Vandalism: gang-related graffiti.

Existing law, amended by Proposition 21, an initiative measure enacted by voters at the March 7, 2000, statewide primary election, and requiring a 23 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 requires the court, when appropriate and feasible, 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 provide that if the defacement, damage, or destruction is determined by the finder of fact to further criminal gang activity, the act of vandalism is punishable by imprisonment in a state prison or in the county jail not exceeding one year, or by a fine of not more than $10,000, or by both that fine and imprisonment. The bill would also authorize a court to grant probation and, as a condition of probation, order the defendant to participate in a local intervention program and also order gang terms. 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.