SB 602: Trespass.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-10-07
Current Status:
Passed
(2023-10-07: Chaptered by Secretary of State. Chapter 404, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owners agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession. Existing law requires the owner, the owners agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Existing law also authorizes a single request for a peace officers assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owners agent, or the person in lawful possession is absent from the property. Under existing law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession.
This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized form provided by the law enforcement agency, to a peace officer. The bill would extend the maximum period of time for a request for peace officers assistance from 30 days to 12 months for requests pertaining to fire hazard or the owners absence. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.
Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owners agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession. Existing law requires the owner, the owners agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Existing law also authorizes a single request for a peace officers assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owners agent, or the person in lawful possession is absent from the property. Under existing law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession.
This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized form provided by the law enforcement agency, to a peace officer. The bill would extend the maximum period of time for a request for peace officers assistance from 30 days to 12 months for requests pertaining to fire hazard or the owners absence. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.
Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owners agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession. Existing law requires the owner, the owners agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Existing law also authorizes a single request for a peace officers assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owners agent, or the person in lawful possession is absent from the property. Under existing law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession.
This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. This bill would also authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a period of not more than 3 years when the premises or property is closed to the public and posted as being closed and would require the notice ending assistance before the 3 years has passed to be in writing. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized form provided by the law enforcement agency, to a peace officer. The bill would extend the maximum period of time for a request for peace officers assistance from 30 days to 12 months for requests pertaining to fire hazard or the owners absence. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.
Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owners agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession. Existing law requires the owner, the owners agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Existing law also authorizes a single request for a peace officers assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owners agent, or the person in lawful possession is absent from the property. Under existing law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession.
This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. This bill would also authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a period of not more than 3 years when the premises or property is closed to the public and posted as being closed and would require the notice ending assistance before the 3 years has passed to be in writing. The bill would allow a request for peace officer assistance to continue after a change in ownership or transfer of lawful possession if the transferee notifies the relevant law enforcement or the city of the change. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.
Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owners agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession. Existing law requires the owner, the owners agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Existing law also authorizes a single request for a peace officers assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owners agent, or the person in lawful possession is absent from the property. Under existing law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession.
This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. This bill would also authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a period of not more than 3 years when the premises or property is closed to the public and posted as being closed and would require the notice ending assistance before the 3 years has passed to be in writing. The bill would allow a request for peace officer assistance to continue after a change in ownership or transfer of lawful possession if the transferee notifies the relevant law enforcement or the city of the change. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.
Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owners agent, or the person in lawful possession and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession. Existing law requires the owner, the owners agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Existing law also authorizes a single request for a peace officers assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owners agent, or the person in lawful possession is absent from the property. Under existing law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession.
This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. This bill would also authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a period of not more than 3 years when the premises or property is closed to the public and posted as being closed and would require the notice ending assistance before the 3 years has passed to be in writing. The bill would allow a request for peace officer assistance to continue after a change in ownership or transfer of lawful possession if the transferee notifies the relevant law enforcement or the city of the change. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.
Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a)Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b)Carrying away any kind of wood or timber lying on those lands.
(c)Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d)Digging, taking, or carrying away from a lot situated within the limits of an incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e)Digging, taking, or carrying away from land in a city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f)Maliciously tearing down, damaging, mutilating, or destroying a sign, signboard, or notice placed upon, or affixed to, a property belonging to the state, or to a city, county, city and county, town, or village, or upon the property of a person, by the state or by an automobile association, which sign, signboard, or notice is intended to indicate or designate a road or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the property of a person, without license from the owner, a notice, advertisement, or designation of, or a name for a commodity, whether for sale or otherwise, or a picture, sign, or device intended to call attention to it.
(g)Entering upon lands owned by another person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(h)(1)Entering upon lands or buildings owned by another person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(2)In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3)This subdivision does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i)Willfully opening, tearing down, or otherwise destroying a fence on the enclosed land of another, or opening a gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a sign, signboard, or other notice forbidding shooting on private property.
(j)Building fires upon lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owners agent, or the person in lawful possession.
(k)Entering lands, whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owners agent, or the person in lawful possession.
(l)Entering lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owners agent, or the person in lawful possession, and any of the following:
(1)Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owners agent, or by the person in lawful possession to leave the lands.
(2)Tearing down, mutilating, or destroying a sign, signboard, or notice forbidding trespass or hunting on the lands.
(3)Removing, injuring, unlocking, or tampering with a lock on a gate on or leading into the lands.
(4)Discharging a firearm.
(m)Entering and occupying real property or structures of any kind without the consent of the owner, the owners agent, or the person in lawful possession.
(n)Driving a vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owners agent, or the person in lawful possession. This subdivision does not apply to a person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owners agent, or the person in lawful possession.
(o)(1)Refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owners agent, or the person in lawful possession, and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession, or (2) the owner, the owners agent, or the person in lawful possession. The owner, the owners agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested. However, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires. However, this subdivision does not apply to persons engaged in lawful labor union activities that are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision does not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a law or ordinance.
(2)A request for a peace officers assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
(3)A request for a peace officers assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p)Entering upon lands declared closed to entry, as provided in Section 4256 of the Public Resources Code, if the closed areas have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q)Refusing or failing 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 upon being requested to do so by a regularly employed guard, watchperson, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r)Knowingly skiing in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure.
(s)Refusing or failing to leave a hotel or motel, where the person has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t)(1)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 owners agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer is acting at the request of the owner, the owners 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)This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3)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 owners agent, or the person in lawful possession of the property.
(4)Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u)(1)Knowingly entering, by an unauthorized person, upon an airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)By a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3)As used in this subdivision, the following definitions shall control:
(A)Airport operations area means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B)Passenger vessel terminal means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, passenger vessel terminal does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C)Public transit facility has the same meaning as specified in Section 171.7.
(D)(i)Authorized personnel means a person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card.
(ii)Authorized personnel also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii)Authorized personnel also means a person who has a valid public transit employee identification card.
(E)Airport means a facility whose function is to support commercial aviation.
(v)(1)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), or public transit facility, as defined in Section 171.7, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2)Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w)Refusing or failing to leave the location of a domestic violence shelter-based program at any time after being requested to leave by a managing authority of the shelter.
(1)A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2)The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence in an amount equal to the relocation expenses of the victim of domestic violence and the victims children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program.
(x)(1)Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)As an infraction, by a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D)If probation is granted or the execution or imposition of sentencing is suspended for a person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a)Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b)Carrying away any kind of wood or timber lying on those lands.
(c)Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d)Digging, taking, or carrying away from a lot situated within the limits of an incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e)Digging, taking, or carrying away from land in a city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f)Maliciously tearing down, damaging, mutilating, or destroying a sign, signboard, or notice placed upon, or affixed to, a property belonging to the state, or to a city, county, city and county, town, or village, or upon the property of a person, by the state or by an automobile association, which sign, signboard, or notice is intended to indicate or designate a road or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the property of a person, without license from the owner, a notice, advertisement, or designation of, or a name for a commodity, whether for sale or otherwise, or a picture, sign, or device intended to call attention to it.
(g)Entering upon lands owned by another person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(h)(1)Entering upon lands or buildings owned by another person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(2)In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3)This subdivision does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i)Willfully opening, tearing down, or otherwise destroying a fence on the enclosed land of another, or opening a gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a sign, signboard, or other notice forbidding shooting on private property.
(j)Building fires upon lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owners agent, or the person in lawful possession.
(k)Entering lands, whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owners agent, or the person in lawful possession.
(l)Entering lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owners agent, or the person in lawful possession, and any of the following:
(1)Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owners agent, or by the person in lawful possession to leave the lands.
(2)Tearing down, mutilating, or destroying a sign, signboard, or notice forbidding trespass or hunting on the lands.
(3)Removing, injuring, unlocking, or tampering with a lock on a gate on or leading into the lands.
(4)Discharging a firearm.
(m)Entering and occupying real property or structures of any kind without the consent of the owner, the owners agent, or the person in lawful possession.
(n)Driving a vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owners agent, or the person in lawful possession. This subdivision does not apply to a person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owners agent, or the person in lawful possession.
(o)(1)Refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owners agent, or the person in lawful possession, and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession, or (2) the owner, the owners agent, or the person in lawful possession. The owner, the owners agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested. However, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires. However, this subdivision does not apply to persons engaged in lawful labor union activities that are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision does not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a law or ordinance.
(2)A request for a peace officers assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
(3)A request for a peace officers assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p)Entering upon lands declared closed to entry, as provided in Section 4256 of the Public Resources Code, if the closed areas have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q)Refusing or failing 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 upon being requested to do so by a regularly employed guard, watchperson, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r)Knowingly skiing in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure.
(s)Refusing or failing to leave a hotel or motel, where the person has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t)(1)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 owners agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer is acting at the request of the owner, the owners 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)This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3)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 owners agent, or the person in lawful possession of the property.
(4)Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u)(1)Knowingly entering, by an unauthorized person, upon an airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)By a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3)As used in this subdivision, the following definitions shall control:
(A)Airport operations area means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B)Passenger vessel terminal means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, passenger vessel terminal does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C)Public transit facility has the same meaning as specified in Section 171.7.
(D)(i)Authorized personnel means a person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card.
(ii)Authorized personnel also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii)Authorized personnel also means a person who has a valid public transit employee identification card.
(E)Airport means a facility whose function is to support commercial aviation.
(v)(1)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), or public transit facility, as defined in Section 171.7, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2)Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w)Refusing or failing to leave the location of a domestic violence shelter-based program at any time after being requested to leave by a managing authority of the shelter.
(1)A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2)The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence in an amount equal to the relocation expenses of the victim of domestic violence and the victims children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program.
(x)(1)Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)As an infraction, by a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D)If probation is granted or the execution or imposition of sentencing is suspended for a person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a)Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b)Carrying away any kind of wood or timber lying on those lands.
(c)Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d)Digging, taking, or carrying away from a lot situated within the limits of an incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e)Digging, taking, or carrying away from land in a city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f)Maliciously tearing down, damaging, mutilating, or destroying a sign, signboard, or notice placed upon, or affixed to, a property belonging to the state, or to a city, county, city and county, town, or village, or upon the property of a person, by the state or by an automobile association, which sign, signboard, or notice is intended to indicate or designate a road or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the property of a person, without license from the owner, a notice, advertisement, or designation of, or a name for a commodity, whether for sale or otherwise, or a picture, sign, or device intended to call attention to it.
