S.F. No. 40 - Civil Actions for Graffiti Damages
Author:	Senator Linda Berglin
Prepared by:	Kathleen Pontius, Senate Counsel (651/296-4394)
Date:	February 11, 2003

Section 1, subdivision 1, defines "graffiti."

Subdivision 2 creates the cause of action that may be brought by the owner of public or private property on which graffiti has been placed. Damages may be recovered for three times the cost of restoring the property. In addition, the court may order an indigent defendant to perform the work of restoring the property. Damages may be recovered from the individual who placed the graffiti on the property or from the parent of a minor, as provided in section 540.18. That section provides that the parent or guardian of a minor who is under the age of 18 and who is living with the parent or guardian and who willfully or maliciously causes injury is jointly and severally liable in an amount not exceeding $1,000.

The court must also award attorney fees and costs to a prevailing plaintiff.

Section 2 contains an effective date of August 1, 2003. The act would apply to causes of action arising on or after that date.

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