BILL ANALYSIS Ó
SB 1295
Page 1
Date of Hearing: June 24, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1295 (Block) - As Amended: June 18, 2014
SUMMARY : Extends from six months to twelve 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, and provides that a request for assistance shall expire
upon transfer of ownership of the property or upon change of the
person in lawful possession.
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 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. (Pen. Code § 602, subd. (o).)
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.
(Pen. Code § 602, subd. (m).)
3)Declares that it is a misdemeanor punishable by imprisonment
in the county jail not exceeding six months, by a fine not
exceeding $1,000, or by both imprisonment or a fine to enter
any lands under cultivation or enclosed by fence, belonging
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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 of 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. (Pen. Code § 602, subd. (l).)
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 or 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. (Pen. Code § 602.1, subds. (a)& (c).)
5)States that any person who, without the written permission of
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
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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; or,
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 or United States Constitution. (Pen. Code §
602.8.)
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. (Pen.
Code § 602, subd (n).)
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. [Pen. Code § 602, subd. (m).)
FISCAL EFFECT : Unknown
COMMENTS :
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1)Author's Statement : According to the author, "Business owners
may now file a Letter of Agency (Trespass Arrest
Authorization) to permit local police departments to enter
their property to assist with trespass violations. Penal Code
602 (o) limits the authorization period to six months.
Business owners find the limited six-month requirement
burdensome and find that the six-month re-issuance can lead to
gaps in service if a timely reauthorization is not always
possible.
"Letters of Agency are used in some cities to prevent liability
issues for police and allow them to act quickly to follow up
on acts of trespass and vandalism.
SB 1295 would amend Penal Code section 602 (o) by increasing
the six-month authorization period to one year. Under SB
1295, the property owner shall inform the law enforcement
agency to which the request was made if the assistance is no
longer desired before the one year period expires.
"Sponsor Ocean Beach Main Street Association argues that
amending the penal code section would reduce paperwork for
both small businesses and local police departments. SB 1295
adds no new law enforcement authority or penalties for
trespassers. It merely removes the burden of frequent renewal
for the property owner and processing for law enforcement."
2)Related Legislation : AB 1686 (Medina) extends from six months
to twelve 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. AB 1686 is
pending a vote on the Senate Floor.
REGISTERED SUPPORT / OPPOSITION :
Support
Ocean Beach Main Street Association
San Diego Regional Chamber of Commerce
One Private Citizen
Opposition
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California Public Defenders Association
Taxpayers for Improving Public Safety
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744