BILL NUMBER: SB 4	ENROLLED
	BILL TEXT

	PASSED THE SENATE   AUGUST 12, 1997
	PASSED THE ASSEMBLY   AUGUST 11, 1997
	AMENDED IN ASSEMBLY   JULY 3, 1997
	AMENDED IN SENATE   MAY 1, 1997
	AMENDED IN SENATE   JANUARY 22, 1997

INTRODUCED BY  Senator Kopp

                        DECEMBER 2, 1996

   An act to amend Section 27174.2 of the Streets and Highways Code,
relating to trespass.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 4, Kopp.  Trespass:  punishment.
   (1) The Bridge and Highway District Law makes it a misdemeanor to,
among other things, climb, without permission, upon any railing,
cable, tower, or superstructure of a toll bridge.
   This bill would make these provisions applicable to climbing on
any suspender rope of the bridge or to otherwise trespass on any
portion of the bridge that is not intended for public use.  The bill
would make a violation of those provisions punishable by imprisonment
in the county jail not exceeding one year, by a fine not exceeding
$10,000, or by both that imprisonment and fine.
   The bill would require the court, if probation is granted to a
person committing any of those acts, to impose as a condition of that
probation that the person perform not less than 40 hours and not
more than 160 hours of community service, as described.  The bill
would also require a person to reimburse the bridge district for
costs resulting from a violation of these provisions.
   The bill would also make it a misdemeanor to trespass on any other
district property.
   By expanding the scope of the crime and by requiring the
imposition of certain conditions upon a person granted probation, the
bill would impose increased duties on local criminal justice
systems, thereby imposing a state-mandated local program.
  (2) 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 27174.2 of the Streets and Highways Code is
amended to read:
   27174.2.  (a) Every person who, without permission of the board or
its authorized officers or agents, climbs upon any railing, cable,
suspender rope, tower, or superstructure of any district toll bridge,
or otherwise trespasses on any portion of the bridge that is not
intended for public use, is guilty of a misdemeanor, punishable by
imprisonment in the county jail not exceeding one year, by a fine not
exceeding ten thousand dollars ($10,000), or by both that
imprisonment and fine.
   (b) Every person who trespasses on district property other than
that referred to in subdivision (a) is guilty of a misdemeanor.
   (c) If the court grants probation to any person punished under
subdivision (a), in addition to any other terms or conditions imposed
by the court, the court shall impose as a condition of that
probation that the person perform not less than 40 hours and not more
than 160 hours of community service in the county in which the
violation occurred.  To the extent practicable, the service shall
involve work in homeless shelters, programs designed for the care of
drug abuse, and hospices.  The service shall be performed during a
time that does not interfere with the person's school attendance or
employment.
   (d) Any person convicted of a violation of subdivision (a) of this
section shall reimburse the bridge district for costs resulting from
the violation.  The court shall consider the costs to the bridge
district and shall prorate the defendant's share of the costs based
on the defendant's responsibility for the acts and in accordance with
the defendant's ability to pay, as the court deems appropriate in
the interest of justice.
   (e) This section does not apply to persons engaged in the
operation, maintenance, or repair of a bridge.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.