Loading...
HomeMy WebLinkAboutNB 2 SB 583 06-21-93AGENDA_ DATE: JUNE 21, 1993 NEW BUSINESS NO. 6-21-93 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANRGER COMMUNITY DEVELOPMENT DEPARTMENT SENATE EILL 583 RECOMMENDATION Staff recommends that Council support efforts of the Tustin Pride, Graffiti Sub-Committee to discourage graffiti vandalism, by formally adopting Resolution No. 93-62. BACKGROUND Tustin Pride is. an Ad-Hoc Advisory Committee of the City of Tustin City Council. In response to Council request, Tustin Pride developed a sub-committee to specifically address the problem of graffiti and tagging in the community. The first Graffiti sub-Committee was held in May 1993, with a second meeting held in June 1993. The Sub-Committee is working to develop a number of programs, events and ideas to deter, discourage and remove graffiti in the city.' On June 8, 1993, after reviewing Senate. Bill (SB) 583, the Sub-Committee requested that the City Council formally support Senate Bill (SB) 583 by adopting a Resolution to be forwarded to Senator Lewis (the Bill's author), and members of the Public Safety Committee where the Bill is now being considered. CONCLUSION Staff recommends that Council support the Senate Bill 583 by formally adopting Resolution No. 93-62. Assistant Director of Community Development RW: kd\TPGraf i t. cc r ~Chris%ine A. Shin~ton Assistant City Ma~fager 9 10 11 12 13 14 15 16 17 18 19 20 ' 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 REgOLUTION NO. 93-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTINt CALIFORNIA, STATING THE COUNCIL'S SUPPORT OF SENATE BILL 583, THE ANTI-GRAFFITI BILL The City Council of the City of Tustin, California, DOES HEREBY RESOLVE as follows: WHEREAS, the City of Tustin requested the formation of a Graffiti Sub-Committee to address the growing problem of graffiti and tagging in the community. WHEREAS, The Graffiti Sub-Committee has reviewed Senate Bill (SB) 583 sponsored by Senator Lewis and has requested the City Council formally support the proposed legislation. WHEREAS, Graffiti and tagging mars buildings, walls, sidewalks and other structures and creates a blight on our community. The City of Tustin spends thousands of dollars a year~ on graffiti and tagging removal efforts; and WHEREAS, SB 583 would prohibit minors convicted of graffiti from obtaining a drivers license until age 18; and require 40 hours of community service for a first graffiti offense and 80 hours of community service for a subsequent offenses; and require' parent or guardian involvement in the minors community service work or be required to pay a $1,000 fine. NOW THEREFORE, the City Council of the City of Tustin hereby resolves as follows: .1. The City of Tustin City Council shares the concern of the Graffiti Sub-Committee regarding this matter and supports Senate Bill 583 and stronger legislation to curb and deter the spread of graffiti. The City of Tustin City Council directs this Resolution to be forwarded to Senator John Lewis and all members of the Public Safety Committee. PASSED and ADOPTED by the City council of Tustin this 21st day of June, 1993 JIM POTTS Mayor MARY E. WYNN City Clerk June 21, 1993 Community Development Department City Of Tustin 15222 Del Arno Avenue Tustin. CA 92680 (714) 544-8890 FAX (714) 832 0825 Senator John Lewis 3074 State Capitol Sacramento, California Dear Senator Lewis: 95814 On behalf of the Tustin City Council, write to urge your "aye" vote for SB 583 when the bill is heard on the Assembly Floor. The City of Tustin strongly supports the philosophy of "getting tough and fighting back" agains5 the influx of graffiti vandals. Your bill SB 583 addresses that philosophy thrOugh stricter penalties for graffiti offenders. Prohibiting minors w~o 'are convicsed of graffiti vandalism from obtaining, or possessing a driver's license or permit until the age of 18. Requiring graffiti vandals to perfcrm a minimum of 40 hours of community service wcrk for a first offense and 80 hours of communisy service for subsequent offenses. Requiring at least one parent or guardian of any unemancipated minor convicted of vanialism to fully participate in that minor's graffiti cleanup community service work, or to pay an additional fine of up to $1,000. Tustin is committed to doing everything wishin our power to combat graffiti. We allocate nearly S~0,000 per year on graffiti cleanup for both publir and private properties, in addition to promoting vclunteer efforts through a civic sponsored graffiti task force. As a key tourist destination in this State, Orange County must continue to present a clean and welcoming image to our visitors. Your support of SB 583 will beast our efforts and help us to turn youths from tkis destructive practice. Letter to Senator John Lewis SB 583 June 21, 1993 Page 2 SB 583 is a reasonable response to dealing with graffiti vandals. Please play a leading role in support SB 583 when it is heard on the Assembly