BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1675
                                                                  Page  1

          Date of Hearing:   April 14, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 1675 (Hagman) - As Amended:  March 10, 2010 

          Policy Committee:                              Public  
          SafetyVote:  5-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill makes it a misdemeanor, punishable by up to six months  
          in county jail and/or a fine of up to $1,000, for any person,  
          other than a zoo employee or a peace officer acting in the scope  
          of employment, to enter into an animal enclosure at a zoo, as  
          defined, including an aquarium.

           FISCAL EFFECT  

          Unknown, likely negligible nonreimbursable local incarceration  
          costs, offset to a degree by increased fine revenue.  

           COMMENTS  

           1)Rationale  . The author and sponsor, the San Francisco Zoo,  
            contend it can be problematic to charge misdemeanor  
            trespassing absent proof that the offender was "occupying" the  
            property in question. This bill clarifies this situation by  
            creating what is essentially a new trespassing section  
            specific to entering animal enclosures. 

           2)Current law  makes it a misdemeanor to enter and occupy  
            property or structures without consent, a $75 infraction for  
            first-time trespass on posted lands, a $250 infraction for a  
            second offense, and a misdemeanor for a third or subsequent  
            offense.   

           3)Suggested Amendment  . The author may wish to make this new  
            crime an alternate infraction/misdemeanor, thereby affording  
            the court more discretion depending on circumstances. 









                                                                  AB 1675
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          Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081