BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 668| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 668 Author: Lieu (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 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. Senate Floor Amendments of 8/20/10 are double-jointing amendments to protect this bill, AB 2324 (Perez) and AB 451 (Portantino). 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 CONTINUED AB 668 Page 2 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 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 8/22/10) 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 AB 668 Page 3 return illegal, unless they have committed a violent felony. RJG:do 8/22/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****