Floor. Sincerely, Jim Ports Mayor cc: Public Safety Committee Members Amended SENATE BILL · AMENDED IN SENATE APRIL 28, 1993 AMENDED IN SENATE APRIL 12, 1993 No. 583 Introduced by Senator Lewis (Principal coauthor: Assembly Member Pringle) (Coauthor: Senator Kopp) (Coauthors: Assembly Members Boland, Conroy, Fan', Ferguson, Harvey, Hoge, Johnson, and Richter) March 1, 1993 An act to amend Sections 640.5 and 640.6 of the Penal Code, [A> and to amend Section 13202.6 of the Vehicle Code, <Al relating to crimes. LEGISLATIVE couNsEL'S DIGEST SB 583, as amended, Lewis. Crimes: graffiti. ID > (1) < D] Existing law provides that any person who writes, sprays, scratches, or otherwise affixes, graffiti on or in the facilities or vehicles of governmental entities, as specified, for which any of the entities incur costs of le~s than $250 for cleanup, repair, or replacement is guilty of an infraction, punishable by a fine not exceeding $250 and by community service for a total time not to exceed 48 hours, 'as specified. Existing law also provides that 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, as specified, and by community service not to exceed '48 hours for the first conviction and community service not to exceed 96 hours for a 2nd or subsequent conviction. [D > This bill would provide that whenever a minor is found to have violated these provisions and when a motor vehicle was used to commit the offense, the minor shall be prohibited from being issued a driver's license or permit until reaching the age of 18 years, or if the minor has been issued a driver's license or permit, that license or permit shall be surrendered immediately upon conviction and the minor shall be ineligible for reissuance of a license or permit until he or she has reached the age of 18 years. <D] [D > (2) Existing < D] [A > Existing < A] law provides that any community service required pursuant to these provisions 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. [A > This bill, instead, would provide that the person under the age of 18 years shall be an unemancipated person for this provision to apply. < A] [A > 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. Existing law also grants the person whose driving privilege is suspended or delayed pursuant to this provision the election to reduce the period of suspension or delay imposed by the court by performing community service undei' the supervision of the probation department. < A] This bill would [D > require the presence and direct supervision of the person's parent or legal guardian. However, the bill also would specify that' a court, upon a finding of good cause, may, in lieu of this requirement, order the parent or legal guardian to pay a fine of up to $1,000 < D] [A > provide, in addition, that for each conviction of a _person for a violation of the above graffiti provisions, committed while the person was 13 years of age or older, the court may provide for the suspension or delay of driving privileges pursuant to these provisions. <Al [A > Because this bill would increase the duties of the probation department,' it would impose a state-mandated local program. < A] · [A > Th~ 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. < A] [A > This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund <A] . Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: [D > no < D] [A > yes <A] . The people of the State of California do enact as follows: SECTION .1. Section 640.5 of the Penal Code is amended to read: 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 infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 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) (1) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), at the victim's option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person, but shall noi order the person to pay for any related costs incurred by the cleanup, repair, or replacement of the property. (2) If :~'minor is personally unable to pay any fine levied for violating subdivision (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) Whenever a minor is found to have violated subdivision (a) and when a motor vehicle was used to commit the offense, the court may do any of the following: <DJ [D> (1) If the minor has not been issued a California driver's license or temporary permit by the Department of Motor Vehicles, the court may forward to the Department of Motor Vehicles a report of the finding that the minor has violated subdivision (a) and specifying that the minor shall be ineligible for issuance of a license or permit until he or she has reached the age of 18 years. < D] [D> (2) If the minor has a California driver's license or temporary permit issued by the Department of Motor Vehicles, the court in which the finding is had may require the surrender of that person's driver's license or temporary permit. If the court requires the surrender of that person's driver's license or temporary permit, the court