[Bill and analysis below]
LOS ANGELES—A new state law designed to shield farms from protesters and protect the food supply from contagious disease has angered activists, who say the law will keep them from documenting animal abuse.
The law, which takes effect Jan. 1, makes trespassing on lands where animals are raised for human consumption a misdemeanor punishable by six months in jail and/or a $1,000 fine. Currently, someone who trespasses faces a citation and a $10 fine.
This year, seven states considered bills to make so-called animal and ecological terrorism subject to stiffer penalties, said Sandy Liddy Bourne of the American Legislative Exchange Council. The bills are based on model legislation developed by the Washington-based group.
State Sen. Charles Poochigian, R-Fresno, introduced the California law in February to prevent the potential spread of disease between animal farms and to curb increasing acts of violence by animal rights activists, said Deborah Gonzalez, a spokeswoman for the senator.
Several animal rights groups, including the Humane Society of the United States, opposed Poochigian's bill, arguing that its real purpose is to stop attempts to document inhumane conditions at farms.
Poochigian wrote in his proposal that an outbreak similar to the Exotic Newcastle poultry disease, which killed more than 3 million hens in Southern California earlier this year, could occur if a trespasser were to inadvertently spread a disease.
U.S. Agriculture Department officials believe farm workers spread Exotic Newcastle to egg farms through their clothing and shoes. The quarantine for the disease cost more than $160 million.
Some members of the Pacific Egg and Poultry Association have reported that trespassers entered their farms, burned trucks and stole animals, said Debbie Murdock, a spokeswoman for the group. She declined to give further details because some of the cases are under investigation.
Trespassing on animal farms is at the core of a highly publicized case that played out at a Central Valley duck farm in September.
Four animal-rights activists broke into the farm and stole birds being raised for the delicacy foie gras, or fattened liver. The activists, from the San Francisco-based group the Animal Protection and Rescue League, shot video footage of the act to publicize what they called the mistreatment of the animals.
The owners of Sonoma Foie Gras in Farmington sued the activists for trespassing. The farm, which raises about 20,000 ducks, is one of two U.S. producers of foie gras, made when ducks or geese are fed through a tube down their throat so their livers expand.
The league, along with In Defense of Animals, in turn filed a lawsuit alleging that Sonoma Foie Gras violated state anticruelty laws by force-feeding the ducks. Both lawsuits are pending.
David Blatte, an attorney for the Animal Protection and Rescue League, said the new law addresses legitimate safety concerns but also suppresses free speech.
"Really they're scared of having these images made to the public, because it causes an incredible backlash to the industry," said Bryan Pease, one of the activists named in the lawsuit.
Food producers disagree, saying the new law protects their businesses and consumers.
"There are better ways to make a point than going on to ranches and hurting the welfare of the birds," said Bill Mattos of the California Poultry Federation. "Stay off the ranch. If you have to protest, do it in a civil manner without having to trespass on the property."
source: http://www.oregonlive.com/newsflash/business/index.ssf?/base/business-12/107086704086131.xml 8dec03
BILL NUMBER: SB 993 CHAPTERED
BILL TEXT
CHAPTER 805
FILED WITH SECRETARY OF STATE OCTOBER 11, 2003
APPROVED BY GOVERNOR OCTOBER 10, 2003
PASSED THE SENATE AUGUST 27, 2003
PASSED THE ASSEMBLY AUGUST 21, 2003
AMENDED IN ASSEMBLY AUGUST 18, 2003
AMENDED IN ASSEMBLY JULY 8, 2003
AMENDED IN SENATE APRIL 22, 2003
INTRODUCED BY Senator Poochigian
FEBRUARY 21, 2003
An act to amend Section 602 of the Penal Code, relating to
trespass.
LEGISLATIVE COUNSEL'S DIGEST
SB 993, Poochigian. Trespass.
Existing law makes it a misdemeanor to willfully commit a trespass
by engaging in specified acts, including, 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 destroying or removing, or causing to be
removed or destroyed, any stakes, marks, fences, or signs intended to
designate the boundaries and limits of any of those lands.
