Bill Text: CA AB1325 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vandalism: punishment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-13 - Chaptered by Secretary of State - Chapter 791, Statutes of 2013. [AB1325 Detail]

Download: California-2013-AB1325-Amended.html

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BILL NUMBER: AB 1325	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 22, 2013

   An act to amend Section  594   594.6  of
the Penal Code, relating to vandalism.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1325, as amended, John A. Pérez.  Vandalism. 
 Vandalism: punishment. 
   Existing law makes every person who maliciously defaces with
graffiti or other inscribed material, damages, or destroys any real
or personal property not his or her own guilty of vandalism and
punishable by imprisonment, or fine, or both imprisonment and fine,
as specified.  Existing law further authorizes a court to impose,
as a condition of probation, community service not to exceed 300
hours over a period not to exceed 240 days upon a person who has been
convicted of vandalism or affixing graffiti or other inscribed
material, as specified. 
   This bill would  make a technical, nonsubstantive change
to this provision.   extend the period of time a person
has to complete his or her imposed hours of community service from
240 days to one year. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 594.6 of the   Penal
Code   is amended to read: 
   594.6.  (a) Every person who, having been convicted of vandalism
or affixing graffiti or other inscribed material under Section 594,
594.3, 594.4, or 640.7, or any combination of these offenses, may be
ordered by the court as a condition of probation to perform community
service not to exceed 300 hours over a period not to exceed 
240 days   one year  during a time other than his
or her hours of school attendance or employment. Nothing in this
subdivision shall limit the court from ordering the defendant to
perform a longer period of community service if a longer period of
community service is authorized under other provisions of law.
   (b) In lieu of the community service that may be ordered pursuant
to subdivision (a), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594, order the defendant, and his or her parents or guardians if the
defendant is a minor, as a condition of probation, to keep a
specified property in the community free of graffiti for up to one
year. Participation of a parent or guardian is not required under
this subdivision if the court deems this participation to be
detrimental to the defendant, or if the parent or guardian is a
single parent who must care for young children.
   (c) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a) or (b) to
undergo counseling. 
  SECTION 1.    Section 594 of the Penal Code is
amended to read:
   594.  (a) Any person who maliciously commits any of the following
acts with respect to any real or personal property not his or her
own, in cases other than those specified by state law, is guilty of
vandalism:
   (1) Defaces with graffiti or other inscribed material.
   (2) Damages.
   (3) Destroys.
   Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
   (b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 or in a
county jail not exceeding one year, or by a fine of not more than ten
thousand dollars ($10,000), or if the amount of defacement, damage,
or destruction is ten thousand dollars ($10,000) or more, by a fine
of not more than fifty thousand dollars ($50,000), or by both that
fine and imprisonment.
   (2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
   (B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
   (c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court shall, when appropriate and feasible,
in addition to any punishment imposed under subdivision (b), order
the defendant to clean up, repair, or replace the damaged property
himself or herself, or order the defendant, and his or her parents or
guardians if the defendant is a minor, to keep the damaged property
or another specified property in the community free of graffiti for
up to one year. Participation of a parent or guardian is not required
under this subdivision if the court deems this participation to be
detrimental to the defendant, or if the parent or guardian is a
single parent who must care for young children. If the court finds
that graffiti cleanup is inappropriate, the court shall consider
other types of community service, where feasible.
   (d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine. A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
   (e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
   (f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
   (g) This section shall become operative on January 1, 2002.