Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB883 by Moody (Relating to the punishment for the offense of graffiti and the creation of a graffiti pretrial diversion program; authorizing a fee.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code, reducing the punishment for the offense of graffiti in certain situations, and creating a graffiti pretrial diversion program. The bill would create a Class C misdemeanor for damage less than $50. The pecuniary loss for a graffiti offense on a school, institution of higher education, place of worship or human burial, public monument, or a community center would be a minimum of $500 in order to result in a state jail felony.
Currently, the offense is punishable as a Class B misdemeanor if the amount of pecuniary loss is less than $500. A district attorney, criminal district attorney, or county attorney would be authorized to collect a fee of up to $500 to reimburse the county for expenses related to the pretrial diversion program. A fee of $50 also would be collected for the prevention of juvenile delinquency and for graffiti eradication.
There would be a minimal revenue loss statewide and to local government in the event new court costs in Class C misdemeanors are assessed upon conviction (or deferred disposition) rather than Class B misdemeanors, or if Class B misdemeanors are assessed rather than state jail felonies; however, the Office of Court Administration indicates this fiscal implication statewide is not anticipated to be significant, in part, because the number of graffiti-related convictions is unknown.
Local Government Impact
There would be a minimal revenue loss statewide and to local government for court costs charged to offenses under current law that would be charged in lesser offenses under bill provisions.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts