BILL NUMBER: AB 924	CHAPTERED  07/22/03

	CHAPTER  101
	FILED WITH SECRETARY OF STATE  JULY 22, 2003
	APPROVED BY GOVERNOR  JULY 22, 2003
	PASSED THE ASSEMBLY  JULY 7, 2003
	PASSED THE SENATE  JUNE 30, 2003
	AMENDED IN SENATE  JUNE 24, 2003
	AMENDED IN SENATE  JUNE 10, 2003
	AMENDED IN ASSEMBLY  APRIL 29, 2003

INTRODUCED BY   Assembly Member Maldonado

                        FEBRUARY 20, 2003

   An act to amend Section 602.8 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 924, Maldonado.  Trespass.
   Existing law provides that, with specified exceptions, any person
who, without the written permission of the landowner, owner's agent,
or person in lawful possession of the land, willfully enters any
lands under cultivation or enclosed by fence, belonging to, or
occupied by, another, is for a first offense guilty of an infraction
punishable by a fine of $10; and for a 2nd offense guilty of an
infraction punishable by a fine of not less than $100 nor more than
$250.
   This bill would revise the above penalty provisions to instead
provide that for a trespass on the same land or any contiguous land
of the same landowner, without the permission of the landowner, the
landowner's agent, or the person in lawful possession of the land, a
first offense is punishable by a fine of $75 and a 2nd offense is
punishable by a fine of $250.  The bill would exempt licensed land
surveyors engaged in specified lawful and authorized work from these
provisions and would make clarifying and conforming changes to these
and related provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 602.8 of the Penal Code is amended to read:
   602.8.  (a) Any person who without the written permission of the
landowner, the owner's agent, or the person in lawful possession of
the land, willfully enters any lands under cultivation or enclosed by
fence, belonging to, or occupied by, another, or who willfully
enters 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, is guilty of a  public offense.
   (b) Any person convicted of a violation of subdivision (a) shall
be punished as follows:
   (1) A first offense is an infraction punishable by a fine of
seventy-five dollars ($75).
   (2) A second offense on the same land or any contiguous land of
the same landowner, without the permission of the landowner, the
landowner's agent, or the person in lawful possession of the land, is
an infraction punishable by a fine of two hundred fifty dollars
($250).
   (3) A third or subsequent offense on the same land or any
contiguous land of the same landowner, without the permission of the
landowner, the landowner's agent, or the person in lawful possession
of the land, is a misdemeanor.
   (c) Subdivision (a) shall not apply to any of the following:
   (1) Any person engaged in lawful labor union activities which are
permitted to be carried out on property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act.
   (2) Any person on the premises who is engaging in activities
protected by the California or United States Constitution.
   (3) Any person described in Section 22350 of the Business and
Professions Code who is making a lawful service of process.
   (4) Any person licensed pursuant to Chapter 15 (commencing with
Section 8700) of Division 3 of the Business and Professions Code who
is engaged in the lawful practice of land surveying as authorized by
Section 846.5 of the Civil Code.
   (d) For any infraction charged pursuant to this section, the
defendant shall have the option to forfeit bail in lieu of making a
court appearance.  Notwithstanding subdivision (e) of Section 853.6,
if the offender elects to forfeit bail pursuant to this subdivision,
no further proceedings shall be had in the case.