State Codes and Statutes

Statutes > California > Wic > 742.10-742.22

WELFARE AND INSTITUTIONS CODE
SECTION 742.10-742.22



742.10.  It is the intent of the Legislature in enacting this
article to accomplish the following purposes:
   (a) To assist public and private owners and possessors of property
defaced by minors with graffiti or other inscribed material to
recover their full damages.
   (b) To safeguard the fiscal integrity of cities and counties that
expend public funds to remove graffiti and other material inscribed
by minors from public or private property, or to repair or replace
public or private property defaced by minors with graffiti or other
inscribed material, by enabling those cities and counties to recoup
the full costs of that removal, repair, and replacement.
   (c) To safeguard the fiscal integrity of cities and counties by
enabling them to recoup the law enforcement costs of identifying and
apprehending minors who deface the property of others with graffiti
or other inscribed material.
   (d) To minimize the costs of collecting those costs and damages.
   (e) To discourage the inscription of graffiti and other material
by minors by requiring the offending minors, and their parents who
have the financial ability to do so, to bear the costs associated
with the unlawful defacement of property with graffiti or other
inscribed material.
   (f) To retain in the juvenile court the discretion needed to
accomplish the goal of rehabilitating minors.




742.12.  (a) As used in this article, the term "graffiti or other
inscribed material" includes any unauthorized inscription, word,
figure, mark, or design that is written, marked, etched, scratched,
drawn, or painted on real or personal property.
   (b) As used in subdivision (d) of Section 742.16, the word
"custody" means either legal custody or physical custody of a minor.



742.14.  (a) A city, county, or city and county may elect, by
ordinance, to have the probation officer of the county recoup for it,
through juvenile court proceedings in accordance with Section
742.16, its costs associated with defacement by minors of its
property and the property of others by graffiti or other inscribed
material. That ordinance shall include the cost finding or findings
specified in subdivision (b), and if the city, county, or city and
county enacts an ordinance pursuant to Section 53069.3 of the
Government Code, the cost findings specified in subdivision (c).
These cost findings shall be reviewed at least once every three
years, at which time the city, county, or city and county, by
resolution, shall adopt updated cost findings in accordance with
subdivisions (b) and (c). A city, county, or city and county may
rescind, by ordinance, its election to have the probation officer
recoup its costs pursuant to this section. Immediately after
adoption, the city or county shall cause a certified copy of an
ordinance adopted pursuant to this subdivision and any resolution
containing updated cost findings to be forwarded to the clerk of the
juvenile court in the county and to the probation officer of the
county.
   (b) A city, county, or city and county that adopts an ordinance
pursuant to subdivision (a) shall include therein a finding or
findings, to be reviewed at least once every three years, of the
average costs per unit of measure incurred by the law enforcement
agency with primary jurisdiction in the city, county, or city and
county in identifying and apprehending a person subsequently
convicted of violation of Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7 of the Penal Code or a minor subsequently found to be a person
described in Section 602 by reason of the commission of an act
prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of
the Penal Code. A city, county, or city and county that does not
adopt an ordinance pursuant to subdivision (a) may adopt an ordinance
containing the cost finding or findings described in this
subdivision. Findings of costs per unit of measure may include, but
are not limited to, findings of the hourly costs of employee time and
of the costs per mile of operating patrol vehicles.
   (c) If a city, county, or city and county enacts an ordinance
pursuant to Section 53069.3 of the Government Code and enacts an
ordinance pursuant to subdivision (a), the ordinance enacted pursuant
to subdivision (a) shall contain findings, to be reviewed at least
once every three years, of the average cost to the city, county, or
city and county per unit of measure of removing graffiti and other
inscribed material, and of repairing and replacing property of the
types frequently defaced with graffiti or other inscribed material
that cannot be removed cost effectively. A city, county, or city and
county that does not adopt an ordinance pursuant to subdivision (a)
may adopt an ordinance containing the cost findings described in this
subdivision. Findings of costs per unit of measure may include, but
are not limited to, findings of the costs per square inch of removing
painted graffiti or of the costs per item of replacing items that
have been etched.
   (d) A school district, district, or other local public agency may
elect, by formal action of its governing body, to have the probation
officer of the county recoup for it, through juvenile court
proceedings in accordance with Section 742.16, its costs associated
with the defacement by minors of property it owns or possesses by
graffiti or other inscribed material. Upon election, the school
district, district, or other local public agency shall make the cost
findings described in subdivision (c). These cost findings shall be
reviewed at least once every three years, at which time the school
district, district, or other local public agency, by formal action of
its governing body, shall adopt updated cost findings in accordance
with subdivision (c). A school district, district, or other local
public agency may rescind, by resolution, its election to have the
probation officer recoup its costs pursuant to this section.
Immediately after making the election described in this subdivision
and adopting initial or updated cost findings, and immediately after
rescinding said election, the school district, district, or other
local public agency shall cause a certified copy of a document
memorializing the election, rescission, or cost findings to be
forwarded to the clerk of the juvenile court in the county and to the
probation officer of the county. A school district, district, or
other local public agency that does not elect to have the probation
officer of the county recoup its costs pursuant to Section 742.16 may
adopt the cost findings described in this subdivision.
   (e) A city, county, or city and county that has elected to have
the probation officer of the county recoup its costs pursuant to
Section 742.16 shall transmit to the probation officer, forthwith,
data about its expenditure of resources in identifying and
apprehending any minor about whom a petition is filed alleging that
the minor is a person described by Section 602 by reason of the
commission of an act prohibited by Section 594, 594.3, 594.4, 640.5,
640.6, or 640.7 of the Penal Code. That data shall be sufficient to
enable the probation officer and the juvenile court to calculate the
costs to the city, county, or city and county in identifying and
apprehending the minor.
   (f) A city, county, or other public agency that has elected to
have the probation officer of the county recoup its costs pursuant to
Section 742.16 and that has made cost findings pursuant to
subdivisions (c) or (d) shall transmit to the probation officer,
forthwith, data about its expenditure of resources to remove graffiti
or other material inscribed by, or to repair or replace property
defaced by, any minor about whom a petition is filed alleging that
the minor is a person described by Section 602 by reason of the
commission of an act prohibited by Section 594, 594.3, 594.4, 640.5,
640.6, or 640.7 of the Penal Code. That data shall be sufficient to
enable the probation officer and the juvenile court to calculate the
costs to the city, county, or other local agency for that removal,
repair, or replacement.
   (g) The probation officer of a county may establish procedures for
collecting the data described in subdivision (e) and (f). These
procedures may include a provision that the juvenile court may not
award and the probation officer may refuse to collect costs described
in this section unless the data required to be provided to the
probation officer pursuant to subdivisions (e) and (f) is provided to
him or her within a time certain after he or she makes a demand
therefor.



