STAND. COM. REP. NO. 1609

Honolulu, Hawaii

RE:    H.B. No. 451

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 451, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GRAFFITI,"

begs leave to report as follows:

     The purpose of this measure is to establish the graffiti eradication sentencing program within the Judiciary to coordinate the implementation, scheduling, and monitoring of graffiti eradication activities for graffiti offenders who have been sentenced to community service.

     This measure also amends the offense of aggravated criminal property damage, section 708-823.5, Hawaii Revised Statutes, by deleting the five year look-back period to make the defendant subject to the charge of aggravated criminal property damage as long as the defendant has two prior convictions for criminal property damage, regardless of when they occurred.

     Your Committee received testimony in support of this measure from the Downtown Neighborhood Board No. 13, Hui o Makiki, and a concerned citizen.  The Judiciary offered comments on the measure.

     Your Committee has amended this measure by deleting its contents and replacing them with the provisions of Senate Bill No. 228, S.D. 1, and Senate Bill No. 676, S.D. 1.  As amended, this measure:

     (1)  Provides that if a minor is found to have committed an act constituting graffiti, the court shall:

          (A)  Require the minor, the minor's parents, or the minor's 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

(B)  Order the minor to perform a minimum of eighty hours of community service to remove graffiti from other properties;

(2)  Reduces the number of criminal property damage convictions in the preceding five years necessary to charge a person with aggravated criminal property damage from two to one; and

(3)  Requires a person convicted of aggravated criminal property damage to perform eighty hours of community service eradicating graffiti, at the person's own expense if necessary; provided that the community service time increases to one hundred-sixty hours if the person has a prior conviction for aggravated criminal property damage.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 451, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 451, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair