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AB-660 Public agencies: unlawful interference.(2017-2018)

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Date Published: 04/19/2017 09:00 PM
AB660:v97#DOCUMENT

Amended  IN  Assembly  April 19, 2017
Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 660


Introduced by Assembly Member Rubio

February 14, 2017


An act to add Chapter 4.5 (commencing with Section 653.80) to Title 15 of Part 1 amend Section 602.1 of the Penal Code, relating to commercial activity. crime.


LEGISLATIVE COUNSEL'S DIGEST


AB 660, as amended, Rubio. Commercial activity: county clerk’s office. Public agencies: unlawful interference.
Under existing law, any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public by obstructing or intimidating those attempting to carry on or transact business and refusing to leave, as specified, is guilty of a misdemeanor.
This bill would make it a misdemeanor to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by making a material misrepresentation of the law to those attempting to transact business with the agency and refusing to leave, as specified. By expanding the scope of a crime, 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.

Existing law imposes certain restrictions on activities and communications on or near government property.

This bill would make it unlawful for a person to engage in commercial activity at or on the premises of a county clerk’s office. The bill would define “commercial activity” as any 3rd-party, in-person activity where the primary purpose is to initiate a commercial transaction, with specified exceptions. The bill would make a first violation of these provisions an infraction and a 2nd or subsequent violation an infraction or a misdemeanor, punishable as specified. By creating new crimes, 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   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 602.1 of the Penal Code is amended to read:

602.1.
 (a) Any person who intentionally interferes with any lawful business or occupation carried on by the owner or agent of a business establishment open to the public, by obstructing or intimidating those attempting to carry on business, or their customers, and who refuses to leave the premises of the business establishment after being requested to leave by the owner or the owner’s agent, or by a peace officer acting at the request of the owner or owner’s agent, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(b) Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by making a material misrepresentation of the law to those persons there to transact business with the public agency, or by obstructing or intimidating those attempting to carry on business, or those persons there to transact business with the public agency, and who refuses to leave the premises of the public agency after being requested to leave by the office manager or a supervisor of the public agency, or by a peace officer acting at the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine.
(c) This section shall not apply to any of the following persons:
(1) Any person engaged in lawful labor union activities that are permitted to be carried out on the property by state or federal law.
(2) Any person on the premises who is engaging in activities protected by the California Constitution or the United States Constitution.
(d) Nothing in this section shall be deemed to supersede the application of any other law.

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.
SECTION 1.Chapter 4.5 (commencing with Section 653.80) is added to Title 15 of Part 1 of the Penal Code, to read:
4.5.Commercial Activity on Government Property
653.80.

It is unlawful for a person to engage in commercial activity at or on the premises of a county clerk’s office.

653.81.

(a)(1)A first violation of this chapter is an infraction.

(2)A second or subsequent violation of this chapter is an infraction or a misdemeanor.

(b)(1)An infraction under this chapter is punishable by a fine not exceeding two hundred fifty dollars ($250).

(2)A misdemeanor under this chapter is punishable by a fine not exceeding five hundred dollars ($500), imprisonment in the county jail not exceeding 10 days, or by both that fine and imprisonment.

(3)The court may order a person convicted under this chapter to serve community service in lieu of the punishment otherwise provided for an infraction or a misdemeanor under this chapter, in the amount of 20 hours for an infraction or 40 hours for a misdemeanor.

653.82.

For the purposes of this chapter, the following definitions apply:

(a)“Commercial activity” means any third-party, in-person activity where the primary purpose is to initiate a commercial transaction. “Commercial activity” does not include either of the following:

(1)Donation of funds made to a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the Internal Revenue Code.

(2)Marketing, advertising, or sale of employee benefits to, or for the primary benefit of, county employees.

(b)“County” means a county or any of its agencies, departments, or subdivisions, any associated districts, any entity for which the board of supervisors of the county serves as the legislative body, or any officer or employee thereof.

(c)“County clerk’s office” means all the real property owned by a county in which a county clerk conducts business with the public, including the buildings, landscaped areas, walkways, and parking lots, located upon the parcel where transactions with the public occur. “County clerk’s office” does not include the public sidewalks on the outer perimeter of the property described in this subdivision.

(d)“Person” means any individual, partnership, corporation, joint venture, firm, company, association, group, body politic, or other entity, and any officer, employee, agent, volunteer, trustee, assignee, contractor, or other representative thereof.

653.83.

If any provision of this chapter, or the application thereof, is for any reason held invalid, ineffective, or unconstitutional by a court of competent jurisdiction, the remainder of this chapter, or the application of this provision, shall not be affected thereby, and to this end the provisions of this chapter are severable.

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.