California Legislature—2013–14 Regular Session

Assembly BillNo. 1686


Introduced by Assembly Member Medina

February 13, 2014


An act to amend Section 602 of the Penal Code, relating to trespass.

LEGISLATIVE COUNSEL’S DIGEST

AB 1686, as introduced, Medina. Trespass.

Existing law provides that a person commits a trespass, which is punishable as a misdemeanor, when he or she willfully refuses or fails to leave land, real property, or structures belonging to, or lawfully occupied by, another person and not open to the general public, after being requested to leave by a peace officer acting at the request of the owner, the owner’s agent, or the person in lawful possession, and after being informed by the peace officer that he or she was so acting, or after being requested to leave by the owner, the owner’s agent, or the person in lawful possession. Existing law permits, for the purposes of this provision, a single request to be made for a peace officer’s assistance for a period of 6 months or less when the premises or property is closed to the public and posted as being closed.

This bill would instead permit that single request to be made for a period not to exceed 12 months.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 602 of the Penal Code is amended to
2read:

P2    1

602.  

Except as provided in subdivision (u), subdivision (v),
2subdivision (x), and Section 602.8, every person who willfully
3commits a trespass by any of the following acts is guilty of a
4misdemeanor:

5(a) Cutting down, destroying, or injuring any kind of wood or
6timber standing or growing upon the lands of another.

7(b) Carrying away any kind of wood or timber lying on those
8lands.

9(c) Maliciously injuring or severing from the freehold of another
10anything attached to it, or its produce.

11(d) Digging, taking, or carrying away from any lot situated
12within the limits of any incorporated city, without the license of
13the owner or legal occupant, any earth, soil, or stone.

14(e) Digging, taking, or carrying away from land in any city or
15town laid down on the map or plan of the city, or otherwise
16recognized or established as a street, alley, avenue, or park, without
17the license of the proper authorities, any earth, soil, or stone.

18(f) Maliciously tearing down, damaging, mutilating, or
19destroying any sign, signboard, or notice placed upon, or affixed
20to, any property belonging to the state, or to any city, county, city
21and county, town or village, or upon any property of any person,
22by the state or by an automobile association, which sign, signboard,
23or notice is intended to indicate or designate a road or a highway,
24or is intended to direct travelers from one point to another, or
25relates to fires, fire control, or any other matter involving the
26protection of the property, or putting up, affixing, fastening,
27printing, or painting upon any property belonging to the state, or
28to any city, county, town, or village, or dedicated to the public, or
29upon any property of any person, without license from the owner,
30any notice, advertisement, or designation of, or any name for any
31commodity, whether for sale or otherwise, or any picture, sign, or
32device intended to call attention to it.

33(g) Entering upon any lands owned by any other person whereon
34oysters or other shellfish are planted or growing; or injuring,
35gathering, or carrying away any oysters or other shellfish planted,
36growing, or on any of those lands, whether covered by water or
37not, without the license of the owner or legal occupant; or
38damaging, destroying, or removing, or causing to be removed,
39damaged, or destroyed, any stakes, marks, fences, or signs intended
40to designate the boundaries and limits of any of those lands.

P3    1(h) (1) Entering upon lands or buildings owned by any other
2person without the license of the owner or legal occupant, where
3signs forbidding trespass are displayed, and whereon cattle, goats,
4pigs, sheep, fowl, or any other animal is being raised, bred, fed,
5or held for the purpose of food for human consumption; or injuring,
6gathering, or carrying away any animal being housed on any of
7those lands, without the license of the owner or legal occupant; or
8damaging, destroying, or removing, or causing to be removed,
9damaged, or destroyed, any stakes, marks, fences, or signs intended
10to designate the boundaries and limits of any of those lands.

11(2) In order for there to be a violation of this subdivision, the
12trespass signs under paragraph (1)begin delete mustend deletebegin insert shallend insert be displayed at
13intervals not less than three per mile along all exterior boundaries
14and at all roads and trails entering the land.

15(3) This subdivision shall not be construed to preclude
16prosecution or punishment under any other provision of law,
17including, but not limited to, grand theft or any provision that
18provides for a greater penalty or longer term of imprisonment.

19(i) Willfully opening, tearing down, or otherwise destroying
20any fence on the enclosed land of another, or opening any gate,
21bar, or fence of another and willfully leaving it open without the
22written permission of the owner, or maliciously tearing down,
23mutilating, or destroying any sign, signboard, or other notice
24forbidding shooting on private property.

