BILL NUMBER: SB 1486	ENROLLED
	BILL TEXT

	PASSED THE SENATE   AUGUST 10, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 13, 2000
	AMENDED IN SENATE   APRIL 10, 2000
	AMENDED IN SENATE   MARCH 28, 2000

INTRODUCED BY   Senator Schiff

                        FEBRUARY 11, 2000

   An act to amend Section 602.5 of the Penal Code, relating to
trespass.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1486, Schiff.  Aggravated trespass.
   Existing law makes every person who enters and remains in any
noncommercial dwelling without the consent of the owner guilty of a
misdemeanor, with the exception of specified public officers and
employees.
   This bill would make every person, with the exception of specified
public officers and employees, who enters a noncommercial residence
without the owner's consent, while a resident, or another person
authorized to be in the dwelling, is present at any time during the
course of the incident, guilty of aggravated trespass punishable by
imprisonment in a county jail for not more than one year, or by a
fine of not more than $1,000, or by both that fine and imprisonment.
This bill would also authorize the court, if a person is convicted
of a misdemeanor violation of aggravated trespass, to order up to 3
years of supervised probation and to issue an order restraining the
defendant from any contact with the victim, that may be valid for up
to 3 years, upon consideration of specified factors.
   By changing the penalty for a crime, this bill would create 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.


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


  SECTION 1.  Section 602.5 of the Penal Code is amended to read:
   602.5.  (a) Every person other than a public officer or employee
acting within the course and scope of his or her employment in
performance of a duty imposed by law, who enters or remains in any
noncommercial dwelling house, apartment, or other residential place
without consent of the owner, his or her agent, or the person in
lawful possession thereof, is guilty of a misdemeanor.
   (b) Every person other than a public officer or an employee acting
within the course and scope of his employment in performance of a
duty imposed by law, who, without the consent of the owner, his or
her agent, or the person in lawful possession thereof, enters or
remains in any noncommercial dwelling house, apartment, or other
residential place while a resident, or another person authorized to
be in the dwelling, is present at any time during the course of the
incident is guilty of aggravated trespass punishable by imprisonment
in a county jail for not more than one year or by a fine of not more
than one thousand dollars ($1,000), or by both that fine and
imprisonment.
   (c) If the court grants probation, it may order a person convicted
of a misdemeanor under subdivision (b) to up to three years of
supervised probation.  It shall be a condition of probation that the
person participate in counseling, as designated by the court.
   (d) If a person is convicted of a misdemeanor under subdivision
(b), the sentencing court shall also consider issuing an order
restraining the defendant from any contact with the victim, that may
be valid for up to three years, as determined by the court.  In
determining the length of the restraining order, the court shall
consider, among other factors, the seriousness of the facts before
the court, the probability of future violations, and the safety of
the victim and his or her immediate family.
   (e) Nothing in this section shall preclude prosecution under
Section 459 or any other provision of law.
  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.