(1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture.
(2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with Chapter 475A.
(3) As used in this section, "drive-by shooting" means discharge of a firearm from a motor vehicle while committing or attempting to commit:
(a) Aggravated murder under Section 163.095;
(b) Murder under Section 163.115;
(c) Manslaughter in any degree under Section 163.118 or 163.125;
(d) Assault in any degree under Section 163.160, 163.165, 163.175, or 163.185;
(e) Menacing under Section 163.190;
(f) Recklessly endangering another person under Section 163.195;
(g) Assaulting a public safety officer under Section 163.208; or
(h) Intimidation in any degree under Section 166.155 or 166.165.
(Top)(1) After consultation with appropriate agencies and officials, including the Department of Education, each school district is encouraged to develop and adopt a comprehensive policy to reduce gang involvement, violent activities, and drug abuse by public school students in the school district, including but not limited to:
(a) A statement that evaluates:
(A) The nature and extent of gang involvement, violent activities, and drug abuse by public school students of the school district and (B) The impact of gang involvement, violent activities, and drug abuse on the ability of public schools in the school district to meet curriculum requirements and improve the attendance of public school students.
(b) A statement that emphasizes the need to reduce gang involvement, violent activities, and drug abuse by public school students.
(c) Strategies to reduce gang involvement, violent activities, and drug abuse by students of the school district considering the needs of the public school students.
(d) Methods to communicate conflict resolution skills to the teachers and public school students of the school district.
(e) Strategies to inform the teachers of the school district, the parents of public school students, and the public about the policy the school district developed pursuant to this section.
(2) As used in this section, "gang" means a group that identifies itself through the use of a name; unique appearance or language, including hand signs; the claiming of geographical territory; or the espousing of a distinctive belief system that frequently results in criminal activity.
(Top)(1) After consultation with appropriate agencies and officials, including the Department of Education, each school district is encouraged to develop and adopt a comprehensive policy to reduce gang involvement, violent activities, and drug abuse by public school students in the school district, including but not limited to:
(a) A statement that evaluates:
(A) The nature and extent of gang involvement, violent activities, and drug abuse by public school students of the school district and (B) The impact of gang involvement, violent activities, and drug abuse on the ability of public schools in the school district to meet curriculum requirements and improve the attendance of public school students.
(b) A statement that emphasizes the need to reduce gang involvement, violent activities, and drug abuse by public school students.
(c) Strategies to reduce gang involvement, violent activities, and drug abuse by students of the school district considering the needs of the public school students.
(d) Methods to communicate conflict resolution skills to the teachers and public school students of the school district.
(e) Strategies to inform the teachers of the school district, the parents of public school students, and the public about the policy the school district developed pursuant to this section.
(2) As used in this section, "gang" means a group that identifies itself through the use of a name; unique appearance or language, including hand signs; the claiming of geographical territory; or the espousing of a distinctive belief system that frequently results in criminal activity.
(Top)(1) The court shall impose community service as a condition of a probation sentence when a person is convicted of criminal mischief and the conduct engaged in consists of defacing property by creating graffiti unless the sentence includes incarceration in a county jail or a state correctional institution.
(2) The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the defendant does not consent to donate labor as required by Section 137.128, the period of community service must be served under the supervision and control of the Department of Corrections.
As used in Sections 137.131, 164.381 to 164.386, and 419C.461:
(1) "Graffiti" means any inscriptions, words, figures, or designs that are marked, etched, scratched, drawn, painted, pasted, or otherwise affixed to the surface of property.
(2) "Graffiti implement" means paint, ink, chalk, dye, or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching, or carving surfaces.
(1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.
(2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to Section 137.128 but notwithstanding Section 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period.
(1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of Section 164.383.
(2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to Section 137.128 but notwithstanding Section 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.
(3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period.
The provisions of Sections 137.131, 164.381 to 164.386, and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under Section 164.345, 164.354, or 164.365.
(1) When a youth offender has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a violation of Section 164.383 or 164.386 or criminal mischief and the act consisted of defacing property by creating graffiti, the court, in addition to any other disposition, may order the youth offender to perform:
(a) Personal service, as provided in Section 419C.465, consisting of removing graffiti; or
(b) If the victim does not agree to the personal service, community service consisting of removing graffiti at some location other than that defaced by the youth offender.
(2) In no case shall the youth offender, pursuant to this section, perform more hours of personal or community service than would be indicated by dividing the monetary damage caused by the youth offender by the legal minimum wage.
(3)(a) When a youth offender has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a violation of Section 164.383, the court may find the parent, legal guardian, or other person lawfully charged with the care or custody of the youth offender liable for actual damages to person or property caused by the youth offender. However, a parent who is not entitled to legal custody of the youth offender at the time of the act is not liable for the damages.
(b) The legal obligation of the parent, legal guardian, or other person under this subsection may not exceed the liability provided in Section 30.765.
(c) The court may, with the consent of the parent, legal guardian, or other person, order the parent, legal guardian, or other person to complete a parent effectiveness program approved by the court. Upon the parent's, legal guardian's, or other person's completion of the program to the satisfaction of the court, the court may dismiss any other penalties imposed upon the parent, legal guardian, or other person.