This bill would make it a trespass to enter 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 to injure, gather, or carry away any animal being
housed on any of those lands, without the license of the owner or
legal occupant; or to damage, destroy, or remove, or cause to be
removed, damaged or destroyed, any stakes, marks, fences, or signs
intended to designate the boundaries and limits of any of those
lands. By increasing the scope of an existing crime, this bill would
impose a state-mandated local program.
This bill would incorporate additional changes in Section 602 of
the Penal Code proposed by AB 936, SB 993, or both, contingent upon
the prior enactment of one or both of those bills.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 602 of the Penal Code is amended to read:
602. Except as provided in Section 602.8, every 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 lot situated within
the limits of any 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 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 sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any 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
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any 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) must 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 preclude
prosecution or punishment under any other provision of 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
fence on the enclosed land of another, or opening any 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 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 owner's 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
lawful business or occupation carried on by the owner of the land,
the owner's agent or by 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 owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any 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 owner's agent, or the person in lawful
possession. This subdivision shall not apply to any 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 owner's agent, or the person in lawful
possession.
(o) 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 owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall 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 law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall 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, watchman, 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 which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
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) 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 owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's 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.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. 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 owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport operations area 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.
(2) Any 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 the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport operations area after being
requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
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) "Authorized personnel" means any 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.
(C) "Airport" means any facility whose function is to support
commercial aviation.
(v) Refusing or failing to leave a battered women's shelter 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 battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
SEC. 1.1. Section 602 of the Penal Code is amended to read:
602. Except as provided in Section 602.8, every 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 lot situated within
the limits of any 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 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 sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any 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
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any 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) must 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 preclude
prosecution or punishment under any other provision of 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
fence on the enclosed land of another, or opening any 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 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 owner's 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
lawful business or occupation carried on by the owner of the land,
the owner's agent or by 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 owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any 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 owner's agent, or the person in lawful
possession. This subdivision shall not apply to any 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 owner's agent, or the person in lawful
possession.
(o) 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 owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall 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 law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall 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, watchman, 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 which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
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) 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 owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's 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.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. 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 owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport operations area 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.
(2) Any 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 the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport operations area after being
requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
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) "Authorized personnel" means any 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.
(C) "Airport" means any facility whose function is to support
commercial aviation.
(v) Refusing or failing to leave a battered women's shelter 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 battered woman in an amount
equal to the relocation expenses of the
battered woman and her children if those expenses are
incurred as a result of trespass by the defendant at a battered
women's shelter.
(w) (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 he or she
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) Any 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 both, 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 both, for a
second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any 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.
SEC. 1.2. Section 602 of the Penal Code is amended to read:
602. Except as provided in paragraph (2) of subdivision (v) and
in Section 602.8, every 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 lot situated within
the limits of any 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 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 sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any 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
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any 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) must 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 preclude
prosecution or punishment under any other provision of 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
fence on the enclosed land of another, or opening any 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 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 owner's 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
lawful business or occupation carried on by the owner of the land,
the owner's agent or by 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 owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any 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 owner's agent, or the person in lawful
possession. This subdivision shall not apply to any 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 owner's agent, or the person in lawful
possession.
(o) 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 owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall 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 law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall 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, watchman, 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 which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
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) 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 owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's 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.
This subdivision shall apply only to a person who has been
convicted of a violent felony, as specified in subdivision (c) of
Section 667.5, committed upon the particular private property. 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 owner's agent, or the person in lawful
possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport operations area 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.
(2) Any 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 the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport operations area after being
requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
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) "Authorized personnel" means any 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.
(C) "Airport" means any 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 one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport, as defined in Section 171.5.
(2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal and is responsible in any part for
delays or cancellations of scheduled flights is punishable by
imprisonment of not more than one year in a county jail if the
sterile area is posted with a statement providing reasonable notice
that prosecution may result from a trespass described in this
subdivision.
(w) Refusing or failing to leave a battered women's shelter 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 battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
SEC. 1.3. Section 602 of the Penal Code is amended to read:
602. Except as provided in paragraph (2) of subdivision (v),
subdivision (x), and Section 602.8, every 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 lot situated within
the limits of any 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 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 sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any 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
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any 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) must 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 preclude
prosecution or punishment under any other provision of 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
fence on the enclosed land of another, or opening any 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 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 owner's 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
lawful business or occupation carried on by the owner of the land,
the owner's agent or by 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 owner's agent or of
the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging any firearm.
