LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
May 2, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB36 by Menéndez (Relating to the criminal penalty for and certain civil consequences of damaging property with graffiti.), Committee Report 1st House, Substituted

The bill would amend the Penal Code, the Civil Practice and Remedies Code, and the Transportation Code as it relates to the criminal penalty for and certain civil consequences of damaging property with graffiti. Under the provisions of the bill, a court granting community supervision to a defendant convicted of a graffiti offense shall require the defendant to serve 12 to 48 hours of confinement in a county jail as a condition of community supervision. The bill would also add a city hall, a courthouse, a historic structure, and a cultural resource site or area to the list of items that if marked on make graffiti a state jail felony.  Under current law, the offense of graffiti is punishable by a Class A or B misdemeanor, a first, second, third, or state jail felony depending upon the amount of loss.  The bill would increase the punishment for this offense to the next higher category of offense if the defendant has been previously convicted or placed on deferred adjudication for graffiti. Under the provisions of the bill a court would be required to suspend or deny a driver's license or provisional license to a person who has been convicted or adjudicated to have engaged in delinquent conduct for a graffiti offense.

A Class B misdemeanor is punishable by confinement in county jail for a term not to exceed 180 days and/or a fine not to exceed $2,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment (mandatory post conviction community supervision). A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000. A second degree felony is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A first degree felony is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.

 
The bill enhances the penalty for graffiti. Enhancing the penalty for any criminal offense is expected to increase demands on state and/or county correctional agency resources due to longer terms of community supervision, county jail confinement, state correctional institution confinement, and/or parole. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. In fiscal year 2012, there were 661 felony arrests, 59 felony community supervision placements, and 37 admissions to prison for graffiti offenses.



Source Agencies:
LBB Staff:
UP, GG, JPo, JGA