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

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Date Published: 10/02/2017 09:00 PM
AB660:v91#DOCUMENT

Assembly Bill No. 660
CHAPTER 381

An act to amend Section 602.1 of the Penal Code, relating to crime.

[ Approved by Governor  September 30, 2017. Filed with Secretary of State  September 30, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 660, Rubio. 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 an infraction to intentionally interfere with any lawful business carried on by the employees of a public agency open to the public by knowingly 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.
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 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) Any person who intentionally interferes with any lawful business carried on by the employees of a public agency open to the public, by knowingly making a material misrepresentation of the law to 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 an infraction, punishable by a fine of up to four hundred dollars ($400).
(d) 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.
(e) 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.