BILL NUMBER: AB 451 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 20, 2010
AMENDED IN SENATE JUNE 29, 2010
AMENDED IN SENATE MAY 28, 2010
AMENDED IN SENATE FEBRUARY 22, 2010
AMENDED IN ASSEMBLY JUNE 1, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Portantino
FEBRUARY 24, 2009
An act to amend Sections 19.8 and 602 of the Penal Code, relating
to trespassing.
LEGISLATIVE COUNSEL'S DIGEST
AB 451, as amended, Portantino. Trespass: events.
Existing law makes it unlawful for persons to engage in certain
acts of trespass and punishes most trespasses by a fine not exceeding
$1,000, imprisonment in a county jail for a period not exceeding 6
months, or by both that fine and imprisonment.
This bill would make it a trespass to knowingly enter
an annual event that is televised live and not
open to the general public , as specified, without
authorization from the person lawfully in possession of the
property, if the area has been posted so as to give reasonable notice
restricting access, as specified. This bill would make a violation
of these provisions punishable by imprisonment in a county jail not
exceeding 6 months, or by a fine not exceeding $1,000, or both, or as
an infraction, for a first offense, and by that jail sentence or a
fine of $2,000, or both, for a 2nd or subsequent offense.
By creating a new crime, this bill would impose a state-mandated
local program.
This bill would incorporate amendments to Section 19.8 of the
Penal Code proposed by AB 1675 and AB 1829, contingent on the prior
enactment of those bills.
This bill would incorporate amendments to Section 602 of the Penal
Code proposed by AB 668 and AB 2324, contingent on the prior
enactment of those bills.
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 1. Section 19.8 of the Penal Code is amended to read:
19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 652, and 853.7
of this code; subdivision (n) and subparagraph (A) of paragraph (2)
of subdivision (z) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government Code;
subdivision (c) of Section 23109 and Sections 12500, 14601.1,
27150.1, 40508, and 42005 of the Vehicle Code, and any other offense
which the Legislature makes subject to subdivision (d) of Section 17.
Except where a lesser maximum fine is expressly provided for a
violation of any of those sections, any violation which is an
infraction is punishable by a fine not exceeding two hundred fifty
dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
SEC. 1.3. Section 19.8 of the Penal
Code is amended to read:
19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13,
652, and 853.7 of this code; subdivision (n) and
subparagraph (A) of paragraph (2) of subdivision (z) of Section
602 of this code; subdivision (b) of Section 25658 and Sections
21672, 25658.5, 25661, and 25662 of the Business and Professions
Code; Section 27204 of the Government Code; subdivision (c) of
Section 23109 and Sections 12500, 14601.1, 27150.1, 40508, and 42005
of the Vehicle Code, and any other offense which the Legislature
makes subject to subdivision (d) of Section 17. Except where a lesser
maximum fine is expressly provided for a violation of any of those
sections, any violation which is an infraction is punishable by a
fine not exceeding two hundred fifty dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
SEC. 1.5. Section 19.8 of the Penal
Code is amended to read:
19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 652, and 853.7
of this code; subdivision (c) of Section 532b, and
subdivision (n) and subparagraph (A) of paragraph (2) of
subdivision (z) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government Code;
subdivision (c) of Section 23109 and Sections 12500, 14601.1,
27150.1, 40508, and 42005 of the Vehicle Code, and any other offense
which the Legislature makes subject to subdivision (d) of Section 17.
