SECOND REGULAR SESSION

[TRULY AGREED TO AND FINALLY PASSED]

HOUSE BILL NO. 1086

88TH GENERAL ASSEMBLY

L2821.01T1996

AN ACT

To repeal section 574.085, RSMo 1994, relating to crimes and punishment, and to enact in lieu thereof one new section relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 574.085, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 574.085, to read as follows:

574.085. 1. A person commits the crime of institutional vandalism by knowingly vandalizing, defacing or otherwise damaging:

(1) Any church, synagogue or other building, structure or place used for religious worship or other religious purpose;

(2) Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;

(3) Any school, educational facility, community center, hospital or medical clinic owned and operated by a religious or sectarian group;

(4) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in subdivision (1), (2), or (3) of this subsection; or

(5) Any personal property contained in any institution, facility, building, structure or place described in subdivision (1), (2), or (3) of this subsection.

2. Institutional vandalism is punishable as follows:

(1) Institutional vandalism is a class A misdemeanor, except as provided in subdivisions (2) and (3) of this subsection;

(2) Institutional vandalism is a class D felony if the offender commits any act described in subsection 1 of this section which causes damage to, or loss of, the property of another in an amount in excess of [two thousand] one thousand dollars;

(3) Institutional vandalism is a class C felony if the offender commits any act described in subsection 1 of this section which causes damage to, or loss of, the property of another in an amount in excess of [ten thousand] five thousand dollars.

3. In determining the amount of damage to property or loss of property, for purposes of this section, damage includes the cost of repair or, where necessary, replacement of the property that was damaged or lost.