1.1 	A bill for an act
1.2 	relating to public safety; establishing a petty misdemeanor offense of damaging 
1.3 	property with graffiti and addressing how liability may be established; requiring 
1.4 	local approval; amending Minnesota Statutes 2008, section 617.90, by adding a 
1.5 	subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 617.90, is amended by adding a 
1.8 	subdivision to read:
1.9 		Subd. 3.Petty misdemeanor; local approval required. (a) A person who damages 
1.10 	property through the addition of graffiti is guilty of a petty misdemeanor.
1.11 	(b) Notwithstanding any other law or rule of criminal procedure to the contrary, the 
1.12 	standard of proof for liability under this subdivision is proof beyond a reasonable doubt, 
1.13 	which may rely on credible testimony of a peace officer, including hearsay, that identifies 
1.14 	who is responsible for the graffiti.
1.15 	(c) Nothing in this subdivision limits the power of the state to punish any person 
1.16 	for conduct which constitutes a crime under any other statute, including, but not limited 
1.17 	to, section 609.595.
1.18 	(d) This subdivision is effective in a statutory or home rule charter city when the city 
1.19 	council, or, in the area outside the corporate limits of a city, the county board, adopts an 
1.20 	ordinance providing that it is effective within the city or county.

1.21 	EFFECTIVE DATE. This section is effective August 1, 2009, and applies to acts 
1.22 	committed on or after that date.