(g)Entering upon lands owned by another person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(h)(1)Entering upon lands or buildings owned by another person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(2)In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3)This subdivision does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i)Willfully opening, tearing down, or otherwise destroying a fence on the enclosed land of another, or opening a gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a sign, signboard, or other notice forbidding shooting on private property.
(j)Building fires upon lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owners agent, or the person in lawful possession.
(k)Entering lands, whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owners agent, or the person in lawful possession.
(l)Entering lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owners agent, or the person in lawful possession, and any of the following:
(1)Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owners agent, or by the person in lawful possession to leave the lands.
(2)Tearing down, mutilating, or destroying a sign, signboard, or notice forbidding trespass or hunting on the lands.
(3)Removing, injuring, unlocking, or tampering with a lock on a gate on or leading into the lands.
(4)Discharging a firearm.
(m)Entering and occupying real property or structures of any kind without the consent of the owner, the owners agent, or the person in lawful possession.
(n)Driving a vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owners agent, or the person in lawful possession. This subdivision does not apply to a person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owners agent, or the person in lawful possession.
(o)(1)Refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owners agent, or the person in lawful possession, and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession, or (2) the owner, the owners agent, or the person in lawful possession. The owner, the owners agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested. However, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed three years 12 months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding three years 12 months expires. However, this subdivision does not apply to persons engaged in lawful labor union activities that are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision does not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a law or ordinance.
(2)A request for a peace officers assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
(3)A request for a peace officers assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p)Entering upon lands declared closed to entry, as provided in Section 4256 of the Public Resources Code, if the closed areas have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q)Refusing or failing 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 upon being requested to do so by a regularly employed guard, watchperson, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r)Knowingly skiing in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure.
(s)Refusing or failing to leave a hotel or motel, where the person has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t)(1)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 owners agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer is acting at the request of the owner, the owners 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)This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3)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 owners agent, or the person in lawful possession of the property.
(4)Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u)(1)Knowingly entering, by an unauthorized person, upon an airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)By a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3)As used in this subdivision, the following definitions shall control:
(A)Airport operations area means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B)Passenger vessel terminal means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, passenger vessel terminal does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C)Public transit facility has the same meaning as specified in Section 171.7.
(D)(i)Authorized personnel means a person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card.
(ii)Authorized personnel also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii)Authorized personnel also means a person who has a valid public transit employee identification card.
(E)Airport means a facility whose function is to support commercial aviation.
(v)(1)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), or public transit facility, as defined in Section 171.7, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2)Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w)Refusing or failing to leave the location of a domestic violence shelter-based program at any time after being requested to leave by a managing authority of the shelter.
(1)A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2)The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence in an amount equal to the relocation expenses of the victim of domestic violence and the victims children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program.
(x)(1)Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)As an infraction, by a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D)If probation is granted or the execution or imposition of sentencing is suspended for a person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a)Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b)Carrying away any kind of wood or timber lying on those lands.
(c)Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d)Digging, taking, or carrying away from a lot situated within the limits of an incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e)Digging, taking, or carrying away from land in a city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f)Maliciously tearing down, damaging, mutilating, or destroying a sign, signboard, or notice placed upon, or affixed to, a property belonging to the state, or to a city, county, city and county, town, or village, or upon the property of a person, by the state or by an automobile association, which sign, signboard, or notice is intended to indicate or designate a road or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the property of a person, without license from the owner, a notice, advertisement, or designation of, or a name for a commodity, whether for sale or otherwise, or a picture, sign, or device intended to call attention to it.
(g)Entering upon lands owned by another person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(h)(1)Entering upon lands or buildings owned by another person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(2)In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3)This subdivision does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i)Willfully opening, tearing down, or otherwise destroying a fence on the enclosed land of another, or opening a gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a sign, signboard, or other notice forbidding shooting on private property.
(j)Building fires upon lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owners agent, or the person in lawful possession.
(k)Entering lands, whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owners agent, or the person in lawful possession.
(l)Entering lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owners agent, or the person in lawful possession, and any of the following:
(1)Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owners agent, or by the person in lawful possession to leave the lands.
(2)Tearing down, mutilating, or destroying a sign, signboard, or notice forbidding trespass or hunting on the lands.
(3)Removing, injuring, unlocking, or tampering with a lock on a gate on or leading into the lands.
(4)Discharging a firearm.
(m)Entering and occupying real property or structures of any kind without the consent of the owner, the owners agent, or the person in lawful possession.
(n)Driving a vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owners agent, or the person in lawful possession. This subdivision does not apply to a person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owners agent, or the person in lawful possession.
(o)(1)Refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owners agent, or the person in lawful possession, and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession, or (2) the owner, the owners agent, or the person in lawful possession. The owner, the owners agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested. However, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed three years when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding three years expires. However, this subdivision does not apply to persons engaged in lawful labor union activities that are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision does not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a law or ordinance.
(2)A request for a peace officers assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession unless the transferee or new person in lawful possession notifies the relevant law enforcement agency or city of the change. possession.
(3)A request for a peace officers assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p)Entering upon lands declared closed to entry, as provided in Section 4256 of the Public Resources Code, if the closed areas have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q)Refusing or failing 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 upon being requested to do so by a regularly employed guard, watchperson, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r)Knowingly skiing in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure.
(s)Refusing or failing to leave a hotel or motel, where the person has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t)(1)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 owners agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer is acting at the request of the owner, the owners 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)This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3)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 owners agent, or the person in lawful possession of the property.
(4)Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u)(1)Knowingly entering, by an unauthorized person, upon an airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)By a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3)As used in this subdivision, the following definitions shall control:
(A)Airport operations area means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B)Passenger vessel terminal means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, passenger vessel terminal does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C)Public transit facility has the same meaning as specified in Section 171.7.
(D)(i)Authorized personnel means a person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card.
(ii)Authorized personnel also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii)Authorized personnel also means a person who has a valid public transit employee identification. identification card.
(E)Airport means a facility whose function is to support commercial aviation.
(v)(1)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), or public transit facility, as defined in Section 171.7, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2)Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w)Refusing or failing to leave the location of a domestic violence shelter-based program at any time after being requested to leave by a managing authority of the shelter.
(1)A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2)The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence in an amount equal to the relocation expenses of the victim of domestic violence and the victims children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program.
(x)(1)Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)As an infraction, by a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D)If probation is granted or the execution or imposition of sentencing is suspended for a person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a)Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b)Carrying away any kind of wood or timber lying on those lands.
(c)Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d)Digging, taking, or carrying away from a lot situated within the limits of an incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e)Digging, taking, or carrying away from land in a city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f)Maliciously tearing down, damaging, mutilating, or destroying a sign, signboard, or notice placed upon, or affixed to, a property belonging to the state, or to a city, county, city and county, town, or village, or upon the property of a person, by the state or by an automobile association, which sign, signboard, or notice is intended to indicate or designate a road or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the property of a person, without license from the owner, a notice, advertisement, or designation of, or a name for a commodity, whether for sale or otherwise, or a picture, sign, or device intended to call attention to it.
(g)Entering upon lands owned by any other another person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(h)(1)Entering upon lands or buildings owned by any other another person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of those lands.
(2)In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3)This subdivision does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i)Willfully opening, tearing down, or otherwise destroying a fence on the enclosed land of another, or opening a gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a sign, signboard, or other notice forbidding shooting on private property.
(j)Building fires upon lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owners agent, or the person in lawful possession.
(k)Entering lands, whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owners agent, or the person in lawful possession.
(l)Entering lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owners agent, or the person in lawful possession, and any of the following:
(1)Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owners agent, or by the person in lawful possession to leave the lands.
(2)Tearing down, mutilating, or destroying a sign, signboard, or notice forbidding trespass or hunting on the lands.
(3)Removing, injuring, unlocking, or tampering with a lock on a gate on or leading into the lands.
(4)Discharging a firearm.
(m)Entering and occupying real property or structures of any kind without the consent of the owner, the owners agent, or the person in lawful possession.
(n)Driving a vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owners agent, or the person in lawful possession. This subdivision does not apply to a person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owners agent, or the person in lawful possession.
(o)(1)Refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owners agent, or the person in lawful possession, and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession, or (2) the owner, the owners agent, or the person in lawful possession. The owner, the owners agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested. However, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officers assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed three years when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding three years expires. However, this subdivision does not apply to persons engaged in lawful labor union activities that are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision does not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a law or ordinance.
(2)A request for a peace officers assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession unless the transferee or new person in lawful possession notifies the relevant law enforcement agency or city of the change.
(3)A request for a peace officers assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p)Entering upon lands declared closed to entry, as provided in Section 4256 of the Public Resources Code, if the closed areas have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q)Refusing or failing 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 upon being requested to do so by a regularly employed guard, watchperson, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r)Knowingly skiing in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure.
(s)Refusing or failing to leave a hotel or motel, where the person has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t)(1)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 owners agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer is acting at the request of the owner, the owners 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)This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3)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 owners agent, or the person in lawful possession of the property.
(4)Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u)(1)Knowingly entering, by an unauthorized person, upon an airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)By a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3)As used in this subdivision, the following definitions shall control:
(A)Airport operations area means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B)Passenger vessel terminal means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, passenger vessel terminal does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C)Public transit facility has the same meaning as specified in Section 171.7.
(D)(i)Authorized personnel means a person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card. Authorized
(ii)Authorized personnel also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card. Authorized
(iii)Authorized personnel also means a person who has a valid public transit employee identification.
(E)Airport means a facility whose function is to support commercial aviation.
(v)(1)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), or public transit facility, as defined in Section 171.7, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2)Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w)Refusing or failing to leave the location of a domestic violence shelter-based program at any time after being requested to leave by a managing authority of the shelter.
(1)A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2)The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence in an amount equal to the relocation expenses of the victim of domestic violence and the victims children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program.
(x)(1)Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)As an infraction, by a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D)If probation is granted or the execution or imposition of sentencing is suspended for a person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
Except as provided in subdivisions (u), (v), and (x), and Section 602.8, every a person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a)Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b)Carrying away any kind of wood or timber lying on those lands.
(c)Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d)Digging, taking, or carrying away from any a lot situated within the limits of any an incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e)Digging, taking, or carrying away from land in any a city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f)Maliciously tearing down, damaging, mutilating, or destroying any a sign, signboard, or notice placed upon, or affixed to, any a property belonging to the state, or to any a city, county, city and county, town, or village, or upon any the property of any a person, by the state or by an automobile association, which sign, signboard, or notice is intended to indicate or designate a road or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon any the property of any a person, without license from the owner, any a notice, advertisement, or designation of, or any a name for any a commodity, whether for sale or otherwise, or any a picture, sign, or device intended to call attention to it.