(m) Entering and occupying real property or structures of any kind
without the consent of the owner, the owner's agent, or the person
in lawful possession.
(n) Driving any 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 owner's agent, or the person in lawful
possession. This subdivision shall not apply to any 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 owner's agent, or the person in lawful
possession.
(o) 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 owner's agent, or the person
in lawful possession, and upon being informed by the peace officer
that he or she is acting at the request of the owner, the owner's
agent, or the person in lawful possession, or (2) the owner, the
owner's agent, or the person in lawful possession. The owner, the
owner's agent, or the person in lawful possession shall make a
separate request to the peace officer on each occasion when the peace
officer's assistance in dealing with a trespass is requested.
However, a single request for a peace officer's assistance may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the California
Agricultural Labor Relations Act, Part 3.5 (commencing with Section
1140) of Division 2 of the Labor Code, or by the National Labor
Relations Act. For purposes of this section, land, real property, or
structures owned or operated by any housing authority for tenants as
defined under Section 34213.5 of the Health and Safety Code
constitutes property not open to the general public; however, this
subdivision shall 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 law or ordinance.
(p) Entering upon any lands declared closed to entry as provided
in Section 4256 of the Public Resources Code, if the closed areas
shall 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, watchman, 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 which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
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) 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 owner's
agent, or the person in lawful possession, and upon being informed by
the peace officer that he or she is acting at the request of the
owner, the owner's 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.
This subdivision shall apply
only to a person who has been convicted of a violent felony, as
specified in subdivision (c) of Section 667.5, committed upon the
particular private property. 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 owner's
agent, or the person in lawful possession of the property.
(u) (1) Knowingly entering, by an unauthorized person, upon any
airport operations area 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.
(2) Any 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 the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both, if
the person refuses to leave the airport operations area after being
requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in the county jail not exceeding six months,
or by a fine not exceeding one thousand dollars ($1,000), or both,
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) "Authorized personnel" means any 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.
(C) "Airport" means any 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 one's person and
accessible property in accordance with the procedures being applied
to control access when entering or reentering a sterile area of an
airport, as defined in Section 171.5.
(2) A violation of this subdivision that is responsible for the
evacuation of an airport terminal and is responsible in any part for
delays or cancellations of scheduled flights is punishable by
imprisonment of not more than one year in a county jail if the
sterile area is posted with a statement providing reasonable notice
that prosecution may result from a trespass described in this
subdivision.
(w) Refusing or failing to leave a battered women's shelter 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 battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at a battered women's shelter.
(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 he or she
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) Any 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 both, 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 both, for a
second or subsequent offense.
(D) If probation is granted or the execution or imposition of
sentencing is suspended for any 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.
SEC. 2. (a) Section 1.1 of this bill incorporates amendments to
Section 602 of the Penal Code proposed by both this bill and AB 936.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2004, (2) each bill amends
Section 602 of the Penal Code, (3) AB 1263 is not enacted or as
enacted does not amend that section, and (4) this bill is enacted
after AB 936, in which case Sections 1, 1.2, and 1.3 of this bill
shall not become operative.
(b) Section 1.2 of this bill incorporates amendments to Section
602 of the Penal Code proposed by both this bill and AB 1263. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2004, (2) each bill amends Section
602 of the Penal Code, (3) AB 936 is not enacted or as enacted does
not amend that section, and (4) this bill is enacted after AB 1263,
in which case Sections 1, 1.1, and 1.3 of this bill shall not become
operative.
