BILL ANALYSIS Ó SB 1295 Page 1 SENATE THIRD READING SB 1295 (Block) As Amended June 18, 2014 Majority vote SENATE VOTE :37-0 PUBLIC SAFETY 7-0 -------------------------------- |Ayes:|Ammiano, Melendez, | | |Jones-Sawyer, Quirk, | | |Skinner, Stone, Waldron | | | | -------------------------------- 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, 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. 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. SB 1295 Page 2 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 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. 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 SB 1295 Page 3 States Constitution. 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 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. FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : 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 Section 602(o) limits the authorization period to six months. Business owners SB 1295 Page 4 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 [602(o)] 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." Please see the policy committee analysis for a full discussion of this bill. There is no opposition on file. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0004088