(g)Entering upon any lands owned by any other person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands.
(h)(1)Entering upon lands or buildings owned by any other person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of those lands.
(2)In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3)This subdivision shall not be construed to does not preclude prosecution or punishment under any other law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i)Willfully opening, tearing down, or otherwise destroying any a fence on the enclosed land of another, or opening any a gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying any a sign, signboard, or other notice forbidding shooting on private property.
(j)Building fires upon any lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owners agent, or the person in lawful possession.
(k)Entering any lands, whether unenclosed or enclosed by fence, for the purpose of injuring any property or property rights or with the intention of interfering with, obstructing, or injuring any a lawful business or occupation carried on by the owner of the land, the owners agent, or the person in lawful possession.
(l)Entering any lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owners agent, or the person in lawful possession, and any of the following:
(1)Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owners agent, or by the person in lawful possession to leave the lands.
(2)Tearing down, mutilating, or destroying any a sign, signboard, or notice forbidding trespass or hunting on the lands.
(3)Removing, injuring, unlocking, or tampering with any a lock on any a gate on or leading into the lands.
(4)Discharging any a firearm.
(m)Entering and occupying real property or structures of any kind without the consent of the owner, the owners agent, or the person in lawful possession.
(n)Driving any a vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owners agent, or the person in lawful possession. This subdivision does not apply to any a person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owners agent, or the person in lawful possession.
(o)(1)Refusing or failing to leave land, real property, or structures belonging to to, or lawfully occupied by by, another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owners agent, or the person in lawful possession, and upon being informed by the peace officer that they are acting at the request of the owner, the owners agent, or the person in lawful possession, or (2) the owner, the owners agent, or the person in lawful possession. The owner, the owners agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officers assistance in dealing with a trespass is requested. However, a single request for a peace officers assistance assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made to cover a limited period of time not to exceed 30 days a time period determined by local ordinance or 12 months, whichever is shorter, and identified by specific dates, during which there is a fire hazard or the owner, owners agent, or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officers assistance assistance, made in a notarized writing on a form provided by the law enforcement agency, may be made for a period not to exceed 12 months three years when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months three years expires. The request for assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession. However, this subdivision does not apply to persons engaged in lawful labor union activities which that are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) or by the federal National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by any a housing authority for tenants, as defined in Section 34213.5 of the Health and Safety Code, constitutes property not open to the general public; however, this subdivision shall does not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating any a law or ordinance.
(2)A request for a peace officers assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession unless the transferee or new person in lawful possession notifies the relevant law enforcement agency or city of the change.
(3)A request for a peace officers assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p)Entering upon any lands declared closed to entry entry, as provided in Section 4256 of the Public Resources Code, if the closed areas have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q)Refusing or failing 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 upon being requested to do so by a regularly employed guard, watchperson, or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r)Knowingly skiing in an area or on a ski trail that is closed to the public and that has signs posted indicating the closure.
(s)Refusing or failing to leave a hotel or motel, where they have the person has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager, manager and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t)(1)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 owners agent, or the person in lawful possession, and upon being informed by the peace officer that they are the peace officer is acting at the request of the owner, the owners 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)This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3)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 owners agent, or the person in lawful possession of the property.
(4)Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u)(1)Knowingly entering, by an unauthorized person, upon any an airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)By a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C)By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3)As used in this subdivision, the following definitions shall control:
(A)Airport operations area means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B)Passenger vessel terminal means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, passenger vessel terminal does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C)Public transit facility has the same meaning as specified in Section 171.7.
(D)Authorized personnel means any a person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card. Authorized personnel also means any a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card. Authorized personnel also means any a person who has a valid public transit employee identification.
(E)Airport means any a facility whose function is to support commercial aviation.
(v)(1)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), or public transit facility, as defined in Section 171.7, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2)Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w)Refusing or failing to leave the location of a domestic violence shelter-based program at any time after being requested to leave by a managing authority of the shelter.
(1)A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2)The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence in an amount equal to the relocation expenses of the victim of domestic violence and the victims children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program.
(x)(1)Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that they have the person has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2)A person convicted of a violation of paragraph (1) shall be punished as follows:
(A)As an infraction, by a fine not exceeding one hundred dollars ($100).
(B)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C)By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D)If probation is granted or the execution or imposition of sentencing is suspended for any a person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y)Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of ones person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
|
Date
|
Status
|
|---|---|
| Oct 7, 2023 | Chaptered by Secretary of State. Chapter 404, Statutes of 2023. |
| Oct 7, 2023 | Approved by the Governor. |
| Sep 13, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 7, 2023 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2477.) Ordered to engrossing and enrolling. |
| Sep 5, 2023 | Ordered to special consent calendar. |
| Aug 31, 2023 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 31, 2023 | Read third time. Passed. (Ayes 76. Noes 0. Page 2861.) Ordered to the Senate. |
| Aug 24, 2023 | Read third time and amended. |
| Aug 24, 2023 | Ordered to third reading. |
| Jun 29, 2023 | Read second time. Ordered to third reading. |
| Jun 28, 2023 | From committee: Do pass. (Ayes 7. Noes 0.) (June 27). |
| Jun 13, 2023 | June 13 set for first hearing canceled at the request of author. |
| Jun 7, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| May 4, 2023 | Referred to Com. on PUB. S. |
| Apr 17, 2023 | In Assembly. Read first time. Held at Desk. |
| Apr 17, 2023 | Read third time. Passed. (Ayes 37. Noes 0. Page 742.) Ordered to the Assembly. |
| Apr 12, 2023 | Read second time. Ordered to consent calendar. |
| Apr 11, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 5. Noes 0. Page 660.) (April 11). |
| Mar 20, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB S. |
| Mar 7, 2023 | Set for hearing April 11. |
| Mar 6, 2023 | March 28 set for first hearing canceled at the request of author. |
| Mar 2, 2023 | Set for hearing March 28. |
| Feb 22, 2023 | Referred to Com. on PUB S. |
| Feb 16, 2023 | From printer. May be acted upon on or after March 18. |
| Feb 15, 2023 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2023 | Special Consent SB602 Archuleta et al. | Senate Floor |
Passed |
|
| Aug 31, 2023 | SB 602 Archuleta Senate Third Reading By Rendon | Assembly Floor |
Passed |
|
| Jun 27, 2023 | Do pass. | Assembly Standing Committee on Public Safety |
Passed |
|
| Apr 17, 2023 | Consent Calendar SB602 Archuleta et al. | Senate Floor |
Passed |
|
| Apr 11, 2023 | Do pass and be ordered to the Consent Calendar | Senate 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
|
|---|---|---|
| Banning City Of | * Support | Jun 27, 2023 |
| California Apartment Association | ** Support | |
| California Contract Cities Association | ** Support | |
| California State Sheriffs Association | ** Support | |
| City of Banning | ** Support | |
| City of Bellflower | ** Support | |
| City Of Beverly Hills | ** Support | |
| City of Colton | ** Support | |
| City of Corona | ** Support | |
| City of Downey | ** Support | |
| City Of Eastvale | ** Support | |
| City of Hawaiian Gardens | ** Support | |
| City of Lakewood | ** Support | |
| City Of Menifee | ** Support | |
| City of Norwalk | ** Support | |
| city of paramount | ** Support | |
| City of Paris | * Support | Jun 27, 2023 |
| City of Perris | ** Support | |
| City of Pico Rivera | ** Support | |
| City of Riverside | ** Support | |
| City of Rosemead | ** Support | |
| City of Whittier | ** Support | |
| City Of Wildomar | ** Support | |
| League Of California Cities | ** Support | |
| Los Angeles County Division, League of California Cities | ** Support | |
| Riverside County Board of Supervisors | * Support | Jun 27, 2023 |
| Riverside County Sheriff’s Office | ** Support | |
| Riverside County Supervisor Karen Spiegel | ** Support | |
| Sheriff Chad Bianco | * Support | Jun 27, 2023 |
| Southwest California Legislative Council | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 602 |
UNFINISHED BUSINESS
Bill No: SB 602
Author: Archuleta (D) and Seyarto (R), et al.
Amended: 8/24/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 4/11/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SENATE FLOOR: 37-0, 4/17/23 (Consent)
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Hurtado, Padilla, Stern
ASSEMBLY FLOOR: 76-0, 8/31/23 - See last page for vote
SUBJECT: Trespass
SOURCE: City of Bellflower
DIGEST:
This bill extends the operative timeframe for trespass letters of authorization from 30 days to 12 months, as specified.
Assembly Amendments
narrow the scope of the bill to apply only to properties where the owner is absent or there is a fire hazard.
ANALYSIS:
Existing law:
- Includes numerous provisions defining various forms of trespass and applicable penalties. Crime definitions and penalties typically turn on whether any damage has been done to property and whether the trespasser refuses a valid request to leave the land. (Pen. Code § 602-607.)
- Provides that any person is guilty of a misdemeanor, punishable by a county jail term of up to six months, a fine of up to $1,000 or both, who enters any other person's cultivated or fenced land, or who enters uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along exterior boundaries and at all roads and trails entering the lands without written permission, and does any of the following:
- Refuses or fails to leave immediately upon being requested to do so by the owner, owner's agent or by the person in lawful possession;
- Tears down, mutilates, or destroys any sign or notice forbidding trespass or hunting;
- Tears down, mutilates, or destroys any sign or notice forbidding trespass or hunting; and
- Discharges a firearm. (Pen. Code § 602, subd. (l).)
- Provides that any person is guilty of misdemeanor trespass who enters and occupies real property or structures of any kind without the consent of the owner, the owner’s agent or the person in lawful possession. (Pen. Code § 602, subd. (m).)
- Provides, generally, that a person commits one form of trespass to cultivated, fenced or posted land, where he or she, without the written permission of the landowner, the owner's agent or of the person in lawful possession of the land:
- Willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by another person; or,
- Willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands. (Pen. Code § 602.8, subd. (a).)
- Provides that a person is guilty of trespass where the person enters private property, whether or not the property is open to the public, and the following circumstances apply:
- The person has been previously convicted of a violent felony on the property, as defined;
- The owner, the owner’s agent, or lawful possessor, has requested a peace officer to inform the person that the property is not open to him or her;
- The peace officer has informed the person that he or she may not enter the property and informs the person that the notice has been given at the request of the owner or other authorized person;
- A single specified notification shall be valid and enforceable unless and until rescinded by the owner or other specified authorized person; and,
- This form of trespass is also committed where the person fails to leave the property upon being asked to do so as provided in the subdivision defining the crime. (Pen. Code §602, subd. (t).)
