HF 3492

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crimes; prohibiting graffiti; providing incarcerative and intermediate
sanctions; proposing coding for new law in Minnesota Statutes, chapter 609.

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

Section 1.

new text begin [609.5951] GRAFFITI; DEFINITION.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 609.5951 to 609.5957, the
terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Bona fide evidence of majority and identity. new text end

new text begin "Bona fide evidence of
majority and identity" is any document evidencing the age and identity of an individual
which has been issued by a federal, state, or local governmental entity, and includes, but is
not limited to, a driver's license, a Minnesota identification card, or an identification card
issued to a member of the armed forces.
new text end

new text begin Subd. 3. new text end

new text begin Graffiti. new text end

new text begin "Graffiti" means any form of unauthorized painting, writing, or
inscription, regardless of the content or nature of the material used in the commission
of the act.
new text end

new text begin Subd. 4. new text end

new text begin Posted. new text end

new text begin "Posted" means a sign placed in a reasonable location or locations
stating it is a misdemeanor to possess a spray can of paint in that public facility, park,
playground, swimming pool, beach, or recreational area without valid authorization.
new text end

Sec. 2.

new text begin [609.5952] AEROSOL PAINT; SALE; DEFACING PROPERTY;
PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Act. new text end

new text begin (a) It is unlawful for any person, firm, or corporation, except
a parent or legal guardian, to sell, give, or in any way furnish to another person, who
is under the age of 18 years, any aerosol container of paint that is capable of defacing
property without first obtaining bona fide evidence of majority and identity.
new text end

new text begin (b) A violation of paragraph (a) is a misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin This section does not apply to the furnishing of six ounces or
less of an aerosol container of paint to a minor for the minor's use or possession under the
supervision of the minor's parent, guardian, instructor, or employer.
new text end

new text begin Subd. 3. new text end

new text begin Exception; school-related activities. new text end

new text begin Aerosol containers of paint or
related substances may be furnished for use in school-related activities that are part of the
instructional program when used under controlled and supervised situations within the
classroom or on the site of a supervised project.
new text end

Sec. 3.

new text begin [609.5953] MINOR PURCHASE OF AEROSOL PAINT; POSSESSION;
DEFACING PROPERTY; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Minor purchases. new text end

new text begin It is unlawful for any person under the age of 18
years to purchase an aerosol container of paint that is capable of defacing property.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin Every retailer selling or offering for sale in this state aerosol
containers of paint capable of defacing property shall post in a conspicuous place a sign
in letters at least three-eighths of an inch high stating: "Any person who maliciously
defaces real or personal property with paint is guilty of a crime which is punishable by
a fine, imprisonment, or both."
new text end

new text begin Subd. 3. new text end

new text begin Plain view. new text end

new text begin It is unlawful for any person to carry on his or her person and
in plain view to the public an aerosol container of paint while in any posted public facility,
park, playground, swimming pool, beach, or recreational area, other than a highway,
street, alley, or way, unless the person has first received valid authorization from the
governmental entity which has jurisdiction over the public area.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A violation of subdivision 1 is a misdemeanor.
new text end

new text begin Subd. 5. new text end

new text begin Minor possession. new text end

new text begin (a) It is unlawful for any person under the age of 18
years to possess an aerosol container of paint for the purpose of defacing property while
on any public highway, street, alley, or way, or other public place, regardless of whether
that person is or is not in any automobile, vehicle, or other conveyance.
new text end

new text begin (b) As a condition of probation for any violation of this subdivision, the court may
order a defendant convicted of a violation of this subdivision to perform community
service as follows:
new text end

new text begin (1) for a first conviction under this subdivision, community service not to exceed
100 hours over a period not to exceed 90 days during a time other than during hours of
school attendance or employment;
new text end

new text begin (2) if the person has a prior conviction under this subdivision, community service
not to exceed 200 hours over a period of 180 days during a time other than during hours
of school attendance or employment; or
new text end

new text begin (3) if the person has two prior convictions under this subdivision, community service
not to exceed 300 hours over a period not to exceed 240 days during a time other than
during hours of school attendance or employment.
new text end

new text begin (c) A violation of this subdivision is a misdemeanor.
new text end

Sec. 4.