742.16.  (a) If a minor is found to be a person described in Section
602 by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the
court does not remove the minor from the physical custody of the
parent or guardian, the court as a condition of probation, except in
any case in which the court makes a finding and states on the record
its reasons why that condition would be inappropriate, shall require
the minor to wash, paint, repair, or replace the property defaced,
damaged, or destroyed by the minor or otherwise pay restitution to
the probation officer of the county for disbursement to the owner or
possessor of the property or both. In any case in which the minor is
not granted probation or in which the minor's cleanup, repair, or
replacement of the property will not return the property to its
condition before it was defaced, damaged, or destroyed, the court
shall make a finding of the amount of restitution that would be
required to fully compensate the owner and possessor of the property
for their damages. The court shall order the minor or the minor's
estate to pay that restitution to the probation officer of the county
for disbursement to the owner or possessor of the property or both,
to the extent the court determines that the minor or the minor's
estate have the ability to do so, except in any case in which the
court makes a finding and states on the record its reasons why full
restitution would be inappropriate. If full restitution is found to
be inappropriate, the court shall require the minor to perform
specified community service, except in any case in which the court
makes a finding and states on the record its reasons why that
condition would be inappropriate.
   (b) If a minor is found to be a person described in Section 602 by
reason of the commission of an act prohibited by Section 594, 594.3,
594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or
other material inscribed by the minor has been removed, or the
property defaced by the minor has been repaired or replaced by a
public entity that has elected, pursuant to Section 742.14, to have
the probation officer of the county recoup its costs through
proceedings in accordance with this section and has made cost
findings in accordance with subdivisions (c) or (d) of Section
742.14, the court shall determine the total cost incurred by the
public entity for said removal, repair, or replacement, using, if
applicable, the cost findings most recently adopted by the public
entity pursuant to subdivision (c) or (d) of Section 742.14. The
court shall order the minor or the minor's estate to pay those costs
to the probation officer of the county to the extent the court
determines that the minor or the minor's estate have the ability to
do so.
   (c) If the minor is found to be a person described in Section 602
by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor
was identified or apprehended by the law enforcement agency of a
city or county that has elected, pursuant to Section 742.14, to have
the probation officer of the county recoup its costs through
proceedings in accordance with this section, the court shall
determine the cost of identifying or apprehending the minor, or both,
using, if applicable, the cost findings adopted by the city or
county pursuant to subdivision (b) of Section 742.14. The court shall
order the minor or the minor's estate to pay those costs to the
probation officer of the county to the extent the court determines
that the minor or the minor's estate has the ability to do so.
   (d) If the court determines that the minor or the minor's estate
is unable to pay in full the costs and damages determined pursuant to
subdivisions (a), (b), and (c), and if the minor's parent or parents
have been cited into court pursuant to Section 742.18, the court
shall hold a hearing to determine the liability of the minor's parent
or parents pursuant to Section 1714.1 of the Civil Code for those
costs and damages. Except when the court makes a finding setting
forth unusual circumstances in which parental liability would not
serve the interests of justice, the court shall order the minor's
parent or parents to pay those costs and damages to the probation
officer of the county to the extent the court determines that the
parent or parents have the ability to pay, if the minor was in the
custody or control of the parent or parents at the time he or she
committed the act that forms the basis for the finding that the minor
is a person described in Section 602. In evaluating the parent's or
parents' ability to pay, the court shall take into consideration the
family income, the necessary obligations of the family, and the
number of persons dependent upon this income.
   (e) The hearing described in subdivision (d) may be held
immediately following the disposition hearing or at a later date, at
the option of the court.
   (f) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) is five thousand dollars
($5,000) or less, the parent or parents may not be represented by
counsel and the probation officer of the county shall be represented
by his or her nonattorney designee. The court shall conduct that
hearing in accordance with Sections 116.510 and 116.520 of the Code
of Civil Procedure. Notwithstanding the foregoing, if the court
determines that a parent cannot properly present his or her defense,
the court may, in its discretion, allow another individual to assist
that parent. In addition, a husband or wife may appear and
participate in the hearing on behalf of his or her spouse if the
representative's spouse has given his or her consent and the court
determines that the interest of justice would be served thereby.
   (g) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) exceeds five thousand dollars
($5,000), the parent or parents may be represented by counsel of his
or her or their own choosing, and the probation officer of the
county shall be represented by the district attorney or an attorney
or nonattorney designee of the probation officer. The parent or
parents shall not be entitled to court-appointed counsel or to
counsel compensated at public expense.
   (h) At the hearing conducted pursuant to subdivision (d), there
shall be a presumption affecting the burden of proof that the
findings of the court made pursuant to subdivisions (a), (b), and (c)
represent the actual damages and costs attributable to the act of
the minor that forms the basis of the finding that the minor is a
person described in Section 602.
   (i) If the parent or parents, after having been cited to appear
pursuant to Section 742.18, fail to appear as ordered, the court
shall order the parent or parents to pay the full amount of the costs
and damages determined by the court pursuant to subdivisions (a),
(b), and (c).
   (j) Execution may be issued on an order issued by the court
pursuant to this section in the same manner as on a judgment in a
civil action, including any balance unpaid at the termination of the
court's jurisdiction over the minor.
   (k) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the showing of a change in circumstances relating to his
or her ability to pay the judgment.
   (l) For purposes of a hearing conducted pursuant to subdivision
(d), the judge of the juvenile court shall have the jurisdiction of a
judge of the superior court in a limited civil case, and if the
amount of the demand is within the jurisdictional limits stated in
Sections 116.220 and 116.221 of the Code of Civil Procedure, the
judge of the juvenile court shall have the powers of a judge
presiding over the small claims court.
   (m) Nothing in this section shall be construed to limit the
authority of a juvenile court to provide conditions of probation.
   (n) The options available to the court pursuant to subdivisions
(a), (b), (c), (d), and (k), to order payment by the minor and his or
her parent or parents of less than the full costs described in
subdivisions (a), (b), and (c), on grounds of financial inability or
for reasons of justice, shall not be available to a superior court in
an ordinary civil proceeding pursuant to subdivision (b) of Section
1714.1 of the Civil Code, except that in any proceeding pursuant to
either subdivision (b) of Section 1714.1 of the Civil Code or this
section, the maximum amount that a parent or a minor may be ordered
to pay shall not exceed twenty thousand dollars ($20,000) for each
tort of the minor.



