HB451 HD1

SECTION 1. The legislature finds that despite efforts to eradicate graffiti, graffiti continues to be a visual blight on schools, bus stops, freeway walls, road signs, buildings, and other public and private property statewide. The state department of transportation estimates that it spends approximately $25,000 to paint over one hundred fifty thousand square feet of graffiti each year. Persons who have committed an act constituting graffiti, as defined by section 577-3.5(a), Hawaii Revised Statutes, may be required to pay for the actual cost of having the damaged property repaired or replaced, be ordered to perform community service work in an amount commensurate with the costs of the damage for which they are unable to pay, or be ordered to perform community service.

The legislature also finds that offenders who commit acts of graffiti and have been sentenced to community service should be afforded an additional option to repay the community for their crime. The purpose of this Act is to enable the courts to sentence convicted graffiti offenders to a special community service program that helps eradicate graffiti.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708- Special sentencing considerations regarding graffiti. (a) A person found in violation of any grade of offense for criminal property damage that involves graffiti as defined in section 577-3.5(a) shall be required to perform community service that helps eradicate or mitigates graffiti.

(b) The hours of community service may be determined by the court as an estimate of the time required to eradicate or mitigate the graffiti inflicted by the offender.

(c) In lieu of a determination by the court at sentencing as to the number of hours required to discharge the community service required under subsection (a), the court may delegate the estimate to the judiciary's graffiti eradication sentencing program. A representative of the program shall report the program's estimate to the court so that a determination may be made and an appropriate order entered.

(d) To the extent feasible, the court shall require the offender to perform community service to eradicate or mitigate the particular graffiti inflicted by the offender.

(e) The community service shall be performed pursuant to the requirements of the judiciary's graffiti eradication sentencing program."

SECTION 3. Section 708-823.5, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) A person commits the offense of aggravated criminal property damage if the person by means other than fire:

(a) Intentionally damages the property of another without the other's consent; and

(b) Has been convicted two or more times of an offense under section 708-822 or 708-823 [~~in the preceding five years]~~."

SECTION 4. There is established within the judiciary the graffiti eradication sentencing program. "Graffiti" for the purpose of the program is as defined in section 577-3.5(a).

The program shall:

(1) Collaborate with the district courts, circuit courts, police departments, intake service centers, law enforcement, and community organizations to ensure the success of the program;

(2) Prescribe a course of action that a graffiti offender must undertake to discharge a community service sentence;

(3) Coordinate the implementation, scheduling, and monitoring of graffiti eradication activities for graffiti offenders who have been sentenced to community service; and

(4) Document the completion of graffiti eradication activities for each graffiti offender participating in the program.

The judiciary shall submit a report to the legislature on the graffiti eradication sentencing program including any recommendations and proposed legislation, not later than twenty days prior to the convening of each regular session.

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 on January 1, 2112.

HOUSE OF REPRESENTATIVES	H.B. NO.	451
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII