Bill Text: CA AB1675 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Trespassing: animal enclosures at zoos, circuses, and

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 536, Statutes of 2010. [AB1675 Detail]

Download: California-2009-AB1675-Amended.html

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BILL NUMBER: AB 1675	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2010
	AMENDED IN ASSEMBLY  MARCH 10, 2010

INTRODUCED BY   Assembly Member Hagman
   (Coauthors: Assembly Members  DeVore,  Gilmore, 
Jones,  Smyth, and Solorio)

                        JANUARY 21, 2010

   An act to add Section 602.13 to the Penal Code, relating to
trespassing.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1675, as amended, Hagman. Trespassing: animal enclosures at
zoos.
   Under existing law, every person who willfully enters and occupies
real property without the consent of the owner, owner's agent, or
person in lawful possession, is guilty of a misdemeanor.
   This bill would, with exemptions for employees and public
officers, make it  an infraction or  a misdemeanor to enter
an animal enclosure at a zoo, defined to include a public aquarium,
without the consent of the zoo's governing authority or
representative. Because this bill would create a new crime, it would
impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 602.13 is added to the Penal Code, to read:
   602.13.  (a) Every person, other than an employee of the zoo
acting within the course of his or her employment, or a public
officer acting within the course and scope of his or her employment
in performance of a duty imposed by law, who enters into an animal
enclosure at a zoo, where signs prohibiting entrance into the zoo's
animal enclosures have been posted either at the zoo's entrance or on
the animal enclosure itself, without the consent of the zoo's
governing authority, or a representative of the zoo authorized by the
zoo's governing authority, is guilty of  an infraction or 
a misdemeanor.
   (b) For purposes of this section, "zoo" means a permanent or
semipermanent collection of living animals kept in enclosures for the
purpose of displaying the animals to the public. The term "zoo"
includes a public aquarium displaying aquatic animals.
   (c) For purposes of this section, an "animal enclosure" includes,
but is not limited to, an aquarium or tank used to house or display
aquatic animals.
   (d) Prosecution under this section does not preclude prosecution
under any other provision of law.
  SEC. 2.  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.
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