742.18.  (a) If the petition alleges that the minor is the person
described by Section 602 by reason of the commission of an act
prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of
the Penal Code, and the petition is sustained, the court, in addition
to the notice provided in Sections 658 and 659, shall issue a
citation to the minor's parent or legal guardian, ordering them to
appear in the court at the time and date stated for a hearing
pursuant to subdivision (d) of Section 742.16.
   (b) The citation shall notify the parent or legal guardian that at
the hearing, he, she, or they may be ordered to pay restitution
sufficient to fully compensate the owner and possessor of the
property defaced by the minor for the damage caused by that
defacement, the law enforcement costs of identifying and apprehending
the minor, if applicable, and the costs incurred by a public entity
to remove graffiti or other material inscribed by the minor, or to
repair or replace the property defaced by the minor, if applicable.
The citation shall set forth the provisions of Section 742.16 and
shall advise the parent or parents that he, she, or they may be
ordered to pay an amount not exceeding twenty thousand dollars
($20,000) for the above-referenced damages and costs. The citation
shall contain a warning to the parent or parents that if he, she, or
they fail to appear at the time and date stated, the court will order
him, her, or them to pay in full the costs and damages caused by the
act of the minor.
   (c) Service of the citation shall be made on all parents or legal
guardians of the minor whose names and addresses are known to the
petitioner.
   (d) Service of the citation shall be made at least 10 days prior
to the time and date stated therein for appearance, in the manner
provided by law for the service of a summons in a civil action, other
than by publication.



742.20.  Any moneys collected by the probation officer of the county
pursuant to an order rendered pursuant to Section 742.16 shall be
distributed by the county to the following persons and entities in
the following priority:
   (a) Restitution to the owner and possessor of the property defaced
by the minor, in the amount determined by the court.
   (b) After the restitution described in subdivision (a) has been
paid in full, or if restitution was not ordered, the costs of
removing graffiti or other material inscribed by the minor and of
repairing or replacing property defaced by the minor, to the city,
county, or other local public agency that incurred those costs,
except that the county may deduct and retain 15 percent of the amount
collected for the removal, repair, or replacement costs, or an
amount equivalent to its actual costs of collection, whichever is
less.
   (c) After the costs and damages described in subdivisions (a) and
(b) have been paid in full, or if there are no costs or damages, the
law enforcement costs of identifying and apprehending the minor, to
the city or county that incurred those costs, except that the county
may deduct and retain 15 percent of the amount collected for those
law enforcement costs, or an amount equivalent to its actual costs of
collection, whichever is less.



742.22.  If any provision or clause of this article or the
application thereof to any person or circumstances is held invalid,
the invalidity shall not affect other provisions or applications of
this article which can be given effect without the invalid provision
or application, and to this end the provisions of this article are
severable.


State Codes and Statutes

Statutes > California > Wic > 742.10-742.22

WELFARE AND INSTITUTIONS CODE
SECTION 742.10-742.22



742.10.  It is the intent of the Legislature in enacting this
article to accomplish the following purposes:
   (a) To assist public and private owners and possessors of property
defaced by minors with graffiti or other inscribed material to
recover their full damages.
   (b) To safeguard the fiscal integrity of cities and counties that
expend public funds to remove graffiti and other material inscribed
by minors from public or private property, or to repair or replace
public or private property defaced by minors with graffiti or other
inscribed material, by enabling those cities and counties to recoup
the full costs of that removal, repair, and replacement.
   (c) To safeguard the fiscal integrity of cities and counties by
enabling them to recoup the law enforcement costs of identifying and
apprehending minors who deface the property of others with graffiti
or other inscribed material.
   (d) To minimize the costs of collecting those costs and damages.
   (e) To discourage the inscription of graffiti and other material
by minors by requiring the offending minors, and their parents who
have the financial ability to do so, to bear the costs associated
with the unlawful defacement of property with graffiti or other
inscribed material.
   (f) To retain in the juvenile court the discretion needed to
accomplish the goal of rehabilitating minors.




742.12.  (a) As used in this article, the term "graffiti or other
inscribed material" includes any unauthorized inscription, word,
figure, mark, or design that is written, marked, etched, scratched,
drawn, or painted on real or personal property.
   (b) As used in subdivision (d) of Section 742.16, the word
"custody" means either legal custody or physical custody of a minor.