25(j) Building fires upon any lands owned by another where signs
26 forbidding trespass are displayed at intervals not greater than one
27mile along the exterior boundaries and at all roads and trails
28entering the lands, without first having obtained written permission
29from the owner of the lands or the owner’s agent, or the person in
30lawful possession.

31(k) Entering any lands, whether unenclosed or enclosed by
32fence, for the purpose of injuring any property or property rights
33or with the intention of interfering with, obstructing, or injuring
34any lawful business or occupation carried on by the owner of the
35land, the owner’s agent, or by the person in lawful possession.

36(l) Entering any lands under cultivation or enclosed by fence,
37belonging to, or occupied by, another, or entering upon uncultivated
38or unenclosed lands where signs forbidding trespass are displayed
39at intervals not less than three to the mile along all exterior
40boundaries and at all roads and trails entering the lands without
P4    1the written permission of the owner of the land,begin insert orend insert the owner’s
2agent, or of the person in lawful possession, andbegin insert any of the
3following:end insert

4(1) Refusing or failing to leave the lands immediately upon
5being requested by the owner of the land, the owner’s agent or by
6the person in lawful possession to leave thebegin delete lands, orend deletebegin insert lands.end insert

7(2) Tearing down, mutilating, or destroying any sign, signboard,
8or notice forbidding trespass or hunting on thebegin delete lands, orend deletebegin insert lands.end insert

9(3) Removing, injuring, unlocking, or tampering with any lock
10on any gate on or leading into thebegin delete lands, orend deletebegin insert lands.end insert

11(4) Discharging any firearm.

12(m) Entering and occupying real property or structures of any
13kind without the consent of the owner, the owner’s agent, or the
14person in lawful possession.

15(n) Driving any vehicle, as defined in Section 670 of the Vehicle
16Code, upon real property belonging to, or lawfully occupied by,
17another and known not to be open to the general public, without
18the consent of the owner, the owner’s agent, or the person in lawful
19possession. This subdivision shall not apply to any person described
20in Section 22350 of the Business and Professions Code who is
21making a lawful service of process, provided that upon exiting the
22vehicle, the person proceeds immediately to attempt the service
23of process, and leaves immediately upon completing the service
24of process or upon the request of the owner, the owner’s agent, or
25the person in lawful possession.

26(o) Refusing or failing to leave land, real property, or structures
27belonging to or lawfully occupied by another and not open to the
28general public, upon being requested to leave by (1) a peace officer
29at the request of the owner, the owner’s agent, or the person in
30lawful possession, and upon being informed by the peace officer
31that he or she is acting at the request of the owner, the owner’s
32agent, or the person in lawful possession, or (2) the owner, the
33owner’s agent, or the person in lawful possession. The owner, the
34owner’s agent, or the person in lawful possession shall make a
35separate request to the peace officer on each occasion when the
36peace officer’s assistance in dealing with a trespass is requested.
37However, a single request for a peace officer’s assistance may be
38made to cover a limited period of time not to exceed 30 days and
39identified by specific dates, during which there is a fire hazard or
40the owner, owner’s agent, or person in lawful possession is absent
P5    1from the premises or property. In addition, a single request for a
2peace officer’s assistance may be made for a period not to exceed
3begin delete sixend deletebegin insert 12end insert months when the premises or property is closed to the public
4and posted as being closed. However, this subdivision shall not
5be applicable to persons engaged in lawful labor union activities
6which are permitted to be carried out on the property by the
7Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
8Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
92 of the Labor Code) or by thebegin insert federalend insert National Labor Relations
10Act. For purposes of this section, land, real property, or structures
11owned or operated by any housing authority for tenants as defined
12under Section 34213.5 of the Health and Safety Code constitutes
13property not open to the general public; however, this subdivision
14shall not apply to persons on the premises who are engaging in
15activities protected by the California or United States Constitution,
16or to persons who are on the premises at the request of a resident
17or management and who are not loitering or otherwise suspected
18of violating or actually violating any law or ordinance.

19(p) Entering upon any lands declared closed to entry as provided
20in Section 4256 of the Public Resources Code, if the closed areas
21shall have been posted with notices declaring the closure, at
22intervals not greater than one mile along the exterior boundaries
23or along roads and trails passing through the lands.