- Allows for prosecution against those who refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave 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 the officer is acting with such authority. (Pen. Code § 602, subd. (o).)
- Requires an owner, the owner’s agent or person in lawful possession of real property to make a separate request to a peace officer on each occasion when a peace officer’s assistance in dealing with trespass is request, although a single request for assistance may be made to cover a maximum of 30 days when there is a fire hazard to the property or the owner is absent. (Pen. Code § 602, subd. (o).)
- Authorizes an owner, owner’s agent or person in lawful possession of real property to make a single request for law enforcement assistance for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed, and shall inform law enforcement when assistance is no longer desired. (Pen. Code § 602, subd. (o).)
- Provides that requests for law enforcement assistance under Penal Code Section 602(o) expire upon transfer of ownership of the property or upon a change in the person in lawful possession. (Pen. Code § 602, subd. (o).)
This bill:
- Extends the operative timeframe for trespass letters of authorization from 30 days to 12 months or a time determined by local ordinance, whichever is shorter, for properties where there is a fire hazard or the owner is absent.
- Requires trespass letters of authorization to be submitted in a notarized writing on a form provided by law enforcement.
- Allows trespass letters of authorization to be submitted electronically.
Comments
According to the author, “SB 602 will help local governments deal with public nuisance and graffiti issues by extending the timeframe for Letters of Agency from 30 days up to 12 months based on local ordinances and extends the operative timeframe for trespass authorization letters from 12 months to 3 years if the property is closed to the public and posted as being closed. The bill also will allow for electronic filing of these letters. Currently, in order for cities to complete such abatement, cities and their respective law enforcement agencies are required to obtain an updated letter every 30 days from property owners. It can be extremely difficult for local governments to obtain Letters of Agency in an expeditious manner from unresponsive absentee owners.”
The trespass laws include twelve separate sections, each with different crimes with separate elements. The major trespass section – 602 – has nearly an entire alphabet of subdivisions. Most of the subdivisions in Section 602 define separate crimes, typically each with slightly different elements than the other subdivisions. Trespassing is generally punished as a misdemeanor, though California law does include a felony for aggravated trespass. Of the more than 30 discrete acts that constitute criminal trespassing, the most common are:
- Entering someone else’s property with the intent to damage that property.
- Entering someone else’s property with the intent to interfere with or obstruct the business activities conducted thereon.
- Entering and "occupying" another’s property without permission.
- Refusing to leave private property after being asked to do so.
Existing law allows owners of private property to request law enforcement assistance in ejecting trespassers from their property, but includes limits on when and how assistance may be requested based on whether the property is posted as being closed to the public. Specifically, existing law provides that when property is not posted as being closed to the public and the property owner requests that law enforcement demand that a trespasser leave the property, the owner or agent must make a separate request each time he or she seeks law enforcement assistance. However, there is an exception under which a single request may be valid for 30 days, during which a fire hazard exists and the owner or owner’s agent is absent from the property. If the property is posted as being closed to the public, a single request for law enforcement assistance in ejecting trespassers is effective for twelve months. These are the provisions of law at issue in this bill.
The request for law enforcement assistance in enforcing trespass laws at properties posted and not posted as closed to the public is generally made via a “Trespass Letter of Authority.” These letters – also known as “602 Letters” – authorize local authorities to enter the premises to enforce trespass laws in the owner’s absence. According to the author, obtaining these letters can be a laborious process, which “results in local governments and their law enforcement agencies having to use valuable staff resources and time for administrative purposes when they could be using their time more productively to serve their communities.”
As stated previously, existing law provides that trespass letters of authorization submitted to law enforcement remain effective for twelve months for properties posted as closed to the public, and for 30 days for unposted properties where there is a fire hazard or the owner or owner’s agent is not present. This bill extends the operative timeframe for 602 letters to 12 months for properties where there is a fire hazard or the owner is absent. This bill requires that all 602 letters be submitted in a notarized writing on a form provided by law enforcement, and authorizes letters to be submitted and excepted electronically.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 8/31/23)
City of Bellflower (source)
California Apartment Association
California Contract Cities Association
California State Sheriffs’ Association
City of Banning
City of Beverly Hills
City of Colton
City of Corona
City of Downey
City of Eastvale
City of Hawaiian Gardens
City of Lakewood
City of Menifee
City of Norwalk
City of Paramount
City of Perris
City of Pico Rivera
City of Riverside
City of Rosemead
City of Whittier
City of Wildomar
League of California Cities
Los Angeles County Division, League of California Cities
Riverside County Sheriff’s Office
Riverside County Supervisor Karen Spiegel
Southwest California Legislative Council
OPPOSITION: (Verified 8/28/23)
None received
ASSEMBLY FLOOR: 76-0, 8/31/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Bonta, Lee, McCarty, McKinnor
Prepared by: Alex Barnett / PUB. S. /
8/31/23 16:18:09
**** END ****
SENATE THIRD READING
STR Bill Id:SB 602
Author:(Archuleta and Seyarto)
As Amended Ver:August 24, 2023
Majority vote
SUMMARY
Extends the operative timeframe for trespass letters of authorization, as specified.
Major Provisions
- Extends the operative timeframe for trespass letters of authorization from 30 days to 12 months or a time determined by local ordinance, whichever is shorter, for properties where there is a fire hazard or the owner is absent.
- Requires trespass letters of authorization to be submitted in a notarized writing on a form provided by law enforcement.
- Allows trespass letters of authorization to be submitted electronically.
COMMENTS
According to the Author
"SB 602 will help local governments deal with public nuisance and graffiti issues by extending the timeframe for Letters of Agency from 30 days up to 12 months based on local ordinances and extends the operative timeframe for trespass authorization letters from 12 months to 3 years if the property is closed to the public and posted as being closed. The bill also will allow for electronic filing of these letters.
"Currently, in order for cities to complete such abatement, cities and their respective law enforcement agencies are required to obtain an updated letter every 30 days from property owners. It can be extremely difficult for local governments to obtain Letters of Agency in an expeditious manner from unresponsive absentee owners. This results in local governments and their law enforcement agencies having to use valuable staff resources and time for administrative purposes when they could be using their time more productively to serve their communities."
Arguments in Support
According to California Contract Cities Association, "By extending the effective duration of Letters of Agency from 30 days to 12 months, and widening the operative time frame of trespass authorization letters from 12 months to 3 years, SB 602 would significantly improve the current process for local governments to manage graffiti removal and other public nuisances. This legislation would in turn have a very positive impact on communities across the state."
Arguments in Opposition
None on file.
FISCAL COMMENTS
Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
VOTES
SENATE FLOOR: 37-0-3
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Hurtado, Padilla, Stern
ASM PUBLIC SAFETY: 7-0-1
YES: Jones-Sawyer, Alanis, Bryan, Lackey, Ortega, Santiago, Jackson
ABS, ABST OR NV: Bonta
UPDATED
VERSION: August 24, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0001288
SENATE THIRD READING
STR Bill Id:SB 602
Author:(Archuleta and Seyarto)
As Amended Ver:June 7, 2023
Majority vote
SUMMARY
Extends the operative timeframe for trespass letters of authorization, as specified.
Major Provisions
- Extends the operative timeframe for trespass letters of authorization from 30 days to 12 months or a time determined by local ordinance, whichever is shorter, for properties where there is a fire hazard or the owner is absent.
- Extends the operative timeframe for trespass letters of authorization from 12 months to three years for properties closed to the public and posted as being closed to the public.
- Requires trespass letters of authorization to be submitted in a notarized writing on a form provided by law enforcement.
- Allows trespass letters of authorization to be submitted electronically.
COMMENTS
According to the Author
"SB 602 will help local governments deal with public nuisance and graffiti issues by extending the timeframe for Letters of Agency from 30 days up to 12 months based on local ordinances and extends the operative timeframe for trespass authorization letters from 12 months to 3 years if the property is closed to the public and posted as being closed. The bill also will allow for electronic filing of these letters.
"Currently, in order for cities to complete such abatement, cities and their respective law enforcement agencies are required to obtain an updated letter every 30 days from property owners. It can be extremely difficult for local governments to obtain Letters of Agency in an expeditious manner from unresponsive absentee owners. This results in local governments and their law enforcement agencies having to use valuable staff resources and time for administrative purposes when they could be using their time more productively to serve their communities."
Arguments in Support
According to California Contract Cities Association, "By extending the effective duration of Letters of Agency from 30 days to 12 months, and widening the operative time frame of trespass authorization letters from 12 months to 3 years, SB 602 would significantly improve the current process for local governments to manage graffiti removal and other public nuisances. This legislation would in turn have a very positive impact on communities across the state."
Arguments in Opposition
None on file.
FISCAL COMMENTS
Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
VOTES
SENATE FLOOR: 37-0-3
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Hurtado, Padilla, Stern
ASM PUBLIC SAFETY: 7-0-1
YES: Jones-Sawyer, Alanis, Bryan, Lackey, Ortega, Santiago, Jackson
ABS, ABST OR NV: Bonta
UPDATED
VERSION: June 7, 2023
CONSULTANT: Liah Burnley / PUB. S. / (916) 319-3744 FN: 0001169
Date of Hearing: June 27, 2023
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 602
Author:(Archuleta) – As Amended Ver:June 7, 2023
SUMMARY: Extends the operative timeframe for trespass letters of authorization, as specified. Specifically, this bill:
- Extends the operative timeframe for trespass letters of authorization from 30 days to 12 months or a time determined by local ordinance, whichever is shorter, for properties where there is a fire hazard or the owner is absent.
- Extends the operative timeframe for trespass letters of authorization from 12 months to three years for properties closed to the public and posted as being closed to the public.
- Requires trespass letters of authorization to be submitted in a notarized writing on a form provided by law enforcement.
- Allows trespass letters of authorization to be submitted electronically.
EXISTING LAW:
- Provides that a person is guilty of misdemeanor trespass, punishable by a county jail term of up to six months, a fine of up to $1,000 or both, if they enter, without written permission, any other person’s cultivated or fenced land, or they enter uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along exterior boundaries and at all roads and trails entering the lands, and do any of the following:
- Refuse or fail to leave immediately upon being requested to do so by the owner, owner’s agent, or by the person in lawful possession;
- Tear down, mutilate, or destroy any sign or notice forbidding trespass or hunting;
- Remove or tamper with any lock on any gate on or leading into the lands; or,
- Discharge a firearm. (Pen. Code, § 602, subd. (l).)
- Refuse or fail to leave immediately upon being requested to do so by the owner, owner’s agent, or by the person in lawful possession;
- Provides that a person is guilty of misdemeanor trespass if they enter and occupy real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession. (Pen. Code, § 602, subd. (m).)
