SF 587

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

A bill for an act
relating to public safety; decreasing the criminal penalty for damaging property
via graffiti and providing for a new standard of proof for the offense; 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. new text end

new text begin (a) Notwithstanding section 609.595, 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 not proof beyond a reasonable
doubt. Instead, a person may be held liable under this subdivision based on credible
testimony of a peace officer that identifies who is responsible for the graffiti.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2007, and applies to acts
committed on or after that date.
new text end