742.14.  (a) A city, county, or city and county may elect, by
ordinance, to have the probation officer of the county recoup for it,
through juvenile court proceedings in accordance with Section
742.16, its costs associated with defacement by minors of its
property and the property of others by graffiti or other inscribed
material. That ordinance shall include the cost finding or findings
specified in subdivision (b), and if the city, county, or city and
county enacts an ordinance pursuant to Section 53069.3 of the
Government Code, the cost findings specified in subdivision (c).
These cost findings shall be reviewed at least once every three
years, at which time the city, county, or city and county, by
resolution, shall adopt updated cost findings in accordance with
subdivisions (b) and (c). A city, county, or city and county may
rescind, by ordinance, its election to have the probation officer
recoup its costs pursuant to this section. Immediately after
adoption, the city or county shall cause a certified copy of an
ordinance adopted pursuant to this subdivision and any resolution
containing updated cost findings to be forwarded to the clerk of the
juvenile court in the county and to the probation officer of the
county.
   (b) A city, county, or city and county that adopts an ordinance
pursuant to subdivision (a) shall include therein a finding or
findings, to be reviewed at least once every three years, of the
average costs per unit of measure incurred by the law enforcement
agency with primary jurisdiction in the city, county, or city and
county in identifying and apprehending a person subsequently
convicted of violation of Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7 of the Penal Code or a minor subsequently found to be a person
described in Section 602 by reason of the commission of an act
prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of
the Penal Code. A city, county, or city and county that does not
adopt an ordinance pursuant to subdivision (a) may adopt an ordinance
containing the cost finding or findings described in this
subdivision. Findings of costs per unit of measure may include, but
are not limited to, findings of the hourly costs of employee time and
of the costs per mile of operating patrol vehicles.
   (c) If a city, county, or city and county enacts an ordinance
pursuant to Section 53069.3 of the Government Code and enacts an
ordinance pursuant to subdivision (a), the ordinance enacted pursuant
to subdivision (a) shall contain findings, to be reviewed at least
once every three years, of the average cost to the city, county, or
city and county per unit of measure of removing graffiti and other
inscribed material, and of repairing and replacing property of the
types frequently defaced with graffiti or other inscribed material
that cannot be removed cost effectively. A city, county, or city and
county that does not adopt an ordinance pursuant to subdivision (a)
may adopt an ordinance containing the cost findings described in this
subdivision. Findings of costs per unit of measure may include, but
are not limited to, findings of the costs per square inch of removing
painted graffiti or of the costs per item of replacing items that
have been etched.
   (d) A school district, district, or other local public agency may
elect, by formal action of its governing body, to have the probation
officer of the county recoup for it, through juvenile court
proceedings in accordance with Section 742.16, its costs associated
with the defacement by minors of property it owns or possesses by
graffiti or other inscribed material. Upon election, the school
district, district, or other local public agency shall make the cost
findings described in subdivision (c). These cost findings shall be
reviewed at least once every three years, at which time the school
district, district, or other local public agency, by formal action of
its governing body, shall adopt updated cost findings in accordance
with subdivision (c). A school district, district, or other local
public agency may rescind, by resolution, its election to have the
probation officer recoup its costs pursuant to this section.
Immediately after making the election described in this subdivision
and adopting initial or updated cost findings, and immediately after
rescinding said election, the school district, district, or other
local public agency shall cause a certified copy of a document
memorializing the election, rescission, or cost findings to be
forwarded to the clerk of the juvenile court in the county and to the
probation officer of the county. A school district, district, or
other local public agency that does not elect to have the probation
officer of the county recoup its costs pursuant to Section 742.16 may
adopt the cost findings described in this subdivision.
   (e) A city, county, or city and county that has elected to have
the probation officer of the county recoup its costs pursuant to
Section 742.16 shall transmit to the probation officer, forthwith,
data about its expenditure of resources in identifying and
apprehending any minor about whom a petition is filed alleging that
the minor is a person described by Section 602 by reason of the
commission of an act prohibited by Section 594, 594.3, 594.4, 640.5,
640.6, or 640.7 of the Penal Code. That data shall be sufficient to
enable the probation officer and the juvenile court to calculate the
costs to the city, county, or city and county in identifying and
apprehending the minor.
   (f) A city, county, or other public agency that has elected to
have the probation officer of the county recoup its costs pursuant to
Section 742.16 and that has made cost findings pursuant to
subdivisions (c) or (d) shall transmit to the probation officer,
forthwith, data about its expenditure of resources to remove graffiti
or other material inscribed by, or to repair or replace property
defaced by, any minor about whom a petition is filed alleging that
the minor is a person described by Section 602 by reason of the
commission of an act prohibited by Section 594, 594.3, 594.4, 640.5,
640.6, or 640.7 of the Penal Code. That data shall be sufficient to
enable the probation officer and the juvenile court to calculate the
costs to the city, county, or other local agency for that removal,
repair, or replacement.
   (g) The probation officer of a county may establish procedures for
collecting the data described in subdivision (e) and (f). These
procedures may include a provision that the juvenile court may not
award and the probation officer may refuse to collect costs described
in this section unless the data required to be provided to the
probation officer pursuant to subdivisions (e) and (f) is provided to
him or her within a time certain after he or she makes a demand
therefor.