(c) Section 1.3 of this bill incorporates amendments to Section
602 of the Penal Code proposed by this bill, AB 936, and AB 1263. It
shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2004, (2) all three bills
amend Section 602 of the Penal Code, and (3) this bill is enacted
after AB 936, and AB 1263, in which case Sections 1, 1.1, and 1.2 of
this bill shall not become operative.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
source: http://info.sen.ca.gov/pub/bill/sen/sb_0951-1000/sb_993_bill_20031011_chaptered.html 8dec03
BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 993|
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UNFINISHED BUSINESS
Bill No: SB 993
Author: Poochigian (R)
Amended: 8/18/03
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 5/6/03
AYES: McPherson, Vasconcellos, Burton, Margett, Romero,
Sher
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 5/22/03
AYES: Aanestad, Ackerman, Alarcon, Alpert, Ashburn,
Battin, Bowen, Brulte, Burton, Cedillo, Chesbro, Denham,
Ducheny, Dunn, Figueroa, Florez, Hollingsworth, Johnson,
Karnette, Knight, Kuehl, Machado, Margett, McClintock,
McPherson, Morrow, Murray, Oller, Ortiz, Perata,
Poochigian, Scott, Sher, Soto, Torlakson, Vasconcellos,
Vincent
NO VOTE RECORDED: Escutia, Romero, Speier
ASSEMBLY FLOOR : 63-5, 8/21/03 - See last page for vote
SUBJECT : Trespass: animals lands
SOURCE : Fresno County Sheriffs Department Rural Crime
Task
Force/Ag Task Force
DIGEST : This bill expands the definition of trespass to
include entering lands on which animals for human
CONTINUED
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consumption are being raised or injuring or carrying away
animals on these lands without permission of the owner or
damaging or destroying fences or signs to designate the
boundaries of those lands.
Assembly Amendments (1) provide the intervals at which "No
Trespass" signs are to be placed, (2) add clarifying
language, and (3) add double-jointing language.
ANALYSIS : Existing law provides that every person who
willfully commits a trespass of any of the following acts
is guilty of a misdemeanor punishable by up to six months
in jail and/or a fine of up to $1,000:
1. Cutting down, destroying, or injuring any kind of wood
or timber standing or growing upon the lands of another.
2. Carrying away any kind of wood or timber lying on those
lands.
3. Maliciously injuring or severing from the freehold of
another anything attached to it or its produce.
4. Digging, taking, or carrying away from any lot situated
within any incorporated city, without the license of the
owner any earth, soil or stone.
5. Digging, taking, or carrying away from land in any 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.
6. Maliciously tearing down, damaging, mutilating, or
destroying any sign or notice placed or affixed to any
property belonging to the state, county, city, etc., or
onto private property by the state to designate a road,
or highway or intended to direct travelers from one
point to another or relates to fires, fire control,
etc., or putting up, affixing, fastening, printing, or
painting upon any property owned by the state, county or
city, etc., or upon any private property without license
of the owner any notice, advertisement, or designation
of, or any name or any commodity, whether for sale or
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otherwise, or any picture, sign, or device intended to
call attention to it.
7. Entering upon any lands owned by any other person
whereon oysters, or other shell fish are planted or
growing, or injuring, gathering, or carrying away any
oysters or other shellfish planted, growing, or 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.
8. Willfully opening, tearing down, or otherwise destroying
any fence on the enclosed land of another, or opening
any gate, bar, or fence of another and willfully leaving
it open without written permission of the owner, or
maliciously tearing down, mutilating, or destroying any
sign, signboard, or other notice forbidding shooting on
private property.
9. 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
obtaining written permission of the owner.
10.Entering any fenced or unfenced lands for the purpose of
injuring any property or property rights or with the
intention of interfering with, obstructing or injuring
any lawful business or occupation carried on by the
owner or possessor of the land.
11.Entering lands under cultivation or fenced belonging to
another or other lands where signs forbid trespass and
refusing to leave upon request, tearing down, etc., any
sign forbidding trespass or hunting, removing, etc., any
lock on any gate leading to the land, or discharging a
firearm.
12.Entering and occupying real property or structures
without the consent of the owner or person in lawful
possession.
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13.Driving any vehicle upon real property belonging to
another and not known to be open to the general public
without consent, except for process servers.
14.Refusing or failing to leave land, real property, or
structures belonging to or lawfully occupied another
upon being requested to leave by a peace officer at the
request of the owner or the owner.
15.Entering upon lands declared closed to entry, under the
Public Resources Code, if the areas have been posted
with notices declaring closure.
16.Refusing or failing to leave a public building of a
public agency during those hours for the day or night
when the building is regularly closed to the public upon
being requested to do so by an employed guard or
custodian, if the person has no apparent lawful business
to pursue.
17.Knowingly skiing in an area or on a ski trail which is
closed to the public.
18.Refusing or failing to leave a hotel or motel where he
or she has refused to pay for accommodations.
