Amended in Senate March 24, 2014

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 amended, Block. begin deleteTrespass end deletebegin insertTrespass: requests for law enforcement assistance.end insert

begin insert

Existing law makes it unlawful for a person to trespass by refusing or failing to leave land, real property, or a structure belonging to or lawfully occupied by another and not open to the general public, upon being asked to leave by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession. Existing law requires that a separate request to the peace officer be made on each occasion, except that a single request for a peace officer’s assistance may be made for a period not to exceed 6 months when the premises or property is closed to the public and posted as being closed.

end insert
begin insert

This bill would remove that 6-month limit, and would instead make the request for a peace officer’s assistance valid for the entire period in which the premises or property is closed to the public and posted as being closed.

end insert
begin delete

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.

end delete
begin delete

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

end delete

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

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

P2    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.

13(d) Digging, taking, or carrying away from any lot situated
14within the limits of any incorporated city, without the license of
15the owner or legal occupant, any earth, soil, or stone.

16(e) Digging, taking, or carrying away from land in any city or
17town laid down on the map or plan of the city, or otherwise
18recognized or established as a street, alley, avenue, or park, without
19the license of the proper authorities, any earth, soil, or stone.

20(f) Maliciously tearing down, damaging, mutilating, or
21destroying any sign, signboard, or notice placed upon, or affixed
22to, any property belonging to the state, or to any city, county, city
23and county, town or village, or upon any property of any person,
24by the state or by an automobile association, which sign, signboard,
25or notice is intended to indicate or designate a road or a highway,
26or is intended to direct travelers from one point to another, or
27relates to fires, fire control, or any other matter involving the
28protection of the property, or putting up, affixing, fastening,
29printing, or painting upon any property belonging to the state, or
30to any city, county, town, or village, or dedicated to the public, or
31upon any property of any person, without license from the owner,
32any notice, advertisement, or designation of, or any name for any
33commodity, whether for sale or otherwise, or any picture, sign, or
34device intended to call attention to it.

P3    1(g) Entering upon any lands owned by any other person whereon
2oysters or other shellfish are planted or growing; or injuring,
3gathering, or carrying away any oysters or other shellfish planted,
4growing, or on any of those lands, whether covered by water or
5not, without the license of the owner or legal occupant; or
6damaging, destroying, or removing, or causing to be removed,
7damaged, or destroyed, any stakes, marks, fences, or signs intended
8to designate the boundaries and limits of any of those lands.

9(h) (1) Entering upon lands or buildings owned by any other
10person without the license of the owner or legal occupant, where
11signs forbidding trespass are displayed, and whereon cattle, goats,
12pigs, sheep, fowl, or any other animal is being raised, bred, fed,
13or held for the purpose of food for human consumption; or injuring,
14gathering, or carrying away any animal being housed on any of
15those lands, without the license of the owner or legal occupant; or
16damaging, destroying, or removing, or causing to be removed,
17damaged, or destroyed, any stakes, marks, fences, or signs intended
18to designate the boundaries and limits of any of those lands.

19(2) In order for there to be a violation of this subdivision, the
20trespass signs under paragraph (1) shall be displayed at intervals
21not less than three per mile along all exterior boundaries and at all
22roads and trails entering the land.

23(3) This subdivision shall not be construed to preclude
24prosecution or punishment under any other provision of law,
25including, but not limited to, grand theft or any provision that
26provides for a greater penalty or longer term of imprisonment.

27(i) Willfully opening, tearing down, or otherwise destroying
28any fence on the enclosed land of another, or opening any gate,
29bar, or fence of another and willfully leaving it open without the
30written permission of the owner, or maliciously tearing down,
31mutilating, or destroying any sign, signboard, or other notice
32forbidding shooting on private property.

33(j) Building fires upon any lands owned by another where signs
34forbidding trespass are displayed at intervals not greater than one
35mile along the exterior boundaries and at all roads and trails
36entering the lands, without first having obtained written permission
37from the owner of the lands or the owner’s agent, or the person in
38lawful possession.

39(k) Entering any lands, whether unenclosed or enclosed by
40fence, for the purpose of injuring any property or property rights
P4    1or with the intention of interfering with, obstructing, or injuring
2any lawful business or occupation carried on by the owner of the
3land, the owner’s agent, or by the person in lawful possession.

4(l) Entering any lands under cultivation or enclosed by fence,
5belonging to, or occupied by, another, or entering upon uncultivated
6or unenclosed lands where signs forbidding trespass are displayed
7at intervals not less than three to the mile along all exterior
8 boundaries and at all roads and trails entering the lands without
9the written permission of the owner of the land, or the owner’s
10agent, or of the person in lawful possession, and any of the
11following:

12(1) Refusing or failing to leave the lands immediately upon
13being requested by the owner of the land, the owner’s agent or by
14the person in lawful possession to leave the lands.

15(2) Tearing down, mutilating, or destroying any sign, signboard,
16or notice forbidding trespass or hunting on the lands.

17(3) Removing, injuring, unlocking, or tampering with any lock
18on any gate on or leading into the lands.

19(4) Discharging any firearm.

20(m) Entering and occupying real property or structures of any
21kind without the consent of the owner, the owner’s agent, or the
22person in lawful possession.

23(n) Driving any vehicle, as defined in Section 670 of the Vehicle
24Code, upon real property belonging to, or lawfully occupied by,
25another and known not to be open to the general public, without
26the consent of the owner, the owner’s agent, or the person in lawful
27possession. This subdivision shall not apply to any person described
28in Section 22350 of the Business and Professions Code who is
29making a lawful service of process, provided that upon exiting the
30vehicle, the person proceeds immediately to attempt the service
31of process, and leaves immediately upon completing the service
32of process or upon the request of the owner, the owner’s agent, or
33the person in lawful possession.

34(o) Refusing or failing to leave land, real property, or structures
35belonging to or lawfully occupied by another and not open to the
36general public, upon being requested to leave by (1) a peace officer
37at the request of the owner, the owner’s agent, or the person in
38lawful possession, and upon being informed by the peace officer
39that he or she is acting at the request of the owner, the owner’s
40agent, or the person in lawful possession, or (2) the owner, the
P5    1owner’s agent, or the person in lawful possession. The owner, the
2owner’s agent, or the person in lawful possession shall make a
3separate request to the peace officer on each occasion when the
4peace officer’s assistance in dealing with a trespass is requested.
5However, a single request for a peace officer’s assistance may be
6made to cover a limited period of time not to exceed 30 days and
7identified by specific dates, during which there is a fire hazard or
8the owner, owner’s agent, or person in lawful possession is absent
9from the premises or property. In addition, a single request for a
10peace officer’s assistance may be made forbegin delete aend deletebegin insert theend insert periodbegin delete not to
11exceed six months whenend delete
begin insert in whichend insert the premises or property is closed
12to the public and posted as being closed. However, this subdivision
13shall not be applicable to persons engaged in lawful labor union
14activities which are permitted to be carried out on the property by
15the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor
16Relations Act of 1975 (Part 3.5 (commencing with Section 1140)
17of Division 2 of the Labor Code) or by the federal National Labor
18Relations Act. For purposes of this section, land, real property, or
19structures owned or operated by any housing authority for tenants
20as defined under Section 34213.5 of the Health and Safety Code
21constitutes property not open to the general public; however, this
22subdivision shall not apply to persons on the premises who are
23engaging in activities protected by the California or United States
24Constitution, or to persons who are on the premises at the request
25of a resident or management and who are not loitering or otherwise
26suspected of violating or actually violating any law or ordinance.

27(p) Entering upon any lands declared closed to entry as provided
28in Section 4256 of the Public Resources Code, if the closed areas
29shall have been posted with notices declaring the closure, at
30intervals not greater than one mile along the exterior boundaries
31or along roads and trails passing through the lands.

32(q) Refusing or failing to leave a public building of a public
33agency during those hours of the day or night when the building
34is regularly closed to the public upon being requested to do so by
35a regularly employed guard, watchperson, or custodian of the
36public agency owning or maintaining the building or property, if
37the surrounding circumstances would indicate to a reasonable
38person that the person has no apparent lawful business to pursue.

39(r) Knowingly skiing in an area or on a ski trail which is closed
40to the public and which has signs posted indicating the closure.

P6    1(s) Refusing or failing to leave a hotel or motel, where he or
2she has obtained accommodations and has refused to pay for those
3accommodations, upon request of the proprietor or manager, and
4the occupancy is exempt, pursuant to subdivision (b) of Section
51940 of the Civil Code, from Chapter 2 (commencing with Section
61940) of Title 5 of Part 4 of Division 3 of the Civil Code. For
7purposes of this subdivision, occupancy at a hotel or motel for a
8continuous period of 30 days or less shall, in the absence of a
9written agreement to the contrary, or other written evidence of a
10periodic tenancy of indefinite duration, be exempt from Chapter
112 (commencing with Section 1940) of Title 5 of Part 4 of Division
123 of the Civil Code.

13(t) (1) Entering upon private property, including contiguous
14land, real property, or structures thereon belonging to the same
15owner, whether or not generally open to the public, after having
16been informed by a peace officer at the request of the owner, the
17 owner’s agent, or the person in lawful possession, and upon being
18informed by the peace officer that he or she is acting at the request
19of the owner, the owner’s agent, or the person in lawful possession,
20that the property is not open to the particular person; or refusing
21or failing to leave the property upon being asked to leave the
22property in the manner provided in this subdivision.

23(2) This subdivision shall apply only to a person who has been
24convicted of a crime committed upon the particular private
25property.

26(3) A single notification or request to the person as set forth
27above shall be valid and enforceable under this subdivision unless
28and until rescinded by the owner, the owner’s agent, or the person
29in lawful possession of the property.

30(4) Where the person has been convicted of a violent felony, as
31described in subdivision (c) of Section 667.5, this subdivision shall
32apply without time limitation. Where the person has been convicted
33of any other felony, this subdivision shall apply for no more than
34five years from the date of conviction. Where the person has been
35convicted of a misdemeanor, this subdivision shall apply for no
36more than two years from the date of conviction. Where the person
37was convicted for an infraction pursuant to Section 490.1, this
38subdivision shall apply for no more than one year from the date
39of conviction. This subdivision shall not apply to convictions for
40any other infraction.

P7    1(u) (1) Knowingly entering, by an unauthorized person, upon
2any airport operations area, passenger vessel terminal, or public
3 transit facility if the area has been posted with notices restricting
4access to authorized personnel only and the postings occur not
5greater than every 150 feet along the exterior boundary, to the
6extent, in the case of a passenger vessel terminal, as defined in
7subparagraph (B) of paragraph (3), that the exterior boundary
8extends shoreside. To the extent that the exterior boundary of a
9passenger vessel terminal operations area extends waterside, this
10prohibition shall apply if notices have been posted in a manner
11consistent with the requirements for the shoreside exterior
12boundary, or in any other manner approved by the captain of the
13port.

14(2) Any person convicted of a violation of paragraph (1) shall
15be punished as follows:

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

17(B) By imprisonment in a county jail not exceeding six months,
18or by a fine not exceeding one thousand dollars ($1,000), or by
19both that fine and imprisonment, if the person refuses to leave the
20airport or passenger vessel terminal after being requested to leave
21by a peace officer or authorized personnel.

22(C) By imprisonment in a county jail not exceeding six months,
23or by a fine not exceeding one thousand dollars ($1,000), or by
24both that fine and imprisonment, for a second or subsequent
25offense.

26(3) As used in this subdivision, the following definitions shall
27control:

28(A) “Airport operations area” means that part of the airport used
29by aircraft for landing, taking off, surface maneuvering, loading
30and unloading, refueling, parking, or maintenance, where aircraft
31support vehicles and facilities exist, and which is not for public
32use or public vehicular traffic.

33(B) “Passenger vessel terminal” means only that portion of a
34harbor or port facility, as described in Section 105.105(a)(2) of
35Title 33 of the Code of Federal Regulations, with a secured area
36that regularly serves scheduled commuter or passenger operations.
37For the purposes of this section, “passenger vessel terminal” does
38not include any area designated a public access area pursuant to
39Section 105.106 of Title 33 of the Code of Federal Regulations.

P8    1(C) “Public transit facility” has the same meaning as specified
2in Section 171.7.

