Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 270 (2019GS)

Sponsor

Sen. Cullimore, K. A.

Final action

Governor Signed 3/25/2019

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• makes it a class B misdemeanor to vandalize public lands;
• specifies the punishments to be imposed for vandalism of public lands; and
• makes technical changes.

Every vote on this bill

Bill text

VANDALISM OF PUBLIC LANDS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Kirk A. Cullimore
House Sponsor: 
Robert M. Spendlove
LONG TITLE
General Description:
This bill makes vandalism of public lands a class B misdemeanor.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ makes it a class B misdemeanor to vandalize public lands;
▸ specifies the punishments to be imposed for vandalism of public lands; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-6-107
, as last amended by Laws of Utah 2013, Chapter 278
ENACTS:
76-6-107.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-6-107
 is amended to read:
76-6-107.
Graffiti defined -- Penalties -- Removal costs -- Reimbursement
liability.
(1) As used in this section:
(a) "Etching" means defacing, damaging, or destroying hard surfaces by means of a
chemical action which uses any caustic cream, gel, liquid, or solution.
(b) "Graffiti" means any form of unauthorized printing, writing, spraying, scratching,
affixing, etching, or inscribing on the property of another regardless of the content or the nature
of the material used in the commission of the act.
(c) "Victim" means the person [
or entity
] whose property [
was
] 
is
 defaced by the
graffiti and 
who
 bears the expense for [
its
] removal 
of the graffiti
.
(2) [
Graffiti
] 
Except as provided in Section 
76-6-107
, graffiti
 is a:
(a) second degree felony if the damage caused is in excess of $5,000;
(b) third degree felony if the damage caused is in excess of $1,000;
(c) class A misdemeanor if the damage caused is equal to or in excess of $300; and
(d) class B misdemeanor if the damage caused is less than $300.
(3) Damages under Subsection (2) include removal costs, repair costs, or replacement
costs, whichever is less.
(4) The court, upon conviction [
or adjudication
], shall order restitution to the victim in
the amount of removal, repair, or replacement costs.
(5) An additional amount of $1,000 in restitution shall be added to removal costs if the
graffiti is positioned on an overpass or an underpass, requires that traffic be interfered with in
order to remove it, or the entity responsible for the area in which the clean-up is to take place
must provide assistance in order for the removal to take place safely.
(6) [
A person
] 
An individual
 who voluntarily, and at [
his
] 
the individual's
 own
expense, removes graffiti for which [
he
] 
the individual
 is responsible may be credited for the
removal costs against restitution ordered by a court.
Section 2. Section 
76-6-107.5
 is enacted to read:
 76-6-107.5.
Vandalism of public lands.
(1) As used in this section:
(a) "Etching" means defacing, damaging, or destroying a hard surface by using a
chemical, an abrasive object, a knife, or an engraving device.
(b) "Graffiti" means unauthorized printing, spraying, scratching, affixing, etching, or
inscribing on property owned by the state regardless of the content or the nature of the material
used in the commission of the act.
(c) "Public lands" means state or federally owned property that is held substantially in
its natural state, including canyons, parks owned or managed by the state, national parks, land
managed by the Bureau of Land Management, and other lands owned or maintained by a
government entity for outdoor recreational use.
(2) An individual is guilty of public lands vandalism if the individual creates, or assists
in creating, graffiti on any public lands or state-owned object permanently located on public
lands.
(3) An individual convicted under Subsection (2) is guilty of a class B misdemeanor.
(4) If an individual is convicted of public lands vandalism, the court shall sentence the
individual to a term of community service as follows:
(a) for a first conviction, the court shall sentence the individual to 100 hours of
community service, to be completed within 90 days after the day on which the court issues the
order;
(b) for a second conviction, the court shall sentence the individual to 200 hours of
community service, to be completed within 180 days after the day on which the court issues the
order; or
(c) for a third or subsequent conviction, the court shall sentence the individual to 300
hours of community service, to be completed within 270 days after the day on which the court
issues the order.
(5) If an individual is enrolled in school or maintains full or part-time employment, the
ordered community service may not be scheduled at a time the individual is scheduled to be in
school or performing the individual's employment duties.
(6) A sentence of community service described in Subjection (4) shall, to the greatest
extent possible, be for the benefit of public lands.
(7) If an individual is convicted of public lands vandalism, the court may impose a fine
up to the full amount of the estimated cost to restore the damaged land, caused by the
individual, to the land's original state.
(8) An individual who voluntarily, at the individual's own expense, and with the
consent of the property owner, removes graffiti for which the individual is responsible shall be
credited for costs ordered by the court under Subsection (7).