuniary loss resulting from the conduct is less than |
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$50; |
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(2) 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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(3) 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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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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 4. This Act takes effect September 1, 2009. |