BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1325|
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THIRD READING
Bill No: AB 1325
Author: John A. Pérez (D)
Amended: 3/21/13 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/11/13
AYES: Hancock, Anderson, Block, De León, Knight, Liu, Steinberg
ASSEMBLY FLOOR : 75-0, 5/9/13 (Consent) - See last page for vote
SUBJECT : Vandalism: punishment
SOURCE : Author
DIGEST : This bill extends from 240 days to one year the
period of time for a person convicted of vandalism or affixing
graffiti to complete his/her court-imposed community service.
ANALYSIS :
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.
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
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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.
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.
4. Defines "graffiti or other inscribed material" as including
any unauthorized inscription, word, figure, mark, or design
that is written, marked, etched, scratched, drawn, or painted
on real or personal property.
5. Provides that the court may order any person convicted of
vandalism and ordered to perform community service or
graffiti removal to undergo counseling.
6. 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/her hours of school attendance or employment.
This bill provides instead that the community service must be
performed within one year.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/12/13)
AFSCME, AFL-CIO
California Attorneys for Criminal Justice
California Public Defenders Association
ARGUMENTS 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
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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
reasons, we support AB 1325.
ASSEMBLY FLOOR : 75-0, 5/9/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Donnelly, Holden, Logue, Waldron, Vacancy
JG:k 6/12/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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