HomeMy WebLinkAbout1993-07-13 - AGENDA REPORTS - STATE LEGISIATION BILL 1179 (2)AGENDA REPORT
CONSENT CALENDAR
DATE: July 13, 1993
SUBJECT: State Legislation: Assembly Bill 1179
DEPT: Management Services
BACKGROUND
City Manager
Item to be pre r(t6d by:
Michael P. Mttphy M41
Assembly Bill 1179 (Epple) enacts the 1993 California Graffiti Omnibus Bill.
Graffiti is a problem throughout the state of California. Local communities have been
attempting to grapple with the issue in a variety of different ways but have found that limiting
state laws do not provide local governments and judicial system the tools necessary to
adequately address the growing graffiti problem. Over two dozen bills in this subject area have
been introduced in the Legislature so far this session. Legislative hearings have taken
components of a number of these bills and put them into one legislative vehicle, Assembly Bill
1179.
At a workshop on April 29, 1993, the Santa Clarita Parks and Recreation Commission devoted
substantial time to the discussion of concepts contained in various pieces of legislation. The
Commission supported increases in fines and community service hours. They also supported
increasing the offense category for repeat offenders from misdemeanor to felony offense.
The Parks and Recreation Commission also expressed a preference for increased parental
responsibility in terms of fines or community service. Legislation containing these requirements
was defeated based upon the arguments of legal experts who contend that parents cannot be
held liable to execute either fines or community service hours on behalf of their children
convicted of graffiti crimes. It is anticipated that some form of parental involvement will be
devised in future legislation to more closely tie parents as responsible parties.
AB 1179 contains specific provisions outlined as appropriate by the Parks and Recreation
Commission. Specifically AB 1179:
1. Expands the definition of vandalism to include not only defacement with paint or liquid, but
seeks to include spraying, scratching, writing or other means of defacement.
2. Makes a second conviction for vandalism or specified graffiti crimes an alternate
misdemeanor/felony and authorizes the court toimposeup to 300 hours of community service.
APPROVED hen4a Item:
3' Creates an increasing community service scale up to 300. hours for minors convicted on
multiple occasions of defacement of property while on any public highway, street, alley or other
public place.
4. Increases community service hours from a maximum of 48 hours to a maximum of 100 hours
for a person convicted of affixing graffiti to real or personal property not his/her own.
5. If previously convicted of graffiti vandalism, the fine shall be up to $1000 or six months in
the county jail or both if subsequently convicted.
6. Vandalism and graffiti committed within 100 feet of a highway or its appurtenances (i.e.
guardrails, signs, traffic signals) shall be a misdemeanor punishable by imprisonment in the
county jail for up to six months and/or a $1000 fine and/or up to 100 hours of community
service. Subsequent convictions would make the offense a misdemeanor or felony, retain the
same fine and jail term and increase community service for up to 300 hours.
7. Encourages the courts to consider graffiti removal in community service sentences for
persons convicted of non-violent offenses.
8. Authorizes counties to offer graffiti cleanup for local government entities as a voluntary
option in work release programs, in which under specified criteria, work time credit shall be
charged against confinement time.
9. Expands the definition of vandalism to include defacing property with paint or other liquid,
spraying, scratching or writing on a surface. For each conviction of the above offense by a
person 13 years of age or older, the court may suspend the person's driving privilege for one
year or delay the issuance of a driver's license for one year should the convicted person not
already possess a license.
The City Council Legislative Committee reviewed AB 1179 and recommends a support position.
RECOMMENDATION
Adopt the City Council Legislative Committee's recommendation to support Assembly Bill 1179
and transmit statements of support to Santa Clarita legislative delegation, appropriate legislative
committees, Assembly Member Epple, League of California Cities, Contract Cities Association
and Independent Cities Association.
MPM598.doc
A?, 11-79
In bill text, brackets have special meaning:
[A> <A] contains added text, and
[D> <D] contains deleted text.
CA AR 1179 06/25/93 Page 1
Amended
MOOED IN ASSEMBLY MAY 17, 1993
ASSEMBLY BILL No. 1179
Introduced by Assembly [D> Member Epple <D] [A> Members Epple, Burton,
Boland, Horcher, Aguiar, Baca, Caldera, Connolly, Haynes, Lee,
McDonald, Rainey, Solis, and Umberg <A]
[A> (Coauthors: Assembly Members Alpert,, Bornstein, Conroy, Gotch,
Hauser, Martinez; Mountjoy, and Peace) <A]
March 2, 1993
®00 == DRYi6= E0 �J
[D> An act to add Section 594.6 to the Penal Code, relating to <D]
[A> An act to amend Sections 417, 550, 594, 594.1, 640.5, 640.6, 1203.1,
and 4024.2 of, and to add Sections 594.6 and 640.7 to, the Penal Code,
and to amend Section 13202.6 of the Vehicle Code, relating to <A]
vandalism.
LEGISLATIVE COUNSEL'S DIGEST
AB 1179, as amended, Epple. Vandalism.
[A> (1) Existing law provides that every person who, except in.
self-defense, in the presence of any other person, draws or exhibits any
deadly weapon whatsoever, other than a firearm, in a rude, angry, or
threatening manner, or who in any manner, unlawfully uses the same in
any fight or quarrel is guilty of a misdemeanor, punishable by
imprisonment in a county jail for.not less than 30 days and where the
deadly weapon is a firearm, whether loaded or unloaded, the person is
guilty of a misdemeanor, punishable by.imprisonment in a county jail for
not less than 3 months. <A]
[A> This bill, in addition, would provide that it is a violation of this
provision to act as described above when the other person is in -the
process of cleaning up graffiti or vandalism, punishable as specified. <A]
[A> (2) Existing law prohibits certain specified acts with respect to
false and fraudulent insurance claims and provides that, except in the _
interest of justice, a person placed on probation for violating the
provisions shall be required to perform some community service,
specifically, the removal of graffiti. <A]
[A> This bill would delete the requirement that a person placed on
probation for violating these provisions perform community service,
specifically, the removal of graffiti. <A]
[A> (3) <A] Existing law prohibits a person from maliciously
defacing, with paint or other liquid, damaging, or destroying any real
or personal property not his or her own, except as specified, a
violation of which is vandalism, punishable as a misdemeanor if the
CA AB.li79 06/25/93 Page 2 .
amount of defacement, damage,,or destruction is less than $5,000 and
punishable -as a misdemeanor or felony if the amount of defacement,
damage, or destruction is $5,000 or more.
