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)
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|COMMITTEE VOTE: |5-0 |(August 26, 2010) |RECOMMENDATION: |concur |
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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.
AB 668
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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
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
AB 668
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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 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: 0006805