HOUSE BILL REPORT

                  SB 6115

                      As Passed House:

                      February 27, 1996

Title:  An act relating to malicious mischief.

Brief Description:  Revising penalties for persons who damage property with graffiti.

Sponsors:  Senators Wojahn, Snyder, Haugen, Goings, Winsley, Bauer and Oke.

Brief History:

  Committee Activity:

Law & Justice:  2/21/96 [DP].

  Floor Activity:

     Passed House:  2/27/96, 98-0.

HOUSE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.  Signed by 16 members:  Representatives Sheahan, Chairman; Delvin, Vice Chairman; Hickel, Vice Chairman; Dellwo, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Murray; Robertson; Smith; Sterk and Veloria.

Staff:  Bill Perry (786-7123).

Background:  A person can be charged with the crime of malicious mischief if he or she knowingly and maliciously causes physical damage to the property of another.  The degree of the offense is generally dependent on the dollar amount of the damage done.  If the amount of damage

!exceeds $1,500, or interrupts or impairs certain public services, the crime is a class B felony;

!exceeds $250 but is less than $1,500, or creates a risk to certain public services, the crime is a class C felony;

!exceeds $50 but is less than $250, the crime is a gross misdemeanor; and

!is less than $50, the crime is a misdemeanor. 

If a minor child living with his or her parents willfully and maliciously destroys property of another person, the parents of the child may be civilly liable for damages in an amount not to exceed $5,000.  This vicarious parental liability provision may not apply to a typical instance of graffiti by a child because the graffiti typically does not "destroy" property.

Summary of Bill:  Writing, painting, or drawing any inscription, figure, or mark on the real or personal property of another person without that person's express permission is at least third-degree malicious mischief, a gross misdemeanor.  The requirements that the crime be committed "knowingly and maliciously" and that it result in damage are eliminated for third-degree malicious mischief involving such writing, painting, or drawing.

When such writing, painting, or drawing is knowingly and maliciously done, it remains a class C felony if it causes damage of more than $250 or creates a risk to emergency or public utility services, and it remains a class B felony if it causes more than $1,500 damage or causes an impairment to emergency or public utility services.

The parental liability statute is amended to cover damages caused when a child willfully or maliciously "defaces" property.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The problem of graffiti on public and private property is increasing.  Graffiti not only damages the property it appears on, it also increases fear in communities and promotes disregard for the property of others.  The bill appropriately increases the penalties for defacing property.

Testimony Against:  None.

Testified:  Senator Lorraine Wojahn, prime sponsor; Ruth Swanson, Tacoma small businesses (pro); and Randy Lewis, City of Tacoma (pro).