AB 660: Public agencies: unlawful interference.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-09-30
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor.
This bill would make it an infraction to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor.
This bill would make it an infraction to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor.
This bill would make it an infraction to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor.
This bill would make it an infraction to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor.
This bill would make it a misdemeanor an infraction to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor.
This bill would make it a misdemeanor to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor.
This bill would make it a misdemeanor to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. By expanding the scope of a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law imposes certain restrictions on activities and communications on or near government property.This bill would make it unlawful for a person to engage in commercial activity at or on the premises of a county clerks office. The bill would define commercial activity as any 3rd-party, in-person activity where the primary purpose is to initiate a commercial transaction, with specified exceptions. The bill would make a first violation of these provisions an infraction and a 2nd or subsequent violation an infraction or a misdemeanor, punishable as specified. By creating new crimes, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law imposes certain restrictions on activities and communications on or near government property.
This bill would state the intent of the Legislature to enact legislation relating to solicitation on the premises of a county clerks office. make it unlawful for a person to engage in commercial activity at or on the premises of a county clerks office. The bill would define commercial activity as any 3rd-party, in-person activity where the primary purpose is to initiate a commercial transaction, with specified exceptions. The bill would make a first violation of these provisions an infraction and a 2nd or subsequent violation an infraction or a misdemeanor, punishable as specified. By creating new crimes, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law imposes certain restrictions on activities and communications on or near government property.
This bill would state the intent of the Legislature to enact legislation relating to solicitation on the premises of a county clerks office.
(a)Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owners agent, or by a peace officer acting at the request of the owner or owners agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of an infraction, punishable by a fine of up to four hundred dollars ($400).
(d)This section shall not apply to any of the following persons:
(1)Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2)Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(e)Nothing in this section shall be deemed to supersede the application of any other law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owners agent, or by a peace officer acting at the request of the owner or owners agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of an infraction, punishable by a fine of up to four hundred dollars ($400).
(d)This section shall not apply to any of the following persons:
(1)Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2)Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(e)Nothing in this section shall be deemed to supersede the application of any other law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owners agent, or by a peace officer acting at the request of the owner or owners agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer or security guard acting at the request of the office manager or a supervisor of the public agency, is guilty of an infraction, punishable by a fine of up to four hundred dollars ($400).
(d)This section shall not apply to any of the following persons:
(1)Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2)Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(e)Nothing in this section shall be deemed to supersede the application of any other law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owners agent, or by a peace officer acting at the request of the owner or owners agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer or security guard acting at the request of the office manager or a supervisor of the public agency, is guilty of an infraction, punishable by a fine of up to four hundred dollars ($400).
(d)This section shall not apply to any of the following persons:
(1)Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2)Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(e)Nothing in this section shall be deemed to supersede the application of any other law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owners agent, or by a peace officer acting at the request of the owner or owners agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency, or by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of an infraction, punishable by a fine of up to four hundred dollars ($400).
(c)(d)This section shall not apply to any of the following persons:
(1)Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2)Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(d)(e)Nothing in this section shall be deemed to supersede the application of any other law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owners agent, or by a peace officer acting at the request of the owner or owners agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency, or by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c)This section shall not apply to any of the following persons:
