Bill Text: HI HB2592 | 2024 | Regular Session | Introduced

Hawaii House Bill 2592

Introduced

Bill Title: Relating To Graffiti.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced) 2024-01-26 - Referred to JHA, referral sheet 3 [HB2592 Detail]

Download: Hawaii-2024-HB2592-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	2592
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

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 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.

(2) In lieu of performing graffiti removal pursuant to subsection (1), the court may require a person to perform one hundred hours of community service if the government agency that is responsible for supervising the graffiti removal lacks the necessary resources to ensure the person's compliance with subsection (1).

(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.

(4) This section shall apply to all counties; provided that if a county enacts an ordinance that imposes enhanced penalties for graffiti in certain designated zones within that county, the county ordinance shall supersede this section and no person subject to the county ordinance shall be sentenced under this section."

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. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Penal Code; Graffiti; Sentencing; Counties

Description:

Allows the counties to impose, by ordinance, enhanced penalties for graffiti in certain designated zones and supersede graffiti sentencing requirements under the Penal Code.

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