[A> This bill, instead, would provide -that every person who
maliciously sprays, scratches, writes on, or otherwise defaces, or who
damages or destroys any real or personal property not his or her own,
except as specified, shall be guilty of vandalism, punishable as
specified above. The bill also would create a permissive inference that
a person who violates this provision with respect to real property
belonging to any public entity, as defined, or the federal government,
neither owned the property nor had the permission of the owner to
deface, damage, or destroy the property. <A]
This bill, in addition, notwithstanding the above provision, would
make it a misdemeanor or a felony for a person having been convicted of
-the above offense [A> , specified graffiti offenses, or any combination
of these offenses, on 2 separate occasions, <A] and having [D> served a
term therefor in any penal institution or having been imprisoned therein
as a condition of probation for that offense <D] [A> been incarcerated
pursuant to a sentence, a conditional sentence, or a grant of probation
for at least one of the convictions <A] , to be subsequently convicted
of that offense. The bill would authorize the court to order the
defendant subject to punishment pursuant to this provision to perform
community service not to exceed 300 hours over a period -hot to exceed
240 days during a time other than during his or her hours of school
attendance or employment. Because this bill would change the punishment
for a crime, it would impose a state -mandated local program.
[A> (4) Existing law provides that it is a misdemeanor for any
person under the age of 18 years to possess an aerosol container of
paint for the purpose of defacing_ property while on any public highway,
street, alley, or way, or other public place, regardless of whether that
person is or is not in any automobile, vehicle, or other conveyance,
punishable by imprisonment in a county jail not to exceed 6 months, a
fine not to exceed $1,000, or by both that imprisonment and fine'. <A]
[A> This bill'would authorize the court to order, in addition to any
other penalty for a violation of this provision, that the defendant
perform community service not to exceed 100 hours over a period not to
exceed 90 days during a time other than during his or her hours of
school attendance or. employment.` This penalty would increase to
community service not to exceed 200 hours over a period.not to exceed"
180 days if the person has a prior conviction of this offense and
community service not to exceed 300 hours over a period not to exceed
240 days if the person has 2 prior convictions of this offense. Because
this bill would change the punishment for a crime, it would impose a
state -mandated local program. <A]
[A> (5) Existing law makes it an infraction to affix graffiti on or in
the facilities or vehicles of a governmental entity or public
transportation system as defined, or of or in the facilities of or
vehicles operated by entities subsidized by the -Department of
Transportation, or on or in any leased or rented facilities or vehicles
for which any of these entities incur costs of less than $250 for
cleanup, repair, or replacement, punishable by a fine not to exceed $250
CA AB 1179 06/25/93 Page 3
and by community service not to exceed 48 hours over a period not to
exceed 30 days during a time other than during hours of school'
attendance or employment. <A]'
[A> This bill would increase the punishment for this offense to a fine
not to exceed $250 and community service not to exceed 100 hours over a
period not to exceed 90 days during a time other than during hours of
school attendance or employment. <A]
[A> (6) Existing law makes it an infraction for a person to affix•
graffiti on any real or_ personal property not his or her own, punishable
by a fine not to exceed $250 or by that fine and community service not
to exceed 48 hours for the first conviction and not to exceed 96 hours
for a 2nd or subsequent conviction. <A]
[A> This bill would increase the punishment for a violation of this
offense to a fine not, to exceed $250 or that fine and community service
not to exceed 100 hours over a period not to exceed 90 days during a
time other than during hours of school attendance or employment. <A]
[A> This bill, in addition, would make any offense in (5) and (6) above
a misdemeanor punishable by imprisonment in a county jail not to exceed
6 months, by a fine not to exceed $1,000, or by both that imprisonment
and fine if the person has been convicted previously of any of those
offenses or of specified vandalism or graffiti offenses. This bill would
authorize the court, in addition, to order the defendant subject to
punishment under this provision to perform community service not to
exceed 200 hours over a period not to exceed 180 -days during a time
other than during his or her hours of school attendance or employment. <A]
[A> This bill would make any offense in (5) or (6) above a misdemeanor
or a felony; punishable as specified, if the person has been previously
convicted of any of those offenses, of specified vandalism or graffiti
offenses, or of any combination of those offenses, on 2 separate
occasions and having been incarcerated pursuant to a sentence; a
conditional sentence, or a grant of probation for at least one of the
convictions, is subsequently convicted of any offense in (5) or (6).
This bill would authorize the court, in addition, to order the defendant
subject to punishment under this provision to perform community service
not to exceed 300 hours over a period not to exceed 240 days during a
time other than during his or her hours of school attendance or
employment. This'bill would make conforming changes. <A]
[A> Because this bill would change the punishment for a crime, it would
impose a state -mandated local program. <A]
[A> This bill, additionally, would provide that any person who violates
(3), (5), or (6) above regarding vandalism and graffiti offenses on or
within 100 feet of a highway, or its appurtenances, as specified, is
guilty of a misdemeanor, punishable by imprisonment in a county jail not
exceeding 6 months, or by a fine not exceeding $1,000, or by both that
imprisonment and fine for the first offense, and by imprisonment in a
county,jail not exceeding one year, or by a fine not exceeding $1,000,
or by both that imprisonment and fine for the 2nd offense. This bill
would make this offense a misdemeanor or felony, punishable as
specified, if the person having been convicted previously of this
CA AB 1179 06/25/93 Page 4
offense, of specified vandalism or graffiti offenses, or.any combination
of these offenses, on 2 separate occasions, and having been at least
once incarcerated pursuant to a sentence, a conditional sentence, or a
grant of probation for at least one of,the convictions, is subsequently
convicted under this provision. This bill also would authorize the court
to order the defendant to perform community -service, during a time.other
than during his or her hours of school attendance,or employment, not to
exceed 100 hours over a period not to exceed 90 days for the first
offense, not to exceed 200 hours over a period not to exceed 180 days
for the 2nd offense, and not to exceed 300 hours over a period not to
exceed 240 days for the 3rd offense. Because this bill would change the
punishment for a crime, it would impose a state -mandated local program. <A]
[A> (7) Existing law authorizes the court to impose and require any or
all of specified terms of imprisonment, fines, and other reasonable
conditions of probation. <A]
[A> This bill would require the court to consider, except as specified,
whether any defendant who has been convicted of a nonviolent and
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.that community service. This bill would
provide that offenses in violation of the Dangerous Weapons' Control Law
and involving the use of dangerous or deadly weapons, the use or
attempted'use of violence against the person of another or involving
injury to a victim, or the annoying or molesting of children are not
nonserious offenses for the.purposes of this provision. <A]
[A> (8) Existing law authorizes the board of supervisors of any
county to authorize the sheriff or other official in charge of the
county correctional facilities to offer voluntary participation in a
work release program, pursuant to specified criteria in which one day of
participation will be in lieu of one day of confinement. Under existing
law, the work 'release program shall consist of any of specified
components, including, but not limited to, manual labor in support of
nonprofit organizations, as defined, as approved by the sheriff or other
official in charge of the correctional facility. <A]
[A> This bill would add to the list of components that a work release
program -is authorized to include the performance of graffiti cleanup for
local governmental entities, as approved by the sheriff'or other
official in charge of the correctional facilities. <A]
[A> (9) Existing law authorizes, for each conviction of a person for
violations involving vandalism, as specified, by defacing property with
paint or any other liquid, committed while the person was 13 years of
age or older, the court to suspend the person's driving privilege for
one year or, if the person does not yet have the privilege to drive, to
delay issuing the privilege to drive for one year, as specified. <A]
[A> This bill would extend this provision to apply to vandalism
involving defacing property by spraying, scratching, or writing on a
surface. <A]
[A> (10) <A] The California Constitution requires the state to
reimburse local agencies and school districts for certain costs mandated
CA AS 1179
by the state.
