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 |
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
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