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THE SENATE |
S.B. NO. |
3058 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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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, 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, or negligently contributes to the damage of the property of another, without the other's consent.
(2) Criminal property damage in the fourth
degree is a petty misdemeanor[.]; provided that the maximum fine shall
be $10,000.
(3) As used in this section, "negligently contributes" means the continuation of a pattern of behavior after being warned by a state or county agency that the pattern of behavior aids vandalism of the property of another."
SECTION 2. Section 708-823.6, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (1) to read:
"(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 two hundred 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; and
(c) Provide restitution to the respective property owner or owners in an amount not to exceed the cost of materials, supplies, equipment, and labor that may be necessary for the removal of the graffiti and the repair or restoration of the damaged property; provided that all costs shall be imposed even if the graffiti has already been removed;
provided that removal of graffiti shall not place the person or others in physical danger nor inconvenience the public."
2. By amending subsection (3) to read:
"(3) 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[.], or the application of any adhesive substance, such as
a sticker."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Graffiti; Criminal Property Damage in the Fourth Degree; Sentencing
Description:
Makes negligently contributing to the damage of the property of another, an offense of criminal property damage in the fourth degree. Increases the maximum fine for criminal property damage in the fourth degree to $10,000. Requires that a person sentenced for an offense involving criminal property damage in the second, third, or fourth degree, or aggravated criminal property damage, provide restitution to the respective property owner. Amends the definition of graffiti to include the application of an adhesive substance, such as a sticker.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.