- Provides that a person commits one form of trespass to cultivated, fenced or posted land, where they, without the written permission of the landowner, the owner’s agent, or of the person in lawful possession of the land:
- Willfully enter any lands under cultivation or enclosed by fence, belonging to, or occupied by another person; or
- Willfully enter upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands. (Pen. Code, § 602.8, subd. (a).)
- Willfully enter any lands under cultivation or enclosed by fence, belonging to, or occupied by another person; or
- Provides that a person is guilty of trespass where the person enters private property, whether or not the property is open to the public, and the following circumstances apply:
- The person has been previously convicted of a violent felony on the property, as defined;
- The owner, the owner’s agent, or lawful possessor, has requested a peace officer to inform the person that the property is not open to him or her;
- The peace officer has informed the person that he or she may not enter the property and informs the person that the notice has been given at the request of the owner or other authorized person; and,
- The person fails to leave the property upon being asked to do so. (Pen. Code, §602, subd. (t).)
- The person has been previously convicted of a violent felony on the property, as defined;
- Allows for prosecution against any person who refuses or fails to leave property or a structure that belongs to or is lawfully occupied by another and is not open to the general public, upon being requested to leave 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 the officer is acting with such authority. (Pen. Code § 602, subd. (o).)
- Requires an owner, the owner’s agent, or person in lawful possession of the property to make a separate request to a peace officer on each occasion when a peace officer’s assistance in dealing with trespass is needed. A single request for assistance may be made to cover a maximum of 30 days when there is a fire hazard to the property or the owner is absent, and the property is not posted as closed to the public. (Pen. Code § 602, subd. (o).)
- Authorizes an owner, owner’s agent, or person in lawful possession of real property to make a single request for law enforcement assistance for a period not to exceed 12 months when the property is closed to the public and posted as being closed, and to inform law enforcement when assistance is no longer desired. (Pen. Code § 602, subd. (o).)
- Provides that request for law enforcement assistance expire upon transfer of ownership of the property or upon a change in the person in lawful possession. (Pen. Code § 602, subd. (o).)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “SB 602 will help local governments deal with public nuisance and graffiti issues by extending the timeframe for Letters of Agency from 30 days up to 12 months based on local ordinances and extends the operative timeframe for trespass authorization letters from 12 months to 3 years if the property is closed to the public and posted as being closed. The bill also will allow for electronic filing of these letters.
“Currently, in order for cities to complete such abatement, cities and their respective law enforcement agencies are required to obtain an updated letter every 30 days from property owners. It can be extremely difficult for local governments to obtain Letters of Agency in an expeditious manner from unresponsive absentee owners. This results in local governments and their law enforcement agencies having to use valuable staff resources and time for administrative purposes when they could be using their time more productively to serve their communities.” - Trespass: California’s trespass major trespass provision – Penal Code section 602 – has nearly an entire alphabet of subdivisions. Most of the subdivisions in Section 602 define separate crimes, typically each with slightly different elements than the other subdivisions. Trespass is generally a misdemeanor, though California law does include a felony for aggravated trespass. (Pen. Code, § 602 subds. (k) & (l).)
- Trespass Letters of Authorization: Under existing law, owners of private property may request law enforcement assistance in ejecting trespassers from their property. If the property is not posted as being closed to the public, the property owner must request law enforcement assistance each time assistance is needed, subject to an exception under which a single request may be valid for 30 days when the owner is absent from the property and there is a fire hazard or the owner is absent. (Pen. Code, §602, subd. (o).) If the property is posted as closed to the public, a single request for law enforcement assistance in ejecting trespassers is effective for 12 months. (Pen. Code, §602, subd. (o).) The request for assistance expires upon transfer of ownership or upon a change in lawful possession of the property. (Ibid.) The request for law enforcement assistance in enforcing trespass laws is generally made via a “Trespass Letter of Authority.” These letters – also known as “602 Letters” – authorize local authorities to enter the premises to enforce trespass laws in the owner’s absence.
This bill would extend the operative timeframe that trespass letters of authorization submitted to law enforcement remain effective from 12 months to three years for properties closed to the public and posted as being closed to the public. This bill would also extend the operative timeframe for trespass letters of authorization from 30 days to 12 months or a time determined by local ordinance, whichever is shorter, for properties where there is a fire hazard or the owner is absent.
This bill would also require trespass letters of authorization to be notarized and submitted on a form provided by law enforcement. Additionally, this bill would authorize local governments to accept trespass letters electronically. Notably, many cities already accept electronic letters of authorization and existing law does not prohibit the practice. (See e.g. Letter of Authority / No Trespass Letter, City of Merced <https://www.cityofmerced.org/departments/letter-of-authority> [May 18, 2023] [“the Merced Police Department is no longer doing paper forms for submitting a Letter of Authority. The process is electronic. After submitting the electronic form, the residence will be flagged as having a Letter of Authority on file”]; see also TRESPASS/602 LETTER, City of San Luis Obispo <https://www.slocity.org/government/department-directory/police-department/trespass-602-letter> [May 18, 2023] [allowing electronic submission]; Trespass Authorization Letter, City of Chula Vista [May 18, 2023] <https://www.chulavistaca.gov/departments/police-department/preventing-crime-and-disorder/reducing-trespassing-problems/trespass-authorization-letter> [electronic submission form].)
3) Criticisms of Trespass Letters of Authorization: Trespass letters of authorization are not without controversy. Critics argue that trespass letters of authorization exacerbate homelessness by unfairly punishing homeless individuals. According to a report by the ACLU, “trespass letters of authorization enable police, local businesses, public services, and even homelessness service providers to work together to control the movements of unhoused people and exclude them from both public and private spaces.” (Outside the Law: The Legal War against Unhoused People, ACLU California (Oct. 2021) <https://www.aclusocal.org/sites/default/files/outsidethelaw-aclufdnsca-report.pdf> [May 18, 2023].) In a case study conducted in Laguna Beach, the ACLU found that of 97 citations issued to unhoused people, 67 resulted from trespass letters of authorization. (Id. at p. 51.) And, police have recently considered more harshly enforcing trespassing laws as a way to deal with the homelessness crisis. In Bakersfield, California, county officials proposed a program to fight homelessness by more aggressively prosecuting and incarcerating trespassers. (Throwing People in Jail on Drug Charges? That’s Bakersfield’s Idea to Fight Homelessness, LA Times (Sept. 27, 2019) <https://www.latimes.com/california/story/2019-09-26/homeless-bakersfield-jail-misdemeanor-drug-trespassing> [May 18, 2023]; see also Cities Try to Arrest Their Way Out of Homeless Problems, ABC News (June 29, 2020) <https://web.archive.org/web/20220625011111/https://abcnews.go.com/US/wireStory/cities-arrest-homeless-problems-71511969> [May 18, 2023].)
Critics of these approaches argue that strict enforcement of trespass laws create a cycle of arrests, hearings, and fines that make emerging from homelessness all the more difficult. Responding to this criticism, Los Angeles District Attorney George Gascón in 2020 announced a new policy under which his office would decline to prosecute trespass except in specific cases of repeat offense on the same property and imminent safety risks. (Special Directive 20-07, Los Angeles County District Attorney George Gascón (Dec. 7, 2020) <https://da.lacounty.gov/sites/default/files/pdf/SPECIAL-DIRECTIVE-20-07.pdf> [May 18, 2023].)
This bill would significantly increase the operative period for trespass letters. The Legislature should consider whether extending the operative timeframe that trespass letters of authorization could negatively affect people with unstable housing. - Argument in Support: According to California Contract Cities Association, “By extending the effective duration of Letters of Agency from 30 days to 12 months, and widening the operative time frame of trespass authorization letters from 12 months to 3 years, SB 602 would significantly improve the current process for local governments to manage graffiti removal and other public nuisances. This legislation would in turn have a very positive impact on communities across the state.”
- Prior Legislation:
- SB 1110 (Melendez), of the 2021-2022 Legislative Session, was substantially similar to this bill. SB 1110 failed passage on the Assembly floor.
- AB 1686 (Medina), Chapter 453, Statutes of 2014, extended from six months to 12 months the time in which a property owner may authorize a peace officer to arrest a trespasser on private property, closed to the public and posted as being closed, without the owner of the property being present.
- SB 1295 (Block), Chapter 373, Statutes of 2014, extended from six months to 12 months the time in which a property owner may authorize a peace officer to arrest a trespasser on private property, closed to the public and posted as being closed, without the owner of the property being present, and provides that a request for assistance shall expire upon transfer of ownership of the property or upon change of the person in lawful possession.
- AB 668 (Lieu) Chapter 531, Statutes of 2010, expanded the scope of criminal trespass by providing that during a specified timeframe it is unlawful for a person who has been convicted of any felony, any misdemeanor, or any specified infraction, committed upon a particular private property, to enter or refuse or fail to leave that property after being informed by a peace officer that the property is not open to the particular person, or to refuse or fail to leave when asked, as specified.
- SB 1486 (Schiff), Chapter 563, Statutes of 2000, made a person who enters a noncommercial residence without the owner’s consent, while a resident or another person authorized to be in the dwelling is present at any time during the course of the incident, guilty of aggravated trespass punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both.
- SB 1110 (Melendez), of the 2021-2022 Legislative Session, was substantially similar to this bill. SB 1110 failed passage on the Assembly floor.
REGISTERED SUPPORT / OPPOSITION:
Support
City of Bellflower (Sponsor)
California Apartment Association
California Contract Cities Association
California State Sheriffs' Association
City of Banning
City of Colton
City of Corona
City of Downey
City of Eastvale
City of Hawaiian Gardens
City of Lakewood
City of Menifee
City of Norwalk
City of Paramount
City of Perris
City of Pico Rivera
City of Riverside
City of Rosemead
City of Whittier
City of Wildomar
County of Riverside
League of California Cities
Los Angeles County Division, League of California Cities
Riverside County Sheriff's Office
Riverside County Supervisor Karen Spiegel
Southwest California Legislative Council
Opposition
None submitted.
Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744
Date of Hearing: June 13, 2023
Counsel: Liah Burnley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SBPCA Bill Id:SB 602
Author:(Archuleta) – As Amended Ver:June 7, 2023
SUMMARY: Extends the operative timeframe for trespass letters of authorization, as specified. Specifically, this bill:
- Extends the operative timeframe for trespass letters of authorization from 30 days to 12 months or a time determined by local ordinance, whichever is shorter, for properties where there is a fire hazard or the owner is absent.
- Extends the operative timeframe for trespass letters of authorization from 12 months to three years for properties closed to the public and posted as being closed to the public.