742.16.  (a) If a minor is found to be a person described in Section
602 by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the
court does not remove the minor from the physical custody of the
parent or guardian, the court as a condition of probation, except in
any case in which the court makes a finding and states on the record
its reasons why that condition would be inappropriate, shall require
the minor to wash, paint, repair, or replace the property defaced,
damaged, or destroyed by the minor or otherwise pay restitution to
the probation officer of the county for disbursement to the owner or
possessor of the property or both. In any case in which the minor is
not granted probation or in which the minor's cleanup, repair, or
replacement of the property will not return the property to its
condition before it was defaced, damaged, or destroyed, the court
shall make a finding of the amount of restitution that would be
required to fully compensate the owner and possessor of the property
for their damages. The court shall order the minor or the minor's
estate to pay that restitution to the probation officer of the county
for disbursement to the owner or possessor of the property or both,
to the extent the court determines that the minor or the minor's
estate have the ability to do so, except in any case in which the
court makes a finding and states on the record its reasons why full
restitution would be inappropriate. If full restitution is found to
be inappropriate, the court shall require the minor to perform
specified community service, except in any case in which the court
makes a finding and states on the record its reasons why that
condition would be inappropriate.
   (b) If a minor is found to be a person described in Section 602 by
reason of the commission of an act prohibited by Section 594, 594.3,
594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or
other material inscribed by the minor has been removed, or the
property defaced by the minor has been repaired or replaced by a
public entity that has elected, pursuant to Section 742.14, to have
the probation officer of the county recoup its costs through
proceedings in accordance with this section and has made cost
findings in accordance with subdivisions (c) or (d) of Section
742.14, the court shall determine the total cost incurred by the
public entity for said removal, repair, or replacement, using, if
applicable, the cost findings most recently adopted by the public
entity pursuant to subdivision (c) or (d) of Section 742.14. The
court shall order the minor or the minor's estate to pay those costs
to the probation officer of the county to the extent the court
determines that the minor or the minor's estate have the ability to
do so.
   (c) If the minor is found to be a person described in Section 602
by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor
was identified or apprehended by the law enforcement agency of a
city or county that has elected, pursuant to Section 742.14, to have
the probation officer of the county recoup its costs through
proceedings in accordance with this section, the court shall
determine the cost of identifying or apprehending the minor, or both,
using, if applicable, the cost findings adopted by the city or
county pursuant to subdivision (b) of Section 742.14. The court shall
order the minor or the minor's estate to pay those costs to the
probation officer of the county to the extent the court determines
that the minor or the minor's estate has the ability to do so.
   (d) If the court determines that the minor or the minor's estate
is unable to pay in full the costs and damages determined pursuant to
subdivisions (a), (b), and (c), and if the minor's parent or parents
have been cited into court pursuant to Section 742.18, the court
shall hold a hearing to determine the liability of the minor's parent
or parents pursuant to Section 1714.1 of the Civil Code for those
costs and damages. Except when the court makes a finding setting
forth unusual circumstances in which parental liability would not
serve the interests of justice, the court shall order the minor's
parent or parents to pay those costs and damages to the probation
officer of the county to the extent the court determines that the
parent or parents have the ability to pay, if the minor was in the
custody or control of the parent or parents at the time he or she
committed the act that forms the basis for the finding that the minor
is a person described in Section 602. In evaluating the parent's or
parents' ability to pay, the court shall take into consideration the
family income, the necessary obligations of the family, and the
number of persons dependent upon this income.
   (e) The hearing described in subdivision (d) may be held
immediately following the disposition hearing or at a later date, at
the option of the court.
   (f) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) is five thousand dollars
($5,000) or less, the parent or parents may not be represented by
counsel and the probation officer of the county shall be represented
by his or her nonattorney designee. The court shall conduct that
hearing in accordance with Sections 116.510 and 116.520 of the Code
of Civil Procedure. Notwithstanding the foregoing, if the court
determines that a parent cannot properly present his or her defense,
the court may, in its discretion, allow another individual to assist
that parent. In addition, a husband or wife may appear and
participate in the hearing on behalf of his or her spouse if the
representative's spouse has given his or her consent and the court
determines that the interest of justice would be served thereby.
   (g) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) exceeds five thousand dollars
($5,000), the parent or parents may be represented by counsel of his
or her or their own choosing, and the probation officer of the
county shall be represented by the district attorney or an attorney
or nonattorney designee of the probation officer. The parent or
parents shall not be entitled to court-appointed counsel or to
counsel compensated at public expense.
   (h) At the hearing conducted pursuant to subdivision (d), there
shall be a presumption affecting the burden of proof that the
findings of the court made pursuant to subdivisions (a), (b), and (c)
represent the actual damages and costs attributable to the act of
the minor that forms the basis of the finding that the minor is a
person described in Section 602.
   (i) If the parent or parents, after having been cited to appear
pursuant to Section 742.18, fail to appear as ordered, the court
shall order the parent or parents to pay the full amount of the costs
and damages determined by the court pursuant to subdivisions (a),
(b), and (c).
   (j) Execution may be issued on an order issued by the court
pursuant to this section in the same manner as on a judgment in a
civil action, including any balance unpaid at the termination of the
court's jurisdiction over the minor.
   (k) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the showing of a change in circumstances relating to his
or her ability to pay the judgment.
   (l) For purposes of a hearing conducted pursuant to subdivision
(d), the judge of the juvenile court shall have the jurisdiction of a
judge of the superior court in a limited civil case, and if the
amount of the demand is within the jurisdictional limits stated in
Sections 116.220 and 116.221 of the Code of Civil Procedure, the
judge of the juvenile court shall have the powers of a judge
presiding over the small claims court.
   (m) Nothing in this section shall be construed to limit the
authority of a juvenile court to provide conditions of probation.
   (n) The options available to the court pursuant to subdivisions
(a), (b), (c), (d), and (k), to order payment by the minor and his or
her parent or parents of less than the full costs described in
subdivisions (a), (b), and (c), on grounds of financial inability or
for reasons of justice, shall not be available to a superior court in
an ordinary civil proceeding pursuant to subdivision (b) of Section
1714.1 of the Civil Code, except that in any proceeding pursuant to
either subdivision (b) of Section 1714.1 of the Civil Code or this
section, the maximum amount that a parent or a minor may be ordered
to pay shall not exceed twenty thousand dollars ($20,000) for each
tort of the minor.



