|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the punishment for the offense of graffiti and the |
|
creation of a graffiti pretrial diversion program; authorizing a |
|
fee. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. 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 C misdemeanor if the amount of pecuniary |
|
loss is less than $50; |
|
(2) a Class B misdemeanor if the amount of pecuniary |
|
loss is $50 or more but less than $500; |
|
(3) [(2)] a Class A misdemeanor if the amount of |
|
pecuniary loss is $500 or more but less than $1,500; |
|
(4) [(3)] a state jail felony if the amount of |
|
pecuniary loss is $1,500 or more but less than $20,000; |
|
(5) [(4)] a felony of the third degree if the amount of |
|
pecuniary loss is $20,000 or more but less than $100,000; |
|
(6) [(5)] a felony of the second degree if the amount |
|
of pecuniary loss is $100,000 or more but less than $200,000; or |
|
(7) [(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 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 $500 or more but less than |
|
$20,000. |
|
SECTION 2. Article 14.06(d), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(d) Subsection (c) applies only to a person charged with |
|
committing an offense under: |
|
(1) Section 481.121, Health and Safety Code, if the |
|
offense is punishable under Subsection (b)(1) or (2) of that |
|
section; |
|
(1-a) Section 481.1161, Health and Safety Code, if the |
|
offense is punishable under Subsection (b)(1) or (2) of that |
|
section; |
|
(2) Section 28.03, Penal Code, if the offense is |
|
punishable under Subsection (b)(2) of that section; |
|
(3) Section 28.08, Penal Code, if the offense is |
|
punishable under Subsection (b)(2) or (3) [(b)(1)] of that section; |
|
(4) Section 31.03, Penal Code, if the offense is |
|
punishable under Subsection (e)(2)(A) of that section; |
|
(5) Section 31.04, Penal Code, if the offense is |
|
punishable under Subsection (e)(2) of that section; |
|
(6) Section 38.114, Penal Code, if the offense is |
|
punishable as a Class B misdemeanor; or |
|
(7) Section 521.457, Transportation Code. |
|
SECTION 3. Chapter 32, Code of Criminal Procedure, is |
|
amended by adding Article 32.03 to read as follows: |
|
Art. 32.03. DISMISSAL OF CERTAIN GRAFFITI CHARGES ON |
|
COMPLETION OF PRETRIAL DIVERSION PROGRAM. (a) Any time before |
|
trial commences, on the joint motion of a defendant charged with an |
|
offense punishable under Sections 28.08(b)(1)-(4) or (d), Penal |
|
Code, and the attorney representing the state, a court may defer |
|
proceedings pending the defendant's completion of a pretrial |
|
diversion program in which the defendant must: |
|
(1) perform community service that: |
|
(A) must, to the extent possible, include |
|
graffiti removal; and |
|
(B) may include outreach education focused on |
|
graffiti prevention and eradication, youth mentoring in art-based |
|
programs, mural painting, or another form of community service; and |
|
(2) make restitution to the owner of the property on |
|
which the defendant made markings, by: |
|
(A) reimbursing the owner of the property for the |
|
cost of restoring the property; or |
|
(B) with the consent of the owner of the |
|
property, personally restoring the property by removing or painting |
|
over any markings the defendant made. |
|
(b) The community service described by Subsection (a)(1) |
|
must consist of: |
|
(1) at least 25 hours and not more than 100 hours if |
|
the offense is punishable under Section 28.08(b)(1), Penal Code; |
|
(2) at least 50 hours and not more than 200 hours if |
|
the offense is punishable under Section 28.08(b)(2), Penal Code; |
|
(3) at least 75 hours and not more than 300 hours if |
|
the offense is punishable under Section 28.08(b)(3), Penal Code; |
|
and |
|
(4) at least 100 hours and not more than 400 hours if |
|
the offense is punishable under Section 28.08(b)(4) or (d), Penal |
|
Code. |
|
(c) A court that defers proceedings under Subsection (a) |
|
shall set a reasonable date by which the defendant must complete the |
|
program described in that subsection, which may be extended in the |
|
court's discretion not later than one year after the date the |
|
proceedings were deferred. |
|
(d) A court shall dismiss the case if satisfactory evidence |
|
is presented that the defendant successfully completed a program |
|
under Subsection (a) by the date specified under Subsection (c). |
|
SECTION 4. Article 102.012(b), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(b) In addition to or in lieu of the supervision fee |
|
authorized by Subsection (a), the court may order the defendant to |
|
pay or reimburse a community supervision and corrections department |
|
for any other expense that is: |
|
(1) incurred as a result of the defendant's |
|
participation in the pretrial intervention program, other than an |
|
expense described by Article 102.0121 or 102.0122; or |
|
(2) necessary to the defendant's successful completion |
|
of the program. |
|
SECTION 5. Subchapter A, Chapter 102, Code of Criminal |
|
Procedure, is amended by adding Article 102.0122 to read as |
|
follows: |
|
Art. 102.0122. FEES FOR CERTAIN EXPENSES RELATED TO |
|
GRAFFITI PRETRIAL DIVERSION PROGRAM. (a) A district attorney, |
|
criminal district attorney, or county attorney may collect from any |
|
defendant referred to a graffiti pretrial diversion program under |
|
Article 32.03 fees in the following amounts: |
|
(1) an amount not to exceed $500 to be used to |
|
reimburse a county for expenses, including expenses of the district |
|
attorney's, criminal district attorney's, or county attorney's |
|
office, related to the defendant's participation in a graffiti |
|
pretrial diversion program offered in that county; and |
|
(2) the amount of $50 to be used for the prevention of |
|
juvenile delinquency and for graffiti eradication. |
|
(b) Fees collected under Subsection (a)(1) shall be |
|
deposited in the county treasury to the credit of a special fund to |
|
be used solely to administer the graffiti pretrial diversion |
|
program. |
|
(c) Fees collected under Subsection (a)(2) shall be |
|
deposited in the county treasury to the credit of the county |
|
juvenile delinquency prevention fund under Article 102.0171. |
|
SECTION 6. Section 103.021, Government Code, is amended to |
|
read as follows: |
