BILL NUMBER: AB 1675	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2010
	AMENDED IN ASSEMBLY  APRIL 15, 2010
	AMENDED IN ASSEMBLY  MARCH 10, 2010

INTRODUCED BY   Assembly Member Hagman
   (Coauthors: Assembly Members DeVore, Gilmore, Jones, Smyth, and
Solorio)

                        JANUARY 21, 2010

   An act to  amend Section 19.8 of, and to  add Section
602.13 to  ,  the Penal Code, relating to trespassing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1675, as amended, Hagman. Trespassing: animal enclosures at
 zoos.   zoos, circuses, and traveling animal
exhibits. 
   Under existing law, every person who willfully enters and occupies
real property without the consent of the owner, owner's agent, or
person in lawful possession, is guilty of a misdemeanor.
   This bill would, with exemptions for employees and public
officers, make it an infraction or a misdemeanor to enter an animal
enclosure at a zoo, defined to include a public aquarium,  or at
a circus or traveling animal exhibit,  without the consent of
the  zoo's  governing authority  of the zoo,
circus, or traveling animal exhibit,  or  a 
representative  of that governing authority  . Because this
bill would create a new crime, it would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 19.8 of the   Penal
Code   is amended to read: 
   19.8.  The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555,  602.13,
 652, and 853.7 of this code; subdivision (n) of Section 602 of
this code; subdivision (b) of Section 25658 and Sections 21672,
25658.5, 25661, and 25662 of the Business and Professions Code;
Section 27204 of the Government Code; subdivision (c) of Section
23109 and Sections 12500, 14601.1, 27150.1, 40508, and 42005 of the
Vehicle Code, and any other offense which the Legislature makes
subject to subdivision (d) of Section 17. Except where a lesser
maximum fine is expressly provided for a violation of any of those
sections, any violation which is an infraction is punishable by a
fine not exceeding two hundred fifty dollars ($250).
   Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
   SECTION 1.   SEC. 2.   Section 602.13 is
added to the Penal Code, to read:
   602.13.  (a) Every person  , other than an employee of the
zoo acting within the course of his or her employment, or a public
officer acting within the course and scope of his or her employment
in performance of a duty imposed by law,  who enters into an
animal enclosure at a zoo,  where   circus, or
traveling animal exhibit, if the zoo, circus, or exhibit is licensed
or permitted to display living animals to the public, and if 
signs prohibiting entrance into the  zoo's  animal
enclosures have been posted either at the  zoo's 
entrance  to the zoo, circus, or traveling animal exhibit, 
or on the animal enclosure itself, without the consent of the
 zoo's  governing authority  of the zoo, circus,
or traveling animal exhibit  , or a representative  of
the zoo  authorized by the  zoo's 
governing authority, is guilty of an infraction or a misdemeanor 
, subject to   Section 19.8. This subdivision shall not
apply to an employee of the zoo, circus, or traveling animal exhibit,
or to a public officer acting within the course and scope of his or
her employment  .
   (b) For purposes of this section, "zoo" means a permanent or
semipermanent collection of living animals kept in enclosures for the
purpose of displaying the animals to the public. The term "zoo"
includes a public aquarium displaying aquatic animals.
   (c) For purposes of this section, an "animal enclosure" 
includes, but is not limited to, an aquarium or tank used to house or
display aquatic animals.  means the interior of any
cage, stall, container, pen, aquarium or tank, or other discrete
containment area that is used to house or display an  
animal and that is not generally accessible to the public. 
   (d) Prosecution under this section does not preclude prosecution
under any other provision of law.
   SEC. 2.   SEC. 3.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.