Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1325

Introduced by Assembly Member John A. Pérez

February 22, 2013

An act to amend Section begin delete 594 end delete begin insert 594.6 end insert of the Penal Code, relating to vandalism.

LEGISLATIVE COUNSEL’S DIGEST

AB 1325, as amended, John A. Pérez. begin delete Vandalism. end delete begin insert Vandalism: punishment. end insert

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. begin insert 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. end insert

This bill would begin delete make a technical, nonsubstantive change to this provision. end delete begin insert extend the period of time a person has to complete his or her imposed hours of community service from 240 days to one year. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 594.6 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

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 begin delete 240 days end delete begin insert one year end insert 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.

begin delete

SECTION 1.  

Section 594 of the Penal Code is amended to
read:

594.  

(a) Any 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 pursuant to subdivision (h) of Section 1170 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 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.

end delete