Report Title:

Graffiti

Description:

Increases penalties for graffiti.

THE SENATE	S.B. NO.	1694
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GRAFFITI.

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

     SECTION 1.  Section 708-820, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Criminal property damage in the first degree is a class B felony[.]; provided that:

(a) If the offense under this section involves graffiti, as defined in section 577-3.5(a), the penalty for first time offenders shall be a fine of not less than $1,500; and

(b) The penalty for repeat graffiti offenders shall be imprisonment for not less than six months."

     SECTION 2.  Section 708-821, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Criminal property damage in the second degree is a class C felony[.]; provided that:

(a) If the offense under this section involves graffiti, as defined in section 577-3.5(a), the penalty for first time offenders shall be a fine of not less than $1,000; and

(b) The penalty for repeat graffiti offenders shall be imprisonment for not less than three months."

     SECTION 3.  Section 708-822, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Criminal property damage in the third degree is a misdemeanor[.]; provided that:

(a) If the offense under this section involves graffiti, as defined in section 577-3.5(a), the penalty for first time offenders shall be a fine of not less than $500; and

(b) The penalty for repeat graffiti offenders shall be imprisonment for not less than thirty days."

     SECTION 4.  Section 708-823, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:

     "(2)  Criminal property damage in the fourth degree is a petty misdemeanor[.]; provided that:

(a) If the offense under this section involves graffiti, as defined in section 577-3.5(a), the penalty for first time offenders shall be a fine not less than $100; and

(b) The penalty for repeat graffiti offenders shall be imprisonment for not less than ten days."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________