2013 -- S 0548

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LC01908

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES -- TRESPASS AND VANDALISM

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-44-21.1 of the General Laws in Chapter 11-44 entitled "Trespass

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and Vandalism" is hereby amended to read as follows:

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     11-44-21.1. Graffiti -- Defacing private residences, offices, businesses or commercial

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property. -- (a)(1) Every person who shall willfully, maliciously or mischievously write upon,

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paint, or otherwise deface the private property or residence of another, any office building,

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business or commercial property or public building or public property, shall be guilty of a

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misdemeanor ,except that when the damage to the property amounts to more than one thousand

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dollars ($1,000) such person so acting shall be guilty of a felony. For the first offense, said

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penalty shall not exceed a five hundred dollar ($500) fine and community service not exceeding

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one hundred (100) hours. Every person convicted of a second offense under this section shall be

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fined up to one thousand dollars ($1,000) and shall be required to perform up to two hundred

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(200) hours of community service. and is subject to imprisonment not exceeding one year. Each

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person convicted under this section shall be ordered to make restitution in the full amount of

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damage done unless waived by the court for good cause. The court may also require the offender

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to perform other alternative forms of restitution or repair to the damaged property.

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     (2) Damages include removal costs, repair costs, or replacement costs.

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     (3) The court, upon conviction or adjudication, shall order restitution to the victim in the

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amount of removal, repair, or replacement costs.

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     (4) An additional amount of one thousand dollars ($1,000) in restitution shall be added to

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removal costs if the graffiti is positioned on an overpass or an underpass, requires that traffic be

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interfered with in order to remove it, or the entity responsible for the area in which the clean-up is

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to take place must provide assistance in order for the removal to take place safely.

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     (5) A person who voluntarily and at his/her own expense, removes graffiti for which he

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or she is responsible may be credited for the removal costs against restitution ordered by a court.

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     (6) When a single occurrence of graffiti is committed by more than one individual, the

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court may apportion the amount of restitution owed by each offender in accordance with each

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offenders degree of culpability.

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     (b) When the person convicted of the crime of graffiti is a minor:

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     (1) The family court shall, when appropriate, order any child who is found to have

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committed the crime of graffiti of private property to write a formal apology to the victim or

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victims of such graffiti.

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     (2) The family court shall, when appropriate, order any child who is found to have

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committed the crime of graffiti of public property to write a report on the history and significance

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of that property to the community or on another topic, as determined by the court.

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     (3) The family court shall also order, when appropriate, any child who is found to have

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committed the crime of graffiti to contribute to the restoration of the property or to the restitution

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to the victim or victims of such graffiti by payment in money, by property repairs, by service to

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the injured party, or by service to the community.

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     (4) Notwithstanding any other provision of this chapter, the family court may order the

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parent or legal guardian of any child found to have committed the crime of graffiti, to submit

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restitution to the victim or victims of such graffiti by payment in money if the child is in the

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custody of and residing with such parent or guardian, and if the family court finds that the graffiti

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was a direct result of the parent or legal guardian having neglected to exercise reasonable

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supervision and control of the child's conduct. For the purposes of this section, liability for

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compensation shall be limited to ten thousand dollars ($10,000).

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     (5) If the person violates the family court's order to submit restitution under this section,

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such person shall be guilty of contempt. The court may permit payments under this section to be

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made in installments, for a period of up to seven (7) years, to be administered by the court.

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     (c) The family court may, in addition to any other order or decree the court makes under

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this chapter, order the division of motor vehicles to:

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     (1) Suspend the minor's operator's license; or

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     (2) Invalidate the minor's learner's permit; for one year beginning the date of the order. If

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the above subsection (c) is enacted, then the following subsection is suggested also.

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     SECTION 2. Chapter 11-44 of the General Laws entitled "Trespass and Vandalism" is

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hereby amended by adding thereto the following section:

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     11-44-21.2. Restitution or removal of graffiti -- Rescission of order suspending or

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invalidating operator's license or learner's permit. -- If a court of suitable jurisdiction has

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entered an order for suspension or invalidation of a minor's operator's license or a learner's permit

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pursuant to section 11-44-21.1, and if the same court subsequently determines that the minor has

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removed or painted over the graffiti or has made other suitable restitution, the court may:

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     (1) Rescind the order for suspension or invalidation; and/or

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     (2) Allow the minor to receive a license or permit before the period of suspension or

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invalidation ends.

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     SECTION 3. This act shall take effect upon passage.

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LC01908

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- TRESPASS AND VANDALISM

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     This act would amend and expand the penalties for creating graffiti and otherwise

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defacing certain property.

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     This act would take effect upon passage.

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LC01908

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