reimbursement.
06/25/93_
Page 5
Statutory provisions establish procedures for making that
This bill would provide that no reimbursement is required by this
act for a specified reason.
Votes majority. Appropriation:. no. Fiscal committee: yes.'
State -mandated local .program: yes.
The people of the State of California do enact as follows:
SECTION 1. [A> This act shall be known and may be cited as "The
1993 California Graffiti Omnibus Bill." <A]
[A> SEC. 2. Section 417 of the Penal Code is amended to read: <A]
417. (a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses the same in any fight or
quarrel is guilty of a misdemeanor [A> , <A] punishable by imprisonment
in [D> the <D] [A> a <A] county jail for [D> a term of <D] not less than
30 days. [A> Every person who violates this section when the other
personisin the process.of cleaning up graffiti or vandalism is guilty
of a misdemeanor, punishable by imprisonment in a county jail for not
less than 30 days nor more than one year. <A]
(2) Every person who, except in self-defense, in the presence of any
other person, draws or exhibits any firearm, whether loaded or unloaded,
in a rude, angry, or threatening manner, or who in any manner,
unlawfully uses the same in any fight or quarrel is guilty of a
misdemeanor [A> , <A] punishable by imprisonment in [D> the <D] [A> a <A]
county jail for [D> a term of <D] not -less than three months. [A> Every
person who violates this section when the other person is in the process
of cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than three
months nor more than one year. <A]
(b) Every person who, except in self-defense, in the presence of any
other person, draws or exhibits any loaded firearm in a rude, angry, or
threatening manner, or who, in any manner, unlawfully uses any loaded '
firearm in any fight or quarrel upon the grounds of any day care center,
as defined in Section 1596.76 of the Health and Safety Code, or any
facility where programs, including day care programs or recreational
programs, are being conductedforpersons under 18 years of age,
including programs conducted by a nonprofit organization, during the
hours in which the center or facility is open for use, shall be punished
by imprisonment in the state prison for one, two, or three years, or by
imprisonment in a county jail for [D> a term of <D] not less than three
months, nor more than one year.
(c) Every person who, in the immediate presence of a peace officer,
draws or exhibits any firearm; whether loaded or unloaded, in a rude,
angry, or threatening manner, and who knows or reasonably should know
that the victim is a peace officer engaged in the performance of his or
her duties, and that peace officer is engaged in the performance of his
CA AB 1179 06/25/93 Page 6.
or -her duties is guilty of a felony [A> , <A] punishable by imprisonment
in [D> the <D] [A> a <A] county jail for [D> a term of <D] not less than
nine months and not to exceed one year, or in the state prison.
As used in this section, "peace officers" refers to any person
designated as a peace officer by Section 830.1, Section 830.2,
subdivision (a) of Section 830.3, or Section 830.5.
[A> SEC. 3. Section 550 of the Penal Code is amended to read: <A]
550. (a) It is unlawful to do any of the following:
(1) Knowingly present or cause to be presented any false or
fraudulent claim for the payment of a loss, including payment of a loss
under a contract of insurance.
(2) Knowingly present multiple claims for the same loss or injury,
including presentation of multiple claims to more than one insurer, with
an intent to defraud.
(3) Knowingly cause or participateina vehicular collision, or any
other vehicular accident, for the purpose of presenting any false or
fraudulent claim.
(4) Knowingly present a false or fraudulent claim for the payments
of a loss for theft, destruction, damage, or conversion of a motor
vehicle, a motor vehicle part, or contents of a motor vehicle.
(5) Knowingly prepare, make, or subscribe any writing, with the
intent to present or use it, or to allow it to be presented in support
of any false or fraudulent claim.
(6) Knowingly assist, abet, solicit, or conspire with [D>.(A) any <D]
[A> any person described as followso <A]
[A> (A) Any <A] person who knowingly presents any false or fraudulent
claim for the payment of a loss, including payment of a loss under a
contract of insurance [D> ;.(B) any <D] [A> <A]
[A> (B) Any <A] person who knowingly presents multiple claims for the
same loss or injury, including presentation of multiple claims to more
than one insurer, with an intent to defraud [D> ;_(C) any <D] [A> .. <A] '
[A> (C) Any <A] person who knowingly causes or participates in a
vehicular collision, or any other vehicular accident, for the purpose of
presenting any false or fraudulent claim [D> ; and (D) any <D] [A> . <A]
[A> (D) Any <A] person who knowingly prepares, makes, or subscribes any
writing, with the intent to present or use it, or to allow it to be
presented in support on any claim.
(7) Knowingly make or cause to be made any false or fraudulent claim
for payment of a health care benefit.
_(8) Knowingly submit a claim for a health care benefit which was not
used by, or on behalf of, the claimant.
