BILL ANALYSIS AB 1179 ASSEMBLY THIRD READING AB 1179 (Epple) - As Amended: May 17, 1993 ASSEMBLY ACTIONS: COMMITTEE PUB. S. VOTE 6-1 COMMITTEE W. & M. VOTE 15-2 Ayes: Epple, Boland, Burton, Lee, Rainey, Umberg Nays: Bates DIGEST Under existing law, the punishment for vandalism is based on the amount šof defacement, damage or destruction to the property. When the amount is šless than $5,000, the offense is a misdemeanor and when the amount is more šthan $5,000, the offense is an alternate felony/misdemeanor. It is an šinfraction to affix graffiti to real or personal property, government šfacility or vehicle, punishable by a fine up to $250. A court may order a šdefendant to complete community service up to 48 hours. This bill: 1) Expands defacement of property vandalism offense beyond that which is done with paint or liquid, by including spraying, scratching, writing or other means of defacement. 2) Provides it is a misdemeanor to commit vandalism or graffiti on or within one hundred feet of a highway, or its appurtenances, punishable by up to six months in county jail and/or a fine up to $1,000 as well as community service. 3) Provides it is a misdemeanor for any person who has a prior conviction relating to vandalism, as specified, to write, spray, scratch, or otherwise affix graffiti on or in the facilities or vehicles of a public transportation system, or on any real or personal property, punishable by up to six months in the county jail and/or a fine up to $1,000. The court may order the defendant to perform community service up to 200 hours. 4) Provides it is an alternate felony/misdemeanor upon the third conviction for vandalism or graffiti on a government vehicle, facility, highway, traffic signal, call box, or real or personal property of another, punishable by imprisonment for 16 months, two or three years, or by up to one year in the county jail, provided the defendant was at least once incarcerated pursuant to a sentence, a conditional sentence or a grant of probation on one of the priors. The court may order the defendant to perform community service up to 300 hours. 5) Provides that it is a permissive inference that a person charged with š - continued - AB 1179 Page 1 AB 1179 vandalism of government buildings neither owned the property nor had the owners permission to deface, damage or destroy the property. 6) Requires the court and prosecuting attorney to consider whether any defendant who has been convicted of a nonviolent or nonserious offense and ordered to participate in community service as a condition of probation shall be required to engage in the removal of graffiti in the performance of community service. 7) Provides any county sheriff's work release program may include performance of graffiti cleanup for local governmental entities, as approved by the sheriff or other official in charge of the correctional facilities. 8) Provides that a person under 18 years of age who possesses an aerosol š container of paint for the purpose of defacing property may be required to perform 100 hours of community service upon first conviction, 200 hours of community service upon second conviction, and 300 hours of community service upon third conviction. 9) Provides that it is a misdemeanor punishable between 30 days to one year in the county jail, if a person, except in self-defense, brandishes a deadly weapon, other than a firearm, in a rude, angry or threatening manner, or who in any manner unlawfully uses it in any fight or quarrel when the other person is in the process of cleaning up graffiti or vandalism. 10) Provides that it is a misdemeanor punishable between three months nor š more than one year in the county jail, if a person, except in self- defense, brandishes a firearm, whether loaded or unloaded, in a rude, angry or threatening manner, or who unlawfully uses it in any manner when the other person is in the process of cleaning up graffiti or vandalism. FISCAL EFFECT Revenue increases from new fines, incarceration cost increases, and šgraffiti cleanup cost savings by increased community service. COMMENT This bill is the product of an informational hearing held by the Assembly šCommittee on Public Safety on May 4, 1993. This bill represents the best šideas set forth in numerous pieces of legislation before the committee and šaddresses concerns brought up by legislators and witnesses who testified. FN 002201 - continued - AB 1179 Page 2