California Assembly Bill AB1661 Latest Draft

 BILL NUMBER: AB 1661AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 14, 2010 AMENDED IN ASSEMBLY APRIL 7, 2010 INTRODUCED BY Assembly Member Nielsen JANUARY 19, 2010 An act to amend Section  459 of the Penal Code, relating to burglary   602.5 of the Penal Code, relating to trespass  . LEGISLATIVE COUNSEL'S DIGEST AB 1661, as amended, Nielsen.  Burglary.   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.   Existing law establishes the offense of burglary, which consists of entering specified buildings, places, or vehicles with the intent to commit grand or petit larceny, or any felony.   This bill would expand the scope of that offense to include entry into an inhabited dwelling of another with the intent to willfully resist, delay, or obstruct any public officer or peace officer in the discharge or attempted discharge of any duty of his or her office or employment.  By  expanding the scope of an existing   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. 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 602.5 of the   Penal Code   is amended to read:  602.5. (a)  Every   Except as provided in subdivision (e), every  person other than a public officer or employee acting within the course and scope of his or her employment in performance of a duty imposed by law, who enters or remains in any noncommercial dwelling house, apartment, or other residential place without consent of the owner, his or her agent, or the person in lawful possession thereof, is guilty of a misdemeanor. (b)  Every   Except   as provided in subdivision (e), every  person other than a public officer or an employee acting within the course and scope of his employment in performance of a duty imposed by law, who, without the consent of the owner, his or her agent, or the person in lawful possession thereof, enters or remains in any noncommercial dwelling house, apartment, or other residential place while a resident, or another person authorized to be in the dwelling, is present at any time during the course of the incident is guilty of aggravated trespass punishable by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (c) If the court grants probation, it may order a person convicted of a misdemeanor under subdivision (b) to up to three years of supervised probation. It shall be a condition of probation that the person participate in counseling, as designated by the court. (d) If a person is convicted of a misdemeanor under subdivision (b), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to three years, as determined by the court. In determining the length of the restraining order, the court shall consider, among other factors, the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.  (e) Every violation of this section by a person who trespasses in an effort to evade or flee from an officer or emergency medical technician in violation of paragraph (1) of subdivision (a) of Section 148 shall be punished by imprisonment in a county jail not exceeding one year, or in state prison for 16 months or two or three years.   (e)   (f)  Nothing in this section shall preclude prosecution under Section 459 or any other provision of law.  SECTION 1.   Section 459 of the Penal Code is amended to read: 459. Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony, or enters an inhabited dwelling of another to willfully resist, delay, or obstruct any public officer or peace officer in the discharge or attempted discharge of any duty of his or her office or employment, is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.  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. ____ CORRECTIONS Text--Page 4. ____