BILL NUMBER: AB 2296 AMENDED
AMENDED IN SENATE AUGUST 4, 2008
AMENDED IN SENATE JULY 2, 2008
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN ASSEMBLY MAY 15, 2008
AMENDED IN ASSEMBLY APRIL 23, 2008
AMENDED IN ASSEMBLY APRIL 1, 2008
INTRODUCED BY Assembly Member Mullin
(Principal coauthor: Assembly Member Wolk)
FEBRUARY 21, 2008
relating to animals to add Section
602.12 to the Penal Code, relating to trespass, and declaring the
urgency thereof, to take effect immediately .
LEGISLATIVE COUNSEL'S DIGEST
AB 2296, as amended, Mullin. Animals: Animal Enterprise
Protection Act. Academic research: trespass.
Existing law makes it unlawful for persons to engage in certain
acts of trespass and punishes most trespasses by a fine not exceeding
$1,000, imprisonment in a county jail for a period not exceeding 6
months, or by both that fine and imprisonment.
This bill would make a person who enters the residential real
property of an academic researcher, as defined, for the purpose of
chilling or interfering with the researcher's academic freedom guilty
of the crime of trespass, a misdemeanor. By creating a new crime,
the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Existing law establishes various causes of action, including
actions for damages and injunctive relief, for the enforcement of
This bill would make findings of the Legislature regarding
protests on animal use in research stating, among other things, that
the use of physical threats, violence, and the destruction of
property is unacceptable.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be
cited as the California Animal Enterprise Protection Act.
SEC. 2. SECTION 1. The Legislature
hereby finds and declares that while individuals are entitled to
express their views on animal use in research and to mount protests
that are protected under the First Amendment to the United States
Constitution, the use of physical threats, violence, or destruction
of property is unacceptable and should not be tolerated.
Unlawful acts that threaten and intimidate researchers or their
families at their personal residences are not protected by the First
Amendment to the United States Constitution, and are a
direct threat to the academic researcher's constitutional right to
SEC. 2. Section 602.12 is added to the
Penal Code , to read:
602.12. (a) Any person who enters the residential real property
of an academic researcher for the purpose of chilling or interfering
with the researcher's academic freedom is guilty of trespass, a
(b) For the purposes of this section, the following definitions
(1) "Academic researcher" means any person lawfully engaged in
academic research who is a student, trainee, or employee of an
accredited California community college, a campus of the California
State University or the University of California, or a Western
Association of Schools and Colleges accredited, degree granting,
(2) "Academic freedom" means the lawful performance,
dissemination, or publication of academic research or instruction.
(c) This section shall not apply to any person who is lawfully
engaged in labor union activities that are protected under state or
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
SEC. 4. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to provide protection against escalating acts of violence
against researchers as soon as possible, it is necessary that this
act take effect immediately.