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL |
|
CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a |
|
party to a civil suit, as applicable, shall pay the following fees |
|
and costs under the Code of Criminal Procedure if ordered by the |
|
court or otherwise required: |
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
of the bail fixed for the accused; |
|
(2) cost of electronic monitoring as a condition of |
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
. . . actual cost; |
|
(3) a fee for verification of and monitoring of motor |
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
Procedure) . . . not to exceed $10; |
|
(3-a) costs associated with operating a global |
|
positioning monitoring system as a condition of release on bond |
|
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
|
subject to a determination of indigency; |
|
(3-b) costs associated with providing a defendant's |
|
victim with an electronic receptor device as a condition of the |
|
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
|
Procedure) . . . actual costs, subject to a determination of |
|
indigency; |
|
(4) repayment of reward paid by a crime stoppers |
|
organization on conviction of a felony (Art. 37.073, Code of |
|
Criminal Procedure) . . . amount ordered; |
|
(5) reimbursement to general revenue fund for payments |
|
made to victim of an offense as condition of community supervision |
|
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
|
a misdemeanor offense or $100 for a felony offense; |
|
(6) payment to a crime stoppers organization as |
|
condition of community supervision (Art. 42.12, Code of Criminal |
|
Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42.12, Code |
|
of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence center fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . $100; |
|
(9) community supervision fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . not less than $25 or more than $60 per |
|
month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
|
month; |
|
(11) for certain financially able sex offenders as a |
|
condition of community supervision, the costs of treatment, |
|
specialized supervision, or rehabilitation (Art. 42.12, Code of |
|
Criminal Procedure) . . . all or part of the reasonable and |
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
determined by the judge; |
|
(12) fee for failure to appear for trial in a justice |
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
jury; |
|
(13) costs of certain testing, assessments, or |
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
Procedure) . . . amount ordered; |
|
(14) special expense on dismissal of certain |
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
. . . not to exceed amount of fine assessed; |
|
(15) an additional fee: |
|
(A) for a copy of the defendant's driving record |
|
to be requested from the Department of Public Safety by the judge |
|
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
|
to the sum of the fee established by Section 521.048, |
|
Transportation Code, and the state electronic Internet portal fee; |
|
(B) as an administrative fee for requesting a |
|
driving safety course or a course under the motorcycle operator |
|
training and safety program for certain traffic offenses to cover |
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
Criminal Procedure) . . . not to exceed $10; or |
|
(C) for requesting a driving safety course or a |
|
course under the motorcycle operator training and safety program |
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
fine for the offense committed by the defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10; |
|
(17) a fee to cover costs of required duties of teen |
|
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
|
court ordering the fee is located in the Texas-Louisiana border |
|
region, but otherwise $10; |
|
(18) a mileage fee for officer performing certain |
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
mile; |
|
(19) certified mailing of notice of hearing date (Art. |
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
(20) certified mailing of certified copies of an order |
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
plus postage; |
|
(20-a) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(20-b) a fee to defray the cost of notifying state |
|
agencies of orders of expunction (Art. 45.055, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(21) sight orders: |
|
(A) if the face amount of the check or sight order |
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $10; |
|
(B) if the face amount of the check or sight order |
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $15; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for [a] pretrial intervention or diversion |
|
programs [program]: |
|
(A) a supervision fee (Art. 102.012(a), Code of |
|
Criminal Procedure) . . . $60 a month plus expenses; [and] |
|
(B) a district attorney, criminal district |
|
attorney, or county attorney administrative fee (Art. 102.0121, |
|
Code of Criminal Procedure) . . . not to exceed $500; |
|
(C) a district attorney, criminal district |
|
attorney, or county attorney administrative fee (Art. |
|
102.0122(a)(1), Code of Criminal Procedure) . . . not to exceed |
|
$500; and |
|
(D) a fee payable to the county juvenile |
|
delinquency prevention fund (Art. 102.0122(a)(2), Code of Criminal |
|
Procedure) . . . $50; |
|
(23) parking fee violations for child safety fund in |
|
municipalities with populations: |
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
(B) less than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not to exceed $5; |
|
(24) an administrative fee for collection of fines, |
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal |
|
Procedure) . . . not to exceed $2 for each transaction; and |
|
(25) a collection fee, if authorized by the |
|
commissioners court of a county or the governing body of a |
|
municipality, for certain debts and accounts receivable, including |
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
|
percent of an amount more than 60 days past due. |
|
SECTION 7. 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 |
|
governed by the law in effect on the date 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 occurred |
|
before that date. |
|
SECTION 8. This Act takes effect September 1, 2015. |