SF 1002

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to property; providing remedies for graffiti 
  1.3             vandalism; authorizing release of names of certain 
  1.4             juvenile offenders; imposing parental liability; 
  1.5             imposing penalties; amending Minnesota Statutes 1994, 
  1.6             sections 13.84, subdivision 5a; and 260.161, by adding 
  1.7             a subdivision; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 611A. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 13.84, 
  1.11  subdivision 5a, is amended to read: 
  1.12     Subd. 5a.  [PUBLIC BENEFIT DATA.] (a) The responsible 
  1.13  authority or its designee of a parole or probation authority or 
  1.14  correctional agency may release private or confidential court 
  1.15  services data related to:  
  1.16     (1) criminal acts to any law enforcement agency, if 
  1.17  necessary for law enforcement purposes; and 
  1.18     (2) criminal acts or delinquent acts to the victims of 
  1.19  criminal or delinquent acts to the extent that the data are 
  1.20  necessary for the victim to assert the victim's legal right to 
  1.21  restitution; in the case of delinquent acts, the data may also 
  1.22  include the names of the juvenile's parents or legal guardian.  
  1.23     (b) A parole or probation authority, a correctional agency, 
  1.24  or agencies that provide correctional services under contract to 
  1.25  a correctional agency may release to a law enforcement agency 
  1.26  the following data on defendants, parolees, or probationers:  
  1.27  current address, dates of entrance to and departure from agency 
  2.1   programs, and dates and times of any absences, both authorized 
  2.2   and unauthorized, from a correctional program.  
  2.3      (c) The responsible authority or its designee of a juvenile 
  2.4   correctional agency may release private or confidential court 
  2.5   services data to a victim of a delinquent act to the extent the 
  2.6   data are necessary to enable the victim to assert the victim's 
  2.7   right to request notice of release under section 611A.06.  The 
  2.8   data that may be released include only the name, home address, 
  2.9   and placement site of a juvenile who has been placed in a 
  2.10  juvenile correctional facility as a result of a delinquent act.  
  2.11     Sec. 2.  Minnesota Statutes 1994, section 260.161, is 
  2.12  amended by adding a subdivision to read: 
  2.13     Subd. 1c.  [GRAFFITI VANDALISM.] (a) For purposes of this 
  2.14  subdivision, "graffiti" means initials, marks, symbols, designs, 
  2.15  inscriptions, or other drawings scratched, painted, inscribed, 
  2.16  or otherwise affixed on a structure.  "Graffiti vandalism 
  2.17  offense" means an offense that would be a crime under section 
  2.18  609.595 if committed by an adult and that involved the use of 
  2.19  graffiti. 
  2.20     (b) In cases where a juvenile is found to have committed a 
  2.21  second or subsequent graffiti vandalism offense, the court may 
  2.22  authorize the release to the public the name of the juvenile, 
  2.23  the juvenile's parent or legal guardian, and a description of 
  2.24  the offense. 
  2.25     Sec. 3.  [611A.90] [CIVIL DAMAGES AND PENALTIES FOR 
  2.26  GRAFFITI VANDALISM.] 
  2.27     Subdivision 1.  [DEFINITION.] (a) For purposes of this 
  2.28  section, the following terms have the meanings given them. 
  2.29     (b) "Graffiti" means initials, marks, symbols, designs, 
  2.30  inscriptions, or other drawings scratched, painted, inscribed, 
  2.31  or otherwise affixed on a structure. 
  2.32     (c) "Graffiti vandalism" means conduct that would 
  2.33  constitute a violation of section 609.595 and that involved the 
  2.34  use of graffiti. 
  2.35     Subd. 2.  [DAMAGES; CIVIL PENALTY.] A person who owns 
  2.36  property that is damaged by graffiti vandalism is entitled to 
  3.1   recover damages and a civil penalty from the person who 
  3.2   committed the graffiti vandalism.  The plaintiff is entitled to 
  3.3   recover: 
  3.4      (1) the costs of cleaning and repairing the damage to the 
  3.5   property and any decrease in the value of the property caused by 
  3.6   the graffiti; and 
  3.7      (2) a civil penalty in an amount of $2,000; or 
  3.8      (3) $2,500 if the defendant has previously been held 
  3.9   civilly or criminally liable for graffiti vandalism, regardless 
  3.10  of whose property was involved. 
  3.11     Subd. 3.  [ENFORCEMENT.] An action under this section may 
  3.12  be brought by the person whose property was damaged or by the 
  3.13  city or county attorney in whose jurisdiction the offense took 
  3.14  place.  If the action is brought by the city or county attorney, 
  3.15  one-half of the penalty recovered under subdivision 2, clause 
  3.16  (2) or (3), must be entered as a judgment in favor of the 
  3.17  jurisdiction that employs the city or county attorney. 
  3.18     Subd. 4.  [PARENTAL LIABILITY.] Section 540.18 applies to 
  3.19  actions under this section, except that the parent or guardian 
  3.20  is liable for the full amount of all damages and penalties 
  3.21  awarded under subdivision 2. 
  3.22     Subd. 5.  [RELATION TO OTHER PROCEEDINGS; BURDEN OF PROOF.] 
  3.23  An action may be brought under this section regardless of the 
  3.24  existence or outcome of criminal or juvenile court proceedings 
  3.25  involving the graffiti vandalism that is the basis for the 
  3.26  action.  The burden of proof in an action under this section is 
  3.27  preponderance of the evidence. 
  3.28     Subd. 6.  [OTHER RIGHTS PRESERVED.] The remedies under this 
  3.29  section do not affect any rights or remedies of the plaintiff 
  3.30  under other law. 
  3.31     Sec. 4.  [EFFECTIVE DATE.] 
  3.32     This act is effective August 1, 1995, and applies to 
  3.33  offenses committed on or after that date.