Hawaii-2010-HB136-Introduced

HOUSE OF REPRESENTATIVES	H.B. NO.	136
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

SECTION 1. The legislature finds that graffiti is a persistent visual blight on schools, bus stops, freeway walls, road signs, buildings, and other public and private property statewide, despite efforts at eradication. The state department of transportation estimates that it spends approximately $25,000 each year to paint over approximately one hundred fifty thousand square feet of graffiti. Persons who have committed an act constituting graffiti, as defined by section 46-1.5(24)(C), Hawaii Revised Statutes, may be required to pay for the actual cost of having the damaged property repaired or replaced, be ordered to perform community service work in an amount commensurate with the costs of the damage for which they are unable to pay, or be ordered to perform community service.

The legislature also finds that offenders who commit acts of graffiti and have been sentenced to community service should be afforded an additional option to repay the community for their crime. The purpose of this Act is to establish a program that will coordinate graffiti eradication efforts by which graffiti offenders may discharge a community service sentence.

SECTION 2. There is established within the judiciary the graffiti eradication sentencing program. The program shall:

(1) Collaborate with the district courts, circuit courts, police departments, intake service centers, other law enforcement agencies, and community organizations to ensure the success of the program;

(2) Prescribe a course of action that a graffiti offender shall undertake to discharge a community service sentence;

(3) Coordinate the implementation, scheduling, and monitoring of graffiti eradication activities for graffiti offenders who have been sentenced to community service; and

(4) Document the completion of graffiti eradication activities for each graffiti offender participating in the program.

The judiciary shall submit an annual report to the legislature on the graffiti eradication sentencing program, including any recommendations and proposed legislation, not later than twenty days prior to the convening of each regular session.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 for the establishment and implementation of the graffiti eradication sentencing program.

The sums appropriated shall be expended by the judiciary for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2009.

INTRODUCED BY:	_____________________________