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

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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-Chaptered.html

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BILL NUMBER: AB 1325	CHAPTERED
	BILL TEXT

	CHAPTER  791
	FILED WITH SECRETARY OF STATE  OCTOBER 13, 2013
	APPROVED BY GOVERNOR  OCTOBER 13, 2013
	PASSED THE SENATE  SEPTEMBER 6, 2013
	PASSED THE ASSEMBLY  MAY 9, 2013
	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member John A. Pérez

                        FEBRUARY 22, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1325, John A. Pérez. 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 extend the period of time a person has to complete
his or her imposed hours of community service from 240 days to one
year.


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 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.