BILL NUMBER: SB 331 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2008
AMENDED IN SENATE APRIL 10, 2007
INTRODUCED BY Senator Romero
FEBRUARY 16, 2007
An act to add Section 602.12 to the Penal Code, relating to
crimes, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 331, as amended, Romero. Unlawful entry: tribal land.
Existing law, subject to specified exceptions, makes it a crime
for a person to enter or remain on another's property without the
consent of the owner, his or her agent, or the person in lawful
possession of that property.
This bill would make it an infraction for a person to willfully
enter upon Indian lands occupied by a federally recognized tribe,
band, or group of which the person is not a member in specified
circumstances, including where the lands are under cultivation or
enclosed by a fence, are uncultivated and unenclosed but marked by
signs forbidding trespass, or after receiving written notice by the
tribal government occupying the land. The above provisions would
apply only to Indian tribes that have authorized their application
through a duly adopted tribal law, ordinance, or resolution, as
specified. By creating a new infraction, 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
reimbursement.
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.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the
following:
(a) The State of California has government-to-government
relationships with federally recognized Indian tribes located within
the territory of the State of California. These relationships require
the state to respect, and to not interfere with, the internal
political affairs of these Indian tribes, including disputes
concerning an individual's membership in a tribe.
(b) The civil-regulatory laws of the State of California generally
do not extend to Indian lands located within the State of
California.
(c) It would serve the public interest, and the interest of some
Indian tribes, to authorize the State of California and its political
subdivisions to enforce the state's trespass laws on Indian land.
SECTION 1. SEC. 2. Section 602.12 is
added to the Penal Code, to read:
602.12. (a) Any person who willfully enters upon any Indian lands
occupied by a federally recognized tribe, band, or group of which
the person is not a member, in any of the following circumstances, is
guilty of an infraction:
(1) The lands are under cultivation or enclosed by a fence.
(2) The lands are uncultivated or unenclosed and 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.
(3) After receiving written notice forbidding trespass by the
tribal government occupying the land.
(b) Any person convicted of a violation of subdivision (a) shall
be punished as follows:
(1) A first offense is punishable by a fine of not more than two
hundred fifty dollars ($250).
(2) A second or subsequent offense is punishable by a fine of no
more than five hundred dollars ($500).
(c) Subdivision (a) shall not apply to any of the following:
(1) Any person engaged in lawful labor union activities 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 (29 U.S.C.
Sec. 151 et seq.).
(2) Any person who is conducting 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 who is a former member of the Indian tribe upon the
lands of which he or she has entered.
(4)
(5) 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) This section shall not preclude the enforcement of any other
section of law, including Section 602.8.
(e) Subdivision (a) shall only apply to an Indian tribe that has
authorized its application through a duly adopted tribal law,
ordinance, or resolution, and that has provided prior written notice
of this authorization to the sheriff's office that provides service
to the Indian tribe's land.
(f) The provisions of this section are not severable. If any
provision of this section or its application is held invalid, the
entire section shall be of no force or effect.
SEC. 2. 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 California Constitution.
SEC. 3. 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 expeditiously address a growing public safety problem
from persons trespassing on Indian lands, it is necessary that this
act take effect immediately.