742.18.  (a) If the petition alleges that the minor is the person
described by Section 602 by reason of the commission of an act
prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of
the Penal Code, and the petition is sustained, the court, in addition
to the notice provided in Sections 658 and 659, shall issue a
citation to the minor's parent or legal guardian, ordering them to
appear in the court at the time and date stated for a hearing
pursuant to subdivision (d) of Section 742.16.
   (b) The citation shall notify the parent or legal guardian that at
the hearing, he, she, or they may be ordered to pay restitution
sufficient to fully compensate the owner and possessor of the
property defaced by the minor for the damage caused by that
defacement, the law enforcement costs of identifying and apprehending
the minor, if applicable, and the costs incurred by a public entity
to remove graffiti or other material inscribed by the minor, or to
repair or replace the property defaced by the minor, if applicable.
The citation shall set forth the provisions of Section 742.16 and
shall advise the parent or parents that he, she, or they may be
ordered to pay an amount not exceeding twenty thousand dollars
($20,000) for the above-referenced damages and costs. The citation
shall contain a warning to the parent or parents that if he, she, or
they fail to appear at the time and date stated, the court will order
him, her, or them to pay in full the costs and damages caused by the
act of the minor.
   (c) Service of the citation shall be made on all parents or legal
guardians of the minor whose names and addresses are known to the
petitioner.
   (d) Service of the citation shall be made at least 10 days prior
to the time and date stated therein for appearance, in the manner
provided by law for the service of a summons in a civil action, other
than by publication.



742.20.  Any moneys collected by the probation officer of the county
pursuant to an order rendered pursuant to Section 742.16 shall be
distributed by the county to the following persons and entities in
the following priority:
   (a) Restitution to the owner and possessor of the property defaced
by the minor, in the amount determined by the court.
   (b) After the restitution described in subdivision (a) has been
paid in full, or if restitution was not ordered, the costs of
removing graffiti or other material inscribed by the minor and of
repairing or replacing property defaced by the minor, to the city,
county, or other local public agency that incurred those costs,
except that the county may deduct and retain 15 percent of the amount
collected for the removal, repair, or replacement costs, or an
amount equivalent to its actual costs of collection, whichever is
less.
   (c) After the costs and damages described in subdivisions (a) and
(b) have been paid in full, or if there are no costs or damages, the
law enforcement costs of identifying and apprehending the minor, to
the city or county that incurred those costs, except that the county
may deduct and retain 15 percent of the amount collected for those
law enforcement costs, or an amount equivalent to its actual costs of
collection, whichever is less.



742.22.  If any provision or clause of this article or the
application thereof to any person or circumstances is held invalid,
the invalidity shall not affect other provisions or applications of
this article which can be given effect without the invalid provision
or application, and to this end the provisions of this article are
severable.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Wic > 742.10-742.22

WELFARE AND INSTITUTIONS CODE
SECTION 742.10-742.22



742.10.  It is the intent of the Legislature in enacting this
article to accomplish the following purposes:
   (a) To assist public and private owners and possessors of property
defaced by minors with graffiti or other inscribed material to
recover their full damages.
   (b) To safeguard the fiscal integrity of cities and counties that
expend public funds to remove graffiti and other material inscribed
by minors from public or private property, or to repair or replace
public or private property defaced by minors with graffiti or other
inscribed material, by enabling those cities and counties to recoup
the full costs of that removal, repair, and replacement.
   (c) To safeguard the fiscal integrity of cities and counties by
enabling them to recoup the law enforcement costs of identifying and
apprehending minors who deface the property of others with graffiti
or other inscribed material.
   (d) To minimize the costs of collecting those costs and damages.
   (e) To discourage the inscription of graffiti and other material
by minors by requiring the offending minors, and their parents who
have the financial ability to do so, to bear the costs associated
with the unlawful defacement of property with graffiti or other
inscribed material.
   (f) To retain in the juvenile court the discretion needed to
accomplish the goal of rehabilitating minors.




742.12.  (a) As used in this article, the term "graffiti or other
inscribed material" includes any unauthorized inscription, word,
figure, mark, or design that is written, marked, etched, scratched,
drawn, or painted on real or personal property.
   (b) As used in subdivision (d) of Section 742.16, the word
"custody" means either legal custody or physical custody of a minor.



