HCS HB 1484 -- INSTITUTIONAL VANDALISM

SPONSOR:  Kissell (Overschmidt)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Public
Safety and Law Enforcement by a vote of 14 to 0.

This substitute makes changes to the crime of institutional
vandalism.

Currently, if damages are less than $1,000, institutional
vandalism is considered a class A misdemeanor; if damages are
more than $1,000, it is a class D felony; and if damages are
more than $5,000, it is a class C felony.

The substitute revises the penalties as follows:  if damages are
less than $500, institutional vandalism is a class A
misdemeanor; if damages are more than $500, it is a class D
felony; and if damages are more than $10,000, it is a class C
felony.  In addition, if damages are more than $100,000,
incarceration of 7 years without probation or parole is required.

In all cases of institutional vandalism, the offender must pay
restitution for damages to property.

The substitute also gives the right of civil action for damages
or losses to owners of property adjacent to cemeteries and
caretakers of abandoned family cemeteries.  Currently, only
those who incur bodily injury or damage to personal property
have a right to civil relief.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill makes necessary
increases to penalties for vandalism and allows restitution for
damages.  The bill also provides a remedy for individuals who
live near or have an interest in a cemetery, since family
members who have a cause of action are not always able to pursue
damages.

Testifying for the bill were Representatives Overschmidt and
Griesheimer.

OPPONENTS:  There was no opposition voiced to the committee.

Sarah Madden, Legislative Analyst

HB 1484 -- Institutional Vandalism

Co-Sponsors:  Overschmidt, Hosmer, Griesheimer

This bill makes changes to the crime of institutional vandalism.

Currently, if damages are less than $1,000, institutional
vandalism is considered a class A misdemeanor; if damages are
over $1,000, it is a class D felony; and if damages are over
$5,000, it is a class C felony.

The bill revises the penalties as follows:  if damages are less
than $500, institutional vandalism is a class A misdemeanor; if
damages are over $500, it is a class D felony; and if damages
are over $10,000, it is a class C felony.  In addition, if
damages are over $100,000, incarceration of 7 years without
probation or parole is required.

In all cases of institutional vandalism, the offender must pay
restitution for damages to property.

The bill also gives the right of civil action for damages or
losses to owners of property adjacent to cemeteries and
caretakers of abandoned family cemeteries.  Currently, only
those who incur bodily injury or damage to personal property
have a right to civil relief.