Except where a lesser maximum fine is expressly provided for a
violation of any of those sections, any violation which is an
infraction is punishable by a fine not exceeding two hundred fifty
dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
SEC. 1.7. Section 19.8 of the Penal
Code is amended to read:
19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13,
652, and 853.7 of this code; subdivision (c) of Section
532b, and subdivision (n) and subparagraph (A) of
paragraph (2) of subdivision (z) of Section 602 of this code;
subdivision (b) of Section 25658 and Sections 21672, 25658.5, 25661,
and 25662 of the Business and Professions Code; Section 27204 of the
Government Code; subdivision (c) of Section 23109 and Sections 12500,
14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any
other offense which the Legislature makes subject to subdivision (d)
of Section 17. Except where a lesser maximum fine is expressly
provided for a violation of any of those sections, any violation
which is an infraction is punishable by a fine not exceeding two
hundred fifty dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
SEC. 2. Section 602 of the Penal Code is amended to read:
602. Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
( l ) Entering 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
(1) 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, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave 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 (1) 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, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed 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, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. A
single notification or request to the person as set forth above shall
be valid and enforceable under this subdivision unless and until
rescinded by the owner, the owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport or passenger vessel terminal operations area if the area has
been posted with notices restricting access to authorized personnel
only and the postings occur not greater than every 150 feet along the
exterior boundary, to the extent, in the case of a passenger vessel
terminal, as defined in subparagraph (B) of paragraph (3), that the
exterior boundary extends shoreside. To the extent that the exterior
boundary of a passenger vessel terminal operations area extends
waterside, this prohibition shall apply if notices have been posted
in a manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the captain of
the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in the a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or both that fine and imprisonment
, if the person refuses to leave the airport or passenger
vessel terminal after being requested to leave by a peace officer or
authorized personnel.
(C) By imprisonment in the a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or both that fine and imprisonment
, for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card.
(D) "Airport" means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or passenger vessel terminal, as defined in Section 171.5.
(2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal or passenger vessel terminal and is
responsible in any part for delays or cancellations of scheduled
flights or departures is punishable by imprisonment of not more than
one year in a county jail if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision.
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or both
that fine and imprisonment , if the person refuses to leave the
posted area after being requested to leave by a peace officer or
other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or both
that fine and imprisonment , for a second or subsequent
offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.
(z) (1) Knowingly entering or remaining at an annual
event that is televised live and not open to the general
public without authorization from the person lawfully in possession
of the property, if the area has been posted so as to give reasonable
notice restricting access to authorized guests and persons with
lawful business to pursue therein. Reasonable notice is that which
would give actual notice to a reasonable person, and is posted at
each authorized entrance. The notice shall state that a person who
enters the event without authorization is subject to prosecution for
a misdemeanor.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or both
that fine and imprisonment , subject to Section 19.8, for a
first offense.
(B) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding two thousand dollars ($2,000), or both
that fine and imprisonment , for a second or subsequent
offense.
(3) For purposes of this subdivision, an event is not open to the
general public if entrance to the event is obtained through an
individual invitation or by a ticket.
(4) This subdivision does not apply to activities arising out of
labor disputes as defined in paragraph (4) of subdivision (b) of
Section 527.3 of the Code of Civil Procedure involving labor
organizations as defined in Section 1117 of the Labor Code.
SEC. 2.3. Section 602 of the Penal Code
is amended to read:
602. Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every person who willfully
commits a trespass by any of the following acts is guilty of a
misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g)
Entering upon any lands owned by any other person whereon oysters or
other shellfish are planted or growing; or injuring, gathering, or
carrying away any oysters or other shellfish planted, growing, or on
any of those lands, whether covered by water or not, without the
license of the owner or legal occupant; or damaging, destroying, or
removing, or causing to be removed, damaged, or destroyed, any
stakes, marks, fences, or signs intended to designate the boundaries
and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
( l ) Entering 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
(1) 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, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave 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 (1) 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, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) (1) Entering upon private property,
including contiguous land, real property, or structures thereon
belonging to the same owner, whether or not generally open to the
public, after having been informed 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, that the property is not open to the particular
person; or refusing or failing to leave the property upon being asked
to leave the property in the manner provided in this subdivision.
This
(2) This subdivision shall apply
only to a person who has been convicted of a violent felony,
as specified in subdivision (c) of Section 667.5,
crime committed upon the particular private property. A
(3) A single notification or
request to the person as set forth above shall be valid and
enforceable under this subdivision unless and until rescinded by the
owner, the owner's agent, or the person in lawful possession of the
property.