742.14.  (a) A city, county, or city and county may elect, by
ordinance, to have the probation officer of the county recoup for it,
through juvenile court proceedings in accordance with Section
742.16, its costs associated with defacement by minors of its
property and the property of others by graffiti or other inscribed
material. That ordinance shall include the cost finding or findings
specified in subdivision (b), and if the city, county, or city and
county enacts an ordinance pursuant to Section 53069.3 of the
Government Code, the cost findings specified in subdivision (c).
These cost findings shall be reviewed at least once every three
years, at which time the city, county, or city and county, by
resolution, shall adopt updated cost findings in accordance with
subdivisions (b) and (c). A city, county, or city and county may
rescind, by ordinance, its election to have the probation officer
recoup its costs pursuant to this section. Immediately after
adoption, the city or county shall cause a certified copy of an
ordinance adopted pursuant to this subdivision and any resolution
containing updated cost findings to be forwarded to the clerk of the
juvenile court in the county and to the probation officer of the
county.
   (b) A city, county, or city and county that adopts an ordinance
pursuant to subdivision (a) shall include therein a finding or
findings, to be reviewed at least once every three years, of the
average costs per unit of measure incurred by the law enforcement
agency with primary jurisdiction in the city, county, or city and
county in identifying and apprehending a person subsequently
convicted of violation of Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7 of the Penal Code or a minor subsequently found to be a person
described in Section 602 by reason of the commission of an act
prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of
the Penal Code. A city, county, or city and county that does not
adopt an ordinance pursuant to subdivision (a) may adopt an ordinance
containing the cost finding or findings described in this
subdivision. Findings of costs per unit of measure may include, but
are not limited to, findings of the hourly costs of employee time and
of the costs per mile of operating patrol vehicles.
   (c) If a city, county, or city and county enacts an ordinance
pursuant to Section 53069.3 of the Government Code and enacts an
ordinance pursuant to subdivision (a), the ordinance enacted pursuant
to subdivision (a) shall contain findings, to be reviewed at least
once every three years, of the average cost to the city, county, or
city and county per unit of measure of removing graffiti and other
inscribed material, and of repairing and replacing property of the
types frequently defaced with graffiti or other inscribed material
that cannot be removed cost effectively. A city, county, or city and
county that does not adopt an ordinance pursuant to subdivision (a)
may adopt an ordinance containing the cost findings described in this
subdivision. Findings of costs per unit of measure may include, but
are not limited to, findings of the costs per square inch of removing
painted graffiti or of the costs per item of replacing items that
have been etched.
   (d) A school district, district, or other local public agency may
elect, by formal action of its governing body, to have the probation
officer of the county recoup for it, through juvenile court
proceedings in accordance with Section 742.16, its costs associated
with the defacement by minors of property it owns or possesses by
graffiti or other inscribed material. Upon election, the school
district, district, or other local public agency shall make the cost
findings described in subdivision (c). These cost findings shall be
reviewed at least once every three years, at which time the school
district, district, or other local public agency, by formal action of
its governing body, shall adopt updated cost findings in accordance
with subdivision (c). A school district, district, or other local
public agency may rescind, by resolution, its election to have the
probation officer recoup its costs pursuant to this section.
Immediately after making the election described in this subdivision
and adopting initial or updated cost findings, and immediately after
rescinding said election, the school district, district, or other
local public agency shall cause a certified copy of a document
memorializing the election, rescission, or cost findings to be
forwarded to the clerk of the juvenile court in the county and to the
probation officer of the county. A school district, district, or
other local public agency that does not elect to have the probation
officer of the county recoup its costs pursuant to Section 742.16 may
adopt the cost findings described in this subdivision.
   (e) A city, county, or city and county that has elected to have
the probation officer of the county recoup its costs pursuant to
Section 742.16 shall transmit to the probation officer, forthwith,
data about its expenditure of resources in identifying and
apprehending any minor about whom a petition is filed alleging that
the minor is a person described by Section 602 by reason of the
commission of an act prohibited by Section 594, 594.3, 594.4, 640.5,
640.6, or 640.7 of the Penal Code. That data shall be sufficient to
enable the probation officer and the juvenile court to calculate the
costs to the city, county, or city and county in identifying and
apprehending the minor.
   (f) A city, county, or other public agency that has elected to
have the probation officer of the county recoup its costs pursuant to
Section 742.16 and that has made cost findings pursuant to
subdivisions (c) or (d) shall transmit to the probation officer,
forthwith, data about its expenditure of resources to remove graffiti
or other material inscribed by, or to repair or replace property
defaced by, any minor about whom a petition is filed alleging that
the minor is a person described by Section 602 by reason of the
commission of an act prohibited by Section 594, 594.3, 594.4, 640.5,
640.6, or 640.7 of the Penal Code. That data shall be sufficient to
enable the probation officer and the juvenile court to calculate the
costs to the city, county, or other local agency for that removal,
repair, or replacement.
   (g) The probation officer of a county may establish procedures for
collecting the data described in subdivision (e) and (f). These
procedures may include a provision that the juvenile court may not
award and the probation officer may refuse to collect costs described
in this section unless the data required to be provided to the
probation officer pursuant to subdivisions (e) and (f) is provided to
him or her within a time certain after he or she makes a demand
therefor.



