Bill Text: HI SB791 | 2017 | Regular Session | Amended

Hawaii Senate Bill 791 (Prior Session Legislation)

Bill Title: Relating To Property Damage.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2017-02-13 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. [SB791 Detail]

Download: Hawaii-2017-SB791-Amended.html

THE SENATE	S.B. NO.	791
TWENTY-NINTH LEGISLATURE, 2017		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PROPERTY DAMAGE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that graffiti is occurring more frequently, at the expense of the general public. Recent reports of incidents of graffiti include:

(1) Vandals targeting the Ewa beach community by spraying garage doors, homes, and other edifices with graffiti; and

(2) Vandalism at Moanalua high school, which resulted in twelve students being banned from participating in their graduation ceremony.

The legislature further finds that in order to deter graffiti and better account for damage caused, graffiti needs to be a separate offense with stiffer penalties.

The purpose of this Act is to create the offense of criminal property damage by graffiti.

SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§708- Criminal property damage by graffiti. (1) A person commits the offense of criminal property damage by graffiti if the person intentionally or knowingly damages the property of another and the damage is caused by graffiti.

(2) Criminal property damage by graffiti is a petty misdemeanor; provided that notwithstanding sections 706-640 and 706-641, a person convicted of criminal property damage by graffiti shall be subject to:

(a) A fine of no less than $ ; and

(b) A minimum term of imprisonment of days not to exceed the maximum term of imprisonment under section 706-663.

(3) For purposes of this section, graffiti shall be as defined in section 708-823.6."

SECTION 3. Section 708-823.6, Hawaii Revised Statutes, is amended by amending subsection (1) to read as follows:

"(1) Whenever a person is sentenced under section 708-821, 708-822, 708-823, [or] 708‑823.5, or 708- 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;

provided that removal of graffiti shall not place the person or others in physical danger nor inconvenience the public."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on January 7, 2059.

Report Title:

Property Damage; Graffiti

Description:

Creates a separate offense for criminal property damage by graffiti. Takes effect on 1/7/2059. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.