SB 666, as amended, Stone. Felons: coming upon prison property.
Existing law makes it a felony for a person who was previously convicted of a felony and confined in the state prison to come upon the grounds of a prison, prison camp, prison farm, jail, or other place where prisoners are located under the custody of prison officials, or lands belonging or adjacent thereto, without the consent of the warden or other officer in charge.
This bill wouldbegin insert require that the person know or should know that he or she is required to obtain consent in order to be guilty of the above felony, and wouldend insert expand the application of thebegin delete above felonyend deletebegin insert crimeend insert
to a person who was previously convicted of a felony under the laws of the United States or any other state and who was confined in a federal prison or a prison of another state. The bill would also expand application of the crime to a person who was convicted of a felony and confined in a county jail. By expanding the application of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 4571 of the Penal Code is amended to
2read:
begin insert(a)end insertbegin insert end insertEvery person who, having been previously convicted
4of a felony under the laws of the United States, the State of
5California, or any other state, and confined in the state prison, a
6prison of any other state, a federal prison, or a county jail pursuant
7to subdivision (h) of Section 1170, without the consent of the
8warden or other officer in charge of
the state prison or prison road
9camp, or prison forestry camp, or other prison camp or prison farm
10or any other place where prisoners of the state prison are located
11under the custody of prison officials, officers or employees, or a
12jail or a county road camp in this state,begin insert and who knows or should
13know that he or she is required to obtain consent,end insert comes upon the
14grounds of any of those institutions, or lands belonging or adjacent
15thereto, is guilty of a felony.
16(b) For purposes of this section, a person was confined in a
17county jail pursuant to subdivision (h) of Section 1170 if he or she
18served an executed felony sentence pursuant to paragraph (1), (2),
19or (5) of subdivision (h) of Section
1170.
No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.
O
98