(1)Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2)Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(d)Nothing in this section shall be deemed to supersede the application of any other law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owners agent, or by a peace officer acting at the request of the owner or owners agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b)Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by making a material misrepresentation of the law to those persons there to transact business with the public agency, or by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c)This section shall not apply to any of the following persons:
(1)Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2)Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(d)Nothing in this section shall be deemed to supersede the application of any other law.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Chapter 4.5 (commencing with Section 653.80) is added to Title 15 of Part 1 of the Penal Code, to read:4.5.Commercial Activity on Government Property653.80.It is unlawful for a person to engage in commercial activity at or on the premises of a county clerks office.653.81.(a)(1)A first violation of this chapter is an infraction.(2)A second or subsequent violation of this chapter is an infraction or a misdemeanor.(b)(1)An infraction under this chapter is punishable by a fine not exceeding two hundred fifty dollars ($250).(2)A misdemeanor under this chapter is punishable by a fine not exceeding five hundred dollars ($500), imprisonment in the county jail not exceeding 10 days, or by both that fine and imprisonment.(3)The court may order a person convicted under this chapter to serve community service in lieu of the punishment otherwise provided for an infraction or a misdemeanor under this chapter, in the amount of 20 hours for an infraction or 40 hours for a misdemeanor.653.82.For the purposes of this chapter, the following definitions apply:(a)Commercial activity means any third-party, in-person activity where the primary purpose is to initiate a commercial transaction. Commercial activity does not include either of the following:(1)Donation of funds made to a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the Internal Revenue Code.(2)Marketing, advertising, or sale of employee benefits to, or for the primary benefit of, county employees.(b)County means a county or any of its agencies, departments, or subdivisions, any associated districts, any entity for which the board of supervisors of the county serves as the legislative body, or any officer or employee thereof.(c)County clerks office means all the real property owned by a county in which a county clerk conducts business with the public, including the buildings, landscaped areas, walkways, and parking lots, located upon the parcel where transactions with the public occur. County clerks office does not include the public sidewalks on the outer perimeter of the property described in this subdivision.(d)Person means any individual, partnership, corporation, joint venture, firm, company, association, group, body politic, or other entity, and any officer, employee, agent, volunteer, trustee, assignee, contractor, or other representative thereof.653.83.If any provision of this chapter, or the application thereof, is for any reason held invalid, ineffective, or unconstitutional by a court of competent jurisdiction, the remainder of this chapter, or the application of this provision, shall not be affected thereby, and to this end the provisions of this chapter are severable.SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.It is unlawful for a person to engage in commercial activity at or on the premises of a county clerks office.
653.81.(a)(1)A first violation of this chapter is an infraction.
(2)A second or subsequent violation of this chapter is an infraction or a misdemeanor.
(b)(1)An infraction under this chapter is punishable by a fine not exceeding two hundred fifty dollars ($250).
(2)A misdemeanor under this chapter is punishable by a fine not exceeding five hundred dollars ($500), imprisonment in the county jail not exceeding 10 days, or by both that fine and imprisonment.
(3)The court may order a person convicted under this chapter to serve community service in lieu of the punishment otherwise provided for an infraction or a misdemeanor under this chapter, in the amount of 20 hours for an infraction or 40 hours for a misdemeanor.
653.82.For the purposes of this chapter, the following definitions apply:
(a)Commercial activity means any third-party, in-person activity where the primary purpose is to initiate a commercial transaction. Commercial activity does not include either of the following:
(1)Donation of funds made to a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the Internal Revenue Code.
(2)Marketing, advertising, or sale of employee benefits to, or for the primary benefit of, county employees.
(b)County means a county or any of its agencies, departments, or subdivisions, any associated districts, any entity for which the board of supervisors of the county serves as the legislative body, or any officer or employee thereof.
(c)County clerks office means all the real property owned by a county in which a county clerk conducts business with the public, including the buildings, landscaped areas, walkways, and parking lots, located upon the parcel where transactions with the public occur. County clerks office does not include the public sidewalks on the outer perimeter of the property described in this subdivision.
(d)Person means any individual, partnership, corporation, joint venture, firm, company, association, group, body politic, or other entity, and any officer, employee, agent, volunteer, trustee, assignee, contractor, or other representative thereof.
653.83.If any provision of this chapter, or the application thereof, is for any reason held invalid, ineffective, or unconstitutional by a court of competent jurisdiction, the remainder of this chapter, or the application of this provision, shall not be affected thereby, and to this end the provisions of this chapter are severable.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.It is the intent of the Legislature to enact legislation relating to solicitation on the premises of a county clerks office.It is the intent of the Legislature to enact legislation relating to solicitation on the premises of a county clerks office.
