Trespass.

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Trespass.

AB 1632, as amended, Johnson.

What This Bill Does

• AB 1632, as amended, Johnson.
• Trespass.
• Existing law makes it a misdemeanor to commit the crime of trespass, which includes 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 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 they are acting at the request of the owner, the owner’s agent, or the person in lawful possession.
• Existing law requires the owner, the owner’s agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when there is a fire hazard to the premises or property, the owner is absent from the premises or property, or the premises or property is closed to the public and posted as being closed.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

AB 1632, as amended, Johnson.
Trespass.
Existing law makes it a misdemeanor to commit the crime of trespass, which includes 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 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 they are acting at the request of the owner, the owner’s agent, or the person in lawful possession. Existing law requires the owner, the owner’s agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when there is a fire hazard to the premises or
property, the owner is absent from the premises or property, or the premises or property is closed to the public and posted as being closed. Existing law authorizes a single request for assistance to be made and submitted electronically, in a notarized form provided by the law enforcement agency, to a peace officer, and authorizes local governments to accept electronic submissions of requests for peace officer assistance.
This bill would remove the requirement that the submitted form described above be
notarized.
notarized, and would instead require the request to include a written declaration, signed under penalty of perjury, that the requestor is the owner of the property and has legal authority to request the assistance, that the information provided in the request is true and correct, that the
requestor acknowledges that law enforcement may rely on the declaration in taking enforcement action, and that the requestor is required to notify law enforcement if they no longer have legal authority over the property or if the request is withdrawn. The bill would authorize law enforcement to reasonably rely on the above-described declaration unless it has actual knowledge that the declaration is false. By expanding the crime of perjury, 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.

Current Bill Text

Download Bill PDF