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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(d), Penal Code, is amended to read |
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as follows: |
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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; 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 2. Section 71.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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he commits or conspires to commit one or more of the following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, forgery, deadly conduct, assault punishable as a Class A |
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misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
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motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34 or 35; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; [or] |
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(13) any offense under Section 37.10; or |
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(14) any offense under Section 28.08. |
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SECTION 3. The heading to Section 521.320, Transportation |
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Code, is amended to read as follows: |
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Sec. 521.320. SUSPENSION FOR CONVICTION INVOLVING GRAFFITI |
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[CERTAIN CRIMINAL MISCHIEF]; LICENSE DENIAL. |
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SECTION 4. Sections 521.320(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) A court shall [may] order the department to suspend a |
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person's driver's license on conviction of an offense under Section |
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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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SECTION 5. 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 6. This Act takes effect September 1, 2009. |