HB1635

SECTION 1. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§706- Criminal damage to property; graffiti; restitution; reward. (1) In any prosecution for an offense under chapter 708, part III, the commission of which includes the creation of graffiti, the court, in addition to any other lawful orders, shall order the offender to pay a fine in accordance with section 706-640.

(2) Fifty per cent of the fine under subsection (a) shall be awarded to the person, if any, who reported the creation of graffiti.

(3) As used in this section, "graffiti" means any unauthorized drawing, inscription, figure, or marking created by paint, ink, chalk, dye, or similar substances."

SECTION 2. Section 577-3.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§577-3.5[]] Property damage, parental responsibility[.]; restitution, fines. (a) The parents or legal guardians of a minor child shall be jointly and severally liable for graffiti damage caused by the minor to real or personal property, whether publicly or privately owned. As used in this section, "graffiti" means any unauthorized drawing, inscription, figure, or marking created by paint, ink, chalk, dye, or similar substances.

(b) In addition to any other lawful orders, if a minor is found under chapter 571 to have committed an act constituting graffiti, the court may order the minor, the minor's parents, or the legal guardians of the minor to pay the actual cost of having the damaged property repaired or replaced and may order the minor to perform community service. If the court orders payment for the actual cost of the damage, the court shall give due consideration to the financial resources of the minor, the minor's parents, or the legal guardians of the minor to ensure that they will be able to pay the costs of the damage. If the court determines that the minor, the minor's parents, or the legal guardians of the minor are unable to pay the actual cost of the damage, the court may order payment in an amount for which they are able to pay or in a manner in which they are able to pay, and may order the minor to perform community service work in an amount commensurate with the costs of the damage for which they are unable to pay.

(c) In addition to any other lawful orders, if a minor is found under chapter 571 to have committed an act constituting graffiti, the court may order the minor, the minor's parents, or the legal guardians of the minor to pay a fine according to the following schedule:

(1) If the minor:

(A) Intentionally or knowingly damages property and thereby recklessly places another person in danger of death or bodily injury; or

(B) Intentionally or knowingly damages the property of another, without the other's consent, in any amount exceeding $20,000,

the fine shall not exceed $25,000;

(2) If the minor intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $1,500, the fine shall not exceed $10,000;

(3) If the minor intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500, the fine shall not exceed $2,000; and

(4) If the minor intentionally or knowingly damages the property of another in an amount up to $500, without the other's consent, the fine shall not exceed $1,000.

If the court imposes a fine, the court shall give due consideration to the financial resources of the minor, the minor's parents, or the legal guardians of the minor to ensure that they will be able to pay the fine. If the court determines that the minor, the minor's parents, or the legal guardians of the minor are unable to pay the actual cost of the damage, the court may order payment in an amount for which they are able to pay or in a manner in which they are able to pay, and may order the minor to perform community service work in an amount commensurate with the costs of the damage for which they are unable to pay.

Fifty per cent of the fine imposed, if any, shall be awarded to the person, if any, who reported the creation of graffiti.

[~~(c)~~] (d) Nothing in this section shall affect the right of any person to maintain a civil action arising out of graffiti damage to property."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be deleted is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1635
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII