BILL ANALYSIS Ó
AB 1686
Page 1
ASSEMBLY THIRD READING
AB 1686 (Medina)
As Introduced February 13, 2014
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Quirk, | | |
| |Skinner, Stone, Waldron | | |
| | | | |
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SUMMARY : Extends from six months to 12 months the time in which
a property owner may authorize a peace officer to arrest a
trespasser on private property, closed to the public and posted
as being closed, without the owner of the property being
present.
EXISTING LAW :
1)States every person who willfully enters and occupies real
property and thereafter refuses or fails to leave the 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 is guilty of a misdemeanor
punishable by imprisonment in a county jail for up to six
months, by a fine not to exceed $1,000, or by both a fine and
imprisonment.
2)Provides that every 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 punishable by
imprisonment in a county jail for up to six months, by a fine
not to exceed $1,000, or by both a fine and imprisonment.
3)Declares that it is a misdemeanor punishable by imprisonment
in the county jail not exceeding six months, by a fine not
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exceeding $1,000, or by both imprisonment or a fine to enter
any lands under cultivation or enclosed by fence, belonging
to, or occupied by, another, 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 the person in lawful possession, and:
a) Refusing or failing 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;
b) Tearing down, mutilating, or destroying any sign,
signboard, or notice forbidding trespass or hunting on the
lands;
c) Removing, injuring, unlocking, or tampering with any
lock on any gate on or leading into the lands; or,
d) Discharging any firearm.
4)Affirms that any person who intentionally interferes with any
lawful business or occupation carried on by the owner or agent
of a business establishment open to the public, by obstructing
or intimidating those attempting to carry own business or
their customers, and who refuses to leave the premises of the
business establishment after being requested to leave by the
owner, the owner's agent, or by a peace officer acting at the
request of the owner or owner's agent, is guilty of a
misdemeanor, punishable by imprisonment in a county jail for
up to 90 days, by a fine of up to $400, or by both that
imprisonment and fine. The aforementioned shall not apply to
any of the following persons:
a) Any person engaged in lawful labor union activities that
are permitted to be carried out on the property by state or
federal law; or,
b) Any person on the premises who is engaging in activities
protected by the California Constitution or the United
States Constitution.
5)States that any person who, without the written permission of
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the landowner, the owner's agent, or the person in lawful
possession of the land, willfully enters any lands under
cultivation or enclosed by fence, belonging to, or occupied
by, another, or who willfully enters 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, is guilty of a public offense.
a) Any person convicted of a violation of the
aforementioned shall be punished as follows:
i) A first offense is an infraction punishable by a
fine of $75.
ii) 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.
iii) 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
misdemeanor, punishable by imprisonment in the county
jail not exceeding six months, or by fine not exceeding
$1,000, or by both.
b) This provision shall not apply to any person on the
premises who is engaging in activities protected by the
California Constitution or United States Constitution.
6)Creates a misdemeanor for entering and occupying real property
or structures of any kind without the consent of the owner,
the owner's agent, or the person in lawful possession.
7)Provides that those driving any vehicle upon real property
belonging to, or lawfully occupied by, another and known not
to be open to the general public, without the consent of the
owner, the owner's agent, or the person in lawful possession
are guilty of a misdemeanor.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
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Legislative Counsel.
COMMENTS : According to the author, "Current law allows property
owners to fill out a 'Trespass Arrest Authorization' form and
file it with the local police department. The signed form gives
police officers authority to go onto private property, and if
they find trespassers, they can make arrests without the owner
having to be present. The verification is done through the
Trespass Arrest Authorization form so the police department
doesn't risk litigation.
"Extending arrest authorization forms from 6 to 12 months not
only strengthens the authorization of the form, but it
significantly reduces the administrative time for the police
departments processing them. Additionally, extending the arrest
authorization allows owners to file the form only once a year,
while keeping properties free from unwanted individuals for a
period of 12 months."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003094