| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the criminal penalties and civil consequences for |
|
|
defendants convicted of an offense of graffiti and for juveniles |
|
|
adjudicated as having engaged in conduct involving graffiti. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 102.0171(a), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(a) A defendant convicted of an offense under Section 28.08, |
|
|
Penal Code, in a county court, county court at law, or district |
|
|
court shall pay a $100 [$50] juvenile delinquency prevention and |
|
|
graffiti eradication fee as a cost of court. |
|
|
SECTION 2. Section 54.046, Family Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) If on at least one previous occasion the child has been |
|
|
adjudicated as having engaged in conduct in violation of Section |
|
|
28.08, Penal Code, for which the child was placed on probation under |
|
|
Section 54.04(d), in addition to other conditions of probation, the |
|
|
court shall order the child to perform not less than 100 hours of |
|
|
community service. |
|
|
SECTION 3. Section 54.0461(a), Family Code, is amended to |
|
|
read as follows: |
|
|
(a) If a child is adjudicated as having engaged in |
|
|
delinquent conduct that violates Section 28.08, Penal Code, the |
|
|
juvenile court shall order the child, parent, or other person |
|
|
responsible for the child's support to pay to the court a $100 [$50] |
|
|
juvenile delinquency prevention fee as a cost of court. |
|
|
SECTION 4. Section 102.041, Government Code, as amended by |
|
|
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
|
Session, 2007, is amended to read as follows: |
|
|
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
|
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
|
district court shall collect fees and costs under the Code of |
|
|
Criminal Procedure on conviction of a defendant as follows: |
|
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $20; |
|
|
(2) a fee for clerk of the court services (Art. |
|
|
102.005, Code of Criminal Procedure) . . . $40; |
|
|
(3) a records management and preservation services fee |
|
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
|
(4) a security fee on a felony offense (Art. 102.017, |
|
|
Code of Criminal Procedure) . . . $5; |
|
|
(5) a security fee on a misdemeanor offense (Art. |
|
|
102.017, Code of Criminal Procedure) . . . $3; and |
|
|
(6) a juvenile delinquency prevention and graffiti |
|
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
|
$100 [$5]. |
|
|
SECTION 5. Section 102.061, Government Code, as amended by |
|
|
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
|
Session, 2007, is amended to read as follows: |
|
|
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
|
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
|
statutory county court shall collect fees and costs under the Code |
|
|
of Criminal Procedure on conviction of a defendant as follows: |
|
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $20; |
|
|
(2) a fee for services of the clerk of the court (Art. |
|
|
102.005, Code of Criminal Procedure) . . . $40; |
|
|
(3) a records management and preservation services fee |
|
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
|
(4) a security fee on a misdemeanor offense (Art. |
|
|
102.017, Code of Criminal Procedure) . . . $3; |
|
|
(5) a juvenile delinquency prevention and graffiti |
|
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
|
$100 [$5]; and |
|
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
|
of Criminal Procedure) . . . not to exceed $5. |
|
|
SECTION 6. Section 102.081, Government Code, as amended by |
|
|
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular |
|
|
Session, 2007, is amended to read as follows: |
|
|
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
|
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
|
|
court shall collect fees and costs under the Code of Criminal |
|
|
Procedure on conviction of a defendant as follows: |
|
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
|
Procedure) . . . $20; |
|
|
(2) a fee for clerk of the court services (Art. |
|
|
102.005, Code of Criminal Procedure) . . . $40; |
|
|
(3) a records management and preservation services fee |
|
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
|
(4) a security fee on a misdemeanor offense (Art. |
|
|
102.017, Code of Criminal Procedure) . . . $3; |
|
|
(5) a juvenile delinquency prevention and graffiti |
|
|
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . |
|
|
$100 [$5]; and |
|
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
|
