SF 40

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to civil actions; graffiti; allowing the 
  1.3             recovery of damages for graffiti; proposing coding for 
  1.4             new law in Minnesota Statutes, chapter 617. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [617.90] [GRAFFITI DAMAGE ACTION.] 
  1.7      Subdivision 1.  [DEFINITION.] For purposes of this section 
  1.8   "graffiti" means unauthorized markings of paint, chalk, dye, or 
  1.9   other similar substance that have been placed on real or 
  1.10  personal property such as buildings, fences, or other 
  1.11  structures, or the unauthorized etching or scratching of the 
  1.12  surfaces of such real or personal property, any of which 
  1.13  markings, scratchings, or etchings are visible from premises 
  1.14  open to the public. 
  1.15     Subd. 2.  [CAUSE OF ACTION.] An action for damage to 
  1.16  property caused by graffiti may be brought by the owner of 
  1.17  public or private property on which graffiti has been placed. 
  1.18  Damages may be recovered for three times the cost of restoring 
  1.19  the property, or the court may order an indigent defendant to 
  1.20  perform the work of restoring the property.  Damages may be 
  1.21  recovered from an individual who placed graffiti on public or 
  1.22  private real or personal property or from the parent of a minor 
  1.23  individual, as provided in section 540.18.  The court shall 
  1.24  award attorney fees and costs to a prevailing plaintiff. 
  1.25     Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
  2.1      Section 1 is effective August 1, 2003, and applies to 
  2.2   causes of action arising on or after that date.