PRIOR PRINTER'S NO. 1402 PRINTER'S NO. 3420
No. 1249 Session of 1997
INTRODUCED BY RAMOS, WALKO, FAIRCHILD, BELARDI, RUBLEY, STABACK,
HERSHEY, READSHAW, KAISER, DALEY, HALUSKA, MELIO, CARN,
VAN HORNE, GIGLIOTTI, GODSHALL, STEELMAN, WASHINGTON,
ZIMMERMAN, DeLUCA, McGEEHAN, TANGRETTI, YOUNGBLOOD, EACHUS,
PISTELLA, CURRY, BUNT, C. WILLIAMS, SAINATO, ROONEY, KELLER,
CLYMER, J. TAYLOR, JAMES, MYERS AND CALTAGIRONE,
APRIL 8, 1997
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 21, 1998
AN ACT
1 Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
2 the Pennsylvania Consolidated Statutes, further providing for
3 institutional vandalism; defining the offense of vandalism;
4 providing for graffiti removal and abatement, for community
5 service and for work release; further providing for the
6 revocation or suspension of operating privilege; and
7 providing penalties.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 3307 of Title 18 of the Pennsylvania
11 Consolidated Statutes is amended to read:
12 § 3307. Institutional vandalism.
13 (a) Offenses defined.--A person commits the offense of
14 institutional vandalism if he knowingly desecrates, as defined
15 in section 5509 (relating to desecration of venerated objects),
16 vandalizes, defaces or otherwise damages:
17 (1) any church, synagogue or other facility or place
1 used for religious worship or other religious purposes;
2 (2) any cemetery, mortuary or other facility used for
3 the purpose of burial or memorializing the dead;
4 (3) any school, educational facility, community center,
5 municipal building, courthouse facility, State or local
6 government building or vehicle or juvenile detention center;
7 (4) the grounds adjacent to and owned or occupied by any
8 facility set forth in paragraph (1), (2) or (3); or
9 (5) any personal property located in any facility set
10 forth in this subsection.
11 (a.1) Illegal possession.--A person commits the offense of
12 institutional vandalism if, with intent to violate subsection
13 (a), the person carries an aerosol spray-paint can, broad-tipped
14 indelible marker or similar marking device onto property
15 identified in subsection (a).
16 (b) Grading.--An offense under this section is a felony of
17 the third degree if the act is one of desecration as defined in
18 section 5509 or if the actor causes pecuniary loss in excess of
19 $5,000. Pecuniary loss includes the cost of repair or
20 replacement of the property affected. Otherwise, institutional
21 vandalism is a misdemeanor of the second degree.
22 (c) Order to keep property free of graffiti.--Upon <--
23 conviction of any person under this section, the court may, in
24 addition to any other punishment imposed and if the jurisdiction
25 has adopted a graffiti abatement program, order the defendant
26 and the defendant's parent or guardian, if the defendant is a
27 minor, to keep the damaged property or another specified
28 property in the community free of graffiti.
29 (d) Community service.--As a condition of probation for any
30 violation of this section, the court may order the defendant to
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1 perform community service as follows:
2 (C) COMMUNITY SERVICE.--UPON CONVICTION OF ANY PERSON UNDER <--
3 THIS SECTION, THE COURT MAY, IN ADDITION TO OR IN LIEU OF ANY
4 OTHER PUNISHMENT IMPOSED, ORDER THE DEFENDANT TO PARTICIPATE IN
5 A GRAFFITI ABATEMENT PROGRAM OR A COMMUNITY SERVICE PROGRAM AS
6 FOLLOWS:
7 (1) For a first conviction under this section, community
8 service not to exceed 100 hours over a period of not more
9 than 90 days during a time other than the defendant's hours
10 of school attendance or employment.
11 (2) For a second conviction under this section,
12 community service not to exceed 200 hours over a period of
13 180 days during a time other than the defendant's hours of
14 school attendance or employment.
15 (3) For a third or subsequent conviction under this
16 section, community service not to exceed 300 hours over a
17 period of not more than 240 days during a time other than the
18 defendant's hours of school attendance or employment.
19 (e) Community service for certain defendants.-- <--
20 (1) Any person who has been twice convicted under this
21 (D) COMMUNITY SERVICE FOR CERTAIN DEFENDANTS.--ANY PERSON <--
22 WHO HAS BEEN TWICE CONVICTED UNDER THIS section, or twice
23 convicted under section 3310 (relating to vandalism), or
24 convicted under both sections and who has been incarcerated for
25 at least one of such convictions, may be ordered by the court as
26 a condition of probation to perform community service not to
27 exceed 300 hours over a period of not more than 240 days during
28 a time other than the defendant's hours of school attendance or
29 employment.
30 (2) In lieu of the community service that may be ordered <--
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1 under paragraph (1), the court may, if the jurisdiction has
2 adopted a graffiti abatement program, order the defendant and
3 the defendant's parent or guardian, if the defendant is a
4 minor, as a condition of probation to keep a specified
5 property in the community free of graffiti for up to one
6 year.