CA AB 1179 06/25/93 Page .7
(9) Knowingly present multiple claims for payment of the same health
care benefit with an intent to defraud. I
(10) Knowingly present for payment any undercharges for health care
benefits on behalf of a specific claimant unless any known overcharges
for health care benefits for that claimant are presented for
reconciliation at that same time.
(b) (1) Every person who violates paragraph (1), (2), (3), (4); (5),
or (6) of subdivision (a) [D> is punishable <D] [A> shall be punished <A]
by imprisonment in the state prison for two, three, or five years, or by.
a fine not exceeding -fifty thousand dollars ($50,000), or by both that
imprisonment and -fine, unless the value of the fraud is fifty thousand
dollars ($50,000) or more. Whenever the value of the'fraud is fifty
thousand dollars ($50,000) or more, the fine may be double the amount of
the value of the fraud. [D> Except in the interest.of justice, a person'
placed on probation for violating any provision of this section shall be
required by the court to perform some community service, specifically,
the removal of graffiti. <D]
(2) Every person who -violates paragraph (7), (8),, (9), or (10) of
subdivision (a) is guilty of a public offense.
(A) Where the claim or amount at issue exceeds four hundred dollars
($400), the offense is punishable by imprisonment in the state prison
for two, three, or five years, by a fine not exceeding fifty thousand
dollars ($50,000), or by both that imprisonment and fine, unless the
Value of the fraud exceeds fifty thousand dollars ($50,000), in which
event the fine may not exceed the value of the fraud, or by imprisonment
in a county jail not to exceed one year, by a fine of not more than one
thousand dollars ($1,000), or by both that imprisonment and fine.
(B) Where the claim or amount at issue is four hundred dollars
($400) or less, the offense -is punishable by imprisonment in a county
jail not to exceed six months, by a fine of not -more than one thousand
dollars ($1,000); or by both that imprisonment and fine unless the
aggregate amount of the claims or amount at issue exceeds four hundred
dollars ($400) in any 12 consecutive month period, in which case the
claims or amounts may be charged as in subparagraph (A).
(c) Notwithstanding any other provision of law, probation shall not
be granted to, nor shall the execution.or imposition of a sentence be
suspended for, any adult person convicted of felony violations of this
section who previously has been convicted of felony violations of this
section as an adult undercharges separately brought and tried two or
more times. The existence of any fact which would make a person
ineligible for probation under this subdivision shall be alleged in the
information or indictment, and either admitted by the defendant in an
open court, or found to be true by the jury trying the issue of guilt or
by the court where guilt is established by plea of guilty or nolo
contendere or by trial by the court sitting without a jury.
Except where the existence of the fact was not admitted or found to
be true or the court finds that a prior felony conviction was invalid,
the court shall not strike or dismiss any prior felony convictions
CA AB 1179 06/25/93 Page 8 _
alleged in the information or indictment.
This subdivision shall not prohibit the adjournment of criminal:
proceedings pursuant to Division 3 (commencing with Section 3000) of, or
Division 6 (commencing with Section fi000) of, the Welfare and
Institutions Code.
(d) Any person who violates subdivision (a) and who has a prior
felony conviction of the offense set forth in that subdivision or in
Section 548 shall receive a two-year enhancement for each prior felony
conviction in addition to the sentence provided.in subdivision (b). The
existence of any fact which would subject a person to a penalty
enhancement shall be alleged in the information or indictment and either
admitted by the defendant in open court, or found to be true by the jury
trying the issue of guilt or by the court where guilt is established by
plea of guilty or nolo contendere or by -trial by the court sitting
without a jury.
(e) This section shall not be construed to preclude the
applicability of any other provision of criminal law that applies or may
apply to any transaction.
[A> SEC. 4. Section 594 of the Penal Code is amended to read: <A]
594. (a) Every person who maliciously [D> (1) defaces with paint or
any other liquid,.(2) damages, or (3) destroys <D] [A> commits any of
the following acts with respect to <A] any real or personal property not
his or her own, in cases otherwise than those specified by state law,is
guilty of vandalism [D> . <DJ [A> : <A]
[A> (1) Sprays, scratches, writes on, or otherwise defaces. <A]
[A> (2) Damages. <A]
[A> (3) Destroys. <A]
[A> Whenever a person violates paragraph (1) with respect to real
property belonging to any public entity, as defined by Section 811.2 of
the Government Code, or real property belonging to 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. <A]
(b) (1) If the amount of defacement, damage, or destruction is fifty
thousand dollars ($50,000) 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 fifty thousand dollars ($50,000), or
by both.that fine and imprisonment.
(2) If the amount of defacement, damage, or destruction is five
thousand dollars ($5,000) or more but less than fifty thousand dollars '
($50,000), 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 by both that fine and
imprisonment.
CA AS 1179 06/25/93 Page .9
(3) If the amount of defacement,_ damage, or destruction is one
thousand dollars ($1,000) or more but less than,five thousand dollars
($5,000), vandalism is punishable by.imprisonment in [D> the <D] [A> a <A],
county jail not exceeding one year, or by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.
(4) If the amount of defacement, damage, or destruction is less than
one thousand dollars ($1,000), vandalism is punishable by imprisonment
in [D> the <D] [A> a'<A] county jail for not more than six months, or by
a fine of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment.
(c) Upon conviction of any person under this section for acts of
vandalism consisting of writing graffiti, the court may, in addition to
any punishment imposed under subdivision (b), at the victim's option,
order the defendant to either clean up and repair the damaged property
himself or herself, or to pay for someone else to do so.
[A>' SEC. 5. Section 594.1 of the Penal Code is amended to read; <A]
594.1. (a) It shall be unlawful for any person, firm,.or
corporation, except a parent or legal guardian, to sell or give or in
any way furnish to another person, who is in fact under the•age of 18
years, any aerosol container of paint that is capable•of defacing
property without first obtaining bona fide evidence of majority and
identity..
For purposes of this subdivision, "bona fide evidence of majority
and identity" is any document evidencing the age and identity of an
individual which has been issued by a federal, state, or local
governmental entity, and includes, but is not limited to, a motor
vehicle operator's license, a registration certificate issued under the
federal Selective Service Act, or an identification card issued to a
member of the armed forces.
This subdivision shall not apply to the furnishing of six ounces or
less of an aerosol container of paint to a minor for the minor's use or
possession under the supervision of the minor's parent, guardian,
instructor, or employer.