(4) Where the person has been convicted of a violent felony, as
described in subdivision (c) of Section 667.5, this subdivision shall
apply without time limitation. Where the person has been convicted
of any other felony, this subdivision shall apply for no more than
five years from the date of conviction. Where the person has been
convicted of a misdemeanor, this subdivision shall apply for no more
than two years from the date of conviction. Where the person was
convicted for an infraction pursuant to Section 490.1, this
subdivision shall apply for no more than one year from the date of
conviction. This subdivision shall not apply to convictions for any
other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport or passenger vessel terminal operations area if the area has
been posted with notices restricting access to authorized personnel
only and the postings occur not greater than every 150 feet along the
exterior boundary, to the extent, in the case of a passenger vessel
terminal, as defined in subparagraph (B) of paragraph (3), that the
exterior boundary extends shoreside. To the extent that the exterior
boundary of a passenger vessel terminal operations area extends
waterside, this prohibition shall apply if notices have been posted
in a manner consistent with the requirements for the shoreside
exterior boundary, or in any other manner approved by the captain of
the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in the a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and
imprisonment , if the person refuses to leave the airport or
passenger vessel terminal after being requested to leave by a peace
officer or authorized personnel.
(C) By imprisonment in the a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and
imprisonment , for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Authorized personnel" means any person who has a valid
airport identification card issued by the airport operator or has a
valid airline identification card recognized by the airport operator,
or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card.
(D) "Airport" means any facility whose function is to support
commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or passenger vessel terminal, as defined in Section 171.5.
(2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal or passenger vessel terminal and is
responsible in any part for delays or cancellations of scheduled
flights or departures is punishable by imprisonment of not more than
one year in a county jail if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision.
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment , if the person refuses
to leave the posted area after being requested to leave by a peace
officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or by
both that fine and imprisonment , for a second or
subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.
(z) (1) Knowingly entering or remaining at an annual event that is
televised live and not open to the general public without
authorization from the person lawfully in possession of the property,
if the area has been posted so as to give reasonable notice
restricting access to authorized guests and persons with lawful
business to pursue therein. Reasonable notice is that which would
give actual notice to a reasonable person, and is posted at each
authorized entrance. The notice shall state that a person who enters
the event without authorization is subject to prosecution for a
misdemeanor.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment, subject to Section 19.8, for a first
offense.
(B) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment, for a second or subsequent offense.
(3) For purposes of this subdivision, an event is not open to the
general public if entrance to the event is obtained through an
individual invitation or by a ticket.
(4) This subdivision does not apply to activities arising out of
labor disputes as defined in paragraph (4) of subdivision (b) of
Section 527.3 of the Code of Civil Procedure involving labor
organizations as defined in Section 1117 of the Labor Code.
SEC. 2.5. Section 602 of the Penal Code
is amended to read:
602. Except as provided in paragraph (2) of
subdivision (u), subdivision (v), subdivision (x), and
Section 602.8, every person who willfully commits a trespass by any
of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
( l ) Entering 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
(1) 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, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave 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 (1) 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, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises
who are engaging in activities
protected by the California or United States Constitution, or to
persons who are on the premises at the request of a resident or
management and who are not loitering or otherwise suspected of
violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) Entering upon private property, including contiguous land,
real property, or structures thereon belonging to the same owner,
whether or not generally open to the public, after having been
informed 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, that
the property is not open to the particular person; or refusing or
failing to leave the property upon being asked to leave the property
in the manner provided in this subdivision.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. A
single notification or request to the person as set forth above shall
be valid and enforceable under this subdivision unless and until
rescinded by the owner, the owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport or operations area, passenger
vessel terminal operations area , or public
transit facility if the area has been posted with notices
restricting access to authorized personnel only and the postings
occur not greater than every 150 feet along the exterior boundary, to
the extent, in the case of a passenger vessel terminal, as defined
in subparagraph (B) of paragraph (3), that the exterior boundary
extends shoreside. To the extent that the exterior boundary of a
passenger vessel terminal operations area extends waterside, this
prohibition shall apply if notices have been posted in a manner
consistent with the requirements for the shoreside exterior boundary,
or in any other manner approved by the captain of the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in the a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and
imprisonment , if the person refuses to leave the airport or
passenger vessel terminal after being requested to leave by a peace
officer or authorized personnel.