7 (f) Participation of parent or guardian.--Participation of a
8 parent or guardian is not required under this subsection if the
9 court deems this participation to be detrimental to the
10 defendant, or if the parent or guardian is a single parent who
11 must care for young children.
12 (g) (E) Counseling.--The court may order any person ordered <--
13 to perform community service or graffiti removal under this
14 section to undergo counseling.
15 Section 2. Title 18 is amended by adding sections to read:
16 § 3310. Vandalism.
17 (a) Offense defined.--A person commits the offense of
18 vandalism if the person maliciously defaces with graffiti or
19 other inscribed material or damages or destroys any real or
20 personal property not his own.
21 (b) Grading and penalties.--An offense under this section
22 is:
23 (1) A summary offense if the amount of defacement,
24 damage or destruction is $1,000 or less, such offense being
25 punishable by a fine of not more than $1,000 or imprisonment
26 of not more than six months, or both.
27 (2) A misdemeanor of the second degree if the
28 defacement, damage or destruction is more than $1,000, but
29 not more than $5,000.
30 (3) A misdemeanor of the first degree if the amount of
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1 defacement, damage or destruction is more than $5,000.
2 (c) Repair of damaged property.--Upon conviction of any <--
3 person under this section for acts of vandalism consisting of
4 defacing property with graffiti or other inscribed materials,
5 the court may, in addition to any punishment imposed under
6 subsection (b), order the defendant to clean up, repair or
7 replace the damaged property or, if the jurisdiction has adopted
8 a graffiti abatement program, order the defendant, and the
9 defendant's parent or guardian if the defendant is a minor, to
10 keep the damaged property or another specified property in the
11 community free of graffiti for up to one year.
12 (d) (C) Liability of parent.--If a minor is personally <--
13 unable to pay a fine levied for acts prohibited by this section,
14 the parent of that minor shall be liable for payment of the
15 fine. A court may waive payment of the fine or any part thereof
16 by the parent upon a finding of good cause.
17 (e) Participation of parent.--Participation of a parent or <--
18 guardian is not required if the court deems this participation
19 to be detrimental to the defendant, or if the parent or guardian
20 is a single parent who must care for young children.
21 (f) (D) Counseling.--The court may order any person ordered <--
22 to perform community service or graffiti removal under this
23 section to undergo counseling.
24 (g) (E) Definitions.--As used in this section, the following <--
25 words and phrases shall have the meanings given to them in this
26 subsection:
27 "Graffiti abatement program." A program adopted by a city,
28 county or city and county by resolution or ordinance that
29 provides for the administration and financing of graffiti
30 removal, community education on the prevention of graffiti and
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1 enforcement of graffiti laws.
2 "Graffiti or other inscribed material." Any unauthorized
3 inscription, word, figure, mark or design that is written,
4 marked, etched, scratched, drawn or painted on real or personal
5 property.
6 § 3311. Graffiti and vandalism abatement programs.
7 (a) Funding.--A city, county or city and county may enact an
8 ordinance to provide for the use of city or county funds to
9 cover the costs of the removal of graffiti or other inscribed
10 material from publicly or privately owned real or personal
11 property located within the city or county that has been defaced
12 with graffiti or other inscribed material.
13 (b) Limitation.--The ordinance shall authorize only the
14 removal of graffiti or inscribed material itself or, if the
15 graffiti or other inscribed material cannot be removed cost
16 effectively, the repair or replacement of the portion of the
17 property that was defaced and not the painting, repair or
18 replacement of other parts of the property that were not
19 defaced.
20 (c) Consent of owner.--The removal, repair or replacement
21 may be performed, in the case of publicly owned real or personal
22 property, only after securing the consent of the public entity
23 having jurisdiction over the property; and in the case of
24 privately owned real or personal property, only after securing
25 the consent of the owner or possessor.
26 (d) Nuisance.--This section does not preclude the abatement
27 of graffiti or other inscribed material as a nuisance pursuant
28 to the laws of this Commonwealth or the enforcement of any
29 criminal law with respect to nuisance.
30 (e) Expenditure of funds.--A city or county, by its
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1 ordinance under subsection (a), may elect to cover:
2 (1) Court costs.
3 (2) Attorney fees.
4 (3) Costs of the removal of graffiti or other inscribed
5 material.
6 (4) Costs of repair and replacement of defaced property.
7 (5) Cost of administering and monitoring the
8 participation of a defendant and the defendant's parent or <--
9 guardian IN A COMMUNITY SERVICE OR in a graffiti abatement <--
10 program.
11 (6) The law enforcement costs incurred by the city or
12 county in identifying and apprehending the person who
13 created, caused the graffiti or other inscribed material.
14 (7) Such other costs as deemed appropriate.
15 (f) Definition.--As used in this section, the term "graffiti
16 or other inscribed material" means any unauthorized inscription,
17 word, figure, mark or design that is written, marked, etched,
18 scratched, drawn or painted on any real or personal property.
19 § 3312. Work release for institutional vandalism and vandalism.
