Amended in Senate May 27, 2014

Amended in Senate March 24, 2014

Senate Bill No. 1295

Introduced by Senator Block

begin insert

(Coauthor: Senator Anderson)

end insert

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. Trespass: requests for law enforcement assistance.

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.

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 begin delete in end delete begin insert during end insert which the premises or property is closed to the public and posted as being closed. begin insert The bill would require the requestor to inform the law enforcement agency to which the request was made when the assistance is no longer desired. The bill would also provide that the request for assistance expires upon transfer of ownership of the property or upon a change in the person in lawful possession. end insert

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

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

SECTION 1.  

Section 602 of the Penal Code is amended to
read:

602.  

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(l) Entering 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, or the owner’s
agent, or of the person in lawful possession, and any of the
following:

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

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

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

(4) Discharging any firearm.

(m) 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.

(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, 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. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is
making a lawful service of process, provided that upon exiting the
vehicle, the person proceeds immediately to attempt the service
of process, and leaves immediately upon completing the service
of process or upon the request of the owner, the owner’s agent, or
the person in lawful possession.

(o) Refusing or failing to leave 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 (1) 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 (2) the owner, the
owner’s agent, or the person in lawful possession. The owner, the
owner’s agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the
peace officer’s assistance in dealing with a trespass is requested.
However, a single request for a peace officer’s assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner’s agent, or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer’s assistance may be made for the period begin delete in end delete begin insert during end insert
which the premises or property is closed to the public and posted
as being closed. begin insert The requestor shall inform the law enforcement
agency to which the request was made when the assistance is no
longer desired. The request for assistance shall expire upon
transfer of ownership of the property or upon a change in the
person in lawful possession. end insert However, this subdivision shall not
be applicable to persons engaged in lawful labor union activities
which are permitted to be carried out on the property by the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations
Act of 1975 (Part 3.5 (commencing with Section 1140) of Division
2 of the Labor Code) or by the federal National Labor Relations
Act. For purposes of this section, land, real property, or structures
owned or operated by any housing authority for tenants as defined
under Section 34213.5 of the Health and Safety Code constitutes
property not open to the general public; however, this subdivision
shall not apply to persons on the premises who are engaging in
activities protected by the California or United States Constitution,
or to persons who are on the premises at the request of a resident
or management and who are not loitering or otherwise suspected
of violating or actually violating any law or ordinance.

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

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

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

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

(t) (1) Entering upon private property, including contiguous
land, real property, or structures thereon belonging to the same
owner, whether or not generally open to the public, after having
been informed 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,
that the property is not open to the particular person; or refusing
or failing to leave the property upon being asked to leave the
property in the manner provided in this subdivision.

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

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

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

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

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

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

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

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

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

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

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

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

(D) “Authorized personnel” means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline identification
card who is being escorted for legitimate purposes by a person
with an airport or airline identification card. “Authorized
personnel” also means any person who has a valid port
identification card issued by the harbor operator, or who has a
valid company identification card issued by a commercial maritime
enterprise recognized by the harbor operator, or any other person
who is being escorted for legitimate purposes by a person with a
valid port or qualifying company identification card. “Authorized
personnel” also means any person who has a valid public transit
employee identification.

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

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

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

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

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

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

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

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

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

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

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

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

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