3(D) “Authorized personnel” means any person who has a valid
4airport identification card issued by the airport operator or has a
5valid airline identification card recognized by the airport operator,
6or any person not in possession of an airport or airline identification
7 card who is being escorted for legitimate purposes by a person
8with an airport or airline identification card. “Authorized
9personnel” also means any person who has a valid port
10identification card issued by the harbor operator, or who has a
11valid company identification card issued by a commercial maritime
12enterprise recognized by the harbor operator, or any other person
13who is being escorted for legitimate purposes by a person with a
14valid port or qualifying company identification card. “Authorized
15personnel” also means any person who has a valid public transit
16employee identification.

17(E) “Airport” means any facility whose function is to support
18commercial aviation.

19(v) (1) Except as permitted by federal law, intentionally
20avoiding submission to the screening and inspection of one’s
21person and accessible property in accordance with the procedures
22being applied to control access when entering or reentering a sterile
23area of an airport, passenger vessel terminal, as defined in Section
24171.5, or public transit facility, as defined in subdivision (u), if
25the sterile area is posted with a statement providing reasonable
26notice that prosecution may result from a trespass described in this
27subdivision, is a violation of this subdivision, punishable by a fine
28of not more than five hundred dollars ($500) for the first offense.
29A second and subsequent violation is a misdemeanor, punishable
30by imprisonment in a county jail for a period of not more than one
31year, or by a fine not to exceed one thousand dollars ($1,000), or
32by both that fine and imprisonment.

33(2) Notwithstanding paragraph (1), if a first violation of this
34subdivision is responsible for the evacuation of an airport terminal,
35passenger vessel terminal, or public transit facility and is
36responsible in any part for delays or cancellations of scheduled
37flights or departures, it is punishable by imprisonment of not more
38than one year in a county jail.

P9    1(w) Refusing or failing to leave a battered women’s shelter at
2any time after being requested to leave by a managing authority
3of the shelter.

4(1) A person who is convicted of violating this subdivision shall
5be punished by imprisonment in a county jail for not more than
6one year.

7(2) The court may order a defendant who is convicted of
8violating this subdivision to make restitution to a battered woman
9in an amount equal to the relocation expenses of the battered
10woman and her children if those expenses are incurred as a result
11of trespass by the defendant at a battered women’s shelter.

12(x) (1) Knowingly entering or remaining in a neonatal unit,
13maternity ward, or birthing center located in a hospital or clinic
14without lawful business to pursue therein, if the area has been
15posted so as to give reasonable notice restricting access to those
16with lawful business to pursue therein and the surrounding
17circumstances would indicate to a reasonable person that he or she
18has no lawful business to pursue therein. Reasonable notice is that
19which would give actual notice to a reasonable person, and is
20posted, at a minimum, at each entrance into the area.

21(2) Any person convicted of a violation of paragraph (1) shall
22be punished as follows:

23(A) As an infraction, by a fine not exceeding one hundred dollars
24($100).

25(B) By imprisonment in a county jail not exceeding one year,
26or by a fine not exceeding one thousand dollars ($1,000), or by
27both that fine and imprisonment, if the person refuses to leave the
28posted area after being requested to leave by a peace officer or
29other authorized person.

30(C) By imprisonment in a county jail not exceeding one year,
31or by a fine not exceeding two thousand dollars ($2,000), or by
32both that fine and imprisonment, for a second or subsequent
33offense.

34(D) If probation is granted or the execution or imposition of
35sentencing is suspended for any person convicted under this
36subdivision, it shall be a condition of probation that the person
37participate in counseling, as designated by the court, unless the
38court finds good cause not to impose this requirement. The court
39shall require the person to pay for this counseling, if ordered, unless
40good cause not to pay is shown.

P10   1(y) Except as permitted by federal law, intentionally avoiding
2submission to the screening and inspection of one’s person and
3accessible property in accordance with the procedures being applied
4to control access when entering or reentering a courthouse or a
5city, county, city and county, or state building if entrances to the
6courthouse or the city, county, city and county, or state building
7have been posted with a statement providing reasonable notice
8that prosecution may result from a trespass described in this
9subdivision.



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