BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1675|
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                                 THIRD READING


          Bill No:  AB 1675
          Author:   Hagman (R), et al
          Amended:  6/14/10 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  :  74-0, 4/22/10 - See last page for vote


           SUBJECT  :    Trespass:  zoo, circus, animal exhibit and  
          aquarium 
                      Enclosures

           SOURCE  :     San Francisco Zoo


           DIGEST  :    This bill are to (1) define a new form of  
          trespass that would be committed where a person, without  
          consent and contrary to a posted notice, enters an animal  
          enclosure in a zoo, circus, aquarium or traveling animal  
          exhibit, and (2) provides that the offense shall be an  
          alternate misdemeanor-infraction.

           ANALYSIS  :    Existing law states that it is a misdemeanor  
          punishable by six months in county jail for every person  
          who willfully enters any lands under cultivation or  
          enclosed by fence, belonging to, or occupied by, another,  
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          or entering upon uncultivated or unenclosed lands where  
          signs forbidding trespass are displayed at intervals not  
          less than three to the mile along all exterior boundaries  
          and at all roads and trails entering the lands without the  
          written permission of the owner of the land, the owner's  
          agent or of the person in lawful possession and:

          1. Refuses or fails to leave the lands immediately upon  
             being requested by the owner of the land, the owner's  
             agent or by the person in lawful possession to leave the  
             lands.

          2. Tears down, mutilates, or destroys any sign, signboard,  
             or notice forbidding trespass or hunting on the lands.

          3. Removes, injures, unlocks, or tampers with any lock on  
             any gate on or leading into the lands.

          4. Discharges any firearm.  (Penal Code Section 602(l).]

          Existing law provides that any person who willfully enters  
          and occupies real property or structures of any kind  
          without the consent of the owner, the owner's agent, or the  
          person in lawful possession, is guilty of a misdemeanor.   
          (Penal Code Section 602(m).)

          Existing law allows for prosecution against those who  
          refuse or fail to leave land, real property, or structures  
          belonging to or lawfully occupied by another and not open  
          to the general public, upon being requested to leave 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 or the owner, the owner's agent, or  
          the person in lawful possession.  (Penal Code Section  
          602(o).)

          Existing law provides that any person who, without the  
          written permission of the landowner, the owner's agent, or  
          the person in lawful possession of the land, willfully  
          enters any lands under cultivation or enclosed by a fence,  
          belonging to, or occupied by, another, or who willfully  
          enters upon uncultivated or unenclosed lands where signs  

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          3

          forbidding trespass are displayed at intervals not less  
          than three to the mile along all exterior boundaries and at  
          all roads and trials entering lands, is guilty of a public  
          offense punishable as follows:

          1. A first offense is an infraction punishable by a fine of  
             $75.

          2. A second offense on the same land or any contiguous land  
             of the same landowner, without the permission of the  
             landowner, the landowner's agent, or the person in  
             lawful possession of the land, is an infraction  
             punishable by a fine of $250.

          3. A third or subsequent offense on the same land or any  
             contiguous land of the same landowner, without the  
             permission of the landowner, the landowner's agent, or  
             the person in lawful possession of the land, is a  
             six-month misdemeanor.  (Penal Code Section 602.8.)

          This bill makes it an alternate misdemeanor-infraction for  
          any person, without consent, to enter an animal enclosure  
          at a zoo, circus, or traveling animal exhibit, if the zoo,  
          circus or exhibit is licensed or permitted to display  
          living animals to the public.  A misdemeanor conviction is  
          punishable by up to six-months in the county jail, a fine  
          not exceed $1,000, or both.  An infraction conviction is  
          punishable by a fine of up to $250.

          This bill provides that the crime only applies if signs  
          prohibiting entrance into the animal enclosures have been  
          posted either at the entrance to the facility or exhibit or  
          on the animal enclosure.  

          This bill includes cross-references and statutory  
          provisions for the application of standard  
          alternate-misdemeanor infraction procedures to this  
          offense.

          This bill creates exemptions for a zoo employee acting  
          within the course of his or her employment and a public  
          officer acting within the course and scope of his or her  
          employment in performance of a duty imposed by law.


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          This bill defines a "zoo" as a permanent or semi-permanent  
          collection of living animals kept in enclosures for the  
          purpose of displaying the animals to the public, including  
          public aquariums displaying aquatic animals.  

          This bill provides that an "animal enclosure" is a discrete  
          containment area, such as the interior of a cage, stall,  
          pen, aquarium or tank, that is used to house or display an  
          animal and which is not generally accessible to the public.

          This bill includes an exception for a public officer acting  
          within the scope or his or her employment.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/2/10)

          San Francisco Zoo (source)


           ARGUMENTS IN SUPPORT  :    According to the author's office  
          current trespassing laws do not fully protect our zoos and  
          the endangered species in these facilities.  This bill  
          helps California zoos better protect their animals and  
          deter anyone who tries to harm them.

          The San Francisco Zoo argues in support of this bill and  
          states, "As currently interpreted, current law allows any  
          individual to enter into any zoological animal exhibit or  
          holding area despite the potential threat to themselves,  
          the living animals housed therein, the staff, or the  
          visiting public if they are not intending to 'occupy', or  
          live in, the animal exhibit or enclosure.

          "We believe this decision sets a dangerous precedent that  
          would allow anyone unsupervised or without the required  
          permissions to enter into living animal exhibits, exposing  
          themselves to serious bodily harm with the result that they  
          in turn could sue the zoological facility or the government  
          entity owning or operating the facility as a result of such  
          behavior."

           ASSEMBLY FLOOR  : 

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          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Blakeslee, Block,  
            Bradford, Brownley, Buchanan, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,  
            DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,  
            Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,  
            Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,  
            Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,  
            Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, Yamada, John A. Perez
          NO VOTE RECORDED:  Blumenfield, Caballero, Huber, Huffman,  
            Norby, Vacancy


          RJG:do  8/3/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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