AB 1325, as introduced, John A. Pérez. Vandalism.
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.
This bill would make a technical, nonsubstantive change to this 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 594 of the Penal Code is amended to
2read:
(a) begin deleteEvery end deletebegin insertAny end insertperson who maliciously commits any of
4the following acts with respect to any real or personal property not
5his or her own, in cases other than those specified by state law, is
6guilty of vandalism:
7(1) Defaces with graffiti or other inscribed material.
8(2) Damages.
9(3) Destroys.
P2 1Whenever a person violates this subdivision with respect to real
2property, vehicles, signs, fixtures, furnishings, or
property
3belonging to any public entity, as defined by Section 811.2 of the
4Government Code, or the federal government, it shall be a
5permissive inference that the person neither owned the property
6nor had the permission of the owner to deface, damage, or destroy
7the property.
8(b) (1) If the amount of defacement, damage, or destruction is
9four hundred dollars ($400) or more, vandalism is punishable by
10imprisonment pursuant to subdivision (h) of Section 1170 or in a
11county jail not exceeding one year, or by a fine of not more than
12ten thousand dollars ($10,000), or if the amount of defacement,
13damage, or destruction is ten thousand dollars ($10,000) or more,
14by a fine of not more than fifty thousand dollars ($50,000), or by
15both that fine and imprisonment.
16(2) (A) If the amount of defacement, damage, or destruction is
17less than four
hundred dollars ($400), vandalism is punishable by
18imprisonment in a county jail not exceeding one year, or by a fine
19of not more than one thousand dollars ($1,000), or by both that
20fine and imprisonment.
21(B) If the amount of defacement, damage, or destruction is less
22than four hundred dollars ($400), and the defendant has been
23previously convicted of vandalism or affixing graffiti or other
24inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6,
25or 640.7, vandalism is punishable by imprisonment in a county
26jail for not more than one year, or by a fine of not more than five
27thousand dollars ($5,000), or by both that fine and imprisonment.
28(c) Upon conviction of any person under this section for acts
29of vandalism consisting of defacing property with graffiti or other
30inscribed materials, the court shall, when appropriate and feasible,
31in addition to any punishment imposed
under subdivision (b), order
32the defendant to clean up, repair, or replace the damaged property
33himself or herself, or order the defendant, and his or her parents
34or guardians if the defendant is a minor, to keep the damaged
35property or another specified property in the community free of
36graffiti for up to one year. Participation of a parent or guardian is
37not required under this subdivision if the court deems this
38participation to be detrimental to the defendant, or if the parent or
39guardian is a single parent who must care for young children. If
P3 1the court finds that graffiti cleanup is inappropriate, the court shall
2consider other types of community service, where feasible.
3(d) If a minor is personally unable to pay a fine levied for acts
4prohibited by this section, the parent of that minor shall be liable
5for payment of the fine. A court may waive payment of the fine,
6or any part thereof, by the parent upon a finding of good cause.
7(e) As used in this section, the term “graffiti or other inscribed
8material” includes any unauthorized inscription, word, figure,
9mark, or design, that is written, marked, etched, scratched, drawn,
10or painted on real or personal property.
11(f) The court may order any person ordered to perform
12community service or graffiti removal pursuant to paragraph (1)
13of subdivision (c) to undergo counseling.
14(g) This section shall become operative on January 1, 2002.
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