Introduced Version
Senate Bill 116 History
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Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 116
(By Senators Jenkins and McCabe)
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[Introduced February 13, 2013; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-59, relating to
crimes against property involving graffiti; defining offenses
and a term;
establishing misdemeanor and felony criminal
penalties; providing for mandatory court-approved community
service; permitting court-ordered restitution; providing for
suspension of driver's license in certain circumstances;
providing that if an offender does not have a driver's license
that person may be temporarily prohibited from applying for
one; providing that affected property owners may institute a
civil action to recover damages in an amount up to three times
the loss or the cost of restoration, attorneys' fees and
costs; and providing that civil liability is not precluded by
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3-59, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-59. Graffiti; definition; penalties; restitution; driver's
license suspension; damages recoverable in a civil
action.
(a) As used in this section, "graffiti" means any unauthorized
inscription, word, figure or design that is marked, etched,
scratched, drawn or painted on any real or personal property.
(b) A person who places graffiti on public or private
property, real or personal, of another, without the permission of
the owner is guilty of a misdemeanor and, upon conviction thereof,
for a first offense, may be confined in jail not less than
twenty-four hours nor more than six months or fined not more than
$1,000, or both fined and confined. For a second offense, the
person is guilty of a misdemeanor and, upon conviction thereof, may
be confined in jail not less than forty-eight hours nor more than
six months or fined not more than $2,000, or both fined and
confined. For third and subsequent offenses, the person is guilty
of a felony and, upon conviction thereof, may be confined in a correctional facility for not less than one nor more than three
years or fined not more than $10,000, or both fined and confined.
(c) Any conviction for a violation of subsection (b) of this
section for an offense which occurred more than ten years prior to
the date of arrest in a current proceeding, that previous
conviction may not be considered for the purposes of imposing a
sentence under that subsection relating to a second, third and
subsequent offense.
(d) The court may, in addition to any other fine or penalty
imposed, order a person who violates this section to pay
restitution.
(e) A person convicted under this section shall be sentenced
to not less than one hundred twenty hours of court-approved
community service. The court may order the person to repair,
replace, or clean up the property damaged or destroyed by the
person or any other public or private property, with approval of
the owner, that is located in the county where the offense
occurred.
(f) If a person who is less than eighteen years of age is
found guilty of violating this section, the court may, in addition
to any other penalty imposed, issue an order suspending the
driver's license of the person for not more than two years. If the
person does not possess a driver's license, the court may issue an order prohibiting the person from applying for a driver's license
for not less than six months and not more than two years. The court
shall, within five days after issuing the order, forward to the
Division of Motor Vehicles any licenses together with a copy of the
order.
(g) A criminal penalty imposed pursuant to this section is in
addition to any civil penalty or other remedy available pursuant to
this section or another statute for the same conduct.
(h) The owner of public or private property that has been
damaged by graffiti may bring a civil action against the person who
placed the graffiti on the property. The court may award to the
property owner damages in an amount up to three times the amount of
any loss in value to the property or up to three times the cost of
restoring the property plus attorney's fees and costs, or both.
NOTE: The purpose of this bill is to make it a crime
to place
graffiti on real and personal property. The bill defines the
offenses and a term.
The bill establishes misdemeanor and felony
criminal penalties
. The bill provides for suspension of driver's
license in certain circumstances. The bill provides for sentencing
of community service. The bill provides that
affected property
owners may institute a civil action for recovery of damages in an
amount up to three times the loss or the cost of restoration,
attorneys' fees and costs. The bill provides that civil liability
is not precluded by criminal provisions.
This section is new; therefore, strike-throughs and
underscoring have been omitted.