BILL ANALYSIS Ó
AB 1325
Page 1
Date of Hearing: April 30, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1325 (John A. Pérez) - As Amended: March 21, 2013
SUMMARY : Extends from 240 days to one year the period of time
a person convicted of vandalism or affixing graffiti to complete
his or her court imposed community service.
EXISTING LAW :
1)Provides that every person who maliciously defaces real or
personal property with graffiti or other inscribed material is
guilty of vandalism, which is punishable as an alternate
felony/misdemeanor. (Penal Code Section 594.)
2)States that if the amount of damage is $400 or more, vandalism
is punishable by imprisonment in a county jail not exceeding
one year, or by 16 months, two, or three years in a county
jail or by a fine of not more than $10,000. If the amount of
damage is $10,000 or more, by a fine of not more than $50,000
or by both that fine and imprisonment. [Penal Code Section
594(b)(1).]
3)States that if the amount of damage is less than $400,
vandalism is punishable by imprisonment in a county jail not
exceeding one year; or by a fine of not more than $1,000; or
by both that fine and imprisonment. [Penal Code Section
594(b)(2)(A).]
4)Provides that if the amount of damage is less than $400 and
the defendant has been previously convicted of vandalism or
affixing graffiti or other inscribed material, as specified,
vandalism is punishable by imprisonment in a county jail for
not more than one year; by a fine of not more than $5,000; or
by both that fine and imprisonment. [Penal Code Section
594(b)(2)(B).]
5)Authorizes the court, when appropriate and feasible, in
addition to any other punishment imposed, to order the
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defendant to clean up, repair, or replace the damaged property
his or her self, or order the defendant, if a minor, to keep
the damaged property or other specified property in the
community free of graffiti for up to one year. [Penal Code
Section 594(c).]
6)Defines "graffiti or other inscribed material" for purposes of
Penal Code Section 594 as including any unauthorized
inscription, word, figure, mark, or design that is written,
marked, etched, scratched, drawn, or painted on real or
personal property. [Penal Code Section 594(e).]
7)Provides that the court may order any person convicted of
vandalism and ordered to perform community service, or
graffiti removal to undergo counseling. [Penal Code Section
594(f).]
8)Provides that every person who is convicted of vandalism 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 240 days during a time other than his or her hours of
school attendance or employment. (Penal Code Section 594.6.)
9)States that any person who knowingly commits any act of
vandalism to a church, synagogue, mosque, temple, building
owned and operated by a religious educational institution, or
other place primarily used as a place of worship where
religious services are regularly conducted, or a cemetery, is
guilty of a crime punishable by imprisonment in a county jail
for 16 months, two, or three years, or by imprisonment in a
county jail not to exceed one year. [Penal Code Section
594.3(a).]
10)States that any person who knowingly commits any act of
vandalism to a church, synagogue, mosque, temple, building
owned and operated by a religious educational institution, or
other place primarily used as a place of worship where
religious services are regularly conducted, or a cemetery that
is show to have been a hate crime and to have been committed
for the purpose of intimidating and deterring persons from
freely exercising their religious beliefs, is guilty of a
crime punishable by imprisonment in a county jail for 16
months, two, or three years. [Penal Code Section 594.3(b).]
11)States that any person who willfully and maliciously injects
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or throws upon, or otherwise defaces, destroys or contaminates
any structure with butyric acid, or other similar noxious or
caustic substance is guilty of a public offense and is to be
punished by imprisonment in a county jail for 16 months, two,
or three years, or in a county jail not exceeding six months
by a fine as follows, or by both that fine and imprisonment.
The amount of the fine is determined in the following manner:
a) If the amount of the damage is more than $50,000, the
fine is up to $50,000;
b) If the amount of the damage is between $5,000 and
$50,000, the fine is up to $10,000;
c) If the amount of the damages is between $950 and $5,000,
the fine is up to $5,000; or,
d) If the amount of the damages is less than $950, the fine
is up to $1,000. (Penal Code Section 594.4.)
12)States any person who defaces with graffiti or other
inscribed material the interior or exterior of the facilities
or vehicles of a governmental entity, as defined by the
Government Code or the interior or exterior of the facilities
or vehicles of a public transportation system as defined by
the Public Utilities Code, or the interior or exterior of the
facilities of or vehicles operated by entities subsidized by
the Department of Transportation or the interior or exterior
of any leased or rented facilities or vehicles for which any
of the above entities incur costs of less than $250 for
cleanup, repair, or replacement is guilty of an infraction,
punishable by a fine not to exceed $1,000 and by a minimum of
48 hours of community service for a total time not to exceed
200 hours over a period not to exceed 180 days, during a time
other than his or her hours of school attendance or
employment. This subdivision does not preclude application of
provisions related to vandalism. [Penal Code Section
640.5(d)(1).]
13)Provides that any person who is violates the graffiti or
vandalism statutes on or within 100 feet of a highway or its
appurtenances is guilty of a misdemeanor, punishable by
imprisonment in a county jail not exceeding six months; or by
a fine not exceeding $1,000; or by both that imprisonment and
fine. A second conviction is punishable by imprisonment in a
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county jail not exceeding one year; by a fine not exceeding
$1,000; or by both that imprisonment and fine. (Penal Code
Section 640.7.)
14)Provides that a city, county, or city and county may enact an
ordinance to provide for the use of city or county funds to
remove graffiti or other inscribed material from publicly or
privately owned real or personal property located within the
city, county, or city and county and to replace or repair
public or privately owned property within that city, county,
or city and county that has been defaced with graffiti or
other inscribed material that cannot be removed cost
effectively. [Government Code Section 53069.3(a).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Existing law
authorizes a court to propose a condition of probation
requiring a person to perform up to 300 hours of community
service over a period of 240 days upon conviction of vandalism
or vandalism-related offenses. This bill extends the time for
completion of the community service hours for up to one year."
2)Argument in Support : The California Attorneys for Criminal
Justice state, "Existing law makes every person that defaces
with graffiti or other materials, real or personal property of
another, guilty of vandalism. The crime of vandalism is
punishable by fine imprisonment, or both. The court is
authorized to impose community services hours, as a condition
of probation not to exceed 300 hours to be completed in no
more than 240 days. This bill attempts to provide more
flexibility and a longer time frame for those guilty of
vandalism to complete the community service hours.
"The proposed changes AB 1325 introduces will help those guilty
of vandalism complete their court-mandated community service
hours. The 280 days currently allowed is an arbitrary amount
of time with no reasoning for its length. Extending this
window to one year would allow those persons to balance
school, employment, and other responsibilities with their duty
to complete their community service hours. Moreover, on some
occasions, the court may order the defendant to maintain a
specified property graffiti-free for one year. For these
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reasons, we support AB 1325."
REGISTERED SUPPORT / OPPOSITION :
Support
California Attorneys for Criminal Justice
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744