Senate BillNo. 1295


Introduced by Senator Block

February 21, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

SB 1295, as introduced, Block. Trespass

Existing law makes it a unlawful for any person to willfully engage in certain acts of trespass, and punishes most trespass by a fine not exceeding $1,000, imprisonment in county jail for a period not exceeding 6 months, or by both that fine and imprisonment.

This bill would make technical, nonsubstantive changes to the provisions proscribing the crime of trespass.

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:

3

602.  

Except as provided in subdivision (u), subdivision (v),
4subdivision (x), and Section 602.8, every person who willfully
5commits a trespass by any of the following acts is guilty of a
6misdemeanor:

7(a) Cutting down, destroying, or injuring any kind of wood or
8timber standing or growing upon the lands of another.

9(b) Carrying away any kind of wood or timber lying on those
10lands.

11(c) Maliciously injuring or severing from the freehold of another
12anything attached to it, or its produce.

P2    1(d) Digging, taking, or carrying away from any lot situated
2within the limits of any incorporated city, without the license of
3the owner or legal occupant, any earth, soil, or stone.

4(e) Digging, taking, or carrying away from land in any city or
5town laid down on the map or plan of the city, or otherwise
6recognized or established as a street, alley, avenue, or park, without
7the license of the proper authorities, any earth, soil, or stone.

8(f) Maliciously tearing down, damaging, mutilating, or
9destroying any sign, signboard, or notice placed upon, or affixed
10to, any property belonging to the state, or to any city, county, city
11and county, town or village, or upon any property of any person,
12by the state or by an automobile association, which sign, signboard,
13or notice is intended to indicate or designate a road or a highway,
14or is intended to direct travelers from one point to another, or
15relates to fires, fire control, or any other matter involving the
16protection of the property, or putting up, affixing, fastening,
17printing, or painting upon any property belonging to the state, or
18to any city, county, town, or village, or dedicated to the public, or
19upon any property of any person, without license from the owner,
20any notice, advertisement, or designation of, or any name for any
21commodity, whether for sale or otherwise, or any picture, sign, or
22device intended to call attention to it.

23(g) Entering upon any lands owned by any other person whereon
24oysters or other shellfish are planted or growing; or injuring,
25gathering, or carrying away any oysters or other shellfish planted,
26growing, or on any of those lands, whether covered by water or
27not, without the license of the owner or legal occupant; or
28damaging, destroying, or removing, or causing to be removed,
29damaged, or destroyed, any stakes, marks, fences, or signs intended
30to designate the boundaries and limits of any of those lands.

31(h) (1) Entering upon lands or buildings owned by any other
32person without the license of the owner or legal occupant, where
33signs forbidding trespass are displayed, and whereon cattle, goats,
34pigs, sheep, fowl, or any other animal is being raised, bred, fed,
35or held for the purpose of food for human consumption; or injuring,
36gathering, or carrying away any animal being housed on any of
37those lands, 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(2) In order for there to be a violation of this subdivision, the
2trespass signs under paragraph (1)begin delete mustend deletebegin insert shallend insert be displayed at
3intervals not less than three per mile along all exterior boundaries
4and at all roads and trails entering the land.

5(3) This subdivision shall not be construed to preclude
6prosecution or punishment under any other provision of law,
7including, but not limited to, grand theft or any provision that
8provides for a greater penalty or longer term of imprisonment.

9(i) Willfully opening, tearing down, or otherwise destroying
10any fence on the enclosed land of another, or opening any gate,
11bar, or fence of another and willfully leaving it open without the
12written permission of the owner, or maliciously tearing down,
13mutilating, or destroying any sign, signboard, or other notice
14forbidding shooting on private property.

15(j) Building fires upon any lands owned by another where signs
16forbidding trespass are displayed at intervals not greater than one
17mile along the exterior boundaries and at all roads and trails
18entering the lands, without first having obtained written permission
19from the owner of the lands or the owner’s agent, or the person in
20lawful possession.

21(k) Entering any lands, whether unenclosed or enclosed by
22fence, for the purpose of injuring any property or property rights
23or with the intention of interfering with, obstructing, or injuring
24any lawful business or occupation carried on by the owner of the
25land, the owner’s agent, or by the person in lawful possession.

26(l) Entering any lands under cultivation or enclosed by fence,
27belonging to, or occupied by, another, or entering upon uncultivated
28or unenclosed lands where signs forbidding trespass are displayed
29at intervals not less than three to the mile along all exterior
30 boundaries and at all roads and trails entering the lands without
31the written permission of the owner of the land,begin insert orend insert the owner’s
32agent, or of the person in lawful possession, andbegin insert any of the
33followingend insert
begin insert:end insert

34(1) Refusing or failing to leave the lands immediately upon
35being requested by the owner of the land, the owner’s agent or by
36the person in lawful possession to leave the landsbegin delete, orend deletebegin insert.end insert

37(2) Tearing down, mutilating, or destroying any sign, signboard,
38or notice forbidding trespass or hunting on the landsbegin delete, orend deletebegin insert.end insert

39(3) Removing, injuring, unlocking, or tampering with any lock
40on any gate on or leading into the landsbegin delete, orend deletebegin insert.end insert

P4    1(4) Discharging any firearm.

2(m) Entering and occupying real property or structures of any
3kind without the consent of the owner, the owner’s agent, or the
4person in lawful possession.

5(n) Driving any vehicle, as defined in Section 670 of the Vehicle
6Code, upon real property belonging to, or lawfully occupied by,
7another and known not to be open to the general public, without
8the consent of the owner, the owner’s agent, or the person in lawful
9possession. This subdivision shall not apply to any person described
10in Section 22350 of the Business and Professions Code who is
11making a lawful service of process, provided that upon exiting the
12vehicle, the person proceeds immediately to attempt the service
13of process, and leaves immediately upon completing the service
14of process or upon the request of the owner, the owner’s agent, or
15the person in lawful possession.

16(o) Refusing or failing to leave land, real property, or structures
17belonging to or lawfully occupied by another and not open to the
18general public, upon being requested to leave by (1) a peace officer
19at the request of the owner, the owner’s agent, or the person in
20lawful possession, and upon being informed by the peace officer
21that he or she is acting at the request of the owner, the owner’s
22agent, or the person in lawful possession, or (2) the owner, the
23owner’s agent, or the person in lawful possession. The owner, the
24owner’s agent, or the person in lawful possession shall make a
25separate request to the peace officer on each occasion when the
26peace officer’s assistance in dealing with a trespass is requested.
27However, a single request for a peace officer’s assistance may be
28made to cover a limited period of time not to exceed 30 days and
29identified by specific dates, during which there is a fire hazard or
30the owner, owner’s agent, or person in lawful possession is absent
31from the premises or property. In addition, a single request for a
32peace officer’s assistance may be made for a period not to exceed
33six months when the premises or property is closed to the public
34and posted as being closed. However, this subdivision shall not
35be applicable to persons engaged in lawful labor union activities
36which are permitted to be carried out on the property by the
37Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
38Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
392 of the Labor Code) or by thebegin insert federalend insert National Labor Relations
40Act. For purposes of this section, land, real property, or structures
P5    1owned or operated by any housing authority for tenants as defined
2under Section 34213.5 of the Health and Safety Code constitutes
3property not open to the general public; however, this subdivision
4shall not apply to persons on the premises who are engaging in
5activities protected by the California or United States Constitution,
6or to persons who are on the premises at the request of a resident
7or management and who are not loitering or otherwise suspected
8of violating or actually violating any law or ordinance.

9(p) Entering upon any lands declared closed to entry as provided
10in Section 4256 of the Public Resources Code, if the closed areas
11shall have been posted with notices declaring the closure, at
12intervals not greater than one mile along the exterior boundaries
13or along roads and trails passing through the lands.

14(q) Refusing or failing to leave a public building of a public
15agency during those hours of the day or night when the building
16is regularly closed to the public upon being requested to do so by
17a regularly employed guard, watchperson, or custodian of the
18public agency owning or maintaining the building or property, if
19the surrounding circumstances would indicate to a reasonable
20person that the person has no apparent lawful business to pursue.

21(r) Knowingly skiing in an area or on a ski trail which is closed
22to the public and which has signs posted indicating the closure.

