BILL NUMBER: SB 1295 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 11, 2014
AMENDED IN ASSEMBLY JUNE 18, 2014
AMENDED IN SENATE MAY 27, 2014
AMENDED IN SENATE MARCH 24, 2014
INTRODUCED BY Senator Block
(Coauthor: Senator Anderson)
FEBRUARY 21, 2014
An act to amend Section 602 of the Penal Code, relating to
trespass.
LEGISLATIVE COUNSEL'S DIGEST
SB 1295, as amended, Block. Trespass: requests for law enforcement
assistance.
Existing law makes it unlawful for a person to trespass by
refusing or failing to leave land, real property, or a structure
belonging to or lawfully occupied by another and not open to the
general public, upon being asked to leave by a peace officer at the
request of the owner, the owner's agent, or the person in lawful
possession. Existing law requires that a separate request to the
peace officer be made on each occasion, except that a single request
for a peace officer's assistance may be made for a period not to
exceed 6 months when the premises or property is closed to the public
and posted as being closed.
This bill would remove that 6-month limit, and would
instead make the request for a peace officer's assistance
valid for a period of one year during which
not to exceed 12 months when the premises or property is closed
to the public and posted as being closed. The bill would require the
requestor to inform the law enforcement agency to which the request
was made when the assistance is no longer desired, before the
one year period expires. expiration of that
period. The bill would also provide that the request for
assistance expires upon transfer of ownership of the property or upon
a change in the person in lawful possession.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 602 of the Penal Code is amended to read:
602. Except as provided in subdivision
subdivisions (u), subdivision (v),
subdivision and (x), and Section 602.8, every
person who willfully commits a trespass by any of the following acts
is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard, or
notice is intended to indicate or designate a road or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) shall be displayed at intervals
not less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent, or by the person in lawful possession.
(l) Entering any lands under cultivation or enclosed by fence,
belonging to, or occupied by, another, or entering upon uncultivated
or unenclosed lands where signs forbidding trespass are displayed at
intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering the lands without the
written permission of the owner of the land, or the owner's agent,
or of the person in lawful possession, and any of the following:
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent, or by the
person in lawful possession to leave the lands.
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands.
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands.
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied by another and not open
to the general public, after upon being
requested to leave by (1) a peace officer at the request of the
owner, the owner's agent, or the person in lawful possession, and
after upon being informed by the peace
officer that he or she is acting at the request of the owner, the
owner's agent, or the person in lawful possession, or (2) the owner,
the owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent, or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period of one
year during which not to exceed 12 months when
the premises or property is closed to the public and posted as being
closed. The requestor shall inform the law enforcement agency to
which the request was made when the assistance is no longer desired,
before the one year period not exceeding 12
months expires. The request for assistance shall expire upon
transfer of ownership of the property or upon a change in the person
in lawful possession. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the
Labor Code) or by the federal National Labor Relations Act. For
purposes of this section, land, real property, or structures owned or
operated by any housing authority for tenants as defined under
Section 34213.5 of the Health and Safety Code constitutes property
not open to the general public; however, this subdivision shall not
apply to persons on the premises who are engaging in activities
protected by the California or United States Constitution, or to
persons who are on the premises at the request of a resident or
management and who are not loitering or otherwise suspected of
violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchperson, or custodian of the public
agency owning or maintaining the building or property, if the
surrounding circumstances would indicate to a reasonable person that
the person has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) (1) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed by a peace officer at the request of the owner, the owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's agent, or the person in lawful possession, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
(2) This subdivision shall apply only to a person who has been
convicted of a crime committed upon the particular private property.
(3) A single notification or request to the person as set forth
above shall be valid and enforceable under this subdivision unless
and until rescinded by the owner, the owner's agent, or the person in
lawful possession of the property.
(4) Where the person has been convicted of a violent felony, as
described in subdivision (c) of Section 667.5, this subdivision shall
apply without time limitation. Where the person has been convicted
of any other felony, this subdivision shall apply for no more than
five years from the date of conviction. Where the person has been
convicted of a misdemeanor, this subdivision shall apply for no more
than two years from the date of conviction. Where the person was
convicted for an infraction pursuant to Section 490.1, this
subdivision shall apply for no more than one year from the date of
conviction. This subdivision shall not apply to convictions for any
other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport operations area, passenger vessel terminal, or public transit
facility if the area has been posted with notices restricting access
to authorized personnel only and the postings occur not greater than
every 150 feet along the exterior boundary, to the extent, in the
case of a passenger vessel terminal, as defined in subparagraph (B)
of paragraph (3), that the exterior boundary extends shoreside. To
the extent that the exterior boundary of a passenger vessel terminal
operations area extends waterside, this prohibition shall apply if
notices have been posted in a manner consistent with the requirements
for the shoreside exterior boundary, or in any other manner approved
by the captain of the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment, if the person refuses to leave the
airport or passenger vessel terminal after being requested to leave
by a peace officer or authorized personnel.
(C) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment, for a second or subsequent offense.
(3) As used in this subdivision, the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Public transit facility" has the same meaning as specified in
Section 171.7.
(D) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card. "Authorized personnel" also
means any person who has a valid public transit employee
identification.
(E) "Airport" means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport, passenger vessel terminal, as defined in Section
171.5, subdivision (u), or public transit
facility, as defined in subdivision (u),
Section 171.5, if the sterile area is posted with a statement
providing reasonable notice that prosecution may result from a
trespass described in this subdivision, is a violation of this
subdivision, punishable by a fine of not more than five hundred
dollars ($500) for the first offense. A second and subsequent
violation is a misdemeanor, punishable by imprisonment in a county
jail for a period of not more than one year, or by a fine not to
exceed one thousand dollars ($1,000), or by both that fine and
imprisonment.
(2) Notwithstanding paragraph (1), if a first violation of this
subdivision is responsible for the evacuation of an airport terminal,
passenger vessel terminal, or public transit facility and is
responsible in any part for delays or cancellations of scheduled
flights or departures, it is punishable by imprisonment of not more
than one year in a county jail.
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment, if the person refuses to leave the posted area
after being requested to leave by a peace officer or other
authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or by both that
fine and imprisonment, for a second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.