(C) By imprisonment in the a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and
imprisonment , for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section, "passenger vessel terminal" does not
include any area designated a public access area pursuant to Section
105.106 of Title 33 of the Code of Federal Regulations.
(C) "Public transit facility" has the same meaning as specified in
Section 171.7.
(C)
(D) "Authorized personnel" means any person who has a
valid airport identification card issued by the airport operator or
has a valid airline identification card recognized by the airport
operator, or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card. " Authorized
personnel" also means any person who has a valid public transit
employee identification.
(D)
(E) "Airport" means any facility whose function is to
support commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or , passenger vessel terminal,
as defined in Section 171.5 , or public transit facility, as
defined in subdivision (u), if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision, is a violation of this
subdivision, punishable by a fine of not more than five hundred
dollars ($500) for the first offense. A second and subsequent
violation is a misdemeanor, punishable by imprisonment in a county
jail for a period of not more than one year, or by a fine not to
exceed one thousand dollars ($1,000), or by both that fine and
imprisonment .
(2) A Notwithstanding paragraph (1), if a
first violation of this subdivision that is
responsible for the evacuation of an airport terminal or
, passenger vessel terminal , or public
transit facility and is responsible in any part for delays or
cancellations of scheduled flights or departures , it is
punishable by imprisonment of not more than one year in a county jail
if the sterile area is posted with a statement providing
reasonable notice that prosecution may result from a trespass
described in this subdivision .
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment , if the person refuses
to leave the posted area after being requested to leave by a peace
officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or by
both that fine and imprisonment , for a second or
subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.
(z) (1) Knowingly entering or remaining at an annual event that is
televised live and not open to the general public without
authorization from the person lawfully in possession of the property,
if the area has been posted so as to give reasonable notice
restricting access to authorized guests and persons with lawful
business to pursue therein. Reasonable notice is that which would
give actual notice to a reasonable person, and is posted at each
authorized entrance. The notice shall state that a person who enters
the event without authorization is subject to prosecution for a
misdemeanor.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment, subject to Section 19.8, for a first
offense.
(B) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment, for a second or subsequent offense.
(3) For purposes of this subdivision, an event is not open to the
general public if entrance to the event is obtained through an
individual invitation or by a ticket.
(4) This subdivision does not apply to activities arising out of
labor disputes as defined in paragraph (4) of subdivision (b) of
Section 527.3 of the Code of Civil Procedure involving labor
organizations as defined in Section 1117 of the Labor Code.
SEC. 2.7. Section 602 of the Penal Code
is amended to read:
602. Except as provided in paragraph (2) of
subdivision (u), subdivision (v), subdivision (x), and
Section 602.8, every person who willfully commits a trespass by any
of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or
timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another
anything attached to it, or its produce.
(d) Digging, taking, or carrying away from any lot situated within
the limits of any incorporated city, without the license of the
owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in any city or
town laid down on the map or plan of the city, or otherwise
recognized or established as a street, alley, avenue, or park,
without the license of the proper authorities, any earth, soil, or
stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard or
notice is intended to indicate or designate a road, or a highway, or
is intended to direct travelers from one point to another, or relates
to fires, fire control, or any other matter involving the protection
of the property, or putting up, affixing, fastening, printing, or
painting upon any property belonging to the state, or to any city,
county, town, or village, or dedicated to the public, or upon any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by any other person whereon
oysters or other shellfish are planted or growing; or injuring,
gathering, or carrying away any oysters or other shellfish planted,
growing, or on any of those lands, whether covered by water or not,
without the license of the owner or legal occupant; or damaging,
destroying, or removing, or causing to be removed, damaged, or
destroyed, any stakes, marks, fences, or signs intended to designate
the boundaries and limits of any of those lands.
