BILL NUMBER: AB 1767	CHAPTERED  07/30/08

	CHAPTER  208
	FILED WITH SECRETARY OF STATE  JULY 30, 2008
	APPROVED BY GOVERNOR  JULY 30, 2008
	PASSED THE SENATE  JULY 2, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	AMENDED IN SENATE  JULY 1, 2008
	AMENDED IN SENATE  JUNE 17, 2008

INTRODUCED BY   Assembly Member Ma
   (Coauthor: Senator Yee)

                        JANUARY 8, 2008

   An act to add and repeal Section 1380 of the Penal Code, relating
to criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1767, Ma. Civil compromise: vandalism.
   Existing law establishes a procedure for the civil compromise of
misdemeanor offenses, whereby a person injured by an act constituting
a misdemeanor has a remedy through a civil action, and the criminal
proceeding may be stayed by the court and the defendant discharged if
the victim acknowledges receiving satisfactory compensation for the
injury.
   This bill would authorize the City and County of San Francisco, as
a pilot program, to require a person who has committed an act of
vandalism by graffiti to complete a minimum of 24 hours of community
service if the person engages in a civil compromise, as specified.
The above provision would remain in operation until January 1, 2012.



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

  SECTION 1.  Section 1380 is added to the Penal Code, to read:
   1380.  (a) The City and County of San Francisco may require a
person who has committed an act of vandalism by graffiti, as
specified in paragraph (1) of subdivision (a) of Section 594, to
complete a minimum of 24 hours of community service if the person
engages in a civil compromise, as provided in Section 1378.
   (b) Community service shall be completed through graffiti
abatement. If a graffiti abatement program is not available, then
another form of community service may be performed.
   (c) In order for the City and County of San Francisco to impose
subdivision (a) upon a person, the court shall determine that there
is community service available through the jurisdiction's community
service program.
   (d) The program authorized by this section shall be a pilot
project for the purpose of determining the potential effectiveness of
the program.
   (e) On or before March 1, 2011, the City and County of San
Francisco, if it implements the pilot program authorized by this
section, shall submit to the public safety committees of the
Legislature an evaluation of the program's effectiveness.
   (f) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.