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Date
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Status
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|---|---|
| Sep 30, 2017 | Chaptered by Secretary of State - Chapter 381, Statutes of 2017. |
| Sep 30, 2017 | Approved by the Governor. |
| Sep 25, 2017 | Enrolled and presented to the Governor at 12 p.m. |
| Sep 14, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 14, 2017 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 14, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 12, 2017 | Ordered to special consent calendar. |
| Sep 11, 2017 | Read second time. Ordered to third reading. |
| Sep 8, 2017 | Read third time and amended. Ordered to second reading. |
| Sep 7, 2017 | Read second time. Ordered to third reading. |
| Sep 6, 2017 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2017 | Read second time. Ordered to third reading. |
| Sep 1, 2017 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). |
| Jul 10, 2017 | In committee: Referred to APPR. suspense file. |
| Jun 20, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR. |
| Jun 1, 2017 | Referred to Com. on PUB. S. |
| May 18, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 18, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1617.) |
| May 11, 2017 | Read second time. Ordered to Consent Calendar. |
| May 10, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10). |
| May 1, 2017 | Re-referred to Com. on APPR. |
| Apr 27, 2017 | Read second time and amended. |
| Apr 26, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 25). |
| Apr 20, 2017 | Re-referred to Com. on PUB. S. |
| Apr 19, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Apr 18, 2017 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 3, 2017 | Re-referred to Com. on PUB. S. |
| Mar 30, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Feb 15, 2017 | From printer. May be heard in committee March 17. |
| Feb 14, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 14, 2017 | AB 660 Rubio Special Consent Calendar 1st Day Regular Session | Assembly Floor |
Passed |
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| Sep 14, 2017 | Special Consent Calendar # AB660 | Senate Floor |
Passed |
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| Sep 1, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 10, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jun 20, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 18, 2017 | AB 660 RUBIO Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 10, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 25, 2017 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerks and Election Officials | ** Support | Sep 12, 2017 |
| California Association Of Joint Powers Authorities | ** Support | Sep 12, 2017 |
| California Newspaper Publishers Association | ** Support | Sep 12, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 660
Author:(Rubio)
As Amended Ver:September 8, 2017
Majority vote
ASSEMBLY: | 69-0 | (May 18, 2017) | SENATE: | 40-0 | (September 14, 2017) |
Original Committee Reference: PUB. S.
SUMMARY: Expands the crime of trespass on the property of a public agency.
The Senate amendments reduce the penalty from a misdemeanor to an infraction.
EXISTING LAW:
- Includes numerous provisions defining various forms of criminal trespass and trespass penalties. The crime definitions and penalties typically turn on whether any damage has been done to the property and whether the trespasser refuses a valid request to leave the property.
- Makes it a misdemeanor to enter onto another's property to interfere with business.
- Makes it a misdemeanor to enter and occupy real property or structures of any kind without the owner's consent.
- Makes it a misdemeanor to refuse to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public after being asked to leave by someone employed there.
- Provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the agency, and who refuses to leave the property upon request is guilty of a misdemeanor punishable by imprisonment in the county jail for up to 90 days, or by a fine of up to $400, or both.
- Includes the following exceptions to the trespassing law on obstructing public agencies or customers:
- A person who is conducting lawful union activities;
- A person who is on the premises and engaging in activities protected by the California or United States Constitution.
AS PASSED BY THE ASSEMBLY, this bill: provided that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency is guilty of a misdemeanor.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- Court: Unknown, potentially-moderate cost pressures (General Fund*) to the court to adjudicate charges brought against defendants who are charged with the conduct proscribed by this bill.
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs (local funds) to prosecute and incarcerate those charged with and found guilty of making material misrepresentations as proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue to the extent that they are collected.
*Trial Court Trust Fund
COMMENTS: According to the author, "In various counties across the state, California residents have filed complaints about the soliciting that occurs at County Clerk's offices by persons acting as state employees or claiming to be members of newspaper agencies. Not all of these solicitors are illegitimate, however the illegitimate solicitors not only give a bad name to legitimate small business owners but they deter those who need to file paperwork. This is extremely problematic considering unknowing citizens can easily fall victim to solicitors falsely representing themselves. My bill will protect the rights of members of the public to freely and without undue interference exercise their Constitutional right to petition government, access governmental offices and functions at the County Clerk's office."
Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0002252
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 660
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/20/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote
SOURCE: California Association of Clerks and Election Officials
California Newspaper Publisher Association
DIGEST:
This bill makes it an infraction, punishable by a fine of up to $400, to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified.
Senate Floor Amendments of 9/8/17 delete security guards acting at the request of the office manager or a supervisor of the public agency from the list of persons who may ask a person to leave the premises of the public agency.
Existing law:
- Makes it a misdemeanor to refuse to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public after being asked to leave by someone employed there. (Pen. Code, § 602, subd. (q).)
- Provides that any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner’s agent, or by a peace officer acting at the request of the owner or owner’s agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to $400, or by both that imprisonment and fine. (Pen. Code, § 602.1, subd. (a).)
- Provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the agency, and who refuses to leave the property upon request is guilty of a misdemeanor punishable by imprisonment in the county jail for up to 90 days, or by a fine of up to $400, or both. (Pen. Code, § 602.1, subd. (b).)
- Includes the following exceptions to the trespassing law on obstructing public agencies or customers:
- A person who is conducting lawful union activities; or,
- A person who is on the premises and engaging in activities protected by the California or United States Constitution. (Pen. Code, § 602.1, subd. (c).)