24(q) Refusing or failing to leave a public building of a public
25agency during those hours of the day or night when the building
26is regularly closed to the public upon being requested to do so by
27a regularly employed guard, watchperson, or custodian of the
28public agency owning or maintaining the building or property, if
29the surrounding circumstances would indicate to a reasonable
30person that the person has no apparent lawful business to pursue.

31(r) Knowingly skiing in an area or on a ski trail which is closed
32to the public and which has signs posted indicating the closure.

33(s) Refusing or failing to leave a hotel or motel, where he or
34she has obtained accommodations and has refused to pay for those
35accommodations, upon request of the proprietor or manager, and
36the occupancy is exempt, pursuant to subdivision (b) of Section
371940 of the Civil Code, from Chapter 2 (commencing with Section
381940) of Title 5 of Part 4 of Division 3 of the Civil Code. For
39purposes of this subdivision, occupancy at a hotel or motel for a
40continuous period of 30 days or less shall, in the absence of a
P6    1written agreement to the contrary, or other written evidence of a
2periodic tenancy of indefinite duration, be exempt from Chapter
32 (commencing with Section 1940) of Title 5 of Part 4 of Division
43 of the Civil Code.

5(t) (1) Entering upon private property, including contiguous
6land, real property, or structures thereon belonging to the same
7owner, whether or not generally open to the public, after having
8been informed by a peace officer at the request of the owner, the
9owner’s agent, or the person in lawful possession, and upon being
10informed by the peace officer that he or she is acting at the request
11of the owner, the owner’s agent, or the person in lawful possession,
12that the property is not open to the particular person; or refusing
13or failing to leave the property upon being asked to leave the
14property in the manner provided in this subdivision.

15(2) This subdivision shall apply only to a person who has been
16convicted of a crime committed upon the particular private
17property.

18(3) A single notification or request to the person as set forth
19above shall be valid and enforceable under this subdivision unless
20and until rescinded by the owner, the owner’s agent, or the person
21in lawful possession of the property.

22(4) Where the person has been convicted of a violent felony, as
23described in subdivision (c) of Section 667.5, this subdivision shall
24apply without time limitation. Where the person has been convicted
25of any other felony, this subdivision shall apply for no more than
26five years from the date of conviction. Where the person has been
27convicted of a misdemeanor, this subdivision shall apply for no
28more than two years from the date of conviction. Where the person
29was convicted for an infraction pursuant to Section 490.1, this
30subdivision shall apply for no more than one year from the date
31of conviction. This subdivision shall not apply to convictions for
32any other infraction.

33(u) (1) Knowingly entering, by an unauthorized person, upon
34any airport operations area, passenger vessel terminal, or public
35transit facility if the area has been posted with notices restricting
36access to authorized personnel only and the postings occur not
37greater than every 150 feet along the exterior boundary, to the
38extent, in the case of a passenger vessel terminal, as defined in
39subparagraph (B) of paragraph (3), that the exterior boundary
40extends shoreside. To the extent that the exterior boundary of a
P7    1passenger vessel terminal operations area extends waterside, this
2prohibition shall apply if notices have been posted in a manner
3consistent with the requirements for the shoreside exterior
4boundary, or in any other manner approved by the captain of the
5port.

6(2) Any person convicted of a violation of paragraph (1) shall
7be punished as follows:

8(A) By a fine not exceeding one hundred dollars ($100).

9(B) By imprisonment in a county jail not exceeding six months,
10or by a fine not exceeding one thousand dollars ($1,000), or by
11both that fine and imprisonment, if the person refuses to leave the
12airport or passenger vessel terminal after being requested to leave
13by a peace officer or authorized personnel.

14(C) By imprisonment in a county jail not exceeding six months,
15or by a fine not exceeding one thousand dollars ($1,000), or by
16both that fine and imprisonment, for a second or subsequent
17offense.

18(3) As used in this subdivision, the following definitions shall
19control:

20(A) “Airport operations area” means that part of the airport used
21by aircraft for landing, taking off, surface maneuvering, loading
22and unloading, refueling, parking, or maintenance, where aircraft
23support vehicles and facilities exist, and which is not for public
24use or public vehicular traffic.

25(B) “Passenger vessel terminal” means only that portion of a
26harbor or port facility, as described in Section 105.105(a)(2) of
27Title 33 of the Code of Federal Regulations, with a secured area
28that regularly serves scheduled commuter or passenger operations.
29For the purposes of this section, “passenger vessel terminal” does
30not include any area designated a public access area pursuant to
31Section 105.106 of Title 33 of the Code of Federal Regulations.