(h) (1) Entering upon lands or buildings owned by any other person
without the license of the owner or legal occupant, where signs
forbidding trespass are displayed, and whereon cattle, goats, pigs,
sheep, fowl, or any other animal is being raised, bred, fed, or held
for the purpose of food for human consumption; or injuring,
gathering, or carrying away any animal being housed on any of those
lands, without the license of the owner or legal occupant; or
damaging, destroying, or removing, or causing to be removed, damaged,
or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
(2) In order for there to be a violation of this subdivision, the
trespass signs under paragraph (1) must be displayed at intervals not
less than three per mile along all exterior boundaries and at all
roads and trails entering the land.
(3) This subdivision shall not be construed to preclude
prosecution or punishment under any other provision of law,
including, but not limited to, grand theft or any provision that
provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying any
fence on the enclosed land of another, or opening any gate, bar, or
fence of another and willfully leaving it open without the written
permission of the owner, or maliciously tearing down, mutilating, or
destroying any sign, signboard, or other notice forbidding shooting
on private property.
(j) Building fires upon any lands owned by another where signs
forbidding trespass are displayed at intervals not greater than one
mile along the exterior boundaries and at all roads and trails
entering the lands, without first having obtained written permission
from the owner of the lands or the owner's agent, or the person in
lawful possession.
(k) Entering any lands, whether unenclosed or enclosed by fence,
for the purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring any
lawful business or occupation carried on by the owner of the land,
the owner's agent or by the person in lawful possession.
( l ) Entering 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
(1) 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, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any vehicle, as defined in Section 670 of the Vehicle
Code, upon real property belonging to, or lawfully occupied by,
another and known not to be open to the general public, without the
consent of the owner, the owner's agent, or the person in lawful
possession. This subdivision shall not apply to any person described
in Section 22350 of the Business and Professions Code who is making a
lawful service of process, provided that upon exiting the vehicle,
the person proceeds immediately to attempt the service of process,
and leaves immediately upon completing the service of process or upon
the request of the owner, the owner's agent, or the person in lawful
possession.
(o) Refusing or failing to leave 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 (1) 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, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall not apply to persons on the premises who are
engaging in activities protected by the California or United States
Constitution, or to persons who are on the premises at the request of
a resident or management and who are not loitering or otherwise
suspected of violating or actually violating any law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall have been posted with notices declaring the closure, at
intervals not greater than one mile along the exterior boundaries or
along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public
agency during those hours of the day or night when the building is
regularly closed to the public upon being requested to do so by a
regularly employed guard, watchman, or custodian of the public agency
owning or maintaining the building or property, if the surrounding
circumstances would indicate to a reasonable person that the person
has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or manager, and the
occupancy is exempt, pursuant to subdivision (b) of Section 1940 of
the Civil Code, from Chapter 2 (commencing with Section 1940) of
Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of
this subdivision, occupancy at a hotel or motel for a continuous
period of 30 days or less shall, in the absence of a written
agreement to the contrary, or other written evidence of a periodic
tenancy of indefinite duration, be exempt from Chapter 2 (commencing
with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil
Code.
(t) (1) Entering upon private property,
including contiguous land, real property, or structures thereon
belonging to the same owner, whether or not generally open to the
public, after having been informed 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, that the property is not open to the particular
person; or refusing or failing to leave the property upon being asked
to leave the property in the manner provided in this subdivision.
This
(2) This subdivision shall apply
only to a person who has been convicted of a violent felony,
as specified in subdivision (c) of Section 667.5,
crime committed upon the particular private property.
A
(3) A single notification or
request to the person as set forth above shall be valid and
enforceable under this subdivision unless and until rescinded by the
owner, the owner's agent, or the person in lawful possession of the
property.
