Report Title:

Graffiti

Description:

Requires minors who commit graffiti to remove their graffiti from the affected property and to perform community service to remove graffiti from other properties.  Reduces number of prior convictions for criminal property damage in order to be charged with the offense of aggravated criminal property damage.  Mandates certain penalties, including graffiti eradication, for persons convicted of aggravated criminal property damage.  (SD1)

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

A BILL FOR AN ACT

RELATING TO GRAFFITI.

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

     SECTION 1.  Section 577-3.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(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 parents, or the legal guardians of the minor to pay the actual cost of having the damaged property repaired or replaced] shall:

(1) Require the minor, the parents, or the legal guardians to remove the graffiti from the affected property within sixty days of the order and pay for the cost of paint and materials; and [may order]

(2) Order the minor to perform a minimum of eighty hours of community service[.] to remove graffiti from other properties.

[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 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 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.]"

     SECTION 2.  Section 708-823.5, Hawaii Revised Statutes, is amended to read as follows:

     "§708-823.5  Aggravated criminal property damage.  (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] one or more times of an offense under section 708-822 or 708-823 in the preceding five years.

     (2)  For purposes of this section, "convicted [two] one or more times" means that, at the time of the instant offense, the person had previously entered a plea of guilty or no contest or a judge or jury had previously returned a verdict of guilty against the person for [two] one or more offenses committed on separate occasions.

     (3)  Aggravated criminal property damage is a misdemeanor.

(4)  A person convicted for a first offense of aggravated criminal property damage shall be sentenced to community service time of eighty hours spent eradicating graffiti damage.  The cost of paint and materials shall be borne by the person, if not provided.

(5)  A person convicted of a second or any subsequent offense of aggravated criminal property damage shall be sentenced to community service time of one hundred-sixty hours spent eradicating graffiti damage.  The cost of paint and materials shall be borne by the person, if not provided."

     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 repealed is bracketed and stricken.  New statutory material is underscored.

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