S-1860               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5267

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Talmadge, McCaslin and Moore)

Read first time 2/15/89.

AN ACT Relating to graffiti; amending RCW 4.24.190; adding a new section to chapter 9.91 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9.91 RCW to read as follows:

          (1) As used in this section "spray paint" means any paint packaged in an aerosol container.

          (2) No person may write, paint, or draw any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property.

          (3) No person may possess spray paint in, on, or around any public building, facility, or place with the intent to violate the provisions of subsection (2) of this section.

          (4) Any person who violates subsection (2) or (3) of this section and whose spray paint is seized by and is in the custody of a law enforcement agency shall lose all right such person may have to possession thereof.

        Sec. 2.  Section 1, chapter 99, Laws of 1961 as last amended by section 1, chapter 145, Laws of 1977 ex. sess. and RCW 4.24.190 are each amended to read as follows:

          The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall wilfully or maliciously destroy or deface property, real or personal or mixed, or who shall wilfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed three thousand dollars.  This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence.