BILL ANALYSIS
AB 668
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 668 (Lieu)
As Amended August 20, 2010
Majority vote
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|ASSEMBLY: | |(June 2, 2009) |SENATE: |33-0 |(August 24, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: PUB. S.
SUMMARY : Expands the crime of trespass to include individuals
convicted of any crime upon a particular premises from
re-entering those premises once they have been informed the
premises are off limits to that person.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Expand the scope of trespass of a person who has been
convicted of specified offenses committed upon a particular
private property when that person is informed by a peace
officer that the property is not open to the particular
person; or they refuse to leave once asked. This bill expands
the requisite prior offense upon the property from any violent
felony to specified citizens.
2)Provide that persons convicted of a violent felony may not
trespass indefinitely. Where the person was convicted of any
other felony they may not trespass for five years. Where the
person was convicted of a misdemeanor they may not trespass
for two years. Where the person was convicted of a specified
infraction the may not trespass for one year.
3)Double-joint this bill with AB 451 (Portantino) and AB 2324
(John A. Perez) to prevent chaptering issues.
EXISTING LAW :
1)Specifies that a person commits a trespass by 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
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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.
2)Clarifies that the trespass specified shall only apply to a
person who has been convicted of a violent felony 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.
AS PASSED BY THE ASSEMBLY , this bill extended the "school zone"
for purposes of criminal sanctions for violating a gun-free area
from 1,000 feet to 1,500 feet. Specifically, this bill:
1)Specified that exceptions to the possession of a pistol in a
school zone must be "lawfully possessed."
2)Clarified that nothing in this section is meant to allow an
individual, other than those specifically exempted to possess
a firearm on any school facility without the written
permission of the school district superintendent, his or her
designee, or equivalent school authority.
3)Defined a "school facility" as any building or property,
excluding driveways and parking lots, located on the grounds
of a public or private school providing instruction in
Kindergarten or Grades 1 to 12, inclusive.
4)Specified that this section does not prohibit the otherwise
lawful possession or lawful transportation of a firearm, other
than a pistol, revolver, or other firearm capable of being
concealed upon the person, located within a vehicle while the
vehicle is on the driveway or the parking lot of a school.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "Law enforcement agencies
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have seen a significant increase in the number of repeat
offenders involved in shoplifting and petty theft at local
retailers.
"A common practice has been that once a person has been arrested
for shoplifting and petty theft in local retail establishment,
the retailer can request that law enforcement admonish the
person that they are not welcome back into the establishment.
The arresting law enforcement officer advises the arrested
person that he cannot return to the location, however, there is
no enforcement provision that makes sure the arrested person
does not return to the establishment that was subject to
shoplifting or petty theft.
"AB 668 would make it clear that when a person is arrested and
convicted of any crime upon a private property, and that person
refuses or fails to leave the property after being informed by a
peace officer that they are not allowed on the property, then
that person can be arrested for trespassing."
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. This
bill, as amended in the Senate is inconsistent with Assembly
actions
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0006666