Report Title:

Driver's license; graffiti

 

Description:

Requires court to suspend a license of a minor who has been convicted of criminal property damage for a period of 6 months.

 

 


THE SENATE

S.B. NO.

2795

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the revocation of driver's licenses of minors convicted of property crimes.

 

 

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

 


     SECTION 1.  The legislature finds that graffiti is a widespread nuisance.  Many communities statewide feel the negative effects of this visual blight.  Although the legislature passed measures to counter this nuisance, and those measures have been somewhat successful in reducing the incidence of graffiti, there are still too many incidents to say the problem is under control.

     The purpose of this Act is to provide a greater disincentive to minors who would otherwise think of creating graffiti.  By revoking the driver's license of minors convicted of property crimes, this would help to further deter such criminal activity.

     SECTION 2.  Section 708-822, Hawaii Revised Statutes, is amended to read as follows:

     "§708-822  Criminal property damage in the third degree.  (1)  A person commits the offense of criminal property damage in the third degree if by means other than fire:

    (a)   The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;

    (b)   The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; or

    (c)   The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100.  In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.

     (2)  Criminal property damage in the third degree is a misdemeanor.

     (3)  In addition to any other penalty imposed, if the convicted offender is under the age of eighteen years, the court shall promptly suspend the offender's license and privilege to operate a vehicle for a period of one hundred and eighty days with an absolute prohibition from operating a vehicle during the suspension period."

     SECTION 3.  Section 708-823, Hawaii Revised Statutes, is amended to read as follows:

     "§708-823  Criminal property damage in the fourth degree.  (1)  A person commits the offense of criminal property damage in the fourth degree if by means other than fire, the person intentionally or knowingly damages the property of another without the other's consent.

     (2)  Criminal property damage in the fourth degree is a petty misdemeanor.

     (3)  In addition to any other penalty imposed, if the convicted offender is under the age of eighteen years, the court shall promptly suspend the offender's license and privilege to operate a vehicle for a period of one hundred and eighty days with an absolute prohibition from operating a vehicle during the suspension period."

     SECTION 4.  New statutory material is underscored.

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

 

 

 

INTRODUCED BY:

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