BILL NUMBER: AB 668	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 26, 2010
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 25, 2009

   An act to amend Section  626.9 of the Penal Code, relating
to firearms   602 of the Penal Code, relating to
trespass  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 668, as amended, Lieu.  Firearms: gun-free school
zones.   Trespass.  
   Existing law makes it unlawful for persons to engage in certain
acts of trespass. In particular it is unlawful for a person who has
been convicted of a violent felony committed upon a particular
private property to enter upon that property after having been
informed by a peace officer that the property is not open to the
particular person; or to refuse or fail to leave the property upon
being asked to leave the property, as specified.  
   This bill would expand the scope of this offense by providing that
it is unlawful for a person who has been convicted of any crime
committed upon a particular private property to enter or refuse or
fail to leave that property after being informed by a peace officer
that the property is not open to the particular person, or to refuse
or fail to leave when asked, as specified.  
   By expanding the scope of an existing crime, this 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.  
   Existing law, subject to exceptions, provides that it is an
offense for any person to possess a firearm in a place that the
person knows, or reasonably should know, is a school zone, unless it
is with the written permission of the school district superintendent,
his or her designee, or equivalent school authority. Existing law
defines "school zone" for these purposes as an area in, or on the
grounds of, a public or private school providing instruction in
kindergarten or grades 1 to 12, inclusive, or within a distance of
1,000 feet from the grounds of the public or private school. Existing
law provides an exception to the prohibition for handguns that are
in a locked container or within the locked trunk of a motor vehicle.
 
   This bill would revise this exception to instead except from the
prohibition a handgun that is in a locked container inside a motor
vehicle or that is unloaded and inside a locked trunk of a motor
vehicle. The bill would increase the size of the zone to include the
area up to 1,500 feet from the grounds of the public or private
school. The bill would create an exception to the school zone
firearms possession prohibition for firearms that are otherwise
lawfully possessed or transported in a vehicle on a driveway or
parking lot of a school, as specified.  
   By expanding the scope of an existing offense, this 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. 
   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 of the   Penal
Code   is amended to read: 
   602.  Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
   (a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
   (b) Carrying away any kind of wood or timber lying on those lands.

   (c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
   (d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
   (e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
   (f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
   (g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
   (h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
   (2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
   (3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
   (i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
   (j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
   (k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
   (l) Entering 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
   (1) Refusing or failing 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, or
   (2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
   (3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
   (4) Discharging any firearm.
   (m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
   (n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
   (o) Refusing or failing 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 (1) 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 (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the 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. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
   (p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
   (q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
   (r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
   (s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
   (t) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed 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, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
   This subdivision shall apply only to a person who has been
convicted of a  violent felony, as specified in subdivision
(c) of Section 667.5,   crime  committed upon the
particular private property. A single notification or request to the
person as set forth above shall be valid and enforceable under this
subdivision unless and until rescinded by the owner, the owner's
agent, or the person in lawful possession of the property.
   (u) (1) Knowingly entering, by an unauthorized person, upon any
airport or passenger vessel terminal operations area if the area has
been posted with notices restricting access to authorized personnel
only and the postings occur not greater than every 150 feet along the
exterior boundary, to the extent, in the case of a passenger vessel
terminal, as defined in subparagraph (B) of paragraph (3), that the
exterior boundary extends shoreside. To the extent that the exterior
boundary of a passenger vessel terminal operations area extends
waterside, this prohibition shall apply if notices have been posted
in a manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the captain of
the port.
   (2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
   (A) By a fine not exceeding one hundred dollars ($100).
   (B) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport or passenger vessel terminal
after being requested to leave by a peace officer or authorized
personnel.
   (C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
for a second or subsequent offense.
   (3) As used in this subdivision the following definitions shall
control:
   (A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
   (B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
   (C) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card.
   (D) "Airport" means any facility whose function is to support
commercial aviation.
   (v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or passenger vessel terminal, as defined in Section 171.5.
   (2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal or passenger vessel terminal and is
responsible in any part for delays or cancellations of scheduled
flights or departures is punishable by imprisonment of not more than
one year in a county jail if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision.
   (w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
   (1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
   (2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
   (x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
   (2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
   (A) As an infraction, by a fine not exceeding one hundred dollars
($100).
   (B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or both, if the
person refuses to leave the posted area after being requested to
leave by a peace officer or other authorized person.
   (C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or both, for a
second or subsequent offense.
   (D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
   (y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.

   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.  All matter omitted in this version of
the bill appears in the bill as amended in the Assembly, June 1,
2009. (JR11)