new text begin [609.5954] POSSESSION OF DRILL BITS; PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Act. new text end

new text begin A person who possesses a masonry or glass drill bit, a carbide
drill bit, a glass cutter, a grinding stone, an awl, a chisel, or a carbide scribe with the intent
to commit graffiti, is guilty of a misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Condition of probation. new text end

new text begin As a condition of probation for any violation
of this section, the court may order the defendant to perform community service not to
exceed 90 hours during a time other than hours of school attendance or employment.
new text end

Sec. 5.

new text begin [609.5955] GOVERNMENTAL PROPERTY; GRAFFITI; PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Acts. new text end

new text begin Any person who writes, sprays, scratches, or otherwise affixes
graffiti on or in the facilities or vehicles of a governmental entity, or on or in the facilities
or vehicles of a public transportation system, or on or in the facilities of or vehicles
operated by entities subsidized by, the Department of Transportation, or on or in any
leased or rented facilities or vehicles for which any of the above entities incur costs of
less than $250 for cleanup, repair, or replacement is guilty of an infraction, punishable
by a fine not to exceed $500 and by a minimum of 24 hours of community service for a
total time not to exceed 100 hours over a period not to exceed 90 days, during a time other
than during hours of school attendance or employment.
new text end

new text begin Subd. 2. new text end

new text begin Cleanup. new text end

new text begin (a) Upon conviction of any person under subdivision 1, the court
may also, at the victim's option, order the defendant to perform the necessary labor to
cleanup, repair, or replace the property damaged by that person, but shall not order the
person to pay for any related costs incurred by the cleanup, repair, or replacement of the
property.
new text end

new text begin (b) If a minor is personally unable to pay any fine levied for violating subdivision
1, the parent or legal guardian of the minor shall be liable for payment of the fine. A
court may waive payment of the fine by the parent or legal guardian upon a finding of
good cause.
new text end

new text begin (c) Any fine levied for a violation of subdivision 1 shall be credited by the county
treasurer to the governmental entity having jurisdiction over, or responsibility for, the
facility or vehicle involved, to be used for removal of the graffiti. Before crediting these
fines to the appropriate governmental entity, the county may determine the administrative
costs it has incurred pursuant to this section, and retain an amount equal to those costs.
new text end

new text begin (d) Any community service which is required pursuant to subdivision 1 of a person
under the age of 18 years may be performed in the presence, and under the direct
supervision, of the person's parent or legal guardian.
new text end

new text begin (e) As used in this section, graffiti means any form of unauthorized painting, writing,
or inscription regardless of the content or nature of the material used in the commission
of the act.
new text end

Sec. 6.

new text begin [609.5956] GRAFFITI; HIGHWAYS OR APPURTENANCES;
PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Acts. new text end

new text begin Any person who violates sections 609.5952 to 609.5954 on or
within 100 feet of a highway, or its appurtenances, including, but not limited to, guardrails,
signs, traffic signals, snow poles, and similar facilities, excluding signs naming streets, is
guilty of a misdemeanor. A person convicted a second or subsequent time of a violation of
section 609.5952, 609.5953, or 609.5954 is guilty of a gross misdemeanor.
new text end

new text begin Subd. 2. new text end

new text begin Condition of probation. new text end

new text begin (a) As a condition of probation, the court may
order the defendant to perform community service not to exceed 100 hours over a period
not to exceed 90 days during a time other than during hours of school attendance or
employment.
new text end

new text begin (b) If the person has been convicted previously of this offense, the court may, in
addition, order the defendant to perform community service not to exceed 200 hours
over a period not to exceed 180 days during a period other than during hours of school
attendance or employment.
new text end

new text begin (c) If the person has been convicted twice previously of this offense, the court, in
addition, may order the defendant to perform community service not to exceed 300 hours
over a period not to exceed 240 days.
new text end

Sec. 7.

new text begin [609.5957] PENALTY ENHANCEMENT.
new text end

new text begin Any person convicted previously of a violation of section 609.5952, 609.5953,
609.5954, or 609.5955, or any combination of those offenses, on two occasions, and
having been incarcerated under a sentence, a conditional sentence, or a grant of probation
for at least one of the convictions, is subsequently convicted under one of those sections,
may be ordered by the court as a condition of probation to perform community service not
to exceed 300 hours over a period not to exceed 240 days during a time other than during
hours of school attendance or employment.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective August 1, 2007, and apply to crimes committed on or
after that date.
new text end