This bill makes it an infraction, punishable by a fine of up to $400, for any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency, and refuses to leave after being requested to leave by the office manager, supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Court: Unknown, potentially-moderate cost pressures (General Fund*) to the court to adjudicate charges brought against defendants who are charged with the conduct proscribed by this bill.
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs (local funds) to prosecute and incarcerate those charged with and found guilty of making material misrepresentations as proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue to the extent that they are collected.
*Trial Court Trust Fund
California Association of Clerks and Election Officials (source)
California Newspaper Publishers Association (co-source)
California Association of Joint Powers Authorities
None received
ASSEMBLY FLOOR: 69-0, 5/18/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood
NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon
9/12/17 9:15:56
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 660
:
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/20/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote
SOURCE: California Association of Clerks and Election Officials
California Newspaper Publisher Association
DIGEST:
This bill makes it an infraction, punishable by a fine of up to $400, to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified.
Senate Floor Amendments of 9/6/17 add security guards acting at the request of the office manager or a supervisor of the public agency to the list of persons who may ask a person to leave the premises of the public agency.
Existing law:
- Makes it a misdemeanor to refuse to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public after being asked to leave by someone employed there. (Pen. Code, § 602, subd. (q).)
- Provides that any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner’s agent, or by a peace officer acting at the request of the owner or owner’s agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to $400, or by both that imprisonment and fine. (Pen. Code, § 602.1, subd. (a).)
- Provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the agency, and who refuses to leave the property upon request is guilty of a misdemeanor punishable by imprisonment in the county jail for up to 90 days, or by a fine of up to $400, or both. (Pen. Code, § 602.1, subd. (b).)
- Includes the following exceptions to the trespassing law on obstructing public agencies or customers:
- A person who is conducting lawful union activities; or,
- A person who is on the premises and engaging in activities protected by the California or United States Constitution. (Pen. Code, § 602.1, subd. (c).)
This bill makes it an infraction, punishable by a fine of up to $400, for any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency, and refuses to leave after being requested to leave by the office manager, supervisor of the public agency, or by a peace officer or security guard acting at the request of the office manager or a supervisor of the public agency.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Court: Unknown, potentially-moderate cost pressures (General Fund*) to the court to adjudicate charges brought against defendants who are charged with the conduct proscribed by this bill.
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs (local funds) to prosecute and incarcerate those charged with and found guilty of making material misrepresentations as proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue to the extent that they are collected.
*Trial Court Trust Fund
California Association of Clerks and Election Officials (co-source)
California Newspaper Publishers Association (co-source)
None received
ASSEMBLY FLOOR: 69-0, 5/18/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood
NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon
9/8/17 10:48:57
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 660
Amended: 9/1/17 in Senate
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/20/17
AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote
SOURCE: California Association of Clerks and Election Officials
California Newspaper Publishers Association
DIGEST:
This bill makes it an infraction, punishable by a fine of up to $400, to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified.
Existing law:
- Makes it a misdemeanor to refuse to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public after being asked to leave by someone employed there. (Pen. Code, § 602, subd. (q).)
- Provides that any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner’s agent, or by a peace officer acting at the request of the owner or owner’s agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to $400, or by both that imprisonment and fine. (Pen. Code, § 602.1, subd. (a).)
- Provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the agency, and who refuses to leave the property upon request is guilty of a misdemeanor punishable by imprisonment in the county jail for up to 90 days, or by a fine of up to $400, or both. (Pen. Code, § 602.1, subd. (b).)
- Includes the following exceptions to the trespassing law on obstructing public agencies or customers:
- A person who is conducting lawful union activities; or,
- A person who is on the premises and engaging in activities protected by the California or United States Constitution. (Pen. Code, § 602.1, subd. (c).)
This bill makes it an infraction, punishable by a fine of up to $400, for any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency, and refuses to leave after being requested to leave by the office manager, supervisor of the public agency, or by a peace officer.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Court: Unknown, potentially-moderate cost pressures (General Fund*) to the court to adjudicate charges brought against defendants who are charged with the conduct proscribed by this bill.
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs (local funds) to prosecute and incarcerate those charged with and found guilty of making material misrepresentations as proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue to the extent that they are collected.
