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AN ACT
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relating to the prosecution and adjudication of the offense of |
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graffiti and to the payment and use of a juvenile delinquency |
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prevention and graffiti eradication fee. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��This Act may be cited as the Graffiti |
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Accountability Act of 2007. |
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�������SECTION�2.��Article 42.037, Code of Criminal Procedure, is |
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amended by adding Subsection (s) to read as follows: |
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�������(s)(1)��If a court orders a defendant convicted of an offense |
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under Section 28.08, Penal Code, to make restitution to the victim |
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of the offense, the court may order the defendant to make |
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restitution as provided by Subsection (b)(1)(B) or by personally |
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restoring the property by removing or painting over any markings |
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the defendant made. |
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�������������(2)��A court shall order a defendant convicted of an |
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offense under Section 28.08, Penal Code, to make restitution to a |
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political subdivision that owns public property or erects a street |
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sign or official traffic-control device on which the defendant |
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makes markings in violation of Section 28.08, Penal Code. The |
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amount of the restitution ordered must be equal to the lesser of the |
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amount of restitution authorized by Subsection (b)(1)(B) or the |
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cost to the political subdivision of restoring the public property, |
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street sign, or official traffic-control device. �If the court |
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orders a defendant to make restitution under this subdivision and |
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the defendant is financially unable to make the restitution, the |
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court may order the defendant to perform a specific number of hours |
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of community service, including service restoring the property by |
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removing or painting over any markings the defendant made, to |
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satisfy the restitution. �For purposes of this subdivision, |
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"official traffic-control device" has the meaning assigned by |
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Section 541.304, Transportation Code. |
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�������SECTION�3.��Articles 102.0171(a) and (c), Code of Criminal |
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Procedure, are amended to read as follows: |
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�������(a)��A defendant convicted of an offense under Section 28.08, |
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Penal Code, in a county court, county court at law, or district |
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court shall pay a $50 juvenile delinquency prevention and [$5] |
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graffiti eradication fee as a cost of court. |
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�������(c)��The clerks of the respective courts shall collect the |
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costs and pay them to the county treasurer or to any other official |
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who discharges the duties commonly delegated to the county |
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treasurer for deposit in a fund to be known as the county juvenile |
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delinquency prevention fund. A fund designated by this subsection |
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may be used only to: |
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�������������(1)��repair damage caused by the commission of offenses |
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under Section 28.08, Penal Code; |
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�������������(2)��provide educational and intervention programs and |
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materials, including printed educational materials for |
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distribution to primary and secondary school students, designed to |
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prevent individuals from committing offenses under Section 28.08, |
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Penal Code; |
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�������������(3)��provide to the public rewards for identifying and |
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aiding in the apprehension and prosecution of offenders who commit |
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offenses under Section 28.08, Penal Code; |
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�������������(4)��provide funding for teen recognition and teen |
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recreation programs; |
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�������������(5)��provide funding for local teen court programs; |
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�������������(6)��provide funding for the local juvenile probation |
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department; and |
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�������������(7)��provide educational and intervention programs |
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designed to prevent juveniles from engaging in delinquent conduct. |
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�������SECTION�4.��Section 54.046, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (c) to |
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read as follows: |
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�������(a)��If a juvenile court places on probation under Section |
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54.04(d) a child adjudicated as having engaged in conduct in |
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violation of Section 28.08, Penal Code, in addition to other |
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conditions of probation, the court: |
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�������������(1)��may order the child to: |
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�������������������(A)��reimburse the owner of the property for the |
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cost of restoring the property; or |
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�������������������(B)��[,] with consent of the owner of the |
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property, [order the child as a condition of probation to] restore |
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the property by removing or painting over any markings made by the |
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child on the property; and |
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�������������(2)��if the child made markings on public property, a |
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street sign, or an official traffic-control device in violation of |
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Section 28.08, Penal Code, may order the child to: |
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�������������������(A)��make to the political subdivision that owns |
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the public property or erected the street sign or official |
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traffic-control device restitution in an amount equal to the lesser |
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of the cost to the political subdivision of replacing or restoring |
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the public property, street sign, or official traffic-control |
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device; or |
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�������������������(B)��with the consent of the political |
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subdivision, restore the public property, street sign, or official |
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traffic-control device by removing or painting over any markings |
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made by the child on the property, sign, or device. |
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�������(a-1)��For purposes of Subsection (a), "official |
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traffic-control device" has the meaning assigned by Section |
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541.304, Transportation Code. |
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�������(c)��If a juvenile court orders a child to make restitution |
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under Subsection (a) and the child, child's parent, or other person |
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responsible for the child's support is financially unable to make |
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the restitution, the court may order the child to perform a specific |
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number of hours of community service to satisfy the restitution. |
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�������SECTION�5.��Section 54.0461(a), Family Code, is amended to |
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read as follows: |
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�������(a)��If a child is adjudicated as having engaged in |
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delinquent conduct that violates Section 28.08, Penal Code, the |
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juvenile court shall order the child, parent, or other person |
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responsible for the child's support to pay to the court a $50 [$5] |
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juvenile delinquency prevention fee as a cost of court. |
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�������SECTION�6.��Chapter 54, Family Code, is amended by adding |
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Section 54.0481 to read as follows: |
