BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 668
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 668 (Lieu)
          As Amended  August 20, 2010
          Majority vote
           
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          |ASSEMBLY:  |     |(June 2, 2009)  |SENATE: |33-0 |(August 24,    |
          |           |     |                |        |     |2010)          |
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                     (vote not relevant)

          Original Committee Reference:    PUB. S.  

           SUMMARY  :  Expands the crime of trespass to include individuals  
          convicted of any crime upon a particular premises from  
          re-entering those premises once they have been informed the  
          premises are off limits to that person.  

           The Senate amendments  delete the Assembly version of the bill,  
          and instead: 

          1)Expand the scope of trespass of a person who has been  
            convicted of specified offenses committed upon a particular  
            private property when that person is informed by a peace  
            officer that the property is not open to the particular  
            person; or they refuse to leave once asked.  This bill expands  
            the requisite prior offense upon the property from any violent  
            felony to specified citizens. 

          2)Provide that persons convicted of a violent felony may not  
            trespass indefinitely.  Where the person was convicted of any  
            other felony they may not trespass for five years.  Where the  
            person was convicted of a misdemeanor they may not trespass  
            for two years.  Where the person was convicted of a specified  
            infraction the may not trespass for one year.

          3)Double-joint this bill with AB 451 (Portantino) and AB 2324  
            (John A. Perez) to prevent chaptering issues.

           EXISTING LAW  :  
           
          1)Specifies that a person commits a trespass by 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  








                                                                  AB 668
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            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.  

          2)Clarifies that the trespass specified shall only apply to a  
            person who has been convicted of a violent felony 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.  

           AS PASSED BY THE ASSEMBLY  , this bill extended the "school zone"  
          for purposes of criminal sanctions for violating a gun-free area  
          from 1,000 feet to 1,500 feet.  Specifically, this bill:  

          1)Specified that exceptions to the possession of a pistol in a  
            school zone must be "lawfully possessed."

          2)Clarified that nothing in this section is meant to allow an  
            individual, other than those specifically exempted to possess  
            a firearm on any school facility without the written  
            permission of the school district superintendent, his or her  
            designee, or equivalent school authority.

          3)Defined a "school facility" as any building or property,  
            excluding driveways and parking lots, located on the grounds  
            of a public or private school providing instruction in  
            Kindergarten or Grades 1 to 12, inclusive.

          4)Specified that this section does not prohibit the otherwise  
            lawful possession or lawful transportation of a firearm, other  
            than a pistol, revolver, or other firearm capable of being  
            concealed upon the person, located within a vehicle while the  
            vehicle is on the driveway or the parking lot of a school. 
           
          FISCAL EFFECT  :   According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :   According to the author, "Law enforcement agencies  








                                                                  AB 668
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          have seen a significant increase in the number of repeat  
          offenders involved in shoplifting and petty theft at local  
          retailers. 

          "A common practice has been that once a person has been arrested  
          for shoplifting and petty theft in local retail establishment,  
          the retailer can request that law enforcement admonish the  
          person that they are not welcome back into the establishment.  
          The arresting law enforcement officer advises the arrested  
          person that he cannot return to the location, however, there is  
          no enforcement provision that makes sure the arrested person  
          does not return to the establishment that was subject to  
          shoplifting or petty theft. 

          "AB 668 would make it clear that when a person is arrested and  
          convicted of any crime upon a private property, and that person  
          refuses or fails to leave the property after being informed by a  
          peace officer that they are not allowed on the property, then  
          that person can be arrested for trespassing."

          This bill was substantially amended in the Senate and the  
          Assembly-approved provisions of this bill were deleted.  This  
          bill, as amended in the Senate is inconsistent with Assembly  
          actions

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 

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