REPORT TITLE:
Graffiti; Minors


DESCRIPTION:
Requires, instead of authorizes, the court to order minor,
parents, or legal guardians of minor to pay actual cost of
repairing or replacing graffiti damaged property.  Requires
community service by minor, if minor, parents, or legal guardians
of minor are unable to pay.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1972
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO GRAFFITI.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 577-3.5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (b) to read as follows:
 
 3      "(b)  In addition to any other lawful orders, if a minor is
 
 4 found under chapter 571 to have committed an act constituting
 
 5 graffiti, the court [may] shall order the minor, the parents, or
 
 6 the legal guardians of the minor to pay the actual cost of having
 
 7 the damaged property repaired or replaced [and may order the
 
 8 minor to perform community service.  If the court orders payment
 
 9 for the actual cost of the damage, the court shall give due
 
10 consideration to the financial resources of the minor, the
 
11 parents, or the legal guardians of the minor to ensure that they
 
12 will be able to pay the costs of the damage].  If the court
 
13 determines that the minor, the parents, or the legal guardians of
 
14 the minor are unable to pay the actual cost of the damage, the
 
15 court [may] shall order [payment in an amount for which they are
 
16 able to pay or in a manner in which they are able to pay, and may
 
17 order] the minor to perform community service work in an amount
 
18 commensurate with the costs of the damage for which they are
 
19 unable to pay."
 

 
Page 2                                                     1972
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 2.  This Act does not affect rights and duties that
 
 2 matured, penalties that were incurred, and proceedings that were
 
 3 begun, before its effective date.
 
 4      SECTION 3.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.
 
 7 
 
 8                           INTRODUCED BY:_________________________