SB 468 proposes to simplify and extend the process by which property owners can request peace officer assistance in managing trespass incidents. If enacted, it allows for a single electronic request for assistance to be filed for up to three years for properties that are officially closed to the public. This change is designed to enhance the protection of property rights by enabling owners to maintain control over their land more efficiently while also alleviating the administrative burden on property owners who frequently deal with trespassers. Furthermore, the electronic submission of requests is expected to streamline the process and make it more accessible.
Summary
Senate Bill 468, introduced by Senator Seyarto, seeks to amend Section 602 of the Penal Code concerning the law of trespass. The existing law outlines the legal ramifications of trespass and establishes that it is a misdemeanor to refuse to leave a property upon being requested to do so by a peace officer, provided that the request is made at the behest of the property owner or lawful occupant. A notable provision in the current legislation is that it requires separate requests for peace officer assistance for each instance except for a single advanced request that can last up to 12 months for private properties closed to the public.
Contention
The bill has raised some concerns regarding its potential implications for the balance of power between property owners and local government. Critics argue that extending the duration of peace officer assistance requests could lead to overreach, enabling property owners to evict or deny entry to individuals without due process. The possibility of requests being transferred between owners upon property ownership change may also lead to complications, where new owners might maintain previous arrangements without fully validating their necessity or appropriateness, sparking discussions about the rights of tenants and the homeless in relation to property rights.