(b) It shall be unlawful for any person under the age of 18 years to
purchase an aerosol container of paint that is capable of defacing
property.
(c) Every retailer selling or offering for sale in this state
aerosol containers of paint capable of defacing property shall post in a
conspicuous place a sign in letters at least three-eighths of an inch
high stating: "Any person who maliciously defaces real or personal
property with paint is guilty of vandalism which is punishable.by a
fine, imprisonment, or both."
(d) Itis unlawful for any person to carry on his or her person and
in plain view to the public an aerosol container of paint while in any
posted public facility, park, playground, swimming pool, beach or •
recreational area, other than a highway, street, alley or way, unless he
or she has first received valid authorization from the governmental
CA AB 1179 06/25/93 Page 10
entity which has jurisdiction over the public area.
As used in this subdivision "posted" means a sign placed in a
reasonable location or locations stating it is a misdemeanor to possess
a spray can of paint in [D>.such <D] [A> that <A] public facility, park,
playground, swimming pool, beach or recreational area without valid
authorization.
(e) [A> (1) <A] It is unlawful for.any person under the age of 18
years to possess an aerosol container of paint for the purpose of
defacing property while on any public highway, street, alley, or way, or
other public place, regardless of whether that person is or is not in
any automobile, vehicle, or other conveyance. `
[A> (2) In addition to the penalty set forth in subdivision (f), the
court may order a defendant convicted of a violation of this subdivision
to perform community service as follows: <A]
[A> (A) For a first conviction under this subdivision, community service
not to exceed 100 hours over a period not to exceed 90 days during a
time other than during his or her hours of school attendance or
employment. <A]
[A> (B) If the person has a prior conviction under this subdivision,
community service not to exceed 200 hours over a period of 180 days
during a time other than during his or her hours of school attendance or
employment. <A]
[A> (C) If the person has two prior convictions under this subdivision,
community service not to exceed 300 hours over a period not to exceed
240 days during a time other than during his or her hours of school.
attendance or employment. <A]
(f) [D> Violation of any provision <D] [A> A violation <A] of this
section is a misdemeanor.
[A> SEC. 6. <A] Section 594.6 is added to the Penal Code, to read: -
594.6. Notwithstanding paragraphs (3) and (4) of subdivision (b) of,
Section 594, every person who, having [D> been convicted of vandalism
under Section 594 and having served a term therefor in any penal
institution or having been imprisoned therein as a condition of
probation for that offense <D] [A> been convicted previously of
vandalism or affixing graffiti under Section 594, 640.5, 640.6, or
640.7, or any combination of these offenses, on two separate occasions,
and having been incarcerated pursuant to a sentence, a conditional
sentence, or a grant of probation for at least one of the convictions <A]
, is subsequently convicted of vandalism under Section 594, shall be
punished by imprisonment in a county jail not exceeding one year, or in
the state prison. JA> The court, in addition, may order the defendant to
perform community service not to exceed 300 hours over a period not to
exceed 240 days during a time other than during his or her hours of
school attendance or employment. <A]
[A> SEC. 7. Section 640.5 of the 'Penal Code is amended to read: <A]
CA AH 1179
06/25/93 Page 11
640.5. (a) Any person who writes; sprays, scratches, or otherwise
affixes graffiti on or in the facilities or vehicles of a governmental
entity, as defined by Section 811.2 of the Government Code, or on or in .
the facilities or vehicles of a public transportation system as defined
by Section 99211 of the Public Utilities Code, or on or in the
facilities of or vehicles operated by entities subsidized by, the
Department of Transportation, or on or in any leased or rented
facilities or vehicles for which any of the above entities incur costs
of less than two hundred fifty dollars ($250) for cleanup, repair, or
replacement is guilty of an.infrabtion punishable by a fine not to
exceed two hundred fifty dollars ($250) and by community,service for a
total time not to exceed [D> 48 <D] [A> 100 <A] hours over a period not
to exceed [D> 30 <D] [A> 90 <A] days, -during a time other than during
his or her.hours of school attendance or employment. This subdivision
does not preclude application of Section 594.
(b) [A> If the person has been convicted previously of an infraction
under subdivision (a) or has a prior conviction of Section 594, 640.6,
or 640.7, the offense is a misdemeanor, punishable by imprisonment in a
county jail not to exceed six months, by a fine not to exceed one
thousand dollars ($1,000), or by both that imprisonment and fine. The
court, in addition, may order the defendant to perform community service
not to exceed 200 hours over a period not to exceed 180 days during a
time other than during his or.her hours of school attendance or.
employment. <A]
[A> (c) Every person who, having been convicted previously under this
section or Section 594, 640.6, or 640.7, or any combination of these
offenses, on two separate occasions, and having been incarcerated
pursuant to a sentence, a conditional sentence, or a grant of probation
for at least one of the convictions, is subsequently convicted under
this section, shall be punished by imprisonment`in a county jail not to
exceed one year or in the state prison. The court, in addition; may
order the defendant to perform community service not to exceed 300 hours
over a period not to exceed 240 days during a time other than during his
or her hours of school attendance or employment. .<A]
[A> (d) <A] (1) Upon conviction of any person under subdivision (a), the
court may, in addition to any punishment imposed pursuant to subdivision
(a), [A> (b), or (c), <A] at the victim's option, order the defendant to
perform the necessary labor to clean up, repair, or replace the property
damaged by that person, but shall not order the person to pay for any
related costs incurred by.the cleanup, repair, or replacement of the
property.
(2) If a minor is personally unable to pay any fine levied for
violating subdivision (a), [A>•(b), or (c), <A] the parent or legal
guardian of the minor shall be liable for payment of the fine. A court
may waive payment of the fine by the parent or legal guardian upon a
finding of good cause.
[D> (c) <D]
[A> (e) <A] Any fine levied for a violation of subdivision (a) [A> ,
(b), or (c) <A] shall be credited by.the county treasurer pursuant to
Section 1463.29 to the governmental entity having jurisdiction over, or
CA AB 1179
J
06/25/93
Page 12
responsibility for, the facility or vehicle involved, to be used for
removal of the graffiti. Before crediting these fines to the appropriate
governmental entity, the county may determine the administrative costs
it has incurred pursuant.to this section, and retain an amount equal to
those costs.
Any community service which is required pursuant to subdivision (a)
[A> , (b), or (c) <A] of a person under the age of 18 years may be
performed in the presence, and under the direct supervision, of the
person's parent or legal guardian.
