Some may see graffiti as public art, but under the law, it's a crime — one that lawmakers, during a committee hearing on Tuesday, will be debating how to appropriately punish.
State Reps. Joe Moody, D-El Paso, and José Menéndez, D-San Antonio, will lay out their proposals that pursue opposite means to achieve the goal of reducing damaging graffiti and preventing other crimes associated with it. Moody's bill, which is supported by criminal justice reformers, would reduce sentencing guidelines for graffiti charges and create new alternatives to prosecution. Menéndez's bill, which has been championed by law enforcement in the past, takes a tougher course, expanding potential penalties for the street crime.
House Bill 3494, by Moody, a former assistant district attorney, would allow prosecutors to dismiss graffiti charges if the defendant completes a pretrial diversion program, including paying restitution to the owner of the affected property and completing community service. Types of community service outlined in the bill include graffiti removal, mural painting and “youth mentoring in art-based programs.”
There a theory - the broken windows theory - that suggest that violent criminal activity is most effectively addressed by focusing on lower level activity that can both lead to more violent crime, and create a setting where it can flourish.