BILL ANALYSIS THIRD READING AB 1179 Epple (D), et al 8/17/93 21 72-1, p. 2522, 6/10/93 SUBJECT: Vandalism SOURCE: Los Angeles District Attorney ____________________________________________________________________________ DIGEST: This bill would enact the 1993 California Graffiti Omnibus Bill. ANALYSIS: Existing law defines vandalism as maliciously (1) defacing šwith paint or any other liquid, (2) damaging, or (3) destroying any real or špersonal property not belonging to the defendant. Existing law provides šthat the punishment for vandalism is based on the amount of defacement, šdamage, or destruction to the property. When the amount is: a) Less than $1,000, the offense is a misdemeanor, punishable by up to six š 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, š 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 š 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, š 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. Existing law provides that a person who writes, sprays, scratches, or šotherwise affixes graffiti on any real or personal property not his or her šown is guilty of an infraction. The graffiti statute may be used as an šalternative to the vandalism statute in situations when the damage is less šthan $250. Graffiti is punishable by a fine not to exceed $250. Graffiti šon or in the facilities or vehicles of a governmental entity is also špunishable by community service of of up to 48 hours over a period of 30 šdays other than during hours of school attendance or employment. This bill would expand the definition of vandalism by replacing "defaces šwith paint or any other liquid" with "sprays, scratches, writes on, or šotherwise defaces." This bill would also provide a permissive inference that the person neither šowned the property nor had the permission of the owner to deface, damage, šor destroy any real property owned by a governmental entity. This bill would also provide that a conviction for vandalism with two prior šconvictions for vandalism or graffiti violations and at least one period of šincarceration the court may order the defendant as a condition of šprobation, to perform community service not to exceed 300 hours over a šperiod of 240 days during a time other than during periods of school or šemployment. This bill would raise the community service time for graffiti from 48 hours što 100 hours, to be performed over a period not to exceed 90 days. It šwould raise the penalty for an offense with a prior conviction for švandalism or graffiti to a misdemeanor with a minimum term of six months šand/or a fine not to exceed $1,000 and community service of up to 200 hours šover a period of 180 days. The sentence for two prior vandalism or šgraffiti offenses would be an alternative felony/misdemeanor punishable by š16 months, two or three years in prison or up to one year in jail, and up što 300 hours of community service over 240 days. Existing law provides that is a misdemeanor for a minor to possess an šaerosol container of paint in any public place with the purpose of defacing šproperty. This bill would authorize the court to order community service not to šexceed 100 hours over a period not to exceed 90 days other than during šhours of school or employment, up to 200 hours over 180 days for the second šoffense, and up to 300 hours over 240 days for the third or subsequent šoffense. This bill would create a new crime of committing graffiti or vandalism on šor within 100 feet of a highway. Existing law requires graffiti removal as a condition of probation for špersons who file fraudulent insurance claims. This bill would instead require the court and prosecuting attorney to šconsider community service for any defendant placed on probation for a šnonviolent or nonserious offense. Offenses relating to weapons, violence, šand annoying or molesting children would be specifically excluded. š CONTINUED AB 1179 Page 3 Community service would not have to be considered for any crime listed as a š"violent felony" or "serious felony" or when the judge believes that the špublic safety may be endangered if the person was ordered to do community šservice or the judge believes that the facts or circumstances call for šimposition of a more substantial penalty. Existing law provides for voluntary participation in specified work release šprograms. This bill would authorize work release for graffiti cleanup for local šgovernmental entities, as approved by the sheriff or other official in šcharge of the correctional facilities. This would apply to persons unable što perform manual labor. Existing law provides that drawing or exhibiting an deadly weapon in a šrude, angry, or threatening manner or using the weapon in a fight or šquarrel is a misdemeanor, punishable by jail for not less than 30 days or šmore than six months. In the case of a firearm, the penalty is not less šthan three nor more than six months. This bill would raise the maximum imprisonment for both offenses to one šyear when the victim is in the process of cleaning up graffiti or vandalism. This bill would also prohibit possession of a masonry or glass bit drill, šcarbide drill bit, glass cutter, grinding stones, awles or chisel with the šintent to commit vandalism or graffiti. This bill would be known as "The 1993 California Graffiti Omnibus Bill". The bill is double joined with AB 381 (Hannigan), passed the Assembly 37-0 šon Consent 6/25/93, Chapter 86 of 1993. The purpose of this bill is to enact a comprehensive deterrent for those šwho would commit vandalism and graffiti violations. FISCAL EFFECT: Appropriation: No Fiscal Committee: Yes Local: Yes SUPPORT: (Verified 8/24/93) Los Angeles District Attorney Los Angeles City Council Independent Cities Association Counties of Los Angeles and San Bernardino California Association of Supervisors of Child Welfare and Attendance Association for Los Angeles Deputy Sheriffs, Inc. Peace Officers Research Association of California ARGUMENTS IN SUPPORT: According to the author, it is necessary to šelevate the sentences for vandalism for persons who have a prior conviction šwhere a term of imprisonment was served. If an individual knows he or she šcan get away with vandalism, they are going to continue to do it. Graffiti šand vandalism generate public outrage. The cost of graffiti removal is š CONTINUED AB 1179 Page 4 tremendous. The blight it causes is affects all communities. Turf wars šspring from staked-out areas resulting in death and despair. In 1992, over š801 persons died as a result of street gang violence. Some of those have šbeen killed as a direct result of graffiti-based violence. Several murders šhave occurred between rival tagger crews or tagger crews and gangs. There are over 1,000 street gangs in Los Angeles County with an estimated šmembership of 120,000. Not included in those figures are over 600 šidentified tagger crews with a membership estimated at 30,000. When it šcomes to vandalism with a prior conviction, we need to look beyond the šdollar value the tag caused and wake up and recognize its link to gang šviolence, drug trafficking and all the associated social ills that affect šneglected communities. This bill is the product of an informational hearing held by the Assembly šCommittee on Public Safety on May 4, 1993. The bill represents a number of šthe ideas set forth in numerous pieces of legislation proposed this year šand addresses concerns raised at the hearing. ASSEMBLY FLOOR VOTE: RJG:sl 8/24/93 Senate Floor Analyses CONTINUED