Senate gives initial OK to graffiti felony

House Bill 552 creates a crime called "graffiti vandalism." It would carry a higher penalty than regular vandalism, with a $500 fine and 24 hours of community service per conviction.

The charge would become a Class H felony if the accused already has two prior convictions for graffiti or if he or she committed five violations within 60 days. A Class H felony can carry several months of jail time.

Sen. Tom Apodaca, R-Henderson, said the bill was requested by the Buncombe County District Attorney's Office.

"This is a major problem in Asheville," Apodaca explained.

Sen. Josh Stein, D-Wake, said he's sympathetic to the need for the bill and supports penalizing graffiti, but he will try to amend the bill Wednesday to remove the "five violations" trigger for a felony charge.

Stein said that section could mean a felony record for "a kid who’s acting out in one instance" but tags five or more properties.

"I don’t feel like it’s appropriate to hang a felony around someone’s neck for this," he said.

The final vote tally was 42-7, with several Democratic senators changing their "yes" votes to "no" after the fact, which is allowed under Senate rules.

The Senate will take a final vote on the measure Wednesday. If Stein is successful in amending the bill, it will have to go back to the House for a final vote there before it heads to the governor's desk.