20 (a) General rule.--Notwithstanding any other law, the
21 governing body of any county may authorize the sheriff or other
22 official in charge of county correctional facilities to offer a
23 voluntary program under which any person committed to the
24 facility may participate in a work release program as described
25 in this section, in which one day of participation will be in
26 lieu of one day of confinement.
27 (b) Components of programs.--
28 (1) Performance of graffiti cleanup for local
29 governmental entities, including participation in graffiti
30 abatement as defined by this act, as approved by the sheriff
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1 or other official in charge of the correctional facilities.
2 As a condition of assigning participants of a work release
3 program to perform manual labor in support of nonprofit
4 organizations pursuant to this section, the board of
5 commissioners or county council shall obtain workers'
6 compensation insurance which shall be adequate to cover work-
7 related injuries incurred by those participants.
8 (2) Any person who is not able to perform manual labor
9 as specified in this paragraph because of a medical
10 condition, physical disability or age may participate in a
11 work release program involving any other type of public
12 sector work that is designated and approved by the sheriff or
13 other official in charge of county facilities.
14 (3) The sheriff or other official may permit a prisoner
15 participating in a work release program to receive work
16 release credit for participation in education, vocational
17 training or substance programs in lieu of performing labor in
18 a work release program on an hour-for-hour basis. However,
19 credit for that participation may not exceed one-half of the
20 hours established for the work release program, and the
21 remaining hours shall consist of manual labor described in
22 paragraph (1).
23 (4) The work release program shall be under the
24 direction of a responsible person appointed by the sheriff or
25 other official in charge.
26 (c) Hours of labor.--The hours of labor to be performed
27 under this section shall be uniform for all persons committed to
28 a facility in a county and may be determined by the sheriff or
29 other official in charge of county correctional facilities. Each
30 day shall be a minimum of eight hours and a maximum of ten
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1 hours, in accordance with the normal working hours of county
2 employees assigned to supervise the programs. However,
3 reasonable accommodation may be made for participation in a
4 program under subsection (b)(3).
5 (d) Further conditions.--
6 (1) The board of county commissioners may prescribe
7 reasonable rules and regulations under which a work release
8 program is operated and may provide that participants wear
9 clothing of a distinctive character while performing the
10 work. As a condition of participating in a work release
11 program, a person shall promise to appear for work or
12 assigned activity by signing a notice to appear before the
13 sheriff or at the educational, vocational or substance abuse
14 program at a time and place specified in the notice and shall
15 sign an agreement that the sheriff may immediately retake the
16 person into custody to serve the balance of the sentence if
17 the person fails to appear for the program at the time and
18 place agreed to, does not perform the work or activity
19 assigned or for any other reason is no longer a fit subject
20 for release under this section. A copy of the notice shall be
21 delivered to the person and a copy shall be retained by the
22 sheriff.
23 (2) Any person who willfully violates a written promise
24 to appear at the time and place specified in the notice
25 commits a misdemeanor of the third degree.
26 (3) Whenever a peace officer has reasonable cause to
27 believe the person has failed to appear at the time and place
28 specified in the notice or fails to appear or work at the
29 time and place agreed to or has failed to perform the work
30 assigned, the peace officer may without a warrant retake the
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1 person into custody, or the court may issue a warrant for the
2 retaking of the person into custody under this paragraph to
3 complete the remainder of the original sentence. A peace
4 officer may not retake a person into custody under this
5 paragraph without a warrant for arrest, unless the officer
6 has a written order to do so, signed by the sheriff or other
7 person in charge of the program, that describes with
8 particularity the person to be retaken.
9 (e) Construction.--Nothing in this section shall be
10 construed to require the sheriff or other official in charge to
11 assign a person to a program pursuant to this section if it
12 appears from the record that the person has refused to perform
13 satisfactorily as assigned or has not satisfactorily complied
14 with the reasonable rules and regulations governing the
15 assignment or any other order of the court. A person shall be
16 eligible for work release under this section only if the sheriff
17 or other official in charge concludes that the person is a fit
18 subject for the program.
19 Section 3. Section 1532(b)(3) of Title 75 is amended to
20 read:
21 § 1532. Revocation or suspension of operating privilege.
22 * * *
23 (b) Suspension.--
24 * * *
25 (3) The department shall suspend the operating privilege
26 of any driver for 12 months upon receiving a certified record
27 of the driver's conviction of section 3731 (relating to
28 driving under influence of alcohol or controlled substance)
29 [or], 3733 (relating to fleeing or attempting to elude police
30 officer), 18 Pa.C.S. § 3310 (relating to vandalism) or an
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1 adjudication of delinquency based on section 3731 [or], 3733
2 or 18 Pa.C.S. § 3310. The department shall suspend the
3 operating privilege of any driver for six months upon
4 receiving a certified record of a consent decree granted
5 under 42 Pa.C.S. Ch. 63 (relating to juvenile matters) based
6 on section 3731 [or], 3733 or 18 Pa.C.S. § 3310.
7 * * *
8 Section 4. This act shall take effect immediately.
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