graffiti "community service" bill

This law sounds good. First problem. You have to have police catch someone and that has to hold up in court. I want to know how many successful graffiti prosecutions LASD has prosecuted on the San Gabriel River or in the city of Lakewood in the past year. I am going to take a shot at none. And as the LASD and city of Lakewood reads this blog regularly we challenge them to prove us wrong. They send the stats we will post them.

The law (on the surface) is a common sense measure which ones does not usually see out of the legislature. Of course how do you really make a graffiti artist clean up the area for a year? You don't. Also the press release makes it sound like the "clean up" sentencing is mandatory, until you read the "weasel words" the legislature put in the bill to make sue some bleeding heart liberal judge can still let the defendant off. Really this sounds like nothing more than a press release event (to attempt to show how "hard working" our legislature is) rather than a real enforcement or punishment tool. I cant wait to see how often this is used. I suppose next the ACLU will challenge it as "cruel and unusual punishment" for "artists" and that what we need is more taxpayer funded "afterschool programs" to "channel their talent".

We found the law interesting due to the rise of graffiti in Lakewood and the San Gabriel River. Looks like we got our hopes up for nothing.

PRESS RELEASE

07/30/2008 FOR IMMEDIATE RELEASE

Gov. Schwarzenegger Signs Graffiti Vandalism Legislation

Continuing his commitment to public safety, Governor Arnold Schwarzenegger today signed legislation to hold offenders accountable for crimes of vandalism and to remove graffiti from California's streets and neighborhoods. AB 1767 by Assemblymember Fiona Ma (D-San Francisco) mandates community service for a person who has committed a criminal act of graffiti vandalism, and AB 2609 by Assemblymember Mike Davis (D-Los Angeles) requires defendants convicted of graffiti vandalism to clean up or repair the defaced or damaged property.

"As Governor, I have made the safety of our communities my top priority," Governor Schwarzenegger said. "By cleaning up graffiti and holding offenders accountable for their actions, this legislation will make our streets and neighborhoods a safer and cleaner place to live."

AB 1767 authorizes the courts in San Francisco to launch a pilot program where violators of graffiti vandalism are ordered to participate in a minimum of 24 hours of community service, when available, if they have reached a civil compromise with the victim. This law targets graffiti abatement service programs as the community service outlet for offenders and remains in effect until January 1, 2012.

Similarly, AB 2609 requires the court to order offenders paroled for a graffiti violation to clean up, repair or replace the damaged property. Defendants would also be required keep the damaged property or another specified property in the community free of graffiti for up to one year.


BILL NUMBER: AB 2609 CHAPTERED
BILL TEXT

CHAPTER 209
FILED WITH SECRETARY OF STATE JULY 30, 2008
APPROVED BY GOVERNOR JULY 30, 2008
PASSED THE SENATE JULY 3, 2008
PASSED THE ASSEMBLY JULY 14, 2008
AMENDED IN SENATE JUNE 10, 2008
AMENDED IN ASSEMBLY APRIL 17, 2008

INTRODUCED BY Assembly Member Davis
(Coauthors: Assembly Members Anderson and Solorio)

FEBRUARY 22, 2008

An act to amend Section 594 of the Penal Code, relating to
vandalism.



LEGISLATIVE COUNSEL'S DIGEST


AB 2609, Davis. Vandalism: penalties: community service.
Existing law, amended by Proposition 21, an initiative measure
enacted by voters at the March 7, 2000, statewide primary election,
and requiring a 2/3 vote of the Legislature to amend, makes a person
who maliciously commits specified destructive acts with respect to
another's property guilty of vandalism. Existing law grants the court
the authority to order a defendant who is convicted of violating
this provision, or to order the defendant and his or her parents, if
the defendant is a minor, to clean up, repair, or replace the damaged
property or keep the damaged property or another specified property
in the community free of graffiti for up to one year.
This bill would, in addition, require a court, when appropriate
and feasible, to impose the above cleanup penalties for any defendant
who was convicted of violating those vandalism provisions, as
specified. By increasing the penalties for a crime, the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 594 of the Penal Code is amended to read:
594. (a) Every person who maliciously commits any of the
following acts with respect to any real or personal property not his
or her own, in cases other than those specified by state law, is
guilty of vandalism:
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
Whenever a person violates this subdivision with respect to real
property, vehicles, signs, fixtures, furnishings, or property
belonging to any public entity, as defined by Section 811.2 of the
Government Code, or the federal government, it shall be a permissive
inference that the person neither owned the property nor had the
permission of the owner to deface, damage, or destroy the property.
(b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment in the state prison or in a county jail not exceeding
one year, or by a fine of not more than ten thousand dollars
($10,000), or if the amount of defacement, damage, or destruction is
ten thousand dollars ($10,000) or more, by a fine of not more than
fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is
less than four hundred dollars ($400), vandalism is punishable by
imprisonment in a county jail not exceeding one year, or by a fine of
not more than one thousand dollars ($1,000), or by both that fine
and imprisonment.
(B) If the amount of defacement, damage, or destruction is less
than four hundred dollars ($400), and the defendant has been
previously convicted of vandalism or affixing graffiti or other
inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7, vandalism is punishable by imprisonment in a county jail for
not more than one year, or by a fine of not more than five thousand
dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of
vandalism consisting of defacing property with graffiti or other
inscribed materials, the court shall, when appropriate and feasible,
in addition to any punishment imposed under subdivision (b), order
the defendant to clean up, repair, or replace the damaged property
himself or herself, or order the defendant, and his or her parents or
guardians if the defendant is a minor, to keep the damaged property
or another specified property in the community free of graffiti for
up to one year. Participation of a parent or guardian is not required
under this subdivision if the court deems this participation to be
detrimental to the defendant, or if the parent or guardian is a
single parent who must care for young children. If the court finds
that graffiti cleanup is inappropriate, the court shall consider
other types of community service, where feasible.
(d) If a minor is personally unable to pay a fine levied for acts
prohibited by this section, the parent of that minor shall be liable
for payment of the fine. A court may waive payment of the fine, or
any part thereof, by the parent upon a finding of good cause.
(e) As used in this section, the term "graffiti or other inscribed
material" includes any unauthorized inscription, word, figure, mark,
or design, that is written, marked, etched, scratched, drawn, or
painted on real or personal property.
(f) The court may order any person ordered to perform community
service or graffiti removal pursuant to paragraph (1) of subdivision
(c) to undergo counseling.
(g) This section shall become operative on January 1, 2002.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.


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