Official Summary Text
AB 1097, as amended, Ávila Farías.
Trespass.
Existing law makes it a misdemeanor to commit a trespass by engaging in specified acts, including entering upon lands or buildings owned by another person where signs forbidding trespass are displayed where animals are being raised, as specified, or upon lands for the purpose of injuring property or property rights or with the intention of interfering with a lawful business, as specified. Existing federal law, commonly known as Public Law 280, authorizes the state to exercise jurisdiction over offenses committed by or against Indians in the areas of Indian country within the state, and gives state criminal laws the same force and effect within Indian country as they have elsewhere in the state.
This bill would additionally make it a misdemeanor to commit a
trespass by entering Indian lands, as defined, where signs forbidding trespass are displayed where animals are being raised, as specified, and would clarify that it is a misdemeanor to commit a trespass by entering Indian lands for the purpose of injuring property or property rights or with the intention of interfering with a lawful business, as specified.
Existing law makes it a misdemeanor to commit a trespass by entering private property after having been informed by a peace officer that the property is not open to the person who was informed, or refusing or failing to leave upon being asked to leave, as specified, if the person has been convicted of a crime committed upon that property.
This bill would make it a misdemeanor to commit a trespass by entering Indian lands in the circumstances described above. The
bill would, in the case of Indian lands, include trespass warnings or orders given by a tribal police officer. The bill would also make it a misdemeanor to commit a trespass by reentering private property or Indian lands, as specified, within 48 hours after having been requested by the owner, operator, or agent of the premises to leave the premises, or, in the case of Indian lands, after receiving an order of exclusion from a tribal government, as specified, if the person has been convicted of a crime committed upon that property. The bill would authorize a tribe to enter into an agreement with a law enforcement agency to enforce an order of exclusion, as specified.
Because the bill would create a new crime and expand the scope of existing crimes, it would impose a state-mandated local program.
The bill would make
other technical, nonsubstantive changes.
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.
Existing law makes it a crime to refuse or fail to leave land real property, or structures belonging to, or lawfully occupied by, another and not open to the general public, upon being requested to leave by a peace officer or the owner, as specified.
This bill would state that it is the intent of the Legislature to enact legislation to address trespassing on private property, as specified.