STAND. COM. REP. NO.  495-10

Honolulu, Hawaii

                , 2010

RE:   H.B. No. 2129

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 2129 entitled:

"A BILL FOR AN ACT RELATING TO GRAFFITI,"

begs leave to report as follows:

     The purpose of this bill is to require persons convicted of criminal property damage involving graffiti to:

     (1)  Remove the graffiti within 30 days of sentencing;

     (2)  Perform community service for two years removing graffiti on other property within 100 yards of the site of the offense; and

     (3)  Reimburse property owners for two years for costs incurred in removing graffiti within 100 yards of the site of the offense.

     Hawaiian Electric Company, Hawaiian Electric Light Company, Maui Electric Company, and a concerned individual testified in support of this bill.  The Office of the Public Defender opposed this measure.

     Your Committee has amended this bill by:

     (1)  Specifying that the maximum period for performing community service and reimbursing property owners shall not exceed the maximum probationary period allowed for the offense charged; and

     (2)  Changing the effective date to December 21, 2058, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2129, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2129, H.D. 1, and be placed on the calendar for Third Reading.

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

____________________________

JON RIKI KARAMATSU, Chair