BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 668|
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                                 THIRD READING


          Bill No:  AB 668
          Author:   Lieu (D)
          Amended:  7/1/10 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

           SOURCE  :     Los Angeles County Sheriff


           DIGEST  :    This bill expands the crime of trespass to  
          include persons who, after having been convicted of crime  
          on a particular property, go onto that property over the  
          objections of the owner, as specified.

           ANALYSIS  :    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  
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          specified.

          This bill expands the scope of this offense by providing  
          that during a specified timeframe it is unlawful for a  
          person who has been convicted of any crime felony, any  
          misdemeanor, or a specified infraction, 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.

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

           SUPPORT  :   (Verified  8/2/10)

          Los Angeles County Sheriff (source)
          California Grocers Association
          California Retailers Association
          California State Sheriffs' Association


           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          the problem this bill is trying to address deals  
          specifically with trespassing as it relates to crimes  
          committed on private property.  Law enforcement agencies  
          and both small and large retail businesses have seen an  
          increase in the number of repeat offenders involved in  
          shoplifting and petty theft in local retail shops.  A  
          common practice has been that once a person has been  
          arrested for shoplifting or petty theft in a retail  
          establishment, the retailer can request that law  
          enforcement admonish the person that they are not welcome  
          back into the establishment.  Normally after such a  
          request, the arresting law enforcement officer will comply  
          and advise the arrested person that they cannot return to  
          the location.  Unfortunately, this advisement has no  
          enforcement provision.  So if a retailer recognizes a  
          person who they know has been advised not to return to the  
          establishment, there is nothing in code that makes their  
          return illegal, unless they have committed a violent  
          felony.









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          RJG:do  8/2/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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