Report Title:
Crimes; Property Damage
Description:
Mandates certain penalties, including graffiti eradication, for persons convicted of aggravated criminal property damage. Holds persons legally accountable for a minor liable for aggravated criminal property damage committed by the minor.
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THE SENATE |
S.B. NO. |
2021 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to criminal property damage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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.
(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 as follows:
(a) A fine of $1,000; and
(b) 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 and subsequent offenses of aggravated criminal property damage shall be sentenced as follows:
(a) A fine of $1,000; and
(b) 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.
(6) Pursuant to section 702-221, a parent or guardian of a minor under the age of eighteen shall be guilty of an offense under this section if the minor engages in conduct that would constitute an offense under this section if committed by an adult."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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