- Requires trespass letters of authorization to be submitted in a notarized writing on a form provided by law enforcement.
- Allows trespass letters of authorization to be submitted electronically.
EXISTING LAW:
- Provides that a person is guilty of misdemeanor trespass, punishable by a county jail term of up to six months, a fine of up to $1,000 or both, if they enter, without written permission, any other person’s cultivated or fenced land, or they enter uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along exterior boundaries and at all roads and trails entering the lands, and do any of the following:
- Refuse or fail to leave immediately upon being requested to do so by the owner, owner’s agent, or by the person in lawful possession;
- Tear down, mutilate, or destroy any sign or notice forbidding trespass or hunting;
- Remove or tamper with any lock on any gate on or leading into the lands; or,
- Discharge a firearm. (Pen. Code, § 602, subd. (l).)
- Refuse or fail to leave immediately upon being requested to do so by the owner, owner’s agent, or by the person in lawful possession;
- Provides that a person is guilty of misdemeanor trespass if they enter and occupy real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession. (Pen. Code, § 602, subd. (m).)
- Provides that a person commits one form of trespass to cultivated, fenced or posted land, where they, without the written permission of the landowner, the owner’s agent, or of the person in lawful possession of the land:
- Willfully enter any lands under cultivation or enclosed by fence, belonging to, or occupied by another person; or
- Willfully enter upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands. (Pen. Code, § 602.8, subd. (a).)
- Willfully enter any lands under cultivation or enclosed by fence, belonging to, or occupied by another person; or
- Provides that a person is guilty of trespass where the person enters private property, whether or not the property is open to the public, and the following circumstances apply:
- The person has been previously convicted of a violent felony on the property, as defined;
- The owner, the owner’s agent, or lawful possessor, has requested a peace officer to inform the person that the property is not open to him or her;
- The peace officer has informed the person that he or she may not enter the property and informs the person that the notice has been given at the request of the owner or other authorized person; and,
- The person fails to leave the property upon being asked to do so. (Pen. Code, §602, subd. (t).)
- The person has been previously convicted of a violent felony on the property, as defined;
- Allows for prosecution against any person who refuses or fails to leave property or a structure that belongs to or is lawfully occupied by another and is not open to the general public, upon being requested to leave 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 the officer is acting with such authority. (Pen. Code § 602, subd. (o).)
- Requires an owner, the owner’s agent, or person in lawful possession of the property to make a separate request to a peace officer on each occasion when a peace officer’s assistance in dealing with trespass is needed. A single request for assistance may be made to cover a maximum of 30 days when there is a fire hazard to the property or the owner is absent, and the property is not posted as closed to the public. (Pen. Code § 602, subd. (o).)
- Authorizes an owner, owner’s agent, or person in lawful possession of real property to make a single request for law enforcement assistance for a period not to exceed 12 months when the property is closed to the public and posted as being closed, and to inform law enforcement when assistance is no longer desired. (Pen. Code § 602, subd. (o).)
- Provides that request for law enforcement assistance expire upon transfer of ownership of the property or upon a change in the person in lawful possession. (Pen. Code § 602, subd. (o).)
FISCAL EFFECT: Unknown.
COMMENTS:
- Author's Statement: According to the author, “SB 602 will help local governments deal with public nuisance and graffiti issues by extending the timeframe for Letters of Agency from 30 days up to 12 months based on local ordinances and extends the operative timeframe for trespass authorization letters from 12 months to 3 years if the property is closed to the public and posted as being closed. The bill also will allow for electronic filing of these letters.
“Currently, in order for cities to complete such abatement, cities and their respective law enforcement agencies are required to obtain an updated letter every 30 days from property owners. It can be extremely difficult for local governments to obtain Letters of Agency in an expeditious manner from unresponsive absentee owners. This results in local governments and their law enforcement agencies having to use valuable staff resources and time for administrative purposes when they could be using their time more productively to serve their communities.” - Trespass: California’s trespass major trespass provision – Penal Code section 602 – has nearly an entire alphabet of subdivisions. Most of the subdivisions in Section 602 define separate crimes, typically each with slightly different elements than the other subdivisions. Trespass is generally a misdemeanor, though California law does include a felony for aggravated trespass. (Pen. Code, § 602 subds. (k) & (l).)
- Trespass Letters of Authorization: Under existing law, owners of private property may request law enforcement assistance in ejecting trespassers from their property. If the property is not posted as being closed to the public, the property owner must request law enforcement assistance each time assistance is needed, subject to an exception under which a single request may be valid for 30 days when the owner is absent from the property and there is a fire hazard or the owner is absent. (Pen. Code, §602, subd. (o).) If the property is posted as closed to the public, a single request for law enforcement assistance in ejecting trespassers is effective for 12 months. (Pen. Code, §602, subd. (o).) The request for assistance expires upon transfer of ownership or upon a change in lawful possession of the property. (Ibid.) The request for law enforcement assistance in enforcing trespass laws is generally made via a “Trespass Letter of Authority.” These letters – also known as “602 Letters” – authorize local authorities to enter the premises to enforce trespass laws in the owner’s absence.
This bill would extend the operative timeframe that trespass letters of authorization submitted to law enforcement remain effective from 12 months to three years for properties closed to the public and posted as being closed to the public. This bill would also extend the operative timeframe for trespass letters of authorization from 30 days to 12 months or a time determined by local ordinance, whichever is shorter, for properties where there is a fire hazard or the owner is absent.
This bill would also require trespass letters of authorization to be notarized and submitted on a form provided by law enforcement. Additionally, this bill would authorize local governments to accept trespass letters electronically. Notably, many cities already accept electronic letters of authorization and existing law does not prohibit the practice. (See e.g. Letter of Authority / No Trespass Letter, City of Merced <https://www.cityofmerced.org/departments/letter-of-authority> [May 18, 2023] [“the Merced Police Department is no longer doing paper forms for submitting a Letter of Authority. The process is electronic. After submitting the electronic form, the residence will be flagged as having a Letter of Authority on file”]; see also TRESPASS/602 LETTER, City of San Luis Obispo <https://www.slocity.org/government/department-directory/police-department/trespass-602-letter> [May 18, 2023] [allowing electronic submission]; Trespass Authorization Letter, City of Chula Vista [May 18, 2023] <https://www.chulavistaca.gov/departments/police-department/preventing-crime-and-disorder/reducing-trespassing-problems/trespass-authorization-letter> [electronic submission form].)
3) Criticisms of Trespass Letters of Authorization: Trespass letters of authorization are not without controversy. Critics argue that trespass letters of authorization exacerbate homelessness by unfairly punishing homeless individuals. According to a report by the ACLU, “trespass letters of authorization enable police, local businesses, public services, and even homelessness service providers to work together to control the movements of unhoused people and exclude them from both public and private spaces.” (Outside the Law: The Legal War against Unhoused People, ACLU California (Oct. 2021) <https://www.aclusocal.org/sites/default/files/outsidethelaw-aclufdnsca-report.pdf> [May 18, 2023].) In a case study conducted in Laguna Beach, the ACLU found that of 97 citations issued to unhoused people, 67 resulted from trespass letters of authorization. (Id. at p. 51.) And, police have recently considered more harshly enforcing trespassing laws as a way to deal with the homelessness crisis. In Bakersfield, California, county officials proposed a program to fight homelessness by more aggressively prosecuting and incarcerating trespassers. (Throwing People in Jail on Drug Charges? That’s Bakersfield’s Idea to Fight Homelessness, LA Times (Sept. 27, 2019) <https://www.latimes.com/california/story/2019-09-26/homeless-bakersfield-jail-misdemeanor-drug-trespassing> [May 18, 2023]; see also Cities Try to Arrest Their Way Out of Homeless Problems, ABC News (June 29, 2020) <https://web.archive.org/web/20220625011111/https://abcnews.go.com/US/wireStory/cities-arrest-homeless-problems-71511969> [May 18, 2023].)
Critics of these approaches argue that strict enforcement of trespass laws create a cycle of arrests, hearings, and fines that make emerging from homelessness all the more difficult. Responding to this criticism, Los Angeles District Attorney George Gascón in 2020 announced a new policy under which his office would decline to prosecute trespass except in specific cases of repeat offense on the same property and imminent safety risks. (Special Directive 20-07, Los Angeles County District Attorney George Gascón (Dec. 7, 2020) <https://da.lacounty.gov/sites/default/files/pdf/SPECIAL-DIRECTIVE-20-07.pdf> [May 18, 2023].)
This bill would significantly increase the operative period for trespass letters. The Legislature should consider whether extending the operative timeframe that trespass letters of authorization could negatively affect people with unstable housing. - Argument in Support: According to California Contract Cities Association, “By extending the effective duration of Letters of Agency from 30 days to 12 months, and widening the operative time frame of trespass authorization letters from 12 months to 3 years, SB 602 would significantly improve the current process for local governments to manage graffiti removal and other public nuisances. This legislation would in turn have a very positive impact on communities across the state.”
- Prior Legislation:
- SB 1110 (Melendez), of the 2021-2022 Legislative Session, was substantially similar to this bill. SB 1110 failed passage on the Assembly floor.
- AB 1686 (Medina), Chapter 453, Statutes of 2014, extended from six months to 12 months the time in which a property owner may authorize a peace officer to arrest a trespasser on private property, closed to the public and posted as being closed, without the owner of the property being present.
- SB 1295 (Block), Chapter 373, Statutes of 2014, extended from six months to 12 months the time in which a property owner may authorize a peace officer to arrest a trespasser on private property, closed to the public and posted as being closed, without the owner of the property being present, and provides that a request for assistance shall expire upon transfer of ownership of the property or upon change of the person in lawful possession.
- AB 668 (Lieu) Chapter 531, Statutes of 2010, expanded the scope of criminal trespass by providing that during a specified timeframe it is unlawful for a person who has been convicted of any felony, any misdemeanor, or any specified infraction, committed upon a particular private property, to enter or refuse or fail to leave that property after being informed by a peace officer that the property is not open to the particular person, or to refuse or fail to leave when asked, as specified.
- SB 1486 (Schiff), Chapter 563, Statutes of 2000, made a person who enters a noncommercial residence without the owner’s consent, while a resident or another person authorized to be in the dwelling is present at any time during the course of the incident, guilty of aggravated trespass punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than $1,000, or by both.
- SB 1110 (Melendez), of the 2021-2022 Legislative Session, was substantially similar to this bill. SB 1110 failed passage on the Assembly floor.
