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HOUSE OF REPRESENTATIVES |
H.B. NO. |
555 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GRAFFITI.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 708-823.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§708-823.6[]] Graffiti;
sentencing. (1) Whenever a person is sentenced under section 708-821,
708-822, 708-823, or 708-823.5, for an offense in which the damage is caused by
graffiti, in addition to any penalty prescribed by those sections, the person
shall be required to:
(a) Remove the graffiti from the damaged property within thirty days of sentencing, if it has not already been removed and where consent from the respective property owner or owners has been obtained; and
(b) For a period of time not to exceed two years from
the date of sentencing, along with any other person or persons who may be
sentenced under this section for the same property, perform community service
removing, within fourteen days, any graffiti applied to other property within [one
hundred] two hundred and fifty yards of the site of the offense for
which the person was sentenced, where consent from the respective property
owner or owners has been obtained, even if the property was damaged by another
person[.];
provided that removal of graffiti shall not place the person or others in physical danger nor inconvenience the public.
(2) For purposes of this section, "graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances."
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 Statutory material to be repealed is bracketed and stricken.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 on January 7, 2050.
Report Title:
Graffiti; Sentencing
Description:
Requires a person convicted of criminal property damage by graffiti to remove graffiti from property within 250 yards of the site of the offense, if the property owner consents and the act of removal does not endanger the person or others nor inconvenience the public. Effective January 7, 2050. (HB555 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.