BILL NUMBER: AB 1675 CHAPTERED
BILL TEXT
CHAPTER 536
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2010
APPROVED BY GOVERNOR SEPTEMBER 29, 2010
PASSED THE SENATE AUGUST 12, 2010
PASSED THE ASSEMBLY AUGUST 17, 2010
AMENDED IN SENATE AUGUST 9, 2010
AMENDED IN SENATE JUNE 14, 2010
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 amend Section 19.8 of, and to add Section 602.13 to, the
Penal Code, relating to trespassing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1675, Hagman. Trespassing: animal enclosures at zoos, circuses,
and traveling animal exhibits.
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, or at a
circus or traveling animal exhibit, if posted as specified to
prohibit entrance, without the consent of the governing authority of
the zoo, circus, or traveling animal exhibit, or a representative of
that governing authority. Because this bill would create a new crime,
it would impose a state-mandated local program.
The bill would incorporate additional changes in Section 19.8 of
the Penal Code proposed by AB 451 and AB 1829, to be operative only
if this bill and one or both of the other bills are chaptered and
become effective on or before January 1, 2011, and this bill is
chaptered last.
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 19.8 of the Penal Code is amended to read:
19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652,
and 853.7 of this code; subdivision (n) of Section 602 of this code;
subdivision (b) of Section 25658 and Sections 21672, 25658.5, 25661,
and 25662 of the Business and Professions Code; Section 27204 of the
Government Code; subdivision (c) of Section 23109 and Sections 12500,
14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any
other offense which the Legislature makes subject to subdivision (d)
of Section 17. Except where a lesser maximum fine is expressly
provided for a violation of any of those sections, any violation
which is an infraction is punishable by a fine not exceeding two
hundred fifty dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
SEC. 1.3. Section 19.8 of the Penal Code is amended to read:
19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652,
and 853.7 of this code; subdivision (n) and subparagraph (A) of
paragraph (2) of subdivision (z) of Section 602 of this code;
subdivision (b) of Section 25658 and Sections 21672, 25658.5, 25661,
and 25662 of the Business and Professions Code; Section 27204 of the
Government Code; subdivision (c) of Section 23109 and Sections 12500,
14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any
other offense which the Legislature makes subject to subdivision (d)
of Section 17. Except where a lesser maximum fine is expressly
provided for a violation of any of those sections, any violation
which is an infraction is punishable by a fine not exceeding two
hundred fifty dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
SEC. 1.5. Section 19.8 of the Penal Code is amended to read:
19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652,
and 853.7 of this code; subdivision (c) of Section 532b, and
subdivision (n) of Section 602 of this code; subdivision (b) of
Section 25658 and Sections 21672, 25658.5, 25661, and 25662 of the
Business and Professions Code; Section 27204 of the Government Code;
subdivision (c) of Section 23109 and Sections 12500, 14601.1,
27150.1, 40508, and 42005 of the Vehicle Code, and any other offense
which the Legislature makes subject to subdivision (d) of Section 17.
Except where a lesser maximum fine is expressly provided for a
violation of any of those sections, any violation which is an
infraction is punishable by a fine not exceeding two hundred fifty
dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
SEC. 1.7. Section 19.8 of the Penal Code is amended to read:
19.8. The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, 652,
and 853.7 of this code; subdivision (c) of Section 532b, and
subdivision (n) and subparagraph (A) of paragraph (2) of subdivision
(z) of Section 602 of this code; subdivision (b) of Section 25658 and
Sections 21672, 25658.5, 25661, and 25662 of the Business and
Professions Code; Section 27204 of the Government Code; subdivision
(c) of Section 23109 and Sections 12500, 14601.1, 27150.1, 40508, and
42005 of the Vehicle Code, and any other offense which the
Legislature makes subject to subdivision (d) of Section 17. Except
where a lesser maximum fine is expressly provided for a violation of
any of those sections, any violation which is an infraction is
punishable by a fine not exceeding two hundred fifty dollars ($250).
Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
SEC. 2. Section 602.13 is added to the Penal Code, to read:
602.13. (a) Every person who enters into an animal enclosure at a
zoo, circus, or traveling animal exhibit, if the zoo, circus, or
exhibit is licensed or permitted to display living animals to the
public, and if signs prohibiting entrance into the animal enclosures
have been posted either at the entrance to the zoo, circus, or
traveling animal exhibit, or on the animal enclosure itself, without
the consent of the governing authority of the zoo, circus, or
traveling animal exhibit, or a representative authorized by the
governing authority, is guilty of an infraction or a misdemeanor,
subject to Section 19.8. This subdivision shall not apply to an
employee of the zoo, circus, or traveling animal exhibit, or to a
public officer acting within the course and scope of his or her
employment.
(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" means the
interior of any cage, stall, container, pen, aquarium or tank, or
other discrete containment area that is used to house or display an
animal and that is not generally accessible to the public.
(d) Prosecution under this section does not preclude prosecution
under any other provision of law.
SEC. 3. (a) Section 1.3 of this bill incorporates amendments to
Section 19.8 of the Penal Code proposed by both this bill and AB 451.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2011, (2) each bill amends
Section 19.8 of the Penal Code, (3) AB 1829 is not enacted or as
enacted does not amend that section, and (4) this bill is enacted
after AB 451, in which case Sections 1, 1.5 and 1.7 of this bill
shall not become operative.
(b) Section 1.5 of this bill incorporates amendments to Section
19.8 of the Penal Code proposed by both this bill and AB 1829. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2011, (2) each bill amends Section
19.8 of the Penal Code, (3) AB 451 is not enacted or as enacted does
not amend that section, and (4) this bill is enacted after AB 1829,
in which case Sections 1, 1.3 and 1.7 of this bill shall not become
operative.
(c) Section 1.7 of this bill incorporates amendments to Section
19.8 of the Penal Code proposed by this bill, AB 451, and AB 1829. It
shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2011, (2) all three bills
amend Section 19.8 of the Penal Code, and (3) this bill is enacted
after AB 451 and AB 1829, in which case Sections 1, 1.3 and 1.5 of
this bill shall not become operative.
SEC. 4. 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.