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�������Sec.�54.0481.��RESTITUTION FOR DAMAGING PROPERTY WITH |
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GRAFFITI. (a) �A juvenile court, in a disposition hearing under |
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Section 54.04 regarding a child who has been adjudicated to have |
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engaged in delinquent conduct that violates Section 28.08, Penal |
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Code: |
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�������������(1)��may order the child or a parent or other person |
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responsible for the child's support to make restitution by: |
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�������������������(A)��reimbursing the owner of the property for the |
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cost of restoring the property; or |
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�������������������(B)��with the consent of the owner of the |
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property, personally restoring the property by removing or painting |
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over any markings the child made; and |
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�������������(2)��if the child made markings on public property, a |
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street sign, or an official traffic-control device in violation of |
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Section 28.08, Penal Code, may order the child or a parent or other |
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person responsible for the child's support to: |
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�������������������(A)��make to the political subdivision that owns |
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the public property or erected the street sign or official |
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traffic-control device restitution in an amount equal to the lesser |
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of the cost to the political subdivision of replacing or restoring |
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the public property, street sign, or official traffic-control |
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device; or |
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�������������������(B)��with the consent of the political |
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subdivision, restore the public property, street sign, or official |
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traffic-control device by removing or painting over any markings |
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made by the child on the property, sign, or device. |
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�������(b)��If a juvenile court orders a child to make restitution |
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under Subsection (a) and the child, child's parent, or other person |
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responsible for the child's support is financially unable to make |
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the restitution, the court may order the child to perform a specific |
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number of hours of community service to satisfy the restitution. |
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�������(c)��For purposes of Subsection (a), "official |
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traffic-control device" has the meaning assigned by Section |
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541.304, Transportation Code. |
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�������SECTION�7.��Section 102.041, Government Code, is amended to |
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read as follows: |
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�������Sec.�102.041.��ADDITIONAL COURT COSTS ON CONVICTION IN |
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DISTRICT COURT.��The clerk of a district court shall collect fees |
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and costs on conviction of a defendant as follows: |
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�������������(1)��a jury fee (Art. 102.004, Code of Criminal |
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Procedure)�.�.�.�$20; |
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�������������(2)��a fee for clerk of the court services (Art. |
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102.005, Code of Criminal Procedure)�.�.�.�$40; |
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�������������(3)��a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure)�.�.�.�$25; |
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�������������(4)��a security fee on a felony offense (Art. 102.017, |
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Code of Criminal Procedure)�.�.�.�$5; |
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�������������(5)��a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure)�.�.�.�$3; |
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�������������(6)��a juvenile delinquency prevention and graffiti |
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eradication fee (Art. 102.0171, Code of Criminal |
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Procedure)�.�.�.�$50�[$5]; and |
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�������������(7)��a court cost on conviction in Comal County (Sec. |
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152.0522, Human Resources Code)�.�.�.�$4. |
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�������SECTION�8.��Section 102.061, Government Code, is amended to |
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read as follows: |
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�������Sec.�102.061.��ADDITIONAL COURT COSTS ON CONVICTION IN |
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STATUTORY COUNTY COURT. �The clerk of a statutory county court shall |
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collect fees and costs on conviction of a defendant as follows: |
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�������������(1)��a jury fee (Art. 102.004, Code of Criminal |
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Procedure)�.�.�.�$20; |
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�������������(2)��a fee for services of the clerk of the court (Art. |
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102.005, Code of Criminal Procedure)�.�.�.�$40; |
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�������������(3)��a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure)�.�.�.�$25; |
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�������������(4)��a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure)�.�.�.�$3; |
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�������������(5)��a juvenile delinquency prevention and graffiti |
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eradication �fee �(Art. �102.0171, �Code �of �Criminal � |
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Procedure)�.�.�.�$50 [$5]; |
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�������������(6)��a court cost on conviction in Comal County (Sec. |
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152.0522, Human Resources Code)�.�.�.�$4; and |
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�������������(7)��a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure)�.�.�.�$5. |
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�������SECTION�9.��Section 102.081, Government Code, is amended to |
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read as follows: |
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�������Sec.�102.081.��ADDITIONAL COURT COSTS ON CONVICTION IN |
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COUNTY COURT.��The clerk of a county court shall collect fees and |
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costs on conviction of a defendant as follows: |
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�������������(1)��a jury fee (Art. 102.004, Code of Criminal |
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Procedure)�.�.�.�$20; |
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�������������(2)��a fee for clerk of the court services (Art. |
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102.005, Code of Criminal Procedure)�.�.�.�$40; |
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�������������(3)��a records management and preservation services fee |
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(Art. 102.005, Code of Criminal Procedure)�.�.�.�$25; |
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�������������(4)��a security fee on a misdemeanor offense (Art. |
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102.017, Code of Criminal Procedure)�.�.�.�$3; |
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�������������(5)��a juvenile delinquency prevention and graffiti |
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eradication fee �(Art. �102.0171, �Code �of �Criminal � |
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Procedure)�.�.�.�$50 [$5]; and |
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�������������(6)��a juvenile case manager fee (Art. 102.0174, Code |
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of Criminal Procedure)�.�.�.�$5. |
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�������SECTION�10.��The changes in law made by this Act apply only |
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to an offense committed or conduct engaged in on or after the |
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effective date of this Act. An offense committed or conduct engaged |
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in before the effective date of this Act is covered by the law in |
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effect at the time the offense was committed or the conduct was |
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engaged in, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed or |
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conduct was engaged in before the effective date of this Act if any |
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element of the offense or conduct occurred before that date. |
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�������SECTION�11.��This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 2151 was passed by the House on May 9, |
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2007, by the following vote:��Yeas 142, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 2151 was passed by the Senate on May |
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23, 2007, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate���� |
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APPROVED:��_____________________ |
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�������������������Date���������� |
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� |
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����������_____________________ |
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�����������������Governor������� |