[D> (d).<DI
[A> . (f) <A] As used in this section, graffiti means any.form of
unauthorized painting, writing, or inscription regardless of the content
or nature of the material used in the commission of the act.
[A> SEC. 8. Section 640.6 of the Penal Code is amended to read: <A]
640.6. (a) Except as provided in Section 640.5, any person who
writes, sprays, scratches, or otherwise affixes graffiti on any real or
personal property not his or her own is guilty of an infraction
punishable by a fine not to exceed two hundred fifty dollars ($250) if
the amount of the defacement, damage, or destruction is less than two
hundred fifty dollars'($250). This subdivision does.not preclude
application of Section 594.
[D> (b) (1) Upon conviction of any person under subdivision (a), the
court may, in addition to any punishment imposed pursuant to subdivision
(a), order the defendant to complete community.service not to exceed 48
hours for the first conviction. Upon the second and subsequent
conviction, the court may order the defendant to complete community
service not to exceed 96 hours. A defendant shall be ordered to complete
community service during a time other than during his or her hours of
school attendance or employment. <D]
[D> (2) <D] [A> In addition to the penalty set forth in this
section, the court may order the defendant to perform community service
not to exceed 100 hours over a period not to exceed 90 days during a
time other than during his or her hours of school attendance or
employment. <A]
[A> (b) If the person has been convicted previously of an infraction
under subdivision (a) or has a prior conviction of Section 594, 640.5,
or 640.7, the offense is a misdemeanor, punishable by not to exceed six
months in a county jail, by a fine not to exceed one thousand dollars
($1,000), or by both that imprisonment and fine. The court, in addition,
may order the defendant to perform community service not to exceed 200
hours over a period not to exceed 180 days during a time other than
during his or her hours of school attendance or employment. <A]
[A> (c) Every person who, having been convicted previously under this
section or Section 594, 640.5, or 640.7, or any combination of these
offenses, on two separate occasions, and having been incarcerated
pursuant to a sentence, a conditional sentence, or a grant of probation
for at least one of the convictions, is subsequently convicted under
CA AB'1179 06/25/93 Page 13
this section, shall be punished by imprisonment in a county jail not to
exceed one year.or in the state prison. The court, in addition, may
order the defendant to perform community service not to exceed 300 hours
over a period not to exceed 240 days during a time other than during his
or her hours of school attendance or employment. <A]
[A> (d) <A] Upon conviction of.any person under subdivision (a), the
court may, in addition to any punishment imposed pursuant to subdivision
(a), [A> (b), or (c), <A] at the victim's option, order the defendant to
perform the necessary labor to clean up, repair, or replace the property
damaged by that person, but shall not order the person to pay.for.any.
related costs incurred by the cleanup, repair, or replacement of.the
property.
[D> (3) <D]
[A> (e) <A] If a minor is personallyunable to pay any fine levied
for violating subdivision (a), [A> (b), or (c), <A] the parent or legal
guardian of the minor shall be liable for payment of the fine. A court
may waive payment of the fine by the parent or legal guardian.upon a
finding of good cause.
Any community service which is required pursuant to subdivision
[A> (a), <A] (b) [A> , or (c) <A] of a person under the age of 18 -years
may be performed in the presence, and under the direct supervision, of
the person's parent or legal guardian.
[D> (4) <D]
[A> (f) <A] As used in this section, graffiti means any form of
unauthorized painting; writing, or inscription regardless of the content
or nature of the material used in the commission of the act.
[A> SEC. 9. Section 640.7 is added to the Penal Code, to read: <A]
[A> 640.7. (a) Any person who violates Section 640.5, 640.6, or 594 on
or within 100 feet of a highway, or its appurtenances, including, but
not limited to, guard rails, signs, traffic signals, snow poles, and
similar facilities, excluding signs naming streets, is guilty of a
misdemeanor, punishable by imprisonment in a county jail not exceeding
six months, or by a fine not exceeding one thousand dollars ($1,000), or
by both that imprisonment and fine. A second conviction is punishable by
imprisonment in a county jail not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine. <A]
[A> (b) Every person who, having been convicted previously under this
section or Section 594, 646.5, or 646.6, or;any combination of these
offenses, on -two separate occasions, and having been at.least once
incarcerated pursuant to a sentence, a conditional sentence, or a grant
of probation for at least one of the convictions, is,subsequently
convicted under Section 640.6, shall be punished by imprisonment in a
county jail not exceeding one year or in the state prison. <A]
[A> (c) In addition to the penalty set forth in this section, the court
may order the defendant to perform community service not to exceed 100
CA AB 1179 06/25/93 Page 14
hours over a period not to exceed 90 days during a time other than
during his or her hours of school attendance or employment. If the
person has been convicted previously of this offense, the court may, in
addition, order the defendant to perform community service not to exceed
200 hours over a period not to exceed 180 days during a period other
than during his or her hours of school attendance or employment. If the
person has been convicted twice of this offense, the court, in addition,
may order the defendant to perform community service not to exceed 300
hours over a period not to exceed 240 days. <A]
[A> SEC. 10. Section 1203.1 of the Penal Code is amended to read: <A]
1203.1. [A> (a) <A] The court [A> , <A] or judge thereof, in the
order granting probation, may suspend the imposing, or the execution, of
the sentence and may direct that the suspension may continue.for a
period of time not exceeding the•maximum possible term of the sentence,
except as hereinafter set forth, and upon those terms and conditions as
it shall determine. The court, or judge thereof, in the order granting
probation and as a.'conditionjthereof [A> , <A] may imprison the
defendant in [D> the <D] [A> a <A] county jail for a period not
exceeding the maximum time fixed by law in the case [D> ; however <D]
[A> <A] .
[A> However <A] , where the maximum possible term of the sentence is
five years or less; then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue for
not over five years.[D> ; <D] [A> . The following shall apply to this
subdivision: <A]
[A> (1) The court <A] may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case [D> ; or may <D] [A> . <A]
[A> (2) The courtmay, <A] in connection with granting probation,'
impose either imprisonment in [A> a <A] county jail [D> , <D] or [A> a <A]
fine, [D>.or <D] both, or neither [D> ; <D] [A> . <A]
[A> (3) The court <A] shall provide for restitution in proper cases.
