0001| SENATE BILL 480
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| GLORIA HOWES
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0010|
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0011| AN ACT
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0012| RELATING TO CRIMINAL LAW; REQUIRING THE PARENT OF OR LEGAL
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0013| GUARDIAN FOR A CHILD WHO COMMITS GRAFFITI TO ASSIST THE CHILD IN
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0014| PERFORMING COMMUNITY SERVICE; AMENDING A SECTION OF THE CRIMINAL
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0015| CODE.
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 30-15-1.1 NMSA 1978 (being Laws 1990,
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0019| Chapter 36, Section 1, as amended) is amended to read:
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0020| "30-15-1.1. UNAUTHORIZED GRAFFITI ON PERSONAL OR REAL
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0021| PROPERTY.--
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0022| A. Graffiti consists of intentionally and
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0023| maliciously defacing any real or personal property of another
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0024| with graffiti or other inscribed material inscribed with ink,
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0025| paint, spray paint, crayon, charcoal or the use of any object
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0001| without the consent or reasonable ground to believe there is
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0002| consent of the owner of the property.
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0003| B. Whoever commits graffiti to real or personal
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0004| property when the damage to the property is one thousand dollars
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0005| ($1,000) or less is guilty of a petty misdemeanor and shall be
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0006| required to perform a mandatory one hundred hours of community
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0007| service within a continuous six-month period immediately
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0008| following his conviction and shall be required to make
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0009| restitution to the property owner for the cost of damages and
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0010| restoration.
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0011| C. Whoever commits graffiti to real or personal
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0012| property when the damage to the property is greater than one
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0013| thousand dollars ($1,000) is guilty of a fourth degree felony
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0014| and shall be required to perform a mandatory one hundred sixty
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0015| hours of community service within a continuous eight-month
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0016| period immediately following his conviction and shall be
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0017| required to provide restitution to the property owner for the
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0018| cost of damages and restoration as a condition of probation or
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0019| following any term of incarceration as a condition of parole.
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0020| D. When a single occurrence of graffiti is committed
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0021| by more than one individual, the court may apportion the amount
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0022| of restitution owed by each offender in accordance with each
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0023| offender's degree of culpability.
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0024| E. When a child less than eighteen years of age
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0025| commits graffiti and the court orders that child to perform
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0001| community service pursuant to the provisions of Subsection B or
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0002| C of this section, the court shall also order a parent of that
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0003| child or a legal guardian for that child to assist the child in
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0004| performing the community service."
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0005| Section 2. EFFECTIVE DATE.--The effective date of the
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0006| provisions of this act is July 1, 1996.
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