REGISTERED SUPPORT / OPPOSITION:
Support
City of Bellflower (Sponsor)
California Apartment Association
California Contract Cities Association
California State Sheriffs' Association
City of Banning
City of Colton
City of Corona
City of Downey
City of Eastvale
City of Hawaiian Gardens
City of Lakewood
City of Menifee
City of Norwalk
City of Paramount
City of Perris
City of Pico Rivera
City of Riverside
City of Rosemead
City of Whittier
City of Wildomar
County of Riverside
League of California Cities
Los Angeles County Division, League of California Cities
Riverside County Sheriff's Office
Riverside County Supervisor Karen Spiegel
Southwest California Legislative Council
Opposition
None submitted.
Analysis Prepared by: Liah Burnley / PUB. S. / (916) 319-3744
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 602 |
CONSENT
Bill No: SB 602
Author: Archuleta (D) and Seyarto (R), et al.
Amended: 3/20/23
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 4/11/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
SUBJECT: Trespass
SOURCE: City of Bellflower
DIGEST:
This bill extends the operative timeframe for trespass letters of authorization from 30 days to the shorter of 12 months or a time period determined by local ordinance for properties where there is a fire hazard or the owner is absent, and from 12 months to 3 years for properties closed to the public and posted as being closed to the public. Additionally, this bill requires trespass letters of authorization to be submitted in a notarized writing on a form provided by law enforcement, and allows for letters to be submitted electronically.
ANALYSIS:
Existing law:
- Includes numerous provisions defining various forms of trespass and applicable penalties. Crime definitions and penalties typically turn on whether any damage has been done to property and whether the trespasser refuses a valid request to leave the land. (Pen. Code § 602-607.)
- Provides that any person is guilty of a misdemeanor, punishable by a county jail term of up to 6 months, a fine of up to $1000 or both, who enters any other person's cultivated or fenced land, or who enters uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along exterior boundaries and at all roads and trails entering the lands without written permission, and does any of the following:
- Refuses or fails to leave immediately upon being requested to do so by the owner, owner's agent or by the person in lawful possession;
- Tears down, mutilates, or destroys any sign or notice forbidding trespass or hunting;
- Tears down, mutilates, or destroys any sign or notice forbidding trespass or hunting;
- Discharges a firearm. (Pen. Code § 602, subd. (l).)
- Provides that any person is guilty of misdemeanor trespass who enters and occupies real property or structures of any kind without the consent of the owner, the owner’s agent or the person in lawful possession. (Pen. Code § 602, subd. (m).)
- Provides, generally, that a person commits one form of trespass to cultivated, fenced or posted land, where he or she, without the written permission of the landowner, the owner's agent or of the person in lawful possession of the land:
- Willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by another person; or,
- Willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands. (Pen. Code § 602.8, subd. (a).)
- Provides that a person is guilty of trespass where the person enters private property, whether or not the property is open to the public, and the following circumstances apply:
- The person has been previously convicted of a violent felony on the property, as defined, and;
- The owner, the owner’s agent, or lawful possessor, has requested a peace officer to inform the person that the property is not open to him or her;
- The peace officer has informed the person that he or she may not enter the property and informs the person that the notice has been given at the request of the owner or other authorized person;
- A single specified notification shall be valid and enforceable unless and until rescinded by the owner or other specified authorized person; and,
- This form of trespass is also committed where the person fails to leave the property upon being asked to do so as provided in the subdivision defining the crime. (Pen. Code §602, subd. (t).)
- Allows for prosecution against those who refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave 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 the officer is acting with such authority. (Pen. Code § 602, subd. (o).)
- Requires an owner, the owner’s agent or person in lawful possession of real property to make a separate request to a peace officer on each occasion when a peace officer’s assistance in dealing with trespass is request, although a single request for assistance may be made to cover a maximum of 30 days when there is a fire hazard to the property or the owner is absent. (Pen. Code § 602, subd. (o).)
- Authorizes an owner, owner’s agent or person in lawful possession of real property to make a single request for law enforcement assistance for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed, and shall inform law enforcement when assistance is no longer desired. (Pen. Code § 602, subd. (o).)
- Provides that requests for law enforcement assistance under Penal Code §602(o) expire upon transfer of ownership of the property or upon a change in the person in lawful possession. (Pen. Code § 602, subd. (o).)
This bill:
- Authorizes an owner, owner’s agent, or person in lawful possession to make a single request for law enforcement assistance, in a notarized writing on a form provided by the law enforcement agency, to cover a period not to exceed 3 years when the premises is closed to the public and posted as being closed.
- Requires the requestor, in the event that assistance is no longer required before the period not exceeding 3 years expires, to inform the law enforcement agency in writing.
- Provides that a request for law enforcement assistance shall expire upon the transfer of ownership of the property or upon a change in the person in lawful possession unless the transferee or new person in lawful possession notifies the relevant law enforcement agency or city of the change.
- Authorizes requests for law enforcement assistance to be submitted and accepted electronically.
Comments
According to the author, “SB 602 will help local governments deal with public nuisance and graffiti issues by extending the timeframe for Letters of Agency from 30 days up to 12 months based on local ordinances and extends the operative timeframe for trespass authorization letters from 12 months to 3 years if the property is closed to the public and posted as being closed. The bill also will allow for electronic filing of these letters. Currently, in order for cities to complete such abatement, cities and their respective law enforcement agencies are required to obtain an updated letter every 30 days from property owners. It can be extremely difficult for local governments to obtain Letters of Agency in an expeditious manner from unresponsive absentee owners.”
The trespass laws include twelve separate sections, each with different crimes with separate elements. The major trespass section – 602 – has nearly an entire alphabet of subdivisions. Most of the subdivisions in Section 602 define separate crimes, typically each with slightly different elements than the other subdivisions. Trespassing is generally punished as a misdemeanor, though California law does include a felony for aggravated trespass. Of the more than 30 discrete acts that constitute criminal trespassing, the most common are:
- Entering someone else’s property with the intent to damage that property.
- Entering someone else’s property with the intent to interfere with or obstruct the business activities conducted thereon.
- Entering and "occupying" another’s property without permission.
- Refusing to leave private property after being asked to do so
Existing law allows owners of private property to request law enforcement assistance in ejecting trespassers from their property, but includes limits on when and how assistance may be requested based on whether the property is posted as being closed to the public. Specifically, existing law provides that when property is not posted as being closed to the public and the property owner requests that law enforcement demand that a trespasser leave the property, the owner or agent must make a separate request each time he or she seeks law enforcement assistance. However, there is an exception under which a single request may be valid for 30 days, during which a fire hazard exists and the owner or owner’s agent is absent from the property. If the property is posted as being closed to the public, a single request for law enforcement assistance in ejecting trespassers is effective for twelve months. These are the provisions of law at issue in this bill.
The request for law enforcement assistance in enforcing trespass laws at properties posted and not posted as closed to the public is generally made via a “Trespass Letter of Authority.” These letters – also known as “602 Letters” – authorize local authorities to enter the premises to enforce trespass laws in the owner’s absence. According to the Author, obtaining these letters can be a laborious process, which “results in local governments and their law enforcement agencies having to use valuable staff resources and time for administrative purposes when they could be using their time more productively to serve their communities.”
As stated previously, existing law provides that trespass letters of authorization submitted to law enforcement remain effective for twelve months for properties posted as closed to the public, and for 30 days for unposted properties where there is a fire hazard or the owner or owner’s agent is not present. This bill extends the operative timeframe 602 letters to 3 years for posted properties, and to the shorter of 12 months or a duration set by local ordinance for unposted properties. This bill requires that all 602 letters be submitted in a notarized writing on a form provided by law enforcement, and authorizes letters to be submitted and excepted electronically. Additionally, whereas existing law provides that 602 letters automatically expire upon the transfer of ownership or in the lawful possession of a property, this bill would instead provide that active 602 letters expire upon transfer of the property unless the transferee or new person in lawful possession notifies the relevant law enforcement agency or city of the change.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 4/12/23)
City of Bellflower (source)
California Apartment Association
California Contract Cities Association
California State Sheriffs’ Association
City of Banning
City of Colton
City of Corona
City of Downey
City of Eastvale
City of Hawaiian Gardens
City of Lakewood
City of Menifee
City of Norwalk
City of Perris
City of Paramount
City of Pico Rivera
City of Riverside
City of Rosemead
City of Whittier
City of Wildomar
League of California Cities
Los Angeles County Division, League of California Cities
Riverside County Sheriff’s Office
Riverside County Supervisor Karen Spiegel
OPPOSITION: (Verified 4/12/23)
Prepared by: Alex Barnett / PUB. S. /
4/12/23 14:04:23
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: SB 602 Hearing Date: April 11, 2023
Author: | Archuleta | ||
Version: | March 20, 2023 | ||
Urgency: | No | Fiscal: | No |
Consultant: | AB | ||
Subject: Trespass
HISTORY
Source: City of Bellflower
Prior Legislation: SB 1110 (Melendez, 2022), failed on Assembly Floor
AB 1686 (Medina), Ch. 473 Stats. of 2014
SB 1295 (Block), Ch. 373, Stats. of 2013
AB 668 (Lieu) Ch. 531, Stats. 2010
SB 1486 (Schiff) Ch. 563, Stats. 2000
Support: California Apartment Association; California Contract Cities Association; California State Sheriffs’ Association; City of Banning; City of Colton; City of Corona; City of Downey; City of Eastvale; City of Hawaiian Gardens; City of Lakewood; City of Menifee; City of Norwalk; City of Perris; City of Paramount; City of Pico Rivera; City of Riverside; City of Whittier; City of Wildomar; League of California Cities; Los Angeles County Division, League of California Cities; Riverside County Sheriff’s Office; Riverside County Supervisor Karen Spiegel
Opposition: None known
PURPOSE
The purpose of this bill is to extend the operative timeframe for trespass letters of authorization from 30 days to the shorter of 12 months or a time period determined by local ordinance for properties where there is a fire hazard or the owner is absent, and from 12 months to 3 years for properties closed to the public and posted as being closed to the public. Additionally, this bill requires trespass letters of authorization to be submitted in a notarized writing on a form provided by law enforcement, and authorizes letters to be submitted electronically.
Existing law includes numerous provisions defining various forms of trespass and applicable penalties. Crime definitions and penalties typically turn on whether any damage has been done to property and whether the trespasser refuses a valid request to leave the land. (Pen. Code § 602-607.)
Existing law provides that any person is guilty of a misdemeanor, punishable by a county jail term of up to 6 months, a fine of up to $1000 or both, who enters any other person's cultivated or fenced land, or who enters uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along exterior boundaries and at all roads and trails entering the lands without written permission, and does any of the following:
- Refuses or fails to leave immediately upon being requested to do so by the owner, owner's agent or by the person in lawful possession;
- Tears down, mutilates, or destroys any sign or notice forbidding trespass or hunting;
- Removes or tampers with any lock on any gate on or leading into the lands; or
- Discharges a firearm. (Pen. Code § 602, subd. (l).)