[D> ; and <D] [A> . - <A]
[A> (4) The court <A] may require bonds for the faithful observance and
performance of any or all of the conditions.of probation.
[A> (b) <A] The courtshall consider whether the defendant as a
condition of probation shall make restitution to the victim or the
Restitution Fund. Any restitution payment received by a probation
department in the form of cash or money order shall be forwarded to the
victim within 30 days from the date the payment is received by the
department. Any restitution payment received by a probation department
in the form of a check or draft shall be forwarded to the victim within
45 days from the date the payment.is received by the department,
provided, that payment need not be forwarded to a.victim until 180 days
from the date the first [D> such <D] payment is.received, if the
restitution payments for that victim received by the probation
department total less than fifty dollars ($50). In cases where the.court
has ordered the defendant to pay restitution to multiple victims and
where the administrative cost of disbursing restitution.payments to
CA AS 1179 06/25/93Page 15
multiple victims involves a significant cost, any restitution payment
received by a probation department shall be forwarded to multiple
victims when it is cost effective to do so, but in no event shall
restitution disbursements be delayed beyond 180 days from the date the
payment is received by the probation department. [D> In <D)
[A> (c) In <A] counties or cities and counties where road camps,
farms, or other public work is available the court may place the.
probationer in [D> such -a <D] [A> the <A] road camp; farm, or other
public work instead of in jail [D> ; <D] [A> . In this case, <A]•Section
25359 of the Government Code shall apply to probation and.the_court
shall have the same power to require adult probationers to work, as
prisoners confined in the county jail are required to work, at public
work. Each county board of supervisors may fix the scale of compensation
of the adult probationers in that county. [D> In <D]
[A> (d) In <A] all cases of probation the court may require as a
condition of probation that the probationer go to work and earn money
for the support of his or her dependents or to pay any fine imposed or ,
reparation condition, to keep an account of -his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
[A> (e) <A] The court shall also,consider whether the defendant as a
condition of probation shall make restitution to a public agency for the
costs of an emergency response pursuant to Article 8 (commencing with
Section 53150) of Chapter 1 of Part 1 of Division 2 of the Government
Code.
[A> (f) <A] In all [D> such <D] -cases [D> if <D] [A> in which, <A]
as a condition of probation a judge of the superior court sitting by
authority of law elsewhere than at the county seat requires a convicted
person to serve his or her sentence at intermittent periods the sentence.
may be served on the order of the judge at the city jail nearest to the
place at which the court is sitting, and the cost of his or her
maintenance shall be a county charge.
[A> (g) (1) The court and prosecuting attorney shall 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 the community service. For the purpose of
this subdivision, a nonserious offense shall not include the following: <A]
[A> (A) Offenses in violation of the Dangerous Weapons' Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4). <A]
[A> (B) Offenses involving the useofa dangerous:or deadly weapon,
including all violations of Section 417. <A]
[A> (C) Offenses involving the use or attempted use of violence against
the person of another or involving injury to a victim. <A]
[A> (D) Offenses involving annoying or molesting children. <A]
[A> (2) The court and the prosecuting.attorney need not consider 'a
CA AB 1179
06/25/93
defendant pursuant to paragraph (1) if the following circumstances
exist: <A]
Page 16.
[A> (A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. '<A]
[A> (B) The judge believes that the public safety may be endangered if .
the person was ordered to do community service or the judge believes
that the facts or circumstances or facts and circumstances call for
imposition of a more substantial penalty. <A]
[A> (h) <A] Upon conviction of any offense involving child abuse or
neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both; including, but not limited to, parent
education or parenting programs operated by community colleges, school
districts, other public agencies, or private agencies.
[A> (i) <A] The.court-may impose and require any or all of the .
above-mentioned terms of imprisonment, fine, and conditions, and other
reasonable conditions, as it may determine are fitting and proper to the
end that justice may be done, that amends may be made to society for the
breach of the law, for any injury done to any person resulting from that
breach, and generally and specifically for the reformation and
rehabilitation of the probationer, and that should the probationer
violate any of the terms or conditions imposed by the court in the
matter, it shall have authority to modify and change any and all
[D> such <D] [A> the <A] terms and conditions and to reimprison the
probationer in the county jail within the limitations of the penalty of
the public offense involved. Upon the defendant being released from the,
county jail under the terms of probation as originally granted or any
modification subsequently made, and in all cases where confinement in a
county jail has not been a condition of the grant of probation, the
court shall place the defendant or. probationer in and under the charge
of the probation officer of the -court, for the period or term fixed for
probation. However,.upon the payment of any fine imposed and the
fulfillment of all conditions of probation, probation shall cease at the
end of the term of probation, or sooner, in the event of modification.
In counties and cities and counties in which there are facilities for
taking fingerprints, those of each probationer shall be taken and a
record of them kept and preserved.
[A> (j) <A] Notwithstanding any other provisions of law to the
contrary, except as provided in Sections 13967 and 13967.5 of the
Government Code and Sections 1202.4, 1203.04, 1463.16, paragraph (1) of
subdivision (a) of Section 1463.18, and Section 1464, all fines
collected by a county probation officer in any of the courts of this
state, hs a condition of the granting of probation or as a part of the
terms of probation, shall be paid into the county treasury and placed in
the general fund for the use and benefit of the county.
[A> (k) <A] If the court orders restitution to be made to the
victim, the board of supervisors may add a fee to cover the actual
administrative cost of collecting restitution but not to exceed 10
percent of thetotal amount ordered to be paid. The fees shall be paid
CA AB 1179 06/25/93 Page 17
into the general fund of the county treasury for the use and benefit of
the county.
[A> SEC, 11. Section 4024.2 of the Penal Code is amended to read: <A] .
4024.2. (a) Notwithstanding any.other law, the board of supervisors
of any county may authorize the sheriff or other official in charge of
county correctional facilitie' to offer a voluntary program under which
any person committed to the facility may participate in a work release
program pursuant to criteria described in subdivision (b), in which one
day of participation will be in lieu -of one day of confinement.
(b) The criteria for a work release program are the following:
(1) The work release program shall consist of any of the following:
(A) Manual labor to improve or maintain levees or public facilities,
including, but not limited to, streets, parks, and schools.