19.Entering upon private property after having been
informed by a peace officer at the request of the owner
that the property is not open to the particular person
or refusing or failing to leave the property upon being
asked to leave, when the person has been convicted of a
violent felony upon that property.
20.Knowingly entering, by unauthorized person, upon any
airport operations area if the area has been posted with
notices restricting access to authorized persons.
21.Refusing to leave a battered women's shelter at any time
after being requested to leave.
This bill adds the following to the acts which constitute
trespass: entering upon lands or buildings owned by any
other person without the license of the owner or legal
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occupant, where signs forbidding trespass are displayed,
and whereon cattle, goats, pigs, 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.
This bill provides that in order for there to be a
violation of the provisions of this bill, the trespass
signs must be displayed at intervals of not less than three
signs per mile along all exterior boundaries and at all
roads and trails entering the land.
This bill specifies that the above provision shall not be
construed to preclude prosecution or punishment under any
other provision of law that provides for a greater penalty
or a longer term of imprisonment.
This bill is double-jointed with SB 993 (Poochigian) and AB
936 (Reyes).
Background
According to the author's office, acts of animal or
biological terrorism should be recognized as a significant
threat to California's agriculture and consumers. Law
enforcement should be equipped to protect the resources and
citizens of the state from such acts.
Existing law states that it is a misdemeanor to enter land
where oysters or other shellfish are planted or growing, or
to injure, gather or carry them away without the license of
the owner or legal occupant.
This bill seeks to expand the existing law by making it
illegal to trespass on lands where any animal is being
housed raised, bred, fed or held for the purpose of food
for human consumption. It also corresponds with current
law to make it illegal to injure or carry away animals
being housed on these lands.
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There has been a dramatic increase in the number of
individuals and groups entering lands and buildings being
used for food production with the intent to interfere with
lawful business and/or damage property.
These food production facilities represent an important
homeland security concern, trespassers on their property
could introduce a disease, chemical, poison or other
hazardous material into their animals' food supply. This
danger threatens both their businesses and the consumers of
their products.
The California poultry and egg industry has been suffering
from the impacts of Exotic Newcastle Disease since last
fall. According to the Pacific Egg and Poultry Association
(PEPA), nearly 3.5 million birds at infected premises have
been destroyed by the United States Department of
Agriculture (USDA) in an attempt to eradicate this disease
which infects poultry and can infect pet and wild birds.
The most important step a poultry producer can take to
prevent the spread of disease is to implement strict
biosecurity measures. The most important of these is
restricting access to production facilities and allowing
only those who have showered and put on sanitary clothing
to come in contact with the birds. One trespasser, who may
be carrying the disease on his shoes or clothing, can
literally result in the tragic deaths of millions of birds
and put the producer at risk of going out of business.
PEPA members have experienced an increase in acts of
violence and terrorism when trespassers enter their poultry
facilities. Equipment has been destroyed, trucks have been
burned and birds have been turned loose or stolen. These
acts violate strict biosecurity standards, putting at risk
the health of birds, businesses and the livelihoods of many
farm workers employed at these facilities.
In recent weeks, the nation's security alert rose from
Level Yellow to Level Orange, a high risk alert prompting
the U.S. Food and Drug Administration (USFDA) to issue new
security guidelines for food producers in an effort to
protect the nation's food supply from possible domestic
terrorism attacks. The USFDA guidelines include increasing
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scrutiny of employees and reinforcing doors to restricted
areas.
State security experts recently named a poultry processing
plant and other food production facilities in the Central
Valley as top terrorism targets. Officials at these
facilities are heightening security measures, but under
current law, they are unable to significantly deter
trespassers who enter their lands.
Law enforcement may only cite such trespassers with a $10
fine and ask them to them to leave the property. This bill
expands the law to make it a misdemeanor to maliciously and
intentionally enter land to interfere with food production.
It seeks to protect business owners and consumers from
acts of biological terrorism.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/21/03)
Fresno County Sheriff's Department Rural Crime Task
Force/Ag Task Force
(source)
Agricultural Council of California
California Agricultural Commissioners and Sealers
Association
California Cattlemen's Association
California Dairies Inc.
