BILL ANALYSIS AB 1179 Date of Hearing: May 4, 1993 Counsel: Judith M. Garvey ASSEMBLY COMMITTEE ON PUBLIC SAFETY Bob Epple, Chair AB 1179 (Epple) - As Introduced: March 2, 1993 ISSUE: SHOULD A SECOND OR SUBSEQUENT CONVICTION FOR VANDALISM BE PUNISHABLE AS AN ALTERNATIVE FELONY/MISDEMEANOR? DIGEST Under current law, the punishment for vandalism is based on the amount šof defacement, damage, or destruction to the property. When the amount šis: a) Less than $1,000, the offense is a misdemeanor, punishable by up to six months in the county jail and/or a fine up to $1,000. b) Less than $5,000, but $1,000 or more, the offense is a misdemeanor, punishable by up to one year in county jail and/or a fine up to $5,000. c) Less than $50,000, but $5,000 or more, the offense is an alternate felony/misdemeanor, punishable by 16 months, two or three years in state prison or by up to one year in county jail and/or a fine up to $10,000. d) $50,000 or more, the offense is a an alternate felony/misdemeanor, punishable by 16 months, two or three years in state prison or by up to one year in county jail and/or a fine up to $50,000. (Penal Code section 594.) This bill provides that the second conviction for vandalism is an šalternate felony/misdemeanor, punishable by imprisonment for 16 months, štwo or three years and a fine up to $10,000, or by up to one year in the šcounty jail and a fine up to $1,000. COMMENTS 1) Purpose. According to the author, It is necessary to elevate the sentences for vandalism for persons who have a prior conviction where a term of imprisonment was served. If an individual knows he or she can get away with vandalism, they are going to continue to do it. Graffiti and vandalism generate public outrage. The cost of graffiti removal is tremendous. The blight it causes is affects all communities. Turf wars spring from staked-out areas resulting in death and despair. In 1992, over 801 persons died as a result of street - continued - AB 1179 Page 1 AB 1179 gang violence. Some of those have been killed as a direct result of graffiti-based violence. Several murders have šoccurred between rival tagger crews or tagger crews and gangs. There are over 1,000 street gangs in Los Angeles County with an estimated membership of 120,000. Not included in those figures are over 600 identified tagger crews with a membership estimated at 30,000. When it comes to vandalism with a prior conviction, we need to look beyond the dollar value the tag caused and wake- up and recognize its link to gang violence, drug trafficking and all the associated social ills that affect neglected communities. 2) Vandalism Defined. A person commits vandalism when he or she šmaliciously: a) Defaces with paint or any other liquid b) Damages, or c) Destroys any real or personal property not belonging to him or her. Graffiti, which may be charged as vandalism, may also be charged as an infraction, when the damage is under $250. This provision is not affected by this bill. 3) Comparison. This bill adds a statute to make vandalism with a prior š conviction for certain vandalism offenses an alternative felony/mis- demeanor. The Los Angeles District Attorney states that "this provision is parallel to existing statute regarding petty theft with a prior", a violation of section 666 of the Penal Code. According to the Los Angeles Times, District Attorney Gil Garcetti warned of increasing violence associated with graffiti and taggers, youths who leave signature-style markings on any highly visible public or private space. Last month, a student at Reseda High school was shot and killed in an incident related to tagging. "No longer are we talking about innocent young people scrawling their names," Garcetti said. 4) Costs. Additional workers performing community service may assist š in dealing with rising cleanup costs: Caltrans 90-91 $850,000 91-92 $2,000,000 92-93 $3,000,000 L.A. County 90-91 $500,000 Public Works 91-92 $650,000 92-93 $800,000 L.A. City 90-91 $3,000,000 91-92 $3,500,000 - continued - AB 1179 Page 2 AB 1179 92-93 $4,000,000 RTD 90-91 $12,000,000 91-92 $12,700,000 92-93 $13,000,000 5) Graffiti Impact. According to the Los Angeles Multi-Agency Task Force, šthe costs associated with graffiti are as follows: a) The quality of life and corresponding property value is adversely affected. b) Graffiti is used by gangs to increase violent acts. c) The removal of graffiti exposes the cleanup crews to additional risks of injuries. Several Caltrans workers have been severely injured by errant drivers while working on graffiti removal projects. Recently an Orange County woman was killed while trying to stop graffiti taggers. Also, community volunteers have been threatened by gang members during clean-up operations. d) The public is forced to view unsightly and sometimes vulgar graffiti. e) Once a surface is graffitied, its appearance will never be the same. 6) Opposition. a) California Attorneys for Criminal Justice (CACJ). CACJ believes that "felony penalties are unwarranted for minor vandalism offenses and that current law already provides adequate penalties for serious vandals." CACJ also cites prison overcrowding, claiming "California cannot afford to pursue this dangerously expensive and ineffective course." b) American Civil Liberties Union (ACLU). The ACLU opposes this bill because it "would authorize state prison time for non- violent offenders who commit minor property damage. Prison should be reserved for more serious offenses. The vandalism statute authorizes state prison time only when the offender has caused substantial property damage. We do not think that the sentence proposed in this bill is appropriate. SOURCE: Los Angeles District Attorney SUPPORT: Independent Cities Association OPPOSITION: California Attorneys for Criminal Justice American Civil Liberties Union - continued - AB 1179 Page 3