SB116 H JUD AM 4-8 #1

    The Committee on the Judiciary moves to amend the bill on page one, following the enacting section, by striking out the remainder of the bill and inserting in lieu thereof, the following language:

“ARTICLE 3. CRIMES AGAINST PROPERTY.

§61-3-59. Graffiti.

    (a) As used in this section, “graffiti” means any unauthorized inscription, word, figure or design that is marked, etched, scratched, drawn, painted on or affixed to the public or private property, real or personal, of another, which defaces the property. As used in this section, “value of the loss” is determined by the cost of repair, replacement or restoration of the defaced property.

    (b) (1) A person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner where the value of the loss is less than $1,000, is guilty of a misdemeanor. For a second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than forty-eight hours nor more than six months or fined not more than $2,000 or both. For third and subsequent offenses the person is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than five days nor more than one year or fined not more than $10,000 or both.

    (2) In determining the number of prior conviction for the purposes of imposing punishment pursuant to this subsection, the court shall disregard all such convictions more than ten years prior to the offense in question.

    (c) Notwithstanding the provisions of subsection (b) of this section, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner where the value of the loss is greater than $1,000, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not less than five days nor more than one year or fined not more than $10,000 or both.

    (d) If a person commits more than one offense under this section, pursuant to a common scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses shall be aggregated for the purpose of determining the penalty prescribed in this section.