BILL NUMBER: AB 1417	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 27, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1417, as introduced, Smyth. Vandalism.
   Existing law, amended by Proposition 21, an initiative measure
enacted by voters at the March 7, 2000, statewide primary election
that requires a 2/3 vote of the Legislature to substantively amend,
makes a person who maliciously commits any of specified destructive
acts with respect to the real or personal property of another guilty
of vandalism.
   This bill would make technical, nonsubstantive changes to that
provision.
   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 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 
that is  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 a minor is personally unable to pay a fine  levied
  imposed  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.