(4) Where the person has been convicted of a violent felony, as
described in subdivision (c) of Section 667.5, this subdivision shall
apply without time limitation. Where the person has been convicted
of any other felony, this subdivision shall apply for no more than
five years from the date of conviction. Where the person has been
convicted of a misdemeanor, this subdivision shall apply for no more
than two years from the date of conviction. Where the person was
convicted for an infraction pursuant to Section 490.1, this
subdivision shall apply for no more than one year from the date of
conviction. This subdivision shall not apply to convictions for any
other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport or operations area, passenger
vessel terminal operations area , or public
transit facility if the area has been posted with notices
restricting access to authorized personnel only and the postings
occur not greater than every 150 feet along the exterior boundary, to
the extent, in the case of a passenger vessel terminal, as defined
in subparagraph (B) of paragraph (3), that the exterior boundary
extends shoreside. To the extent that the exterior boundary of a
passenger vessel terminal operations area extends waterside, this
prohibition shall apply if notices have been posted in a manner
consistent with the requirements for the shoreside exterior boundary,
or in any other manner approved by the captain of the port.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in the a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and
imprisonment , if the person refuses to leave the airport or
passenger vessel terminal after being requested to leave by a peace
officer or authorized personnel.
(C) By imprisonment in the a county
jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and
imprisonment , for a second or subsequent offense.
(3) As used in this subdivision the following definitions shall
control:
(A) "Airport operations area" means that part of the airport used
by aircraft for landing, taking off, surface maneuvering, loading and
unloading, refueling, parking, or maintenance, where aircraft
support vehicles and facilities exist, and which is not for public
use or public vehicular traffic.
(B) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations. For the
purposes of this section,
"passenger vessel terminal" does not include any area
designated a public access area pursuant to Section 105.106 of Title
33 of the Code of Federal Regulations.
(C) "Public transit facility" has the same meaning as specified in
Section 171.7.
(C)
(D) "Authorized personnel" means any person who has a
valid airport identification card issued by the airport operator or
has a valid airline identification card recognized by the airport
operator, or any person not in possession of an airport or airline
identification card who is being escorted for legitimate purposes by
a person with an airport or airline identification card. "Authorized
personnel" also means any person who has a valid port identification
card issued by the harbor operator, or who has a valid company
identification card issued by a commercial maritime enterprise
recognized by the harbor operator, or any other person who is being
escorted for legitimate purposes by a person with a valid port or
qualifying company identification card. " Authorized
personnel" also means any person who has a valid public transit
employee identification.
(D)
(E) "Airport" means any facility whose function is to
support commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport or , passenger vessel terminal,
as defined in Section 171.5 , or public transit facility, as
defined in subdivision (u), if the sterile area is posted with a
statement providing reasonable notice that prosecution may result
from a trespass described in this subdivision, is a violation of this
subdivision, punishable by a fine of not more than five hundred
dollars ($500) for the first offense. A second and subsequent
violation is a misdemeanor, punishable by imprisonment in a county
jail for a period of not more than one year, or by a fine not to
exceed one thousand dollars ($1,000), or by both that fine and
imprisonment .
(2) A Notwithstanding paragraph (1), if a
first violation of this subdivision that is
responsible for the evacuation of an airport terminal or
, passenger vessel terminal , or public
transit facility and is responsible in any part for delays or
cancellations of scheduled flights or departures , it is
punishable by imprisonment of not more than one year in a county jail
if the sterile area is posted with a statement providing
reasonable notice that prosecution may result from a trespass
described in this subdivision .
(w) Refusing or failing to leave a battered women's shelter at any
time after being requested to leave by a managing authority of the
shelter.
(1) A person who is convicted of violating this subdivision shall
be punished by imprisonment in a county jail for not more than one
year.
(2) The court may order a defendant who is convicted of violating
this subdivision to make restitution to a battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(x) (1) Knowingly entering or remaining in a neonatal unit,
maternity ward, or birthing center located in a hospital or clinic
without lawful business to pursue therein, if the area has been
posted so as to give reasonable notice restricting access to those
with lawful business to pursue therein and the surrounding
circumstances would indicate to a reasonable person that he or she
has no lawful business to pursue therein. Reasonable notice is that
which would give actual notice to a reasonable person, and is posted,
at a minimum, at each entrance into the area.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars
($100).