*Trial Court Trust Fund
California Association of Clerks and Election Officials (co-source)
California Newspaper Publishers Association (co-source)
None received
ASSEMBLY FLOOR: 69-0, 5/18/17
AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood
NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon
9/4/17 12:33:33
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 660 (Rubio) - Public agencies: unlawful interference
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 660 would expand the crime of trespass to include interfering with a lawful business carried on by a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2017
Fiscal Impact:
- Court: Unknown, potentially-moderate cost pressures (General Fund*) to the court to adjudicate charges brought against defendants who are charged with the conduct proscribed by this bill.
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs (local funds) to prosecute and incarcerate those charged with and found guilty of making material misrepresentations as proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue to the extent that they are collected.
*Trial Court Trust Fund
Author Amendments:
Classify the crime as an infraction that is punishable by a base fine of up to $400.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 660 (Rubio) - Public agencies: unlawful interference
Version: April 27, 2017 | Policy Vote: PUB. S. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: July 10, 2017 | Consultant: Shaun Naidu |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 660 would expand the crime of trespass to include interfering with a lawful business carried on by a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave.
Fiscal Impact:
- Court: Unknown, potentially-significant cost pressures (General Fund*) to the court to adjudicate charges brought against defendants who are charged with the conduct proscribed by this bill.
- Prosecution & incarceration: Unknown potential increase in non-reimbursable local enforcement and incarceration costs (local funds) to prosecute and incarcerate those charged with and found guilty of making material misrepresentations as proscribed by this bill. Costs would be offset, to a degree, by fee and assessment revenue.
*Trial Court Trust Fund
Background:
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor. This crime is punishable by imprisonment in a county jail for up to 90 days, a fine of up to $400, or both the fine and imprisonment.
Proposed Law:
This bill would make it a misdemeanor to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. This crime would be punishable by imprisonment in a county jail for up to 90 days, a fine of up to $400, or both the fine and imprisonment.
Staff Comments:
The fiscal impact of this bill cannot be known with certainty, as the actual impact will be dependent on numerous factors, including, but not limited to, judicial and prosecutorial discretion, the criminal history of a defendant, and the factors unique to each case. As the crime created by this bill is punishable as a misdemeanor with the potential for incarceration, certain rights to the defendants are attached to the proceedings, including the right to a jury trial and the right to counsel (at public expense if the defendants are unable to afford the costs of representation).
As stated in the analysis of AB 660 by the Senate Committee on Public Safety, “[a]ccording to the proponents of this bill, there have been complaints at some County Clerk offices regarding aggressive solicitors harassing individuals there to conduct business. For example, in San Bernardino County, more than a dozen complaints were filed between 2014 and 2015 regarding solicitors outside the Hall of Records posing as county employees, arguing with citizens and following them into the building to enlist their business in filing fictitious business names and articles of incorporation.” To the extent that the court adjudicates a dozen or more of these new crimes, on average, that otherwise would not have been filed or resulted in a criminal action but for the alleged violation of the misrepresentation and refusal to leave, court costs of this bill would surpass the Suspense File threshold.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Nancy Skinner, Chair
2017 - 2018 Regular
Bill No: AB 660 Hearing Date: June 20, 2017
Author: | Rubio | ||
Version: | April 27, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | SC | ||
Subject: Public Agencies: Trespass
HISTORY
Source: California Association of Clerks and Election Officials
California Newspaper Publishers Association
Prior Legislation: AB 668 (Lieu), Ch. 531, Stats. 2010
AB 924 (Maldonado), Ch. 101, Stats. 2003
SB 993 (Poochigian), Ch. 805, Stats. 2003
SB 1486 (Schiff), Ch. 563, Stats. 2000
Support: Unknown
Opposition: None known
Assembly Floor Vote: 69 - 0
PURPOSE
The purpose of this bill is to expand the trespass law on obstructing customers at public agencies by including within its scope the making of material misrepresentations of law to customers there to transact business with the public agency.
Existing law makes it a misdemeanor to enter onto another’s property to interfere with business. (Pen. Code, § 602, subd. (k).)
Existing law makes it a misdemeanor to enter and occupy real property or structures of any kind without the owner’s consent. (Pen. Code, § 602, subd. (m).)
Existing law makes it a misdemeanor to refuse to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public after being asked to leave by someone employed there. (Pen. Code, § 602, subd. (q).)
Existing law provides that any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner’s agent, or by a peace officer acting at the request of the owner or owner’s agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to $400, or by both that imprisonment and fine. (Pen. Code, § 602.1, subd. (a).)
