ASSEMBLY, No. 1317

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblymen ROMANO and PASCRELL

 

 

An Act concerning acts of graffiti, amending N.J.S.2C:17-3 and P.L.1981, c.282 and supplementing P.L.1982, c.77 (C.2A:4A-20 et seq.).

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. N.J.S.2C:17-3 is amended to read as follows:

    2C:17-3. Criminal mischief. a. Offense defined. A person is guilty of criminal mischief if he:

    (1) Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in section 2C:17-2a; or

    (2) Purposely or recklessly tampers with tangible property of another so as to endanger person or property.

    b. Grading. Criminal mischief is a crime of the third degree if the actor purposely causes pecuniary loss of $2,000.00 or more, or a substantial interruption or impairment of public communication, transportation (including, but not limited to, the defacement, injury or removal of an official traffic sign or signal), supply of water, gas or power, or other public service. It is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2,000.00, or a disorderly persons offense if he causes pecuniary loss of $500.00 or less.

    c. Whenever a person is convicted of an offense of criminal mischief that involves an act of graffiti the court, in addition to any other penalty imposed, shall:

    (1) require the person to perform 40 hours of community service for a first offense and 80 hours of community service for any subsequent offense which may include removing the graffiti from the property, if appropriate; and

    (2) suspend or postpone the person's license to operate a motor vehicle for not less than six months and not more than one year. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is younger than 17 years of age, the period of license postponement shall commence on the day the sentence is imposed and shall run for a period of six months to one year after the person reaches the age of 17 years.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person and submit the required report to the division. Upon receipt of the report, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

    d. As used in this section, "act of graffiti" means the drawing, painting or making of any mark or inscription with an indelible marker or spray paint on public or private real or personal property without the permission of the owner.

(cf: P.L.1991, c.336, s.1)

 

    2. Section 1 of P.L.1981, c.282 (C.2C:33-10) is amended to read as follows:

    1. a. A person is guilty of crime of the third degree if he purposely, knowingly or recklessly puts or attempts to put another in fear of bodily violence by placing on public or private property a symbol, an object, a characterization, an appellation or graffiti that exposes another to threats of violence, contempt or hatred on the basis of race, color, creed or religion, including, but not limited to a burning cross or Nazi swastika. A person shall not be guilty of an attempt unless his actions cause a serious and imminent likelihood of causing fear of unlawful bodily violence.

    b. Whenever a person is convicted of an offense of criminal mischief that involves an act of graffiti the court, in addition to any other penalty imposed, shall:

    (1) require the person to perform 40 hours of community service for a first offense and 80 hours of community service for any subsequent offense which may include removing the graffiti from the property, if appropriate; and

    (2) suspend or postpone the person's license to operate a motor vehicle for not less than six months and not more than one year. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is younger than 17 years of age, the period of license postponement shall commence on the day the sentence is imposed and shall run for a period of six months to one year after the person reaches the age of 17 years.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person and submit the required report to the division. Upon receipt of the report, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

(cf: P.L.1981, c.282, s.1)

 

    3. Section 2 of P.L.1981, c.282 (C.2C:33-11) is amended to read as follows:

    2. a. A person is guilty of a crime of the fourth degree if he purposely defaces or damages, without authorization of the owner or tenant, any private premises or property primarily used for religious, educational, residential, memorial, charitable, or cemetery purposes, or for assembly by persons of a particular race, color, creed or religion by placing thereon a symbol, an object, a characterization, an appellation, or graffiti that exposes another to threat of violence, contempt or hatred on the basis of race, color, creed or religion, including, but not limited to, a burning cross or Nazi swastika.

     b. Whenever a person is convicted of an offense of criminal mischief that involves an act of graffiti the court, in addition to any other penalty imposed, shall:

    (1) require the person to perform 40 hours of community service for a first offense and 80 hours of community service for any subsequent offense which may include removing the graffiti from the property, if appropriate; and

    (2) suspend or postpone the person's license to operate a motor vehicle for not less than six months and not more than one year. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement shall commence on the day the sentence is imposed and shall run for a period of six months to one year after the person reaches the age of 17 years.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person and submit the required report to the division. Upon receipt of the report, the division shall notify the appropriate officials in the licensing jurisdiction of the


suspension or postponement.

(cf: P.L.1981, c.282, s.2)

 

    4. (New section) Whenever a juvenile is adjudicated delinquent for an offense involving an act of graffiti which, if committed by an adult, would constitute criminal mischief pursuant to N.J.S.2C:17-3; attempting to put another in fear of bodily violence pursuant to section 1 of P.L.1981, c. 282 (C.2C:33-10); or defacement of private property pursuant to section 2 of P.L.1981, c.282 (C.2C:33-11) the court, in addition to any other penalty imposed, shall:

    a. require the juvenile to perform 40 hours of community service for a first offense and 80 hours of community service for any subsequent offense which may include removing the graffiti from the property, if appropriate; and

    b. suspend or postpone the juvenile's license to operate a motor vehicle for not less than six months and not more than one year. Upon the conviction of any juvenile under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If the juvenile at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement shall commence on the day the sentence is imposed and shall run for a period of six months to one year after the person reaches the age of 17 years.

    If the juvenile convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the juvenile and submit the required report to the division. Upon receipt of the report, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

 

    5. This act shall take effect on the first day of the first month after enactment.

 

 

STATEMENT

 

    This bill requires the imposition of community service and a period of driver's license suspension for any act of graffiti committed by an adult or juvenile. These penalties would be levied in addition to any others imposed by the court. An act of graffiti, as defined in section 1 of the bill, means the drawing, painting or making of any mark or inscription with an indelible marker or spray paint on public or private real or personal property without the permission of the owner.

    Under the provisions of the bill, the court would be required to suspend or postpone for six months to one year the driver's license of any adult or juvenile who is convicted of an act of graffiti. The person would also be required to perform 40 hours of community service for a first offense and 80 hours of community service for any subsequent offense. The community service may include removing the graffiti from the property, if appropriate.

 

 

 

Requires suspension of driver's license and community service for acts of graffiti.