23(s) Refusing or failing to leave a hotel or motel, where he or
24she has obtained accommodations and has refused to pay for those
25accommodations, upon request of the proprietor or manager, and
26the occupancy is exempt, pursuant to subdivision (b) of Section
271940 of the Civil Code, from Chapter 2 (commencing with Section
281940) of Title 5 of Part 4 of Division 3 of the Civil Code. For
29purposes of this subdivision, occupancy at a hotel or motel for a
30continuous period of 30 days or less shall, in the absence of a
31written agreement to the contrary, or other written evidence of a
32periodic tenancy of indefinite duration, be exempt from Chapter
332 (commencing with Section 1940) of Title 5 of Part 4 of Division
343 of the Civil Code.

35(t) (1) Entering upon private property, including contiguous
36land, real property, or structures thereon belonging to the same
37owner, whether or not generally open to the public, after having
38been informed by a peace officer at the request of the owner, the
39owner’s agent, or the person in lawful possession, and upon being
40informed by the peace officer that he or she is acting at the request
P6    1of the owner, the owner’s agent, or the person in lawful possession,
2that the property is not open to the particular person; or refusing
3or failing to leave the property upon being asked to leave the
4property in the manner provided in this subdivision.

5(2) This subdivision shall apply only to a person who has been
6convicted of a crime committed upon the particular private
7property.

8(3) A single notification or request to the person as set forth
9above shall be valid and enforceable under this subdivision unless
10and until rescinded by the owner, the owner’s agent, or the person
11in lawful possession of the property.

12(4) Where the person has been convicted of a violent felony, as
13described in subdivision (c) of Section 667.5, this subdivision shall
14apply without time limitation. Where the person has been convicted
15of any other felony, this subdivision shall apply for no more than
16five years from the date of conviction. Where the person has been
17convicted of a misdemeanor, this subdivision shall apply for no
18more than two years from the date of conviction. Where the person
19was convicted for an infraction pursuant to Section 490.1, this
20subdivision shall apply for no more than one year from the date
21of conviction. This subdivision shall not apply to convictions for
22any other infraction.

23(u) (1) Knowingly entering, by an unauthorized person, upon
24any airport operations area, passenger vessel terminal, or public
25 transit facility if the area has been posted with notices restricting
26access to authorized personnel only and the postings occur not
27greater than every 150 feet along the exterior boundary, to the
28extent, in the case of a passenger vessel terminal, as defined in
29subparagraph (B) of paragraph (3), that the exterior boundary
30extends shoreside. To the extent that the exterior boundary of a
31passenger vessel terminal operations area extends waterside, this
32prohibition shall apply if notices have been posted in a manner
33consistent with the requirements for the shoreside exterior
34boundary, or in any other manner approved by the captain of the
35port.

36(2) Any person convicted of a violation of paragraph (1) shall
37be punished as follows:

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

39(B) By imprisonment in a county jail not exceeding six months,
40or by a fine not exceeding one thousand dollars ($1,000), or by
P7    1both that fine and imprisonment, if the person refuses to leave the
2airport or passenger vessel terminal after being requested to leave
3by a peace officer or authorized personnel.

4(C) By imprisonment in a county jail not exceeding six months,
5or by a fine not exceeding one thousand dollars ($1,000), or by
6both that fine and imprisonment, for a second or subsequent
7offense.

8(3) As used in this subdivision, the following definitions shall
9control:

10(A) “Airport operations area” means that part of the airport used
11by aircraft for landing, taking off, surface maneuvering, loading
12and unloading, refueling, parking, or maintenance, where aircraft
13support vehicles and facilities exist, and which is not for public
14use or public vehicular traffic.

15(B) “Passenger vessel terminal” means only that portion of a
16harbor or port facility, as described in Section 105.105(a)(2) of
17Title 33 of the Code of Federal Regulations, with a secured area
18that regularly serves scheduled commuter or passenger operations.
19For the purposes of this section, “passenger vessel terminal” does
20not include any area designated a public access area pursuant to
21Section 105.106 of Title 33 of the Code of Federal Regulations.

22(C) “Public transit facility” has the same meaning as specified
23in Section 171.7.