shall forward the license or permit with a report of the finding that the minor has violated subdivision (a) to the Department of Motor Vehicles. Upon receiving a report of the finding, the department shall revoke the driver's license or permit and the minor shall be ineligible for reissuance of a license or permit until he or she has reached the age of 18 years. < D] [D > (3) This subdivision shall apply whether or not the minor was the driver of the motor vehicle during the commission of the offense specified in subdivision (a). <DJ [D > (d) <DJ [A > (c) < A] Any fine levied for a violation of subdivision (a) shall be credited by the county treasurer pursuant to Section 1463.29 to the governmental ~entity having jurisdiction over, or 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) of an unemancipated person under the age of 18 years [D> shall <DJ [A > may < A] be performed in the presence, and under the direct supervision, of the person's parent or [D > legal guardian. A court, upon a finding of good cause, may, in lieu of this requirement, order the parent or legal.guardian to pay a fine not exceeding one thousand dollars ($1,000). < D] 'ID> (e) ~:D] [A> legal guardian. <Al [A> (d) <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. SEC. 2. Section 640.6 of the Penal Code is amended to read: 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. Co) (1) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), may 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. (2) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), at the victim's option, may 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. (c) If a minor is personally unable to pay any fine levied for violating subdivision (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 muse. Any community service which is required pursuant to subdivision of an unemancipated person under the age of 18 years [D> shall <D] [A > may < A] be performed in the presence, and under the direct supervision, of the person's parent [D> or legal guardian. <DJ [D > A court, upon a finding of good cause, may, in lieu of this requirement, order the parent or legal guardian to pay a fine of up to one thousand dollars ($1,000). <DJ [D> (d) Whenever a minor is found to have violated subdivision (a) and when a motor vehicle was used to commit the offense, the court may do any of the following: <DJ [D > (1) If the minor has not been issued a California driver's license or temporary permit by the Department of Motor Vehicles, the court may forward to the Department of Motor Vehicles a report of the finding that the minor has violated subdivision (a) and specifying that the minor shall be ineligible for issuance of a license or permit until he or she has reached the age of 18 years. < D] [D > (2) If the minor has a California driver's license or temporary permit issued by the Department of Motor Vehicles, the court in which the finding is had may require the surrender of that person's driver's license or temporary permit. If the court requires the surrender of that person's driver's license or temporary permit, the court shall forward the license or permit with a report of the finding that the minor has violated subdivision (a) to the Department of Motor Vehicles. Upon receiving a report of the finding, the depaztment shall revoke the driver's license or permit and the minor shall be ineligible for reissuance of a license or permit until he or she has reached the age of 18 years. ~ D] [D > (3) This subdivision shall apply whether or not the minor was the driver of the motor vehicle during the commission of the offense specified in subdivision (a). < D] [D > (e) < D] [A > or legal guardian. < A] [A> (d) <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; 3. 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 ttie privilege to drive, the court may order .the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally ~ligible to drive. However, if there is no hrther 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 privileg_e is suspended or delayed for an act involving vandalism in violation of Section 594 [A > , 640.5, or 640.6 <A] 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 de?artment. The period of suspension or delay ordered under paragraph (I) shall be reduced at the rate of one day for each hour of communi:y [D > servce < D] [A > service < A] performed. For purposes of this paragrapS. "community service" means cleaning up graffiti from any public propeR),, including public transit vehicles. (3) As used in this section, the term "conviction" includes the findings in juvenile proceedings specified in Section 13105. Co) (11 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 > , and to any violation of Section 640.5 or 640.6 of the Penal Code <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). [A> SEC. 4. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. 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. < A]