CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 257Introduced by Assembly Member Hoover(Coauthor: Assembly Member Flora)January 19, 2023 An act to add Section 647.10 to the Penal Code, relating to public safety. LEGISLATIVE COUNSEL'S DIGESTAB 257, as introduced, Hoover. Encampments: penalties.Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library. The bill would make a violation of the prohibition an infraction or a misdemeanor. The bill would also make willfully resisting, delaying, or obstructing a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce the prohibition a misdemeanor. By imposing criminal penalties for a violation of these provisions, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 647.10 is added to the Penal Code, to read:647.10. (a) Peace officer, for the purposes of this section means a person described in Section 830.(b) A person shall not sit, lie, sleep, or store, use, maintain, or place personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library.(c) (1) A person who violates subdivision (b) shall be guilty of an infraction or a misdemeanor.(2) An infraction violation of subdivision (b) shall be punishable by a fine not to exceed twenty-five dollars ($25).(3) A misdemeanor violation of subdivision (b) shall be punishable by imprisonment for not more than five days in a county jail, by a fine not to exceed fifty dollars ($50), or by both the fine and imprisonment.(d) Any person who willfully resists, delays, or obstructs a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce this section is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 257Introduced by Assembly Member Hoover(Coauthor: Assembly Member Flora)January 19, 2023 An act to add Section 647.10 to the Penal Code, relating to public safety. LEGISLATIVE COUNSEL'S DIGESTAB 257, as introduced, Hoover. Encampments: penalties.Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library. The bill would make a violation of the prohibition an infraction or a misdemeanor. The bill would also make willfully resisting, delaying, or obstructing a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce the prohibition a misdemeanor. By imposing criminal penalties for a violation of these provisions, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 257
Introduced by Assembly Member Hoover(Coauthor: Assembly Member Flora)January 19, 2023
Introduced by Assembly Member Hoover(Coauthor: Assembly Member Flora)
January 19, 2023
An act to add Section 647.10 to the Penal Code, relating to public safety.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 257, as introduced, Hoover. Encampments: penalties.
Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library. The bill would make a violation of the prohibition an infraction or a misdemeanor. The bill would also make willfully resisting, delaying, or obstructing a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce the prohibition a misdemeanor. By imposing criminal penalties for a violation of these provisions, 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.
Under existing law, a person who lodges in a public or private place without permission is guilty of disorderly conduct, a misdemeanor. Existing law also provides that a person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place is guilty of a misdemeanor.
This bill would prohibit a person from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library. The bill would make a violation of the prohibition an infraction or a misdemeanor. The bill would also make willfully resisting, delaying, or obstructing a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce the prohibition a misdemeanor. By imposing criminal penalties for a violation of these provisions, 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 647.10 is added to the Penal Code, to read:647.10. (a) Peace officer, for the purposes of this section means a person described in Section 830.(b) A person shall not sit, lie, sleep, or store, use, maintain, or place personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library.(c) (1) A person who violates subdivision (b) shall be guilty of an infraction or a misdemeanor.(2) An infraction violation of subdivision (b) shall be punishable by a fine not to exceed twenty-five dollars ($25).(3) A misdemeanor violation of subdivision (b) shall be punishable by imprisonment for not more than five days in a county jail, by a fine not to exceed fifty dollars ($50), or by both the fine and imprisonment.(d) Any person who willfully resists, delays, or obstructs a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce this section is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 647.10 is added to the Penal Code, to read:647.10. (a) Peace officer, for the purposes of this section means a person described in Section 830.(b) A person shall not sit, lie, sleep, or store, use, maintain, or place personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library.(c) (1) A person who violates subdivision (b) shall be guilty of an infraction or a misdemeanor.(2) An infraction violation of subdivision (b) shall be punishable by a fine not to exceed twenty-five dollars ($25).(3) A misdemeanor violation of subdivision (b) shall be punishable by imprisonment for not more than five days in a county jail, by a fine not to exceed fifty dollars ($50), or by both the fine and imprisonment.(d) Any person who willfully resists, delays, or obstructs a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce this section is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment.
SECTION 1. Section 647.10 is added to the Penal Code, to read:
### SECTION 1.
647.10. (a) Peace officer, for the purposes of this section means a person described in Section 830.(b) A person shall not sit, lie, sleep, or store, use, maintain, or place personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library.(c) (1) A person who violates subdivision (b) shall be guilty of an infraction or a misdemeanor.(2) An infraction violation of subdivision (b) shall be punishable by a fine not to exceed twenty-five dollars ($25).(3) A misdemeanor violation of subdivision (b) shall be punishable by imprisonment for not more than five days in a county jail, by a fine not to exceed fifty dollars ($50), or by both the fine and imprisonment.(d) Any person who willfully resists, delays, or obstructs a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce this section is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment.
647.10. (a) Peace officer, for the purposes of this section means a person described in Section 830.(b) A person shall not sit, lie, sleep, or store, use, maintain, or place personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library.(c) (1) A person who violates subdivision (b) shall be guilty of an infraction or a misdemeanor.(2) An infraction violation of subdivision (b) shall be punishable by a fine not to exceed twenty-five dollars ($25).(3) A misdemeanor violation of subdivision (b) shall be punishable by imprisonment for not more than five days in a county jail, by a fine not to exceed fifty dollars ($50), or by both the fine and imprisonment.(d) Any person who willfully resists, delays, or obstructs a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce this section is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment.
647.10. (a) Peace officer, for the purposes of this section means a person described in Section 830.(b) A person shall not sit, lie, sleep, or store, use, maintain, or place personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library.(c) (1) A person who violates subdivision (b) shall be guilty of an infraction or a misdemeanor.(2) An infraction violation of subdivision (b) shall be punishable by a fine not to exceed twenty-five dollars ($25).(3) A misdemeanor violation of subdivision (b) shall be punishable by imprisonment for not more than five days in a county jail, by a fine not to exceed fifty dollars ($50), or by both the fine and imprisonment.(d) Any person who willfully resists, delays, or obstructs a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce this section is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment.
647.10. (a) Peace officer, for the purposes of this section means a person described in Section 830.
(b) A person shall not sit, lie, sleep, or store, use, maintain, or place personal property in any street, sidewalk, or other public property within 500 feet of a school, daycare center, park, or library.
(c) (1) A person who violates subdivision (b) shall be guilty of an infraction or a misdemeanor.
(2) An infraction violation of subdivision (b) shall be punishable by a fine not to exceed twenty-five dollars ($25).
(3) A misdemeanor violation of subdivision (b) shall be punishable by imprisonment for not more than five days in a county jail, by a fine not to exceed fifty dollars ($50), or by both the fine and imprisonment.
(d) Any person who willfully resists, delays, or obstructs a peace officer, public officer, or public employee in the discharge or attempt to discharge any duty to enforce this section is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 2.