Bill Sponsors
Tikoian, Raptakis, Ciccone, Appollonio, Paolino, Thompson, Burke, McKenney, Famiglietti, and LaMountain
Committee
Senate Judiciary
Summary
Select
This legislation amends the penalties for graffiti and vandalism of property. For first and second offenses, the bill reduces the maximum required community service hours from 200 to 100 hours, while maintaining the maximum fine of $1,000. For third or subsequent offenses (felonies), it sets the maximum community service at 300 hours. Additionally, the bill introduces a specific $1,000 assessment for graffiti placed on overpasses or underpasses if removing it requires traffic interference or safety assistance. It also maintains provisions for parental restitution and potential driver's license suspension for minors.
Sponsor
Analysis
Pros for Progressives
- Reduces the maximum community service hours for first and second offenses from 200 to 100, lessening the burden on individuals interacting with the justice system for lower-level non-violent offenses.
- Maintains a focus on remediation and community service rather than relying solely on incarceration for property crimes.
- The new financial penalty is specifically targeted at high-impact damage (overpasses requiring traffic control) rather than a broad increase in fines for all minor acts of vandalism.
Cons for Progressives
- Imposes a mandatory $1,000 assessment for overpass graffiti, which could be financially devastating for low-income defendants and exacerbate poverty-related legal issues.
- Maintains felony status and the potential for up to two years of imprisonment for third offenses, which may be viewed as a harsh punishment for a non-violent property crime.
- Continues to enforce parental financial liability for the actions of minors, potentially punishing families who are already struggling or lack the resources to provide constant supervision.
Pros for Conservatives
- Establishes a specific $1,000 assessment for damaging public infrastructure like overpasses, ensuring that offenders pay for the significant taxpayer costs associated with traffic control and cleanup.
- Increases the maximum community service requirement for repeat offenders (third offense) to 300 hours, imposing stiffer consequences on habitual criminals.
- Upholds the rule of law and property rights by maintaining felony penalties and potential prison time for repeat vandalism offenses.
Cons for Conservatives
- Reduces the maximum community service hours for first and second offenses by half (from 200 to 100 hours), which could be interpreted as being "soft on crime."
- The additional $1,000 assessment may not be sufficient to fully cover the actual operational costs of shutting down traffic and deploying highway crews for cleanup.
- Does not mandate minimum jail time for repeat offenders, leaving sentencing largely to the discretion of judges who may opt for lighter punishments.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Graffiti offenders
- Property owners
- Minors
- Parents of minors
- Department of Transportation
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
Amount unknown
BillBuddy Impact Ratings
Importance
Measures population affected and overall level of impact.
Freedom Impact
Level of individual freedom impacted by the bill.
Public Services
How much the bill is likely to impact one or more public services.
Regulatory
Estimated regulatory burden imposed on the subject(s) of the bill.
Clarity of Bill Language
How clear the language of the bill is. Higher ambiguity equals a lower score.
Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
Impact the bill will have on the environment, positive or negative.
Privacy Impact
Impact the bill is likely to have on the privacy of individuals.
Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 11-44-21.1 of the General Laws in Chapter 11-44 entitled "Trespass and Vandalism" is hereby amended to read as follows:
11-44-21.1. Graffiti — Defacing private residences, offices, businesses or commercial property.
(a)(1) Every person who shall willfully, maliciously or mischievously write upon, paint, or otherwise deface the private property or residence of another, any office building, business or commercial property or public building or public property, shall be guilty of a misdemeanor, for the first and second offense, said penalty shall not exceed a one thousand dollars ($1,000) fine and community service not less than forty (40) hours and not exceedingtwo one hundred (200) (100) hours cleaning and remediating graffiti vandalism on state or local properties. Every person convicted of a third or subsequent offense under this section shall be guilty of a felony, subject to imprisonment not exceeding two (2) years, a fine of up to two thousand dollars ($2,000), and shall be required to perform not less than forty (40) hours and not exceeding up to three hundred (300) hours of community service cleaning and remediating graffiti vandalism on state or local properties. The court, upon conviction or adjudication, shall order restitution to the victim in the amount of removal, repair, or replacement costs.
(2) If the graffiti is positioned on an overpass or an underpass and 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, the court shall order an additional assessment of one thousand dollars ($1,000).
(b) If the person is a minor, upon adjudication, in addition to the penalties in subsection (a):
(1) The family court may, in addition to any other order or decree the court makes under this chapter, order the division of motor vehicles to:
(i) Suspend the minor’s operator’s license; or
(ii) Invalidate the minor’s learner’s permit; for one year beginning the date of the order.
(2) Notwithstanding any other provision of this chapter, the family court may order the parent or legal guardian of any minor found to have committed the crime of graffiti, to submit restitution to the victim or victims of such graffiti by payment in money if the minor is in the custody of and residing with such parent or guardian, and if the family court finds, after hearing, that the graffiti was a direct result of the parent or legal guardian having neglected to exercise reasonable supervision and control of the minor’s conduct. For the purposes of this section, liability for compensation shall be limited to ten thousand dollars ($10,000).
(3) If the person violates the family court’s order to submit restitution under this section, such person shall be guilty of contempt. The court may permit payments under this section to be made in installments, for a period of up to seven (7) years, to be administered by the court.
SECTION 2. This act shall take effect upon passage.
11-44-21.1. Graffiti — Defacing private residences, offices, businesses or commercial property.
(a)(1) Every person who shall willfully, maliciously or mischievously write upon, paint, or otherwise deface the private property or residence of another, any office building, business or commercial property or public building or public property, shall be guilty of a misdemeanor, for the first and second offense, said penalty shall not exceed a one thousand dollars ($1,000) fine and community service not less than forty (40) hours and not exceeding
(2) If the graffiti is positioned on an overpass or an underpass and 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, the court shall order an additional assessment of one thousand dollars ($1,000).
(b) If the person is a minor, upon adjudication, in addition to the penalties in subsection (a):
(1) The family court may, in addition to any other order or decree the court makes under this chapter, order the division of motor vehicles to:
(i) Suspend the minor’s operator’s license; or
(ii) Invalidate the minor’s learner’s permit; for one year beginning the date of the order.
(2) Notwithstanding any other provision of this chapter, the family court may order the parent or legal guardian of any minor found to have committed the crime of graffiti, to submit restitution to the victim or victims of such graffiti by payment in money if the minor is in the custody of and residing with such parent or guardian, and if the family court finds, after hearing, that the graffiti was a direct result of the parent or legal guardian having neglected to exercise reasonable supervision and control of the minor’s conduct. For the purposes of this section, liability for compensation shall be limited to ten thousand dollars ($10,000).
(3) If the person violates the family court’s order to submit restitution under this section, such person shall be guilty of contempt. The court may permit payments under this section to be made in installments, for a period of up to seven (7) years, to be administered by the court.
SECTION 2. This act shall take effect upon passage.