SF 1028

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to property; creating a civil cause of action 
  1.3             for graffiti vandalism; authorizing the release to 
  1.4             certain crime victims of the names of a juvenile's 
  1.5             parents or legal guardians; increasing the limit of 
  1.6             civil penalties applicable to parents of a juvenile 
  1.7             who willfully and maliciously damages property or 
  1.8             injures people; amending Minnesota Statutes 1996, 
  1.9             sections 13.84, subdivision 5a; and 540.18, 
  1.10            subdivision 1; proposing coding for new law in 
  1.11            Minnesota Statutes, chapter 611A. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 13.84, 
  1.14  subdivision 5a, is amended to read: 
  1.15     Subd. 5a.  [PUBLIC BENEFIT DATA.] (a) The responsible 
  1.16  authority or its designee of a parole or probation authority or 
  1.17  correctional agency may release private or confidential court 
  1.18  services data related to:  
  1.19     (1) criminal acts to any law enforcement agency, if 
  1.20  necessary for law enforcement purposes; and 
  1.21     (2) criminal acts or delinquent acts to the victims of 
  1.22  criminal or delinquent acts to the extent that the data are 
  1.23  necessary for the victim to assert the victim's legal right to 
  1.24  restitution; and 
  1.25     (3) the names of the parents or legal guardians of a 
  1.26  juvenile adjudicated as delinquent to the victims of the 
  1.27  delinquent act to the extent necessary for the victim to assert 
  1.28  the victim's rights under section 540.18 or 611A.89.  
  2.1      (b) A parole or probation authority, a correctional agency, 
  2.2   or agencies that provide correctional services under contract to 
  2.3   a correctional agency may release to a law enforcement agency 
  2.4   the following data on defendants, parolees, or probationers:  
  2.5   current address, dates of entrance to and departure from agency 
  2.6   programs, and dates and times of any absences, both authorized 
  2.7   and unauthorized, from a correctional program.  
  2.8      (c) The responsible authority or its designee of a juvenile 
  2.9   correctional agency may release private or confidential court 
  2.10  services data to a victim of a delinquent act to the extent the 
  2.11  data are necessary to enable the victim to assert the victim's 
  2.12  right to request notice of release under section 611A.06.  The 
  2.13  data that may be released include only the name, home address, 
  2.14  and placement site of a juvenile who has been placed in a 
  2.15  juvenile correctional facility as a result of a delinquent act.  
  2.16     Sec. 2.  Minnesota Statutes 1996, section 540.18, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  The parent or guardian of the person of a 
  2.19  minor who is under the age of 18 and who is living with the 
  2.20  parent or guardian and who willfully or maliciously causes 
  2.21  injury to any person or damage to any property is jointly and 
  2.22  severally liable with such minor for such injury or damage to an 
  2.23  amount not exceeding $1,000 $2,000, if such minor would have 
  2.24  been liable for such injury or damage if the minor had been an 
  2.25  adult.  If the court determines that the minor has previously 
  2.26  willfully or maliciously caused injury to any person or damage 
  2.27  to any property, the limit on damages is $2,500.  Nothing in 
  2.28  this subdivision shall be construed to relieve such minor from 
  2.29  personal liability for such injury or damage.  The liability 
  2.30  provided in this subdivision is in addition to and not in lieu 
  2.31  of any other liability which may exist at law.  Recovery under 
  2.32  this section shall be limited to special damages. 
  2.33     Sec. 3.  [611A.89] [CIVIL DAMAGES FOR GRAFFITI VANDALISM.] 
  2.34     Subdivision 1.  [DEFINITION.] As used in this section: 
  2.35     (1) "graffiti" includes initials, marks, symbols, designs, 
  2.36  inscriptions, or other drawings scratched, painted, inscribed, 
  3.1   or otherwise affixed on a structure; and 
  3.2      (2) "graffiti vandalism" means conduct that would 
  3.3   constitute a violation of section 609.595 and that involved the 
  3.4   use of graffiti. 
  3.5      Subd. 2.  [DAMAGES; CIVIL PENALTY.] A person who owns 
  3.6   property that is damaged by graffiti vandalism has a civil cause 
  3.7   of action against the person who committed the graffiti 
  3.8   vandalism.  The plaintiff is entitled to recover: 
  3.9      (1) the costs of repairing the damage to the property and 
  3.10  any decrease in the value of the property caused by the 
  3.11  graffiti; and 
  3.12     (2) a civil penalty in the amount of $2,000, or $2,500 if 
  3.13  the defendant has previously been held civilly or criminally 
  3.14  liable for graffiti vandalism, regardless of whose property was 
  3.15  involved. 
  3.16     Subd. 3.  [ENFORCEMENT.] An action under this section may 
  3.17  be brought by the person whose property was damaged or by the 
  3.18  city or county attorney in whose jurisdiction the offense took 
  3.19  place. 
  3.20     Subd. 4.  [PARENTAL LIABILITY.] Section 540.18 applies to 
  3.21  actions under this section, except that the parent or guardian 
  3.22  is liable for the full amount of all damages awarded under 
  3.23  subdivision 2. 
  3.24     Subd. 5.  [RELATION TO OTHER PROCEEDINGS; BURDEN OF PROOF.] 
  3.25  An action may be brought under this section regardless of the 
  3.26  existence or outcome of criminal proceedings involving the 
  3.27  graffiti vandalism that is the basis for the action.  The burden 
  3.28  of proof in an action under this section is preponderance of the 
  3.29  evidence. 
  3.30     Subd. 6.  [OTHER RIGHTS PRESERVED.] The remedies under this 
  3.31  section do not affect any rights or remedies of the plaintiff 
  3.32  under other law. 
  3.33     Sec. 4.  [EFFECTIVE DATE.] 
  3.34     Sections 1 to 3 are effective August 1, 1997, and apply to 
  3.35  offenses committed on or after that date.