24(D) “Authorized personnel” means any person who has a valid
25airport identification card issued by the airport operator or has a
26valid airline identification card recognized by the airport operator,
27or any person not in possession of an airport or airline identification
28 card who is being escorted for legitimate purposes by a person
29with an airport or airline identification card. “Authorized
30personnel” also means any person who has a valid port
31identification card issued by the harbor operator, or who has a
32valid company identification card issued by a commercial maritime
33enterprise recognized by the harbor operator, or any other person
34who is being escorted for legitimate purposes by a person with a
35valid port or qualifying company identification card. “Authorized
36personnel” also means any person who has a valid public transit
37employee identification.

38(E) “Airport” means any facility whose function is to support
39commercial aviation.

P8    1(v) (1) Except as permitted by federal law, intentionally
2avoiding submission to the screening and inspection of one’s
3person and accessible property in accordance with the procedures
4being applied to control access when entering or reentering a sterile
5area of an airport, passenger vessel terminal, as defined in Section
6171.5, or public transit facility, as defined in subdivision (u), if
7the sterile area is posted with a statement providing reasonable
8notice that prosecution may result from a trespass described in this
9subdivision, is a violation of this subdivision, punishable by a fine
10of not more than five hundred dollars ($500) for the first offense.
11A second and subsequent violation is a misdemeanor, punishable
12by imprisonment in a county jail for a period of not more than one
13year, or by a fine not to exceed one thousand dollars ($1,000), or
14by both that fine and imprisonment.

15(2) Notwithstanding paragraph (1), if a first violation of this
16subdivision is responsible for the evacuation of an airport terminal,
17passenger vessel terminal, or public transit facility and is
18responsible in any part for delays or cancellations of scheduled
19flights or departures, it is punishable by imprisonment of not more
20than one year in a county jail.

21(w) Refusing or failing to leave a battered women’s shelter at
22any time after being requested to leave by a managing authority
23of the shelter.

24(1) A person who is convicted of violating this subdivision shall
25be punished by imprisonment in a county jail for not more than
26one year.

27(2) The court may order a defendant who is convicted of
28violating this subdivision to make restitution to a battered woman
29in an amount equal to the relocation expenses of the battered
30woman and her children if those expenses are incurred as a result
31of trespass by the defendant at a battered women’s shelter.

32(x) (1) Knowingly entering or remaining in a neonatal unit,
33maternity ward, or birthing center located in a hospital or clinic
34without lawful business to pursue therein, if the area has been
35posted so as to give reasonable notice restricting access to those
36with lawful business to pursue therein and the surrounding
37circumstances would indicate to a reasonable person that he or she
38has no lawful business to pursue therein. Reasonable notice is that
39which would give actual notice to a reasonable person, and is
40posted, at a minimum, at each entrance into the area.

P9    1(2) Any person convicted of a violation of paragraph (1) shall
2be punished as follows:

3(A) As an infraction, by a fine not exceeding one hundred dollars
4($100).

5(B) By imprisonment in a county jail not exceeding one year,
6or by a fine not exceeding one thousand dollars ($1,000), or by
7both that fine and imprisonment, if the person refuses to leave the
8posted area after being requested to leave by a peace officer or
9other authorized person.

10(C) By imprisonment in a county jail not exceeding one year,
11or by a fine not exceeding two thousand dollars ($2,000), or by
12both that fine and imprisonment, for a second or subsequent
13offense.

14(D) If probation is granted or the execution or imposition of
15sentencing is suspended for any person convicted under this
16subdivision, it shall be a condition of probation that the person
17participate in counseling, as designated by the court, unless the
18court finds good cause not to impose this requirement. The court
19shall require the person to pay for this counseling, if ordered, unless
20good cause not to pay is shown.

21(y) Except as permitted by federal law, intentionally avoiding
22submission to the screening and inspection of one’s person and
23accessible property in accordance with the procedures being applied
24to control access when entering or reentering a courthouse or a
25city, county, city and county, or state building if entrances to the
26courthouse or the city, county, city and county, or state building
27have been posted with a statement providing reasonable notice
28that prosecution may result from a trespass described in this
29subdivision.



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