BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 668|
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THIRD READING
Bill No: AB 668
Author: Lieu (D)
Amended: 8/20/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/22/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : Trespass
SOURCE : Los Angeles County Sheriff
DIGEST : This bill expands the crime of trespass to
include persons who, after having been convicted of crime
on a particular property, go onto that property over the
objections of the owner, as specified.
Senate Floor Amendments of 8/20/10 are double-jointing
amendments to protect this bill, AB 2324 (Perez), and AB
451 (Portantino).
ANALYSIS : Existing law makes it unlawful for persons to
engage in certain acts of trespass. In particular it is
unlawful for a person who has been convicted of a violent
felony committed upon a particular private property to
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enter upon that property after having been informed by a
peace officer that the property is not open to the
particular person; or to refuse or fail to leave the
property upon being asked to leave the property, as
specified.
This bill expands the scope of this offense by providing
that during a specified timeframe it is unlawful for a
person who has been convicted of any crime felony, any
misdemeanor, or a specified infraction, committed upon a
particular private property, to enter or refuse or fail to
leave that property after being informed by a peace officer
that the property is not open to the particular person, or
to refuse or fail to leave when asked, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/22/10)
Los Angeles County Sheriff (source)
California Grocers Association
California Retailers Association
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author's office,
the problem this bill is trying to address deals
specifically with trespassing as it relates to crimes
committed on private property. Law enforcement agencies
and both small and large retail businesses have seen an
increase in the number of repeat offenders involved in
shoplifting and petty theft in local retail shops. A
common practice has been that once a person has been
arrested for shoplifting or petty theft in a retail
establishment, the retailer can request that law
enforcement admonish the person that they are not welcome
back into the establishment. Normally after such a
request, the arresting law enforcement officer will comply
and advise the arrested person that they cannot return to
the location. Unfortunately, this advisement has no
enforcement provision. So if a retailer recognizes a
person who they know has been advised not to return to the
establishment, there is nothing in code that makes their
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return illegal, unless they have committed a violent
felony.
RJG:do 8/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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