Trespass: resisting a public officer.

Existing law establishes the offense of residential trespass, which is punishable as a misdemeanor with specified penalties. Existing law also makes it a misdemeanor with specified penalties for anyone to willfully resist, delay, or obstruct any public officer, peace officer, or an emergency medical technician, in the discharge or attempt to discharge any duty of his or her office or employment, as specified. This bill would make it an offense to commit a residential trespass in an effort to evade or flee from a public officer, peace officer, or an emergency medical technician, in the discharge or attempt to discharge any duty of his or her office or employment. The bill would provide that this offense would be punishable by imprisonment in a county jail not exceeding one year, or in state prison for 16 months, 2, or 3 years. By creating a new offense, this 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.