BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 451
          Author:   Portantino (D)
          Amended:  8/20/10 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/22/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Trespass:  unauthorized entry of an event  
          closed to the public

           SOURCE  :     Screen Actors Guild


           DIGEST  :    This bill defines a new form of trespass that is  
          committed where a person, without authorization, knowingly  
          enters or remains at an event that is closed to the public  
          under circumstances where a reasonable notice of restricted  
          access ahs been posted.

           Senate Floor Amendments  of 8/20/10 add chaptering  
          amendments to protect this bill, AB 2324 (Perez), AB 1675  
          (Hagman), and AB 668 (Lieu), and (2) add substantive  
          amendments to narrow the new form of trespass defined by  
          this bill.

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           ANALYSIS  :    Existing law includes numerous provisions  
          defining various forms of trespass and applicable  
          penalties.  Crime definitions and penalties typically turn  
          on whether any damage has been done to property and whether  
          the trespasser refuses a valid request to leave the land.   
          (Penal Code Section 602-607.)

          Existing law provides that any person is guilty of a  
          misdemeanor, punishable by a county jail term of up to six  
          months, a fine of up to $1000 or both, who enters any other  
          persons cultivated or fenced land, or who enters  
          uncultivated or unenclosed lands where signs forbidding  
          trespass are displayed at intervals not less than three to  
          the mile along exterior boundaries and at all roads and  
          trails entering the lands without written permission, and  
          does any of the following:
          1. Refuses or fails to leave immediately upon being  
             requested to do so by the owner, owner's agent or by the  
             person in lawful possession.

          2. Tears down, mutilates, or destroys any sign or notice  
             forbidding trespass or hunting

          3. Removes or tampers with any lock on any gate on or  
             leading into the lands.

          4. Discharges a firearm.  (Penal Code Section 602,  
             subdivision (k).)

          Existing law generally provides that a person commits one  
          form of trespass to cultivated, fenced or posted land,  
          where he or she, without the written permission of the  
          landowner, the owner's agent or of the person in lawful  
          possession of the land:

          1. Willfully enters any lands under cultivation or enclosed  
             by fence, belonging to, or occupied by another person.

          2. 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.  (Penal Code Section 602.8, subdivision (a).)


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          Existing law provides that trespassing - in circumstances  
          other than where the person refuses a valid order to leave  
          the premises, destroys a no-trespassing or no-hunting sign,  
          tampers with any lock, or discharges a firearm, is an  
          infraction or a misdemeanor, as follows:

          1. First offense is an infraction, punishable by a fine of  
             $75.  (Penal Code Section 602.8, subdivision (b)(1).)

          2. Second offense on any contiguous land of the same owner  
             is an infraction, punishable by a fine of $250.  (Penal  
             Code Section 602.8, subdivision (b)(2).)

          3. A third or subsequent offense on any contiguous land of  
             the same owner is a misdemeanor punishable by  
             imprisonment in the county jail not exceeding six  
             months; by a fine not to exceed $1000; or both.  (Penal  
             Code Section 602.8, subdivision (b)(3).)

          Existing law includes the following exceptions to the  
          trespassing law in Section 602.8:

          1. A person who is conducting lawful union activities.

          2. A person who is on the premises and engaging in  
             activities protected by the California or United States  
             Constitution.

          3. A person making lawful service of process.

          4. An appropriately licensed person engaged in land  
             surveying.

          Existing law states that it is a misdemeanor punishable by  
          six months in county jail for every person who willfully  
          enters 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, the owner's agent or of the person  
          in lawful possession and:


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          1. Refuses or fails 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. Tears down, mutilates, or destroys any sign, signboard,  
             or notice forbidding trespass or hunting on the lands;

          3. Removes, injures, unlocks, or tampers with any lock on  
             any gate on or leading into the lands.

          4. Discharges any firearm.  (Penal Code Section 602,  
             subdivision (l).)

          Existing law provides that any person who willfully enters  
          and occupies real property or structures of any kind  
          without the consent of the owner, the owner's agent, or the  
          person in lawful possession, is guilty of a misdemeanor.   
          (Penal Code Section 602, subdivision (m).)

          Existing law allows for prosecution against those who  
          refuse or fail to leave land, real property, or structures  
          belonging to or lawfully occupied by another and not open  
          to the general public, upon being requested to leave 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 or the owner, the owner's agent, or  
          the person in lawful possession.  (Penal Code Section 602,  
          subdivision (o).)

