BILL ANALYSIS AB 668 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 668 (Lieu) As Amended August 20, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: | |(June 2, 2009) |SENATE: |33-0 |(August 24, | | | | | | |2010) | ----------------------------------------------------------------- (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 Page 2 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 Page 3 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 FN: 0006666