32(C) “Public transit facility” has the same meaning as specified
33in Section 171.7.

34(D) “Authorized personnel” means any person who has a valid
35airport identification card issued by the airport operator or has a
36valid airline identification card recognized by the airport operator,
37or any person not in possession of an airport or airline identification
38card who is being escorted for legitimate purposes by a person
39with an airport or airline identification card. “Authorized
40personnel” also means any person who has a valid port
P8    1identification card issued by the harbor operator, or who has a
2valid company identification card issued by a commercial maritime
3enterprise recognized by the harbor operator, or any other person
4who is being escorted for legitimate purposes by a person with a
5valid port or qualifying company identification card. “Authorized
6personnel” also means any person who has a valid public transit
7employee identification.

8(E) “Airport” means any facility whose function is to support
9commercial aviation.

10(v) (1) Except as permitted by federal law, intentionally
11avoiding submission to the screening and inspection of one’s
12person and accessible property in accordance with the procedures
13being applied to control access when entering or reentering a sterile
14area of an airport, passenger vessel terminal, as defined inbegin delete Section
15171.5,end delete
begin insert subdivision (u),end insert or public transit facility, as defined in
16begin delete subdivision (u),end deletebegin insert Section 171.5,end insert if the sterile area is posted with a
17statement providing reasonable notice that prosecution may result
18from a trespass described in this subdivision, is a violation of this
19subdivision, punishable by a fine of not more than five hundred
20dollars ($500) for the first offense. A second and subsequent
21violation is a misdemeanor, punishable by imprisonment in a
22county jail for a period of not more than one year, or by a fine not
23to exceed one thousand dollars ($1,000), or by both that fine and
24imprisonment.

25(2) Notwithstanding paragraph (1), if a first violation of this
26subdivision is responsible for the evacuation of an airport terminal,
27passenger vessel terminal, or public transit facility and is
28responsible in any part for delays or cancellations of scheduled
29flights or departures, it is punishable by imprisonment of not more
30than one year in a county jail.

31(w) Refusing or failing to leave a battered women’s shelter at
32any time after being requested to leave by a managing authority
33of the shelter.

34(1) A person who is convicted of violating this subdivision shall
35be punished by imprisonment in a county jail for not more than
36one year.

37(2) The court may order a defendant who is convicted of
38violating this subdivision to make restitution to a battered woman
39in an amount equal to the relocation expenses of the battered
P9    1woman and her children if those expenses are incurred as a result
2of trespass by the defendant at a battered women’s shelter.

3(x) (1) Knowingly entering or remaining in a neonatal unit,
4maternity ward, or birthing center located in a hospital or clinic
5without lawful business to pursue therein, if the area has been
6posted so as to give reasonable notice restricting access to those
7with lawful business to pursue therein and the surrounding
8circumstances would indicate to a reasonable person that he or she
9has no lawful business to pursue therein. Reasonable notice is that
10which would give actual notice to a reasonable person, and is
11posted, at a minimum, at each entrance into the area.

12(2) Any person convicted of a violation of paragraph (1) shall
13be punished as follows:

14(A) As an infraction, by a fine not exceeding one hundred dollars
15($100).

16(B) By imprisonment in a county jail not exceeding one year,
17or by a fine not exceeding one thousand dollars ($1,000), or by
18both that fine and imprisonment, if the person refuses to leave the
19posted area after being requested to leave by a peace officer or
20other authorized person.

21(C) By imprisonment in a county jail not exceeding one year,
22or by a fine not exceeding two thousand dollars ($2,000), or by
23both that fine and imprisonment, for a second or subsequent
24offense.

25(D) If probation is granted or the execution or imposition of
26sentencing is suspended for any person convicted under this
27subdivision, it shall be a condition of probation that the person
28participate in counseling, as designated by the court, unless the
29court finds good cause not to impose this requirement. The court
30shall require the person to pay for this counseling, if ordered, unless
31good cause not to pay is shown.

32(y) Except as permitted by federal law, intentionally avoiding
33submission to the screening and inspection of one’s person and
34accessible property in accordance with the procedures being applied
35to control access when entering or reentering a courthouse or a
36city, county, city and county, or state building if entrances to the
37courthouse or the city, county, city and county, or state building
38have been posted with a statement providing reasonable notice
P10   1that prosecution may result from a trespass described in this
2subdivision.



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