Existing law provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the agency, and who refuses to leave the property upon request is guilty of a misdemeanor punishable by imprisonment in the county jail for up to 90 days, or by a fine of up to $400, or both. (Pen. Code, § 602.1, subd. (b).)
Existing law includes the following exceptions to the trespassing law on obstructing public agencies or customers:
- A person who is conducting lawful union activities; or,
- A person who is on the premises and engaging in activities protected by the California or United States Constitution. (Pen. Code, § 602.1, subd. (c).)
This bill provides that that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency is guilty of a misdemeanor, punishable by imprisonment in the county jail for up to 90 days, or by a fine of up to $400, or both.
COMMENTS
- Need for This Bill
According to the author:
Current state law under the California Penal Code Section 602.1 only punishes acts that are considered “obstructing” or “intimidating” to persons attempting to carry on business at a public agency. This creates a void in the penal code that permits illegitimate solicitors to be exempt from the enforcement of said punishments. AB 660 expands the crime of trespassing on the property of a public agency. Specifically, this bill: Provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency is guilty of a misdemeanor.
Those who refuse to leave the premises of a public agency after being requested to will be punished by imprisonment in a county jail for up to 90 days, or a fine of up to four hundred dollars ($400), or by both imprisonment and fine.
- Conduct that this Bill Addresses
According to the proponents of this bill, there have been complaints at some County Clerk offices regarding aggressive solicitors harassing individuals there to conduct business. For example, in San Bernardino County, more than a dozen complaints were filed between 2014 and 2015 regarding solicitors outside the Hall of Records posing as county employees, arguing with citizens and following them into the building to enlist their business in filing fictitious business names and articles of incorporation.
In Los Angeles County, solicitors have been confrontational and used aggressive tactics to acquire business from individuals who were there to file a fictitious business name with the County Clerk’s office. Some of solicitors have been known to approach individuals as they get out of their vehicles on their way to the clerk’s office in an attempt to get those filers to use an agent to file their documents. In some instances, these solicitors have knowingly misled individuals by stating that they are required to use an agent to file a fictitious business name.
This bill expands the trespass law on obstructing customers at public agencies by including within its scope knowingly making material misrepresentations of law to customers there to transact business with the public agency. This bill makes this conduct a misdemeanor punishable by imprisonment in the county jail for up to 90 days, or by a fine of up to $400, or both the imprisonment and fine.
- Argument in Support
The California Association of Clerks and Election Officials, a co-sponsor of this bill:
In order to file a fictitious business name (FBN), the filer must complete required paperwork with the county clerk’s office and also pay to have the FBN published in a newspaper of general circulation for public notice. The filer is provided with a list of eligible newspapers by the county to choose where to publish their information. In some counties where many newspapers meet the requirement, an extremely competitive environment has emerged to secure the fees for publishing. In Los Angeles county, for example, over 125 newspapers are on the list.
This measure will expand existing Penal Code Section 602.1 (b) which states that “any person who intentionally interferes with the lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine. AB 660 would add “by making a material misrepresentation of law to those persons there to transact business with the public agency” to “obstructing or intimidating” constituents. This important expansion would address the troublesome activity of intentionally misleading the public into believing that a paid agent is required to fulfill the activity of filing an FBN.
-- END –
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 660
Author:(Rubio) – As Amended Ver:April 27, 2017
Policy Committee: | Public Safety | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency is guilty of a misdemeanor, punishable by imprisonment in county jail for up to 90 days, and/or a fine of up to $400.
FISCAL EFFECT:
Moderate nonreimbursable local costs for incarceration and enforcement, offset to a degree by fine revenue.
COMMENTS:
Background and Purpose. In San Bernardino County, more than a dozen complaints were filed between 2014 and 2015 regarding solicitors outside the Hall of Records posing as county employees, arguing with citizens and following them into the building to enlist their business in filing fictitious business names and articles of incorporation. As a result San Bernardino County adopted a local ordinance prohibiting people from soliciting business on county property. That ordinance was subsequently ruled unconstitutional, but then revised. Similar complaints have been raised in other counties.
