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)


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        |COMMITTEE VOTE:  |5-0  |(August 26, 2010)   |RECOMMENDATION: |concur    |
        |                 |     |                    |                |          |
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        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.









                                                                            
         AB 668
                                                                Page  2

         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  
          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  








                                                                            
         AB 668
                                                                Page  3

          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 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: 0006805