California District Attorney's Association
California Farm Bureau Federation
California Grain and Feed Association
California Pork Producers Association
California Poultry Federation
California State Sheriff's Association
California Wool Growers Association
Corcpork Co.
County of Fresno
Fresno County District Attorney Elizabeth Egan
Fresno County District Attorney Richard Pierce
Fresno County Farm Bureau
Harris Farms
Kern County District Attorney Edward R. Jagels
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Kings County Sheriff-Coroner-Public Administrator Ken
Marvin
Pacific Egg and Poultry Association
San Bernardino County Sheriff Gary Penrod
Stanislaus County Sheriff-Coroner Les Weidman
Tulare County District Attorney Phillip J. Cline
Tulare County Sheriff Bill Wittman
OPPOSITION : (Verified 8/26/03)
Contra Costa Humane Society
The Fund for Animals Inc.
Viva!
ARGUMENTS IN SUPPORT : According to the California Grain
and Feed Association, "Members of our association have
experienced break-ins and acts of destruction and violence
at their animal feeding operations and the law needs to be
strengthened in order to protect them and the workers they
employ."
The Pacific Egg and Poultry Association states, "The
California poultry and egg industry has been suffering from
the impacts of Exotic Newcastle Disease since last Fall.
Nearly 3.5 million birds at infected premises have been
destroyed by the USDA in an attempt to eradicate this
disease which infects poultry and can infect pet and wild
birds. The most important step a poultry producer can take
to prevent the spread of disease is to implement strict
biosecurity measures, the most important component of which
is restricting access to production facilities and allowing
only those who have showered and put on sanitary clothing
prior to coming into contact with the birds. One
trespasser, who may be carrying the disease on their shoes
or clothing, can literally result in the tragic deaths of
millions of birds and put the producer at risk of going out
of business."
ARGUMENTS IN OPPOSITION : The Contra Costa Humane Society
writes that, "We strongly oppose SB 993, which would make
it a misdemeanor to trespass to enter lands or buildings
where any animal is being raised, bred, fed, or held as
food for human consumption.
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...SB 993 has nothing to do with biological terrorism. It
is taking advantage of present concerns about terrorism to
advance the agenda of those who raise food animals. The
real purpose of AB 933 is to hide inhumane conditions in
which animals are being kept and to prevent any
investigative reporting on those conditions. The Assembly
Committee on Public Safety's analysis states (emphasis
added):
"Another incident reported by Corcpork, Co., reveals that
this bill may be aimed at another motive - political
beliefs against inhuman treatment of animals. Corcpork
reported two individuals "linked" with People for the
Ethical Treatment of Animals (PETA) and Society for the
Prevention of Cruelty to Animals (SPCA) trespassed and
entered its facility without Corcpork's knowledge or
abiding by its biosecurity guidelines and were taking
photos. Corcpork (along with attributing the statement to
PETA's president, Ingrid Newkirk, that she would like to
see a foreign animal disease infect and destroy the United
States animal industry) noted its concern at the fact that
the individuals were only charged with an inconsequential
fine. However, Corcpork gives no indication that any
damage was done to its facility or animal inventory, nor
that its animals were contaminated with an infectious
disease. In short, there appears to be no evidence that
this bill is needed to prevent acts of bioterrorism."
ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,
Calderon, Campbell, Canciamilla, Chavez, Cogdill, Cohn,
Correa, Cox, Daucher, Diaz, Dutra, Dutton, Frommer,
Garcia, Haynes, Shirley Horton, Houston, Keene, Kehoe, La
Malfa, Laird, Leno, Leslie, Levine, Liu, Longville,
Lowenthal, Maddox, Maldonado, Matthews, Maze, McCarthy,
Mountjoy, Mullin, Nakanishi, Nakano, Nation, Negrete
McLeod, Oropeza, Pacheco, Parra, Plescia, Reyes, Richman,
Ridley-Thomas, Runner, Salinas, Samuelian, Simitian,
Spitzer, Strickland, Vargas, Wiggins, Wolk, Wyland, Yee,
Wesson
NOES: Dymally, Goldberg, Hancock, Koretz, Lieber
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RJG:mel 8/26/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
source: http://info.sen.ca.gov/pub/bill/sen/sb_0951-1000/sb_993_cfa_20030826_121021_sen_floor.html 8dec03
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