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Bill Summary ____________________ |
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Senate ____________________ |
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Senate Counsel
& Research |
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State of
Minnesota |
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S.F. No. 39 - Civil Actions for Graffiti Damages (First Special Session) |
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Author: |
Senator Linda Berglin |
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Prepared by: |
Kathleen Pontius, Senate Counsel (651/296-4394) |
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Date: |
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This bill creates a special cause of action for damage to property caused by graffiti.
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 or the court may order a 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, subject to the limits 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 may 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.
KP:cs
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