BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1295
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          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.








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          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  








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               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  








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          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 


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