Louisiana House Bill HB1264

Louisiana 2010 Regular Session

• Introduced: 4/12/10
• Refer: 4/13/10
• Report Pass: 5/18/10
• Engrossed: 5/25/10
• Refer: 5/26/10
• Report Pass: 6/8/10
• Enrolled: 6/21/10
• Chaptered: 7/6/10
• Passed: 7/6/10

Caption

Creates the crime of criminal damage to historic buildings and landmarks by defacing with graffiti (EG INCREASE GF EX See Note)

Impact

The enactment of HB 1264 is likely to have a significant impact on the laws surrounding property protection and preservation in Louisiana. By criminalizing the intentional defacement of historic properties, the bill aims to deter vandalism and promote respect for historic landmarks. It introduces fines of up to one thousand dollars and potential imprisonment for violators, which is intended to reinforce the seriousness with which the state views the preservation of its cultural heritage. Additionally, the mandated community service for offenders underscores the bill's educational component, encouraging offenders to understand the value of these landmarks.

Summary

House Bill 1264 establishes a new legal category of 'criminal damage to historic buildings and landmarks' specifically addressing the act of defacing such properties with graffiti. The bill outlines clear definitions for key terms including 'deface,' 'graffiti,' and 'historic building or landmark,' setting the foundation for enforcing penalties against offenders. This legislative action is aimed at protecting culturally and historically significant structures from vandalism, thereby promoting a greater sense of community responsibility towards preserving heritage sites.

Sentiment

Sentiment surrounding HB 1264 appears to be generally supportive, especially among advocates of historic preservation who view the bill as a necessary and timely response to increasing instances of vandalism. Proponents argue that having a specific law addressing graffiti on historic sites will ensure better protection for these properties and promote community pride. However, concerns might be raised regarding the definitions and interpretations of 'defacing,' which some may argue could be subjective and lead to potential overreach in enforcement.

Contention

One of the notable points of contention regarding this bill could revolve around the balance between criminalization of graffiti and the artistic expression often associated with it. Some individuals might argue that the bill could infringe upon rights to artistic expression, especially in urban areas where graffiti is sometimes celebrated as a form of public art. Critics may voice concerns about whether the definitions included in the bill adequately distinguish between vandalism and art, potentially leading to disputes over enforcement and prosecution.