(B) Manual labor in support of nonprofit organizations, as approved
by the sheriff or other official in charge of the correctional
facilities. As a condition of assigning participants,of a work release
program to perform manual labor in support of nonprofit organizations
pursuant to this section, the board of supervisors shall obtain workers'
compensation insurance which shall be adequate to cover work-related
injuries incurred by those participants, in accordance with Section
3363.5 of the Labor Code.
[A> (C) Performance of graffiti cleanup for local governmental
entities, as approved by the sheriff or other.official in charge of the
correctional facilities. <A] ,
(2) In addition, the sheriff or other official may permit a prisoner
participating in a work release program to receive work release credit
for participation in education, vocational training, or substance abuse
programs in lieu of performing labor in a work release program on an
hour -for -hour basis. However, credit for that participation may not
exceed one-half of -the hours established for the work release program,
and the remaining hours shall consist of manual labor described in
paragraph (1).
(3) The work release program shall be under the direction of a .
responsible person appointed by the sheriff or other official in charge.
(4) The hours of labor to be performed'pursuant-to this section
shall be.uniform for all persons committed to a facility in a county and
may be.determined by the sheriff or other official in charge of county
correctional facilities, and each day shall be a minimum of 8 and a
maximum of 10 hours, in accordance with the normal working hours of
county employees assigned to supervise the programs. However, reasonable
accommodation may be made for participation in a program under paragraph
(2).
As used in this section, "nonprofit organizations" means
organizations established or operated for the benefit of the public or
in support of a significant public interest, as set forth in Section
CA AB 1179 06/25/93 Page 18
501(c)(3) of the Internal Revenue Code. Organizations established or',
operated for the primary purpose of benefiting their own memberships are
specifically excluded:
(c) The board of supervisors may prescribe reasonable rules and
regulations under which a work release program is operated and may
provide that participants wear clothing of a distinctive character while
performing the work. As a condition of participating in a work release
program, a person.shall give his or her promise to appear for work or
assigned activity by signing a notice to appear before the sheriff or at
the education, vocational, or substance abuse program at a time and
place specified in the notice and -shall sign an agreement that the,
sheriff may immediately retake the person into custody to serve the
balance of his or her sentence if the person fails to appear -for the.
program at the time and place agreed.to, does not perform the work or
activity assigned, or for any other reason is no longer a fit subject
for release under this section. A copy of the notice shall be delivered
to the person and a copy shall be retained by the sheriff. Any person
who willfully violates his or her written promise to appear at the time
and place specified in the notice is guilty of a misdemeanor.
Whenever a peace officer has reasonable cause to believe the person
has failed to appear at the time and place specified in the notice or
fails to appear or work at the time and place agreed to or has failed to
perform the work assigned, the peace officer may, without a warrant,
retake the person into custody, or the court may issue an arrest warrant
for the retaking of the person into custody, to complete the remainder
of the original sentence. A peace officer may not retake a person into
custody under this subdivision, without a warrant for arrest, unless the
officer has a written order to do so, signed by the sheriff or other
person in charge of the program, which describes with particularity the
person to be retaken.
(d) Nothing in this section shall be construed to require the
sheriff or other official in charge to.assign a person to a program
pursuant to this section if it appears from the record that the person
has refused to satisfactorily perform as assigned or has not
satisfactorily complied with the reasonable rules and regulations
governing the assignment or any other order of the court.
A person shall be eligible for work release under this section only
if the sheriff or other official in charge concludes that the person is
a fit subject therefor.
(e) The board of supervisors may prescribe a program administrative
fee/ not to exceed.the pro rata cost of administration, to be paid by
each person according to his or her ability to pay.
[A> SEC. 12. Section 13202.6 of the Vehicle Code is amended to
read: <A]
13202.6. (a) (1) For each conviction of a person for any offense
'specified in subdivision (d), committed while the person was 13 years of
age or older, the court may suspend the person's driving privilege for
one year. If the person convicted does not yet have the privilege to
drive, the court may order the department to delay issuing the privilege
CA AB 1179
06/25/93
Page 19
to drive for one year subsequent to the time the person becomes legally
eligible to drive. However, if there is no further conviction for any
offense specified in subdivision (d) in a 12 -month period after the
conviction, the court, upon petition of the person'affected, may modify
the order imposing the delay of.the privilege. For each successive
offense, the court shall suspend the person's driving privilege for
those possessing a license or delay the eligibility for those not in
possession of a license at the time of their conviction for one
additional year.
(2) Any person whose driving privilege is suspended or'delayed for
an act involving vandalism in violation of Section 594 of the Penal
Code, may elect to reduce the period of suspension or delay imposed by
the court by performing community service under the supervision of the
probation department. The period of suspension or delay ordered under
paragraph (1) shall be.reduced at the rate of one day for each hour of
community service performed. For purposes of this paragraph,"community
service" means cleaning up graffiti from any public property, including ,
public transit vehicles.
(3) As used in this section, the term "conviction" includes the
findings in juvenile proceedings specified in Section 13105.
(b) (1) Whenever the court suspends driving privileges pursuant to
subdivision (a), the court in which the conviction is had shall require,.
all drivers' licenses held.by the person to be surrendered to the court.
The court shall, within 10 days following the conviction, transmit a
certified abstract of the conviction, together with any drivers'
licenses surrendered, to the department.
(2) Violations of restrictions imposed pursuant to this section are
subject to Section 14603.
(c) When the court is considering suspending or delaying driving
privileges.pursuant to subdivision (a), the court shall consider if a
personal or family hardship exists that requires the.person to have a
driver's license for his or her.own, or a member of his or her family's,
employment or medically related. purposes.
(d) This section applies to violations involving vandalism in
violation of Section 594 of the Penal Code by defacing property with
paint or any other liquid [A> , or by spraying, scratching, or writing
on a surface <A] .
(e) The suspension, restriction, or delay of driving privileges
pursuant to this section shall be in addition to any penalty imposed
upon conviction of any violation specified in subdivision (d).
[D> SEC. 2. <D]
[A> SEC. 13. <A] No reimbursement is required by this act pursuant
to Section 6 of Article XIIIB of the California Constitution because the
only costs which may be incurred by a local agency or school district
will, be incurred because this act creates a new crime or infraction,
changes the definition of a crime or infraction, changes the penalty for
a crime or infraction, or eliminates_a crime or infraction..
CA AB 1179 06/25/93 Page 20
Notwithstanding Section 17580 of the Government Code, unless otherwise
specified in this act; the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
Constitution.
END OF REPORT
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