Bill Text: CA AB587 | 2009-2010 | Regular Session | Introduced
Bill Title: Vandalism: gang-related graffiti.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB587 Detail]
Download: California-2009-AB587-Introduced.html
BILL NUMBER: AB 587 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cook
(Coauthor: Assembly Member Tom Berryhill)
FEBRUARY 25, 2009
An act to amend Section 594 of the Penal Code, relating to
vandalism.
LEGISLATIVE COUNSEL'S DIGEST
AB 587, as introduced, Cook. Vandalism: gang-related graffiti.
Existing law, amended by Proposition 21, an initiative measure
enacted by voters at the March 7, 2000, statewide primary election,
and requiring a 2/3 vote of the Legislature to amend, makes a person
who maliciously commits specified destructive acts with respect to
another's property guilty of vandalism. Existing law requires the
court, when appropriate and feasible, to order a defendant who is
convicted of violating this provision, or to order the defendant and
his or her parents, if the defendant is a minor, to clean up, repair,
or replace the damaged property or keep the damaged property or
another specified property in the community free of graffiti for up
to one year.
This bill would provide that if the defacement, damage, or
destruction is determined by the finder of fact to further criminal
gang activity, the act of vandalism is punishable by imprisonment in
a state prison or in the county jail not exceeding one year, or by a
fine of not more than $10,000, or by both that fine and imprisonment.
The bill would also authorize a court to grant probation and, as a
condition of probation, order the defendant to participate in a local
intervention program and also order gang terms. By increasing the
penalties for a crime, the bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 594 of the Penal Code is amended to read:
594. (a) Every 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 in the state prison 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 the defacement, damage, or destruction is determined by the
finder of fact to further criminal gang activity pursuant to Section
186.22, the act of vandalism is punishable by imprisonment in a
state prison or in the county jail not exceeding one year, or by a
fine of not more than ten thousand dollars ($10,000), or by both that
fine and imprisonment. Upon conviction of any person for acts of
vandalism under this subdivision, if the court grants probation for
the defendant, it may, as a condition of probation, order the
defendant to participate in a local community prevention program such
as graffiti abatement or a gang prevention mentoring program, and
may also order appropriate gang association terms and conditions.
(d)
(e) 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)
(f) 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)
(g) 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)
(h) This section shall become operative on January 1,
2002.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
