July 25, 2008, 11:26
Tracy AlmanzanEnhancement for Chronic Graffiti Offenders
The Anti-Graffiti Community Task Force in our area has issued a report with several recommendations to address the problem of graffiti in our area. One recommendation is adding a repeat graffiti offender enhancement to � 28.08(b)(3) of the Texas Penal Code. The suggested language will be similar to an �enhancement of punishment is allowed if the offender has two prior convictions or adjudications of graffiti offenses.� I would like to get some feedback before taking further steps. What do you think about this recommendation?
July 25, 2008, 15:09
Ken SparksIt would be rarely used and probably not worth the effort. I think the regular enhancement statutes should suffice.
July 31, 2008, 13:14
Kris MooreI agree with Ken - plus for over 30 years I have been a prosecutor in Houston, Harris County - a big jurisdiction with plenty of gang activity - and I cannot recall having seen a juvenile with TWO, much less, THREE referrals for graffiti.