The author believes AB 660 protects the rights of members of the public to exercise their Constitutional right to petition government, access governmental offices and functions at the County Clerk's office, without undue interference. This bill expands the trespass law on obstructing customers at public agencies by including within its scope the making of material misrepresentations of law to customers there transact business with the public agency.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: April 25, 2017
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 660
Author:(Rubio) – As Amended Ver:
As Proposed to be Amended in Committee
SUMMARY:
Expands the crime of trespass on the property of a public agency. Specifically, this bill: Provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by knowingly making a material misrepresentation of the law to those persons there to transact business with the public agency is guilty of a misdemeanor.
EXISTING LAW:
- Includes numerous provisions defining various forms of criminal trespass and trespass penalties. The crime definitions and penalties typically turn on whether any damage has been done to the property and whether the trespasser refuses a valid request to leave the property. (Pen. Code, §§ 602-607.)
- Makes it a misdemeanor to enter onto another’s property to interfere with business. (Pen. Code, § 602, subd. (k).)
- Makes it a misdemeanor to enter and occupy real property or structures of any kind without the owner’s consent. (Pen. Code, § 602, subd. (m).)
- Makes it a misdemeanor to refuse to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public after being asked to leave by someone employed there. (Pen. Code, § 602, subd. (q).)
- Provides that any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the agency, and who refuses to leave the property upon request is guilty of a misdemeanor punishable by imprisonment in the county jail for up to 90 days, or by a fine of up to $400, or both. (Pen. Code, § 602.1, subd. (b).)
- Includes the following exceptions to the trespassing law on obstructing public agencies or customers:
- A person who is conducting lawful union activities;
- A person who is on the premises and engaging in activities protected by the California or United States Constitution. (Pen. Code, § 602.1, subd. (c).)
- A person who is conducting lawful union activities;
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “In various counties across the state, California residents have filed complaints about the soliciting that occurs at County Clerk's offices by persons acting as state employees or claiming to be members of newspaper agencies. Not all of these solicitors are illegitimate, however the illegitimate solicitors not only give a bad name to legitimate small business owners but they deter those who need to file paperwork. This is extremely problematic considering unknowing citizens can easily fall victim to solicitors falsely representing themselves. My bill will protect the rights of members of the public to freely and without undue interference exercise their Constitutional right to petition government, access governmental offices and functions at the County Clerk's office.”
- Necessity for this Bill: According to the background information provided by the author, there have been complaints at some County Clerk offices regarding aggressive solicitors harassing individuals there to conduct business.
For example, In San Bernardino County, more than a dozen complaints were filed between 2014 and 2015 regarding solicitors outside the Hall of Records posing as county employees, arguing with citizens and following them into the building to enlist their business in filing fictitious business names and articles of incorporation. As a result San Bernardino County adopted a local ordinance prohibiting people from soliciting business on county property. That ordinance was subsequently ruled unconstitutional, but then revised. (See J. Nelson, San Bernardino County Revises ‘Unconstitutional’ Solicitor Ordinance, July 2, 2016, The Sun < http://www.sbsun.com/government-and-politics/20160517/judge-deems-san-bernardino-county-solicitation-ordinance-unconstitutional.>)
This bill expands the trespass law on obstructing customers at public agencies by including within its scope the making of material misrepresentations of law to customers there transact business with the public agency. - Argument in Support: According to the California Newspaper Publishers Association, “AB 660 would help to address a problem arising at several county clerks’ offices where individuals offering to ‘assist’ those who are required to file a fictitious business name (FBN) statement with the County Clerk’s office have exhibited threatening behavior toward the potential filers.
“In Los Angeles County, these solicitors engage in confrontational and aggressive tactics to secure business from members of the public who go to county offices to file FBN’s or conduct any other business with the county. In some instances, several solicitors have actually run toward and competed for business as members of the public were getting out of their vehicles in the parking lot.
“Other solicitors have also misled some filers by telling them that the law requires a filer to use an agent to file the FBN for them.
“Current law allows an office manager or a supervisor of the public agency, or a peace officer to request that a person leave the premises of the public agency if that person intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, or obstructs or intimidates those attempting to carry on business, or those persons there to transact business with the public agency.
“AB 660 would add to this list of prohibited behavior anyone who makes a material misrepresentation of the law to those persons there to transact business with the public agency.
“No person who goes to a government agency to petition government or transact business should ever have to experience harassment or intimidation. AB 660 would help put an end to this type of deplorable conduct.”
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Clerks and Election Officials (Co-Sponsor)
California Newspaper Publishers Association (Co-Sponsor)
Opposition
None
Analysis Prepared by:
Sandy Uribe / PUB. S. /
Bill Author
Bill Co-Author(s):