BILL NUMBER: SB 492	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2009

INTRODUCED BY   Senator Maldonado
    (   Coauthors:   Senators  
Ashburn,   Cox,   and Runner   ) 


                        FEBRUARY 26, 2009

   An act to amend Section 653b of the Penal Code, relating to
loitering.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 492, as amended, Maldonado. Loitering:  registered
  criminal  street gangs.
   Under existing law, it is a misdemeanor for any person to loiter
after being asked to leave, as specified, about any school or public
place at or near which children attend or normally congregate.
Existing law establishes enhanced misdemeanor penalties for this
crime if the person is required to register as a sex offender.

   This bill would also apply these enhanced penalties for that crime
if the person has ever been required to register for criminal street
gang activity. The bill would specify that the minimum penalties in
these enhanced penalties shall not be applied if they would prevent
an offender from attending school if that offender is enrolled in
school and is subject to these enhanced penalties only because he or
she has been required to register for criminal street gang activity,
as specified. Because the bill would increase the penalties of an
existing crime, the bill would impose a state-mandated local program.
 
   This bill would provide enhanced penalties for this crime if the
person has been previously convicted of, or had a petition sustained
in juvenile court for, any of specified criminal street gang
offenses. The bill would require the court to impose upon these
defendants a condition prohibiting the defendant from entering the
grounds of a school without the express permission of the chief
administrative officer of the school. The bill would allow the court
to excuse a defendant from this condition under certain
circumstances. Because the bill would increase the penalties for an
existing crime, the bill 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 653b of the Penal Code is amended to read:
   653b.  (a) Except as provided in subdivision (b)  or (c) 
, every person who loiters about any school or public place at or
near which children attend or normally congregate and who remains at
any school or public place at or near which children attend or
normally congregate, or who reenters or comes upon a school or place
within 72 hours, after being asked to leave by the chief
administrative official of that school or, in the absence of the
chief administrative official, the person acting as the chief
administrative official, or by a member of the security patrol of the
school district who has been given authorization, in writing, by the
chief administrative official of that school to act as his or her
agent in performing this duty, or a city police officer, or sheriff
or deputy sheriff, or Department of the California Highway Patrol
peace officer is a vagrant, and is punishable by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for not exceeding six months, or by both the fine and the
imprisonment.
   (b) Every person required to register as a sex offender 
or who has ever been required to register for criminal street gang
activity pursuant to Section 186.30 of the Penal Code  who
violates subdivision (a) shall be punished as follows:
   (1) Upon a first conviction, by a fine not exceeding two thousand
dollars ($2,000), by imprisonment in a county jail for a period of
not more than six months, or by both that fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of this section or former Section 653g, by imprisonment in
a county jail for a period of not less than 10 days or more than six
months, or by both imprisonment and a fine of not exceeding two
thousand dollars ($2,000), and shall not be released on probation,
parole, or any other basis until he or she has served at least 10
days.
   (3) If the defendant has been previously convicted two or more
times of a violation of this section or former Section 653g, by
imprisonment in a county jail for a period of not less than 90 days
or more than six months, or by both imprisonment and a fine of not
exceeding two thousand dollars ($2,000), and shall not be released on
probation, parole, or any other basis until he or she has served at
least 90 days. 
   (4) Notwithstanding any other provision in this subdivision, the
minimum penalties in this subdivision shall not be applied if they
would prevent any person who has been required to register for
criminal street gang activity and who is enrolled in school from
attending school if this subdivision only applies to that person
because that person has been required to register for criminal street
gang activity.  
   (c) (1) Any person described in subdivision (b) of Section 186.30
who violates subdivision (a) shall be punished as follows:  

   (A) Upon first conviction, by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in a county jail for a period of
not more than one year, or by both that fine and imprisonment. 

   (B) Upon a second conviction, by a fine not exceeding two thousand
dollars ($2,000), by imprisonment in a county jail for a period of
not more than one year, or by both that fine and imprisonment. The
court shall consider a period of imprisonment of at least 10 days.
 
   (C) If the defendant has been previously convicted two or more
times, by a fine not exceeding two thousand dollars ($2,000), by
imprisonment in a county jail for a period of not more than one year,
or by both that fine and imprisonment. The court shall consider a
period of imprisonment of at least 90 days.  
   (2) If the court grants probation to a defendant who was convicted
of, or for whom a petition was sustained for, a violation of
subdivision (a) and the defendant is a person described in
subdivision (b) of Section 186.30, the court shall impose a condition
prohibiting the defendant from entering the grounds of a school
without the express permission of the chief administrative officer of
the school. The court may excuse a defendant from this condition in
the unusual case in which the interests of justice warrant this
excuse. The court shall state the reasons on the record for excusing
a defendant from this condition. 
   (c) 
    (d)  As used in this section, "loiter" means to delay,
to linger, or to idle about a school or public place without lawful
business for being present. 
   (d) 
    (e)  Nothing in this section shall preclude or prohibit
prosecution under any other provision of law.
  SEC. 2.  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.