2009 California Penal Code - Section 1377-1380 :: Chapter 7. Compromising Certain Public Offenses By Leave Of The CourtPENAL CODE
1377. When the person injured by an act constituting a misdemeanor has a remedy by a civil action, the offense may be compromised, as provided in Section 1378, except when it is committed as follows: (a) By or upon an officer of justice, while in the execution of the duties of his or her office. (b) Riotously. (c) With an intent to commit a felony. (d) In violation of any court order as described in Section 273.6 or 273.65. (e) By or upon any family or household member, or upon any person when the violation involves any person described in Section 6211 of the Family Code or subdivision (b) of Section 13700 of this code. (f) Upon an elder, in violation of Section 368 of this code or Section 15656 of the Welfare and Institutions Code. (g) Upon a child, as described in Section 647.6 or 11165.6. 1378. If the person injured appears before the court in which the action is pending at any time before trial, and acknowledges that he has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be stayed upon the prosecution, and the defendant to be discharged therefrom; but in such case the reasons for the order must be set forth therein, and entered on the minutes. The order is a bar to another prosecution for the same offense. 1379. No public offense can be compromised, nor can any proceeding or prosecution for the punishment thereof upon a compromise be stayed, except as provided in this Chapter. 1380. (a) The City and County of San Francisco may require a person who has committed an act of vandalism by graffiti, as specified in paragraph (1) of subdivision (a) of Section 594, to complete a minimum of 24 hours of community service if the person engages in a civil compromise, as provided in Section 1378. (b) Community service shall be completed through graffiti abatement. If a graffiti abatement program is not available, then another form of community service may be performed. (c) In order for the City and County of San Francisco to impose subdivision (a) upon a person, the court shall determine that there is community service available through the jurisdiction's community service program. (d) The program authorized by this section shall be a pilot project for the purpose of determining the potential effectiveness of the program. (e) On or before March 1, 2011, the City and County of San Francisco, if it implements the pilot program authorized by this section, shall submit to the public safety committees of the Legislature an evaluation of the program's effectiveness.(f) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date.
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