BILL ANALYSIS AB 1179 CONCURRENCE IN SENATE AMENDMENTS AB 1179 (Epple) - As Amended: September 7, 1993 ASSEMBLY VOTE 72-1 ( June 10, 1993 ) SENATE VOTE 34-0 ( September 9, 1993 š) Original Committee Reference: PUB. S. 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 punishable by a fine up to $250. A court may order a defendant što complete community service up to 48 hours. As passed by the Assembly, this bill: 1) Expanded defacement of property vandalism offenses beyond that which is done with paint or liquid, by including spraying, scratching, writing or other means of defacement. 2) Provided 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) Provided 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) Provided 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) Provided that it is a permissive inference that a person charged with š vandalism of government buildings neither owned the property nor had the owners permission to deface, damage or destroy the property. 6) Required the court and prosecuting attorney to consider whether any - continued - AB 1179 Page 1 AB 1179 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) Provided 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) Provided that a person under 18 who possesses an aerosol container of š 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) Provided 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) Provided that it is a misdemeanor punishable between three months to š 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. The Senate amendments: 1) Delete the Assembly provision making it an alternate š felony/misdemeanor to commit graffiti. 2) Provide it is a misdemeanor, punishable by up to six months in the š county jail and/or a fine up to $1,000 to possess graffiti implements, as defined. 3) Double join AB 1268 (Martinez), AB 839 (Baca), SB 374 (Hill), AB 663 š (Baca), AB 381 (Hannigan), Chapter 86, Statutes of 1993!, and AB š 2365 (Johnson) to protect against chaptering problems if these bills are signed into law. 4) Incorporate amendments made by AB 1300 (W. Brown), Chapter 120, š Statutes of 1993. FISCAL EFFECT Unknown COMMENTS None - continued - AB 1179 Page 2 AB 1179 FN 005844 - continued - AB 1179 Page 3