Existing law provides that any person is guilty of misdemeanor trespass who enters and occupies real property or structures of any kind without the consent of the owner, the owner’s agent or the person in lawful possession. (Pen. Code § 602, subd. (m).)
Existing law generally provides that a person commits one form of trespass to cultivated, fenced or posted land, where he or she, without the written permission of the landowner, the owner's agent or of the person in lawful possession of the land:
- Willfully enters any lands under cultivation or enclosed by fence, belonging to, or occupied by another person; or,
- Willfully enters upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands. (Pen. Code § 602.8, subd. (a).)
Existing law provides that a person is guilty of trespass where the person enters private property, whether or not the property is open to the public, and the following circumstances apply:
- The person has been previously convicted of a violent felony on the property, as defined, and;
- The owner, the owner’s agent, or lawful possessor, has requested a peace officer to inform the person that the property is not open to him or her;
- The peace officer has informed the person that he or she may not enter the property and informs the person that the notice has been given at the request of the owner or other authorized person;
- A single specified notification shall be valid and enforceable unless and until rescinded by the owner or other specified authorized person; and,
- This form of trespass is also committed where the person fails to leave the property upon being asked to do so as provided in the subdivision defining the crime. (Pen. Code §602, subd. (t).)
Existing law allows for prosecution against those who refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave 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 the officer is acting with such authority. (Pen. Code § 602, subd. (o).)
Existing law requires an owner, the owner’s agent or person in lawful possession of real property to make a separate request to a peace officer on each occasion when a peace officer’s assistance in dealing with trespass is request, although a single request for assistance may be made to cover a maximum of 30 days when there is a fire hazard to the property or the owner is absent, and the property is not posted as closed to the public. (Pen. Code § 602, subd. (o).)
Existing law authorizes an owner, owner’s agent or person in lawful possession of real property to make a single request for law enforcement assistance for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed, and shall inform law enforcement when assistance is no longer desired. (Pen. Code § 602, subd. (o).)
Existing law provides that requests for law enforcement assistance under Penal Code §602(o) expire upon transfer of ownership of the property or upon a change in the person in lawful possession. (Pen. Code § 602, subd. (o).)
This bill authorizes an owner, owner’s agent, or person in lawful possession to make a single request for law enforcement assistance, in a notarized writing on a form provided by the law enforcement agency, to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter, during which there is a fire hazard at the subject property or the owner, owner’s agent, or person in lawful possession will be absent from the property, and when the property is not posted as closed to the public.
This bill authorizes an owner, owner’s agent, or person in lawful possession to make a single request for law enforcement assistance, in a notarized writing on a form provided by the law enforcement agency, to cover a period not to exceed 3 years when the premises is closed to the public and posted as being closed.
This bill requires the requestor, in the event that assistance is no longer required before the period not exceeding 3 years expires, to inform the law enforcement agency in writing.
This bill provides that a request for law enforcement assistance shall expire upon the transfer of ownership of the property or upon a change in the person in lawful possession unless the transferee or new person in lawful possession notifies the relevant law enforcement agency or city of the change.
This bill authorizes requests for law enforcement assistance to be submitted and accepted electronically.
COMMENTS
- Need for This Bill
According to the Author:
SB 602 will help local governments deal with public nuisance and graffiti issues by extending the timeframe for Letters of Agency from 30 days up to 12 months based on local ordinances and extends the operative timeframe for trespass authorization letters from 12 months to 3 years if the property is closed to the public and posted as being closed. The bill also will allow for electronic filing of these letters.
Currently, in order for cities to complete such abatement, cities and their respective law enforcement agencies are required to obtain an updated letter every 30 days from property owners. It can be extremely difficult for local governments to obtain Letters of Agency in an expeditious manner from unresponsive absentee owners.
- Trespass Laws Generally
The trespass laws include twelve separate sections, each with different crimes with separate elements. The major trespass section – 602 – has nearly an entire alphabet of subdivisions. Most of the subdivisions in Section 602 define separate crimes, typically each with slightly different elements than the other subdivisions. Trespassing is generally punished as a misdemeanor, though California law does include a felony for aggravated trespass.[1] Of the more than 30 discrete acts that constitute criminal trespassing, the most common are:
- Entering someone else’s property with the intent to damage that property.
- Entering someone else’s property with the intent to interfere with or obstruct the business activities conducted thereon.
- Entering and "occupying" another’s property without permission.
- Refusing to leave private property after being asked to do so.[2]
Criminal trespass laws have drawn some scrutiny in recent years as some jurisdictions began using them to address homelessness. An analysis conducted by ABC news found that in Okaloosa County, Florida, police charged hundreds of homeless people with thousands of trespassing counts in the past decade.[3] In Bakersfield, California, county officials proposed a program to fight homelessness by more aggressively prosecuting and incarcerating trespassers.[4] Critics of these approaches argue that strict enforcement of trespass laws create a cycle of arrests, hearings and fines that make emerging from homelessness all the more difficult. Responding to this criticism, Los Angeles District Attorney George Gascon in 2020 announced a new policy under which his office would decline to prosecute trespass except in specific cases of repeat offense on the same property and imminent safety risks.[5]
- Trespass Letters of Authorization
Existing law allows owners of private property to request law enforcement assistance in ejecting trespassers from their property, but includes limits on when and how assistance may be requested based on whether the property is posted as being closed to the public. Specifically, existing law provides that when property is not posted as being closed to the public and the property owner[6] requests that law enforcement demand that a trespasser leave the property, the owner or agent must make a separate request each time he or she seeks law enforcement assistance. However, there is an exception under which a single request may be valid for 30 days, during which a fire hazard exists and the owner or owner’s agent is absent from the property. If the property is posted as being closed to the public, a single request for law enforcement assistance in ejecting trespassers is effective for twelve months.[7] These are the provisions of law at issue in this bill.
The request for law enforcement assistance in enforcing trespass laws at properties posted and not posted as closed to the public is generally made via a “Trespass Letter of Authority.”[8] These letters – also known as “602 Letters” – authorize local authorities to enter the premises to enforce trespass laws in the owner’s absence. According to the Author, obtaining these letters can be a laborious process, which “results in local governments and their law enforcement agencies having to use valuable staff resources and time for administrative purposes when they could be using their time more productively to serve their communities.”
Critics, however, argue that trespass letters of authorization exacerbate homelessness by unfairly punishing homeless individuals. According to a report by the ACLU, “trespass letters of authorization enable police, local businesses, public services, and even homelessness service providers to work together to control the movements of unhoused people and exclude them from both public and private spaces.”[9] In a case study conducted in Laguna Beach, the ACLU found that of the 97 citations issued to unhoused people during the study period, 67 resulted from trespass letters of authorization.[10] The report also noted that at least one police agency examined, the Newport Beach Police Department, did not have a specific 602 letter template. According to the report, a department representative told ACLU researchers that, “you can use any letter or letterhead and make it your own. As long as you mention Section 602, you should be golden.”[11] However, research conducted by committee staff shows that an increasing number of local jurisdictions are using standardized trespass letters provided on their internet websites.[12]
- Effect of this Bill
As stated previously, existing law provides that trespass letters of authorization submitted to law enforcement remain effective for twelve months for properties posted as closed to the public, and for 30 days for unposted properties where there is a fire hazard or the owner or owner’s agent is not present. This bill extends the operative timeframe 602 letters to 3 years for posted properties, and to the shorter of 12 months or a duration set by local ordinance for unposted properties. This bill requires that all 602 letters be submitted in a notarized writing on a form provided by law enforcement, and authorizes letters to be submitted and excepted electronically. Additionally, whereas existing law provides that 602 letters automatically expire upon the transfer of ownership or in the lawful possession of a property, this bill would instead provide that active 602 letters expire upon transfer of the property unless the transferee or new person in lawful possession notifies the relevant law enforcement agency or city of the change.
- SB 1110 (Melendez, 2022)
This bill is substantially similar to Senate Bill 1110 from 2022, except that that bill did not extend the operative timeframe for 602 letters submitted for properties not posted as closed to the public, i.e. those currently effective for a maximum of 30 days. SB 1110 passed this committee by a vote of 5-0.
- Argument in Support
According to the bill’s sponsor, the City of Bellflower:
By extending the effective duration of Letters of Agency from 30 days to 12 months and the operative timeframe of trespass authorization letters from 12 months to 3 years, SB 602 would significantly improve local peace officer response capabilities, help mitigate the impacts of underlying nuisances, and provide a more convenient and accessible mechanism for property owners to participate in these proactive efforts.
Currently, in order for local governments to complete graffiti removal and other public nuisance abatement on private property, cities and their respective law enforcement agencies are required to obtain an updated letter every 30 days from private property owners. However, it can be extremely difficult for local governments to obtain updated letters expeditiously from unresponsive, absentee property owners for essential public nuisance abatement. As such, local governments cannot appropriately abate graffiti and public nuisances promptly – which results in blight throughout the City.
-- END –
Penal Code §601. ↑
Penal Code §602 (k), (l). ↑
Little, Ryan, et al. “Cities Try to Arrest Their Way Out of Homeless Problems.” ABC News. 29 June 2020. https://abcnews.go.com/US/wireStory/cities-arrest-homeless-problems-71511969 ↑
Throwing people in jail on drug charges? That’s Bakersfield’s idea to fight homelessness.” LA Times. 27 September 2019. https://www.latimes.com/california/story/2019-09-26/homeless-bakersfield-jail-misdemeanor-drug-trespassing ↑
Special Directive 20-07 by District Attorney George Gascon. Issued on 7 December 2020. ↑
The owner’s agent or person in lawful possession of the property, such as a lessee, also may request law enforcement assistance in preventing trespass or ejecting trespassers. ↑
Penal Code §602(o). ↑
These letters are also known as “Letters of Consent” and “Letters of Agency.” ↑
“Outside the Law: The Legal War against Unhoused People.” ACLU California. Published October 2021. https://www.aclusocal.org/sites/default/files/outsidethelaw-aclufdnsca-report.pdf ↑
Ibid at 51 ↑
Ibid at 47. ↑
For example, see https://www.placer.ca.gov/DocumentCenter/View/36521/Trespassing-Signs?bidId=, and https://www.malibucity.org/letterofagency ↑
Discussed in Hearing
1MIN
Assembly Floor
6SEC
Assembly Floor
10MIN
Assembly Standing Committee on Public Safety
Bill Co-Author(s):
