Trespass.
Summary
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 the premises or property is closed to the public and posted as being closed. Existing law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Existing law also authorizes a single request for a peace officer's assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owner's agent, or the person in lawful possession is absent from the property. Under existing law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession. This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized writing on a form provided by the law enforcement agency, to a peace officer for a period of not more than 3 years when the premises or property is closed to the public and posted as being closed and would require the notice ending assistance before the 3 years has passed to be in writing. The bill would allow a request for peace officer assistance to continue after a change in ownership or transfer of lawful possession if the transferee notifies the relevant law enforcement or the city of the change. The bill also would require the single request for a peace officer's assistance for a 30-day period to be in a notarized writing on a form provided by the law enforcement agency. The bill would authorize local governments to accept electronic submissions of requests for peace officer assistance.
Bill status
failed
3 of 5 stages cleared
Introduction
Feb 2022
Committee Review
Jun 2022
Senate Passage
May 2022
Assembly Failed
Jun 2022
Governor
Introduced Feb 16, 2022
Last action Jun 30, 2022
Floor votes · Senate May 9, 2022 · Assembly Jun 30, 2022
How they voted
31–0
Passed · 6 other
Total votes 37
May 9, 2022
D
Democratic29
86% Yea
R
Republican8
75% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
21
Key actions
6
Committee
4
Amendments
3
Jun 30, 2022
Vote failed
Assembly Vote: fail (35-14-28)
assembly
Jun 8, 2022
Lower · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (June 8).
lower
May 12, 2022
Committee
Referred to Com. on PUB. S.
lower
May 9, 2022
Upper · Passed
Read third time. Passed. (Ayes 33. Noes 0. Page 3644.) Ordered to the Assembly.
upper
Apr 28, 2022
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Apr 27, 2022
Upper · Passed
From committee: Do pass as amended. (Ayes 5. Noes 0. Page 3519.) (April 26).
upper
Apr 13, 2022
Upper · Passed
May 3 hearing postponed by committee.
upper
Mar 8, 2022
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
upper
Feb 23, 2022
Committee
Referred to Com. on PUB. S.
upper
Feb 16, 2022
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Melissa A. Melendez
RRepublican
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