Today's Law As Amended


Add To My Favorites | print page

AB-1392 Vandalism: Graffiti and Gang Technology Fund.(2009-2010)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) There is a present, vital, and growing need to develop innovative strategies and technological services to effectively reduce the trauma of graffiti and gang violence. A Graffiti and Gang Technology Fund is needed to safeguard the fiscal integrity of cities, counties, cities and counties, and the state.
(b) The Legislature declared criminal street gangs to be a clear and present danger and menace to public order and safety in enacting the Street Terrorism Enforcement and Prevention Act (Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 of the Penal Code).
(c) There is a strong and growing trend of graffiti vandals becoming more dangerous and developing into criminal street gangs.
(d) Graffiti vandalism is a costly and pervasive problem affecting all residents, property owners, businesses, and public agencies across the state.
(e) The California Research Bureau estimates that the statewide cost of graffiti abatement is potentially upwards of $350 million annually, the majority of which is borne by local governments. The overwhelming amount of graffiti vandalism and gang-related criminal activity far outweighs the resources available to law enforcement for the identification and apprehension of these offenders.
(f) Law enforcement resources are maximized through technological advances and the use of shared databases. Cities and counties that are utilizing graffiti databases, such as the Cities of Pico Rivera and San Jose, and Orange County, are making quantum leaps in the identification, apprehension, and intervention of graffiti vandals. The use of the most advanced technology is clearly the most cost-effective and responsible approach available. New technologies make it possible to hold vandals accountable for all the vandalism they have done by allowing for the retention of information related to past vandalism.
(g) Graffiti vandalism appears to be a gateway crime for truancy, trespass, and more dangerous crimes, including those involving gang activity. Involvement in gangs can be deadly. It is paramount to intervene with youth as soon as possible if they have begun to be involved with this type of criminal activity. The use of the most advanced technology will help law enforcement identify youth involvement in criminal activity. Early intervention may prevent further negative consequences for young vandals, their families, and communities, as has been the case in the City of Pico Rivera.
(h) It is the intent of the Legislature to maximize scarce law enforcement resources with the utilization of graffiti databases, shared intelligence databases, and new innovative technologies. The Legislature finds that prudent stewardship and clear necessity mandates the establishment of the Graffiti and Gang Technology Fund for law enforcement.
(i) It is the intent of the Legislature to impose fines on offenders for deposit into the Graffiti and Gang Technology Fund to support the procurement of new technology to help eradicate the damage committed by those offenders. Increased fines for gang-related graffiti are warranted because of the huge intimidation factor imposed on the community.

SEC. 2.

 Section 640.9 is added to the Penal Code, to read:

640.9.
 (a) It is the intent of the Legislature in enacting this section to safeguard the fiscal integrity of cities, counties, cities and counties, and the state by providing the technology needed to maximize law enforcement resources through the establishment of a Graffiti and Gang Technology Fund.
(b) For purposes of this section, “gang-related” means that the person was an active participant in a criminal street gang, as specified in subdivision (a) of Section 186.22, or committed an offense for the benefit of, or at the direction of, a criminal street gang, as specified in subdivision (b) or (d) of Section 186.22.
(c) Any person who violates Section 594, 594.2, 594.3, 594.4, 640.5, 640.6, or 640.7 shall, in addition to any other punishment, pay a fine in either of the following amounts, to be deposited in the Graffiti and Gang Technology Fund:
(1) One hundred fifty dollars ($150).
(2) Three hundred dollars ($300), if the person is also determined to have committed a gang-related offense.
(d) The court shall order a minor or the minor’s estate to pay a fine imposed pursuant to subdivision (c) to the extent the court determines that the minor and the minor’s estate have the ability to do so.
(e) Notwithstanding Section 13340 of the Government Code, there is hereby created in the State Treasury the Graffiti and Gang Technology Fund, which is hereby appropriated to the Department of Justice, without regard to fiscal years, exclusively for the direct or indirect costs of technological advancements for law enforcement in the identification and apprehension of vandals and gang members.
(1) The fund shall consist of fines received pursuant to subdivision (c), grants, gifts, and donations or bequests from private sources. The CalGang Executive Board shall distribute the funds based on the recommendations of the California Gang Node Advisory Committee and the California Graffiti Advisory Committee. At least 30 percent of the funds shall be distributed for graffiti-related purposes, at least 30 percent of the funds for gang-related purposes, any funds remaining shall be utilized for law enforcement’s greater need of technology as determined by the CalGang Executive Board. The department may use up to 4 percent of those remaining funds for administrative costs, as determined by the CalGang Executive Board.
(2) The department shall maintain annual fiscal reports on the Graffiti and Gang Technology Fund in a form consistent with the generally accepted accounting principles.
(3) The department shall prepare an annual report for submission to the CalGang Executive Board. The report shall be made available to the public upon request and shall include all of the following:
(A) The total amount of money deposited into the fund.
(B) The amount of money expended from the fund.
(C) The amount of money remaining in the fund.
(4) Notwithstanding paragraph (1), the department may carry over funds deposited in the Graffiti and Gang Technology Fund until the time that funds are needed. The CalGang Executive Board may request funds be saved for a specific need. Records of these funds shall be available for public review upon request.
SEC. 3.
 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.