STAND. COM. REP. NO. 2974

Honolulu, Hawaii

RE:    H.B. No. 2129

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

Madam:

     Your Committee on Judiciary and Government Operations, to which was referred H.B. No. 2129, 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 require a person sentenced for an offense in which the damage is caused by graffiti, in addition to any other penalty, to:

     (1)  Remove the graffiti from the damaged property; and

     (2)  For a period of time not to exceed the maximum period for which a convicted person may be sentenced for the offense:

          (A)  Perform community service removing any graffiti applied to other property within one hundred yards of the site of the offense for which the person was sentenced; and

          (B)  Reimburse the costs incurred by any property owner to remove graffiti applied to other property within one hundred yards of the site of the offense for which the person was sentenced.

     Testimony in support of the measure, with suggested amendments, was submitted by Hawaiian Electric Company, Inc.  Testimony in opposition to the measure was submitted by the Office of the Public Defender.  Comments regarding the measure were submitted by the Hawaii Community Development Authority.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that graffiti is a community-wide problem, and the intent of this measure is to impose appropriate penalties that will act as a deterrent to this type of property crime.  Your Committee notes that testimony from Hawaiian Electric Company, Inc., suggested an amendment to require a property owner's consent prior to the removal of graffiti in order to avoid possible risk of serious injuries from the removal of graffiti from any electrical equipment.  Additionally, testimony from the Office of the Public Defender raised concerns regarding the imposition of penalties requiring removal of graffiti and reimbursement of property owners by a defendant, even if the defendant was not involved with the later incidents of graffiti damage.

     Your Committee has amended this measure by:

     (1)  Clarifying that a property owner or owner's consent must be obtained prior to the removal of graffiti;

     (2)  Revising language addressing imposition of the penalties regarding the damage to the adjacent property;

     (3)  Making the measure effective upon its approval; and

     (4)  Making technical, nonsubstantive amendments for purposes of clarity and style.

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

____________________________

BRIAN T. TANIGUCHI, Chair