BILL ANALYSIS
SB 492
Page 1
Date of Hearing: July 8, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 492 (Maldonado) - As Amended: April 23, 2009
Policy Committee: Public
SafetyVote: 4-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill increases penalties for registered gang members, as
specified, who return within 72 hours after being asked to leave
a school property or other public place at or near where
children congregate. (Current law provides for a county jail
term of up to six months and/or a fine of up to $1,000.)
Specifically, this bill:
1)Makes a first offense punishable by up to 1 year in county
jail and/or a fine of up to $1,000.
2)Makes a second offense punishable by up to 1 year in county
jail and/or a fine of up to $2,000, and requires the court to
consider at least 10 days of imprisonment.
3)Makes a third or subsequent offense punishable by up to 1 year
in county jail and/or a fine of up to $2,000, and requires the
court to consider a at least 90 days of imprisonment.
4)Provides that if the court grants probation to a defendant for
this offense, the court shall impose a condition prohibiting
the defendant from entering the grounds of a school without
the express permission of the chief administrative officer of
the school. (Current law authorizes the court to impose
conditions of probation.)
FISCAL EFFECT
1)No direct state cost.
2)Unknown, potentially moderate non-state reimbursable local
SB 492
Page 2
incarceration costs.
COMMENTS
1)Rationale . The author contends increasing penalties for
subsequent loitering offenses will deter gang members from
hanging around schools and other public places where children
congregate.
2)Suggested Amendments .
a) This bill increases the penalty for a first loitering
offense for a registered gang member from six months to one
year, making subsequent offenses punishable by one year but
larger fines. Since the purpose of the bill appears to be
to create increased penalties for subsequent offenses,
there is no need to increase the penalty for a first
offense from six months to one year. (The penalty for
first-time loitering for a registered sex offender is six
months.)
b) This committee has long protected judicial discretion.
Conditions of probation are intended to be applied on a
case by case basis. While the court may generally attach
the conditions required by this bill, it is up to the
discretion of the court, and should remain so. Staff
suggests deleting the mandatory conditions of probation.
3)Opposition . The CA Public Defenders Association and CA
Attorneys for Criminal Justice contend that "Nothing in this
bill requires the prior activity of the individual to be
related to interfering with school activities or having any
connection to minors whatsoever. While loitering may be
prohibited by current law, is it not in and of itself a
dangerous or violent crime. Nor does SB 492 require that the
individual be engaged in criminal activity at the time he or
she could be merely standing on the street near a school.
Additionally, the bill also prohibits standing in a park or
any other 'public place' where children congregate, even if
someone is just flying a kite. Despite this relatively low
bar, SB 492 permits the greatest misdemeanor punishment
available-up to one year in the county jail-for merely sitting
in one's car near a high school. This punishment may be
greater that for any prior gang act."
SB 492
Page 3
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081