2009 California Penal Code - Section 1377-1380 :: Chapter 7. Compromising Certain Public Offenses By Leave Of The Court

SECTION 1377-1380

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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