          Existing law provides that 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 a 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 trials entering lands, is guilty of a public  
          offense punishable as follows:

          1. A first offense is an infraction punishable by a fine of  

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             $75.

          2. A second offense is an infraction punishable by a fine  
             of $250.

          3. A third or subsequent offense is a misdemeanor.  (Penal  
             Code Section 602.8.)

          This bill defines a new form of trespass that is committed  
          where a person knowingly enters or remains at an event not  
          open to the general public without authorization from the  
          person lawfully in possession of the property, if the area  
          has been posted so as to give reasonable notice restricting  
          access to authorized guests and persons with lawful  
          business therein.  Reasonable notice is that which would  
          give actual notice to a reasonable person, and is posted at  
          each authorized entrance. 

          This bill makes it a trespass to knowingly enter an annual  
          event that is televised live and not open to the general  
          public, without authorization from the person lawfully in  
          possession of the property, if the area has been posted so  
          as to give reasonable notice restricting access, as  
          specified.  This bill makes a violation of these provisions  
          punishable by imprisonment in a county jail not exceeding  
          six months, or by a fine not exceeding $1,000, or both, or  
          as an infraction, for a first offense, and by that jail  
          sentence or a fine of $2,000, or both, for a second or  
          subsequent offense.

          This bill incorporates amendments to Section 19.8 of the  
          Penal Code proposed by AB 1675(Hagman) and AB 1829 (Cook),  
          contingent on the prior enactment of those bills.

          This bill incorporates amendments to Section 602 of the  
          Penal Code proposed by AB 668 (Liu) and AB 2324 (Perez),  
          contingent on the prior enactment of those bills.
            
           Background
           
           Development of Trespass Law, Recently Defined Forms of  
          Trespass  .  California trespass law is complex.  It appears  
          that the trespass laws were initially intended to address,  
          and perhaps reduce or eliminate, disputes about rural land.  

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           Witkin notes that "nearly all of [the various crime  
          provisions in the statute] relate to destruction or taking"  
          of property.  Thus, the trespass law has traditionally not  
          addressed simple unauthorized entry, without some  
          additional harm intended or caused by the person entering  
          the property.  
          The various forms of trespass have been drafted with  
          detailed and specific elements.  For example there are  
          forms of trespass for entering land to cut down wood, to  
          carry away wood, to destroy or carry away oysters, opening  
          a gate and leaving it open without the consent of the  
          owner.

          Thus, there is no true general form of trespass.  Each form  
          of trespass must be specifically stated.  The main trespass  
          statute, Penal Code Section 602, actually is a collection  
          of many separate crimes.  The section has been amended  
          relatively frequently in recent years to address unique  
          circumstances that were not specifically address in the  
          law.  In 2003, a new form of trespass was defined for  
          entering lands where animals are being bred.  Another form  
          of trespass defined in 2003 concerned entering a maternity  
          ward without consent, and another bill defined a new form  
          of trespass for entering the secure portion of an airport.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  7/6/10)

          Screen Actors Guild (source)


           ARGUMENTS IN SUPPORT  :    This bill is sponsored by the  
          Screen Actors Guild (SAG) and addresses a problem they have  
          had with "party crashers" at their official functions or  
          events.  SAG had some event-crashers at the SAG Awards Show  
          in January of this year.  Several individuals were able to  
          gain unauthorized access to the event and security was able  
          to identify them quickly remove them from the premises.   
          The Academy Awards and other awards events have also  
          experienced unauthorized attendance at events that are not  
          open to the public.


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          In this instance, SAG made a citizen's arrest and held the  
          trespassers until the Los Angeles Police Department showed  
          up to take them away.  Due to a technical flaw contained in  
          specific portions of existing California law relating to  
          trespass, the Los Angeles City Attorney was not able to  
          prosecute these individuals.   

          Penal Code Section 602 covers trespassing under numerous  
          specific instances that specify the acts that constitute  
          the crime of trespass.  Because of how this code section is  
          written, none of these definitions are adequate to  
          uniformly support a charge of trespass for "gate crashers."  


          This bill provides a method to keep unauthorized  
          individuals from attending events that are closed to the  
          public.  To constitute a trespass the bill requires the  
          area to be posted so as to give reasonable notice  
          restricting access to authorized guests and persons with  
          lawful business to pursue therein.  Reasonable notice is  
          that which would give actual notice to a reasonable person,  
          and is posted at each authorized entrance.  


          RJG:do  8/22/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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