Bill Text: CA SB492 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Loitering: criminal street gangs.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 592, Statutes of 2009. [SB492 Detail]

Download: California-2009-SB492-Amended.html
BILL NUMBER: SB 492	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 14, 2009
	AMENDED IN SENATE  APRIL 23, 2009
	AMENDED IN SENATE  APRIL 1, 2009

INTRODUCED BY   Senator Maldonado
   (Coauthors: Senators Ashburn, Cogdill, Cox, and Runner)
   (Coauthor: Assembly Member Jeffries)

                        FEBRUARY 26, 2009

   An act to amend Section 653b of the Penal Code, relating to
loitering.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 492, as amended, Maldonado. Loitering: criminal street gangs.
   Under existing law, it is a misdemeanor for any person to loiter
after being asked to leave, as specified, about any school or public
place at or near which children attend or normally congregate.
Existing law establishes enhanced misdemeanor penalties, including
minimum penalties, for this crime if the person is required to
register as a sex offender.
   This bill would provide enhanced penalties for this crime if the
person is required to register with the chief of police or sheriff
for committing any of specified criminal street gang offenses.
 The bill would require the court, if the court grants
probation to a minor or adult in these circumstances, to impose upon
the defendant or minor a condition prohibiting the defendant or minor
from entering the grounds of a school without the express permission
of the chief administrative officer of the school. The bill would
allow the court to excuse a defendant or minor from this condition
under certain circumstances.  Because the bill would
increase the penalties for an existing crime, the bill 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 653b of the Penal Code is amended to read:
   653b.  (a) Except as provided in subdivision (b) or (c), every
person who loiters about any school or public place at or near which
children attend or normally congregate and who remains at any school
or public place at or near which children attend or normally
congregate, or who reenters or comes upon a school or place within 72
hours, after being asked to leave by the chief administrative
official of that school or, in the absence of the chief
administrative official, the person acting as the chief
administrative official, or by a member of the security patrol of the
school district who has been given authorization, in writing, by the
chief administrative official of that school to act as his or her
agent in performing this duty, or a city police officer, or sheriff
or deputy sheriff, or Department of the California Highway Patrol
peace officer is a vagrant, and is punishable by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in a
county jail for  a period  not exceeding six months, or by
both that fine and imprisonment.
   (b) Every person required to register as a sex offender who
violates subdivision (a) shall be punished as follows:
   (1) Upon a first conviction, by a fine not exceeding two thousand
dollars ($2,000), by imprisonment in a county jail for a period of
not more than six months, or by both that fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of this section or former Section 653g, by imprisonment in
a county jail for a period of not less than 10 days or more than six
months, or by both imprisonment and a fine of not exceeding two
thousand dollars ($2,000), and shall not be released on probation,
parole, or any other basis until he or she has served at least 10
days.
   (3) If the defendant has been previously convicted two or more
times of a violation of this section or former Section 653g, by
imprisonment in a county jail for a period of not less than 90 days
or more than six months, or by both imprisonment and a fine of not
exceeding two thousand dollars ($2,000), and shall not be released on
probation, parole, or any other basis until he or she has served at
least 90 days.
   (c)  (1)    Any person required
to register with the chief of police or sheriff pursuant to Section
186.30 who violates subdivision (a) shall be punished as follows:

   (A) 
    (1)  Upon first conviction, by a fine not exceeding one
thousand dollars ($1,000), by imprisonment in a county jail for a
period of not more than one year, or by both that fine and
imprisonment. 
   (B) 
    (2)  Upon a second conviction, by a fine not exceeding
two thousand dollars ($2,000), by imprisonment in a county jail for a
period of not more than one year, or by both that fine and
imprisonment. The court shall consider a period of imprisonment of at
least 10 days. 
   (C) 
    (3)  If the defendant has been previously convicted two
or more times, by a fine not exceeding two thousand dollars ($2,000),
by imprisonment in a county jail for a period of not more than one
year, or by both that fine and imprisonment. The court shall consider
a period of imprisonment of at least 90 days. 
   (2) If the court grants probation to a defendant who was convicted
of, or a minor as to whom a petition was sustained for, a violation
of subdivision (a) and the defendant or minor is a person required to
register with the chief of police or sheriff pursuant to Section
186.30, the court shall impose a condition prohibiting the defendant
from entering the grounds of a school without the express permission
of the chief administrative officer of the school. The court may
excuse a defendant or minor from this condition in the unusual case
in which the interests of justice warrant this excuse. The court
shall state the reasons on the record for excusing a defendant or
minor from this condition. 
   (d) As used in this section, "loiter" means to delay, to linger,
or to idle about a school or public place without lawful business for
being present.
   (e) Nothing in this section shall preclude or prohibit 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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