(B) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment , if the person refuses
to leave the posted area after being requested to leave by a peace
officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by
a fine not exceeding two thousand dollars ($2,000), or by
both that fine and imprisonment , for a second or
subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any person convicted under this
subdivision, it shall be a condition of probation that the person
participate in counseling, as designated by the court, unless the
court finds good cause not to impose this requirement. The court
shall require the person to pay for this counseling, if ordered,
unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding
submission to the screening and inspection of one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a courthouse or a city,
county, city and county, or state building if entrances to the
courthouse or the city, county, city and county, or state building
have been posted with a statement providing reasonable notice that
prosecution may result from a trespass described in this subdivision.
(z) (1) Knowingly entering or remaining at an annual event that is
televised live and not open to the general public without
authorization from the person lawfully in possession of the property,
if the area has been posted so as to give reasonable notice
restricting access to authorized guests and persons with lawful
business to pursue therein. Reasonable notice is that which would
give actual notice to a reasonable person, and is posted at each
authorized entrance. The notice shall state that a person who enters
the event without authorization is subject to prosecution for a
misdemeanor.
(2) Any person convicted of a violation of paragraph (1) shall be
punished as follows:
(A) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment, subject to Section 19.8, for a first
offense.
(B) By imprisonment in a county jail not exceeding six months, or
by a fine not exceeding two thousand dollars ($2,000), or by both
that fine and imprisonment, for a second or subsequent offense.
(3) For purposes of this subdivision, an event is not open to the
general public if entrance to the event is obtained through an
individual invitation or by a ticket.
(4) This subdivision does not apply to activities arising out of
labor disputes as defined in paragraph (4) of subdivision (b) of
Section 527.3 of the Code of Civil Procedure involving labor
organizations as defined in Section 1117 of the Labor Code.
SEC. 3. (a) Section 1.3 of this bill incorporates
amendments to Section 19.8 of the Penal Code proposed by both this
bill and AB 1675. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
each bill amends Section 19.8 of the Penal Code, and (3) AB 1829 is
not enacted or as enacted does not amend that section, and (4) this
bill is enacted after AB 1675, in which case Sections 1, 1.5, and 1.7
of this bill shall not become operative.
(b) Section 1.5 of this bill incorporates amendments to Section
19.8 of the Penal Code proposed by both this bill and AB 1829. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2011, (2) each bill amends Section
19.8 of the Penal Code, (3) AB 1675 is not enacted or as enacted does
not amend that section, and (4) this bill is enacted after AB 1829
in which case Sections 1, 1.3, and 1.7 of this bill shall not become
operative.
(c) Section 1.7 of this bill incorporates amendments to Section
19.8 of the Penal Code proposed by this bill, AB 1675, and AB 1829.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2011, (2) all three bills
amend Section 19.8 of the Penal Code, and (3) this bill is enacted
after AB 1675 and AB 1829, in which case Sections 1, 1.3, and 1.5 of
this bill shall not become operative.
SEC. 4. (a) Section 2.3 of this bill incorporates
amendments to Section 602 of the Penal Code proposed by both this
bill and AB 668. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2011, (2) each
bill amends Section 602 of the Penal Code, (3) AB 2324 is not enacted
or as enacted does not amend that section, and (4) this bill is
enacted after AB 668, in which case Sections 2, 2.5, and 2.7 of this
bill shall not become operative.
(b) Section 2.5 of this bill incorporates amendments to Section
602 of the Penal Code proposed by both this bill and AB 2324. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2011, (2) each bill amends Section
602 of the Penal Code, (3) AB 668 is not enacted or as enacted does
not amend that section, and (4) this bill is enacted after AB 2324 in
which case Sections 2, 2.3, and 2.7 of this bill shall not become
operative.
(c) Section 2.7 of this bill incorporates amendments to Section
602 of the Penal Code proposed by this bill, AB 668, and AB 2324. It
shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2011, (2) all three bills
amend Section 602 of the Penal Code, and (3) this bill is enacted
after AB 668 and AB 2324, in which case Sections 2, 2.3, and 2.5 of
this bill shall not become operative.
SEC. 3. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B 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 XIII
B of the California Constitution.