HF 4137

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

A bill for an act
relating to public safety; establishing a petty misdemeanor offense of damaging
property with graffiti and addressing how liability may be established; requiring
local approval; amending Minnesota Statutes 2006, section 617.90, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2006, section 617.90, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Petty misdemeanor; local approval required. new text end

new text begin (a) A person who damages
property through the addition of graffiti is guilty of a petty misdemeanor.
new text end

new text begin (b) Notwithstanding any other law or rule of criminal procedure to the contrary, the
standard of proof for liability under this subdivision is proof beyond a reasonable doubt,
which may rely on credible testimony of a peace officer, including hearsay, that identifies
who is responsible for the graffiti.
new text end

new text begin (c) Nothing in this subdivision limits the power of the state to punish any person
for conduct which constitutes a crime under any other statute, including, but not limited
to, section 609.595.
new text end

new text begin (d) This subdivision is effective in a statutory or home rule charter city when the city
council, or in the area outside the corporate limits of a city, the county board, adopts an
ordinance providing that it is effective within the city or county.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to acts
committed on or after that date.
new text end