of Criminal Procedure) . . . not to exceed $5. |
|
|
SECTION 7. Section 103.0212, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
|
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a |
|
|
civil suit, as applicable, shall pay the following fees and costs |
|
|
under the Family Code if ordered by the court or otherwise required: |
|
|
(1) in family matters: |
|
|
(A) issuing writ of withholding (Sec. 8.262, |
|
|
Family Code) . . . $15; |
|
|
(B) filing copy of writ of withholding to |
|
|
subsequent employer (Sec. 8.267, Family Code) . . . $15; |
|
|
(C) issuing and delivering modified writ of |
|
|
withholding or notice of termination (Sec. 8.302, Family Code) |
|
|
. . . $15; |
|
|
(D) issuing and delivering notice of termination |
|
|
of withholding (Sec. 8.303, Family Code) . . . $15; |
|
|
(E) issuance of change of name certificate (Sec. |
|
|
45.106, Family Code) . . . $10; |
|
|
(F) protective order fee (Sec. 81.003, Family |
|
|
Code) . . . $16; |
|
|
(G) filing suit requesting adoption of child |
|
|
(Sec. 108.006, Family Code) . . . $15; |
|
|
(H) filing fees for suits affecting parent-child |
|
|
relationship (Sec. 110.002, Family Code): |
|
|
(i) suit or motion for modification (Sec. |
|
|
110.002, Family Code) . . . $15; |
|
|
(ii) motion for enforcement (Sec. 110.002, |
|
|
Family Code) . . . $15; |
|
|
(iii) notice of application for judicial |
|
|
writ of withholding (Sec. 110.002, Family Code) . . . $15; |
|
|
(iv) motion to transfer (Sec. 110.002, |
|
|
Family Code) . . . $15; |
|
|
(v) petition for license suspension (Sec. |
|
|
110.002, Family Code) . . . $15; |
|
|
(vi) motion to revoke a stay of license |
|
|
suspension (Sec. 110.002, Family Code) . . . $15; and |
|
|
(vii) motion for contempt (Sec. 110.002, |
|
|
Family Code) . . . $15; |
|
|
(I) order or writ of income withholding to be |
|
|
delivered to employer (Sec. 110.004, Family Code) . . . not to |
|
|
exceed $15; |
|
|
(J) filing fee for transferred case (Sec. |
|
|
110.005, Family Code) . . . $45; |
|
|
(K) filing a writ of withholding (Sec. 158.319, |
|
|
Family Code) . . . $15; |
|
|
(L) filing a request for modified writ of |
|
|
withholding or notice of termination (Sec. 158.403, Family Code) |
|
|
. . . not to exceed $15; |
|
|
(M) filing an administrative writ to employer |
|
|
(Sec. 158.503, Family Code) . . . not to exceed $15; and |
|
|
(N) genetic testing fees in relation to a child |
|
|
born to a gestational mother (Sec. 160.762, Family Code) . . . as |
|
|
assessed by the court; and |
|
|
(2) in juvenile court: |
|
|
(A) fee schedule for deferred prosecution |
|
|
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; |
|
|
(B) a teen court administration fee (Sec. 54.032, |
|
|
Family Code) . . . not to exceed $10; |
|
|
(C) court costs for juvenile probation diversion |
|
|
fund (Sec. 54.0411, Family Code) . . . $20; |
|
|
(D) a juvenile delinquency prevention fee (Sec. |
|
|
54.0461, Family Code) . . . $100 [$5]; and |
|
|
(E) a court fee for child's probationary period |
|
|
(Sec. 54.061, Family Code) . . . not to exceed $15 a month. |
|
|
SECTION 8. Sections 28.08(b) and (d), Penal Code, are |
|
|
amended to read as follows: |
|
|
(b) Except as provided by Subsection (d), an offense under |
|
|
this section is: |
|
|
(1) a Class A [B] misdemeanor if the amount of |
|
|
pecuniary loss is less than $500; |
|
|
(2) a state jail felony [Class A misdemeanor] if the |
|
|
amount of pecuniary loss is $500 or more but less than $1,500; |
|
|
(3) a felony of the third degree [state jail felony] if |
|
|
the amount of pecuniary loss is $1,500 or more but less than |
|
|
$20,000; |
|
|
(4) a felony of the second [third] degree if the amount |
|
|
of pecuniary loss is $20,000 or more but less than $100,000; or |
|
|
(5) a felony of the first [second] degree if the amount |
|
|
of pecuniary loss is $100,000 or more [but less than $200,000; or
|
|
|
[(6)
a felony of the first degree if the amount of
|
|
|
pecuniary loss is $200,000 or more]. |
|
|
(d) An offense under this section is a [state jail] felony |
|
|
of the third degree if: |
|
|
(1) the marking is made on a school, an institution of |
|
|
higher education, a place of worship or human burial, a public |
|
|
monument, or a community center that provides medical, social, or |
|
|
educational programs; and |
|
|
(2) the amount of the pecuniary loss to real property |
|
|
or to tangible personal property is less than $20,000. |
|
|
SECTION 9. 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 |
|
|
covered 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 10. This Act takes effect September 1, 2009. |