742.16.  (a) If a minor is found to be a person described in Section
602 by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the
court does not remove the minor from the physical custody of the
parent or guardian, the court as a condition of probation, except in
any case in which the court makes a finding and states on the record
its reasons why that condition would be inappropriate, shall require
the minor to wash, paint, repair, or replace the property defaced,
damaged, or destroyed by the minor or otherwise pay restitution to
the probation officer of the county for disbursement to the owner or
possessor of the property or both. In any case in which the minor is
not granted probation or in which the minor's cleanup, repair, or
replacement of the property will not return the property to its
condition before it was defaced, damaged, or destroyed, the court
shall make a finding of the amount of restitution that would be
required to fully compensate the owner and possessor of the property
for their damages. The court shall order the minor or the minor's
estate to pay that restitution to the probation officer of the county
for disbursement to the owner or possessor of the property or both,
to the extent the court determines that the minor or the minor's
estate have the ability to do so, except in any case in which the
court makes a finding and states on the record its reasons why full
restitution would be inappropriate. If full restitution is found to
be inappropriate, the court shall require the minor to perform
specified community service, except in any case in which the court
makes a finding and states on the record its reasons why that
condition would be inappropriate.
   (b) If a minor is found to be a person described in Section 602 by
reason of the commission of an act prohibited by Section 594, 594.3,
594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or
other material inscribed by the minor has been removed, or the
property defaced by the minor has been repaired or replaced by a
public entity that has elected, pursuant to Section 742.14, to have
the probation officer of the county recoup its costs through
proceedings in accordance with this section and has made cost
findings in accordance with subdivisions (c) or (d) of Section
742.14, the court shall determine the total cost incurred by the
public entity for said removal, repair, or replacement, using, if
applicable, the cost findings most recently adopted by the public
entity pursuant to subdivision (c) or (d) of Section 742.14. The
court shall order the minor or the minor's estate to pay those costs
to the probation officer of the county to the extent the court
determines that the minor or the minor's estate have the ability to
do so.
   (c) If the minor is found to be a person described in Section 602
by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor
was identified or apprehended by the law enforcement agency of a
city or county that has elected, pursuant to Section 742.14, to have
the probation officer of the county recoup its costs through
proceedings in accordance with this section, the court shall
determine the cost of identifying or apprehending the minor, or both,
using, if applicable, the cost findings adopted by the city or
county pursuant to subdivision (b) of Section 742.14. The court shall
order the minor or the minor's estate to pay those costs to the
probation officer of the county to the extent the court determines
that the minor or the minor's estate has the ability to do so.
   (d) If the court determines that the minor or the minor's estate
is unable to pay in full the costs and damages determined pursuant to
subdivisions (a), (b), and (c), and if the minor's parent or parents
have been cited into court pursuant to Section 742.18, the court
shall hold a hearing to determine the liability of the minor's parent
or parents pursuant to Section 1714.1 of the Civil Code for those
costs and damages. Except when the court makes a finding setting
forth unusual circumstances in which parental liability would not
serve the interests of justice, the court shall order the minor's
parent or parents to pay those costs and damages to the probation
officer of the county to the extent the court determines that the
parent or parents have the ability to pay, if the minor was in the
custody or control of the parent or parents at the time he or she
committed the act that forms the basis for the finding that the minor
is a person described in Section 602. In evaluating the parent's or
parents' ability to pay, the court shall take into consideration the
family income, the necessary obligations of the family, and the
number of persons dependent upon this income.
   (e) The hearing described in subdivision (d) may be held
immediately following the disposition hearing or at a later date, at
the option of the court.
   (f) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) is five thousand dollars
($5,000) or less, the parent or parents may not be represented by
counsel and the probation officer of the county shall be represented
by his or her nonattorney designee. The court shall conduct that
hearing in accordance with Sections 116.510 and 116.520 of the Code
of Civil Procedure. Notwithstanding the foregoing, if the court
determines that a parent cannot properly present his or her defense,
the court may, in its discretion, allow another individual to assist
that parent. In addition, a husband or wife may appear and
participate in the hearing on behalf of his or her spouse if the
representative's spouse has given his or her consent and the court
determines that the interest of justice would be served thereby.
   (g) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) exceeds five thousand dollars
($5,000), the parent or parents may be represented by counsel of his
or her or their own choosing, and the probation officer of the
county shall be represented by the district attorney or an attorney
or nonattorney designee of the probation officer. The parent or
parents shall not be entitled to court-appointed counsel or to
counsel compensated at public expense.
   (h) At the hearing conducted pursuant to subdivision (d), there
shall be a presumption affecting the burden of proof that the
findings of the court made pursuant to subdivisions (a), (b), and (c)
represent the actual damages and costs attributable to the act of
the minor that forms the basis of the finding that the minor is a
person described in Section 602.
   (i) If the parent or parents, after having been cited to appear
pursuant to Section 742.18, fail to appear as ordered, the court
shall order the parent or parents to pay the full amount of the costs
and damages determined by the court pursuant to subdivisions (a),
(b), and (c).
   (j) Execution may be issued on an order issued by the court
pursuant to this section in the same manner as on a judgment in a
civil action, including any balance unpaid at the termination of the
court's jurisdiction over the minor.
   (k) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the showing of a change in circumstances relating to his
or her ability to pay the judgment.
   (l) For purposes of a hearing conducted pursuant to subdivision
(d), the judge of the juvenile court shall have the jurisdiction of a
judge of the superior court in a limited civil case, and if the
amount of the demand is within the jurisdictional limits stated in
Sections 116.220 and 116.221 of the Code of Civil Procedure, the
judge of the juvenile court shall have the powers of a judge
presiding over the small claims court.
   (m) Nothing in this section shall be construed to limit the
authority of a juvenile court to provide conditions of probation.
   (n) The options available to the court pursuant to subdivisions
(a), (b), (c), (d), and (k), to order payment by the minor and his or
her parent or parents of less than the full costs described in
subdivisions (a), (b), and (c), on grounds of financial inability or
for reasons of justice, shall not be available to a superior court in
an ordinary civil proceeding pursuant to subdivision (b) of Section
1714.1 of the Civil Code, except that in any proceeding pursuant to
either subdivision (b) of Section 1714.1 of the Civil Code or this
section, the maximum amount that a parent or a minor may be ordered
to pay shall not exceed twenty thousand dollars ($20,000) for each
tort of the minor.



742.18.  (a) If the petition alleges that the minor is the person
described by Section 602 by reason of the commission of an act
prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of
the Penal Code, and the petition is sustained, the court, in addition
to the notice provided in Sections 658 and 659, shall issue a
citation to the minor's parent or legal guardian, ordering them to
appear in the court at the time and date stated for a hearing
pursuant to subdivision (d) of Section 742.16.
   (b) The citation shall notify the parent or legal guardian that at
the hearing, he, she, or they may be ordered to pay restitution
sufficient to fully compensate the owner and possessor of the
property defaced by the minor for the damage caused by that
defacement, the law enforcement costs of identifying and apprehending
the minor, if applicable, and the costs incurred by a public entity
to remove graffiti or other material inscribed by the minor, or to
repair or replace the property defaced by the minor, if applicable.
The citation shall set forth the provisions of Section 742.16 and
shall advise the parent or parents that he, she, or they may be
ordered to pay an amount not exceeding twenty thousand dollars
($20,000) for the above-referenced damages and costs. The citation
shall contain a warning to the parent or parents that if he, she, or
they fail to appear at the time and date stated, the court will order
him, her, or them to pay in full the costs and damages caused by the
act of the minor.
   (c) Service of the citation shall be made on all parents or legal
guardians of the minor whose names and addresses are known to the
petitioner.
   (d) Service of the citation shall be made at least 10 days prior
to the time and date stated therein for appearance, in the manner
provided by law for the service of a summons in a civil action, other
than by publication.



742.20.  Any moneys collected by the probation officer of the county
pursuant to an order rendered pursuant to Section 742.16 shall be
distributed by the county to the following persons and entities in
the following priority:
   (a) Restitution to the owner and possessor of the property defaced
by the minor, in the amount determined by the court.
   (b) After the restitution described in subdivision (a) has been
paid in full, or if restitution was not ordered, the costs of
removing graffiti or other material inscribed by the minor and of
repairing or replacing property defaced by the minor, to the city,
county, or other local public agency that incurred those costs,
except that the county may deduct and retain 15 percent of the amount
collected for the removal, repair, or replacement costs, or an
amount equivalent to its actual costs of collection, whichever is
less.
   (c) After the costs and damages described in subdivisions (a) and
(b) have been paid in full, or if there are no costs or damages, the
law enforcement costs of identifying and apprehending the minor, to
the city or county that incurred those costs, except that the county
may deduct and retain 15 percent of the amount collected for those
law enforcement costs, or an amount equivalent to its actual costs of
collection, whichever is less.



742.22.  If any provision or clause of this article or the
application thereof to any person or circumstances is held invalid,
the invalidity shall not affect other provisions or applications of
this article which can be given effect without the invalid provision
or application, and to this end the provisions of this article are
severable.