Bills

AB 257: Encampments: penalties.

  • Session Year: 2023-2024
  • House: Assembly

Current Status:

Failed

(2024-02-01: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.

This bill would prohibit a person from camping, as defined, in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center. The bill would make a violation of the prohibition an infraction or a misdemeanor. By imposing criminal penalties for a violation of these provisions, this bill would impose a state-mandated local program. school. The bill would authorize a city attorney, county counsel, or district attorney to bring an action for a violation of this prohibition. The bill would make a person who violates this prohibition liable for a civil fine of not more than $10 in an action brought by the city attorney of the city or the county counsel or the district attorney of the county where the violation occurred.

Existing law establishes procedures of diversion for specified defendants through which the court is authorized to grant pretrial diversion which, contingent on successful completion of specified terms and conditions imposed by the court, results in the dismissal of charges prior to adjudication.This bill would authorize a defendant who is being prosecuted for a misdemeanor for camping in a street, sidewalk, or other public property within 500 feet of a school, daycare center, playground, or youth center to be eligible for a diversion program, including, but not limited to, the Diversion of Individuals with Mental Disorders and the Court Initiated Misdemeanor Diversion, as specified.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.

Discussed in Hearing

Assembly Standing Committee on Public Safety40MIN
Mar 7, 2023

Assembly Standing Committee on Public Safety

Assembly Standing Committee on Public Safety40MIN
Mar 7, 2023

Assembly Standing Committee on Public Safety

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