BILL NUMBER: SB 804	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hollingsworth

                        FEBRUARY 23, 2007

   An act to amend Section 602.1 of the Penal Code, relating to
crime.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 804, as introduced, Hollingsworth. Business establishments:
unlawful entry.
   Existing law provides that any person who intentionally interferes
with any lawful business or occupation carried on by the owner or
agent of a business establishment open to the public, by obstructing
or intimidating those attempting to carry on business, or their
customers, and who refuses to leave the premises of the business
establishment after being requested to leave, is guilty of a
misdemeanor.
   This bill would also make it a misdemeanor to enter or remain
unlawfully in or upon a business establishment open to the public
after being requested to leave and after being served with a written
warning or request prohibiting that person's presence on the property
for a period of 6 months, by the owner or owner's agent or by a
peace officer, as specified. Because the bill would create a new
crime, it 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 602.1 of the Penal Code is amended to read:
   602.1.  (a) Any person who intentionally interferes with any
lawful business or occupation carried on by the owner or agent of a
business establishment open to the public, by obstructing or
intimidating those attempting to carry on business, or their
customers, and who refuses to leave the premises of the business
establishment after being requested to leave by the owner or the
owner's agent, or by a peace officer acting at the request of the
owner or owner's agent, is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to 90 days, or by a fine of up
to four hundred dollars ($400), or by both that imprisonment and
fine.
   (b) Any person who intentionally interferes with any lawful
business carried on by the employees of a public agency open to the
public, by obstructing or intimidating those attempting to carry on
business, or those persons there to transact business with the public
agency, and who refuses to leave the premises of the public agency
after being requested to leave by the office manager or a supervisor
of the public agency, or by a peace officer acting at the request of
the office manager or a supervisor of the public agency, is guilty of
a misdemeanor, punishable by imprisonment in a county jail for up to
90 days, or by a fine of up to four hundred dollars ($400), or by
both that imprisonment and fine. 
   (c) (1) Any person who enters or remains unlawfully in or upon a
business establishment open to the public after being requested to
leave, pursuant to subdivision (a), and after being served with a
written warning or request prohibiting that person's presence on the
property for a period of six months, by the owner or the owner's
agent, or by a peace officer acting at the request of the owner or
owner's agent, is guilty of a misdemeanor, punishable by imprisonment
in a county jail for up to 30 days, or by a fine of up to four
hundred dollars ($400), or by both that imprisonment and fine.
   (2) For purposes of this subdivision, a written warning or request
shall contain, but is not limited to, all of the following
information:
   (A) A warning statement advising the person that the person's
presence is prohibited on the property for a period of six months
from and including the date of the notice, and that a violation of
the warning will subject the person to arrest and prosecution for
trespassing pursuant to this subdivision.
   (B) The legal name, any aliases, and a photograph or a physical
description, including, but not limited to, sex, race, height,
weight, hair color, eye color, or any other distinguishing
characteristics, of the person warned.
   (C) The name of the person giving the warning along with the date
and time the warning was given and served on the person warned.
   (D) The signature of the person giving the warning, and the
signature of a witness or peace officer who was present when the
warning was given and served on the person warned.  
   (c) 
    (d)  This section shall not apply to any of the
following persons:
   (1) Any person engaged in lawful labor union activities that are
permitted to be carried out on the property by state or federal law.
   (2) Any person on the premises who is engaging in activities
protected by the California Constitution or the United States
Constitution. 
   (d)
    (e)  Nothing in this section shall be deemed to
supersede the application of any other law.
  SEC. 2.  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.