2013 -- S 0548 SUBSTITUTE A

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LC01908/SUB A/3

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO CRIMINAL OFFENSES -- TRESPASS AND VANDALISM

     Introduced By: Senator Maryellen Goodwin

     Date Introduced: February 28, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-44-21.1 of the General Laws in Chapter 11-44 entitled "Trespass

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and Vandalism" is hereby amended to read as follows:

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     11-44-21.1. Graffiti -- Defacing private residences, offices, businesses or commercial

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property. -- (a)(1) Every person who shall willfully, maliciously or mischievously write upon,

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paint, or otherwise deface the private property or residence of another, any office building,

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business or commercial property or public building or public property, shall be guilty of a

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misdemeanor., For for the first and second offense, said penalty shall not exceed a five hundred

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dollar ($500) one thousand dollars ($1,000) fine and community service not exceeding one

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hundred (100) two hundred (200) hours. Every person convicted of a second third or subsequent

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offense under this section shall be guilty of a felony, subject to imprisonment not exceeding two

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(2) years, a fine of fined up to one thousand dollars ($1,000) two thousand dollars ($2,000), and

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shall be required to perform up to two hundred (200) three hundred (300) hours of community

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service. The court, upon conviction or adjudication, shall order restitution to the victim in the

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amount of removal, repair, or replacement costs.

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     (2) If the graffiti is positioned on an overpass or an underpass and requires that traffic be

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interfered with in order to remove it, or the entity responsible for the area in which the clean-up is

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to take place must provide assistance in order for the removal to take place safely, the court shall

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order an additional assessment of one thousand dollars ($1,000).

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     (b) If the person is a minor, upon adjudication, in addition to the penalties in subsection

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(a):

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     (1) The family court may, in addition to any other order or decree the court makes under

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this chapter, order the division of motor vehicles to:

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     (i) Suspend the minor's operator's license; or

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     (ii) Invalidate the minor's learner's permit; for one year beginning the date of the order.

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     (2) Notwithstanding any other provision of this chapter, the family court may order the

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parent or legal guardian of any minor found to have committed the crime of graffiti, to submit

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restitution to the victim or victims of such graffiti by payment in money if the minor is in the

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custody of and residing with such parent or guardian, and if the family court finds, after hearing,

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that the graffiti was a direct result of the parent or legal guardian having neglected to exercise

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reasonable supervision and control of the minor's conduct. For the purposes of this section,

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liability for compensation shall be limited to ten thousand dollars ($10,000).

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     (3) If the person violates the family court's order to submit restitution under this section,

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such person shall be guilty of contempt. The court may permit payments under this section to be

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made in installments, for a period of up to seven (7) years, to be administered by the court.

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     SECTION 2. Chapter 11-44 of the General Laws entitled "Trespass and Vandalism" is

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hereby amended by adding thereto the following section:

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     11-44-21.2. Restitution or removal of graffiti -- Rescission of order suspending or

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invalidating operator's license or learner's permit. -- If a court of suitable jurisdiction has

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entered an order for suspension or invalidation of a minor's operator's license or a learner's permit

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pursuant to section 11-44-21.1, and if the same court subsequently determines that the minor has

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fulfilled his or her restitution obligation, the court may:

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     (1) Rescind the order for suspension or invalidation; and/or

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     (2) Allow the minor to receive a license or permit before the period of suspension or

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invalidation ends.

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     SECTION 3. This act shall take effect upon passage.

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LC01908/SUB A/3

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- TRESPASS AND VANDALISM

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     This act would amend and expand the penalties for creating graffiti and otherwise

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defacing certain property.

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     This act would take effect upon passage.

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LC01908/SUB A/3

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