Today's Law As Amended


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AB-2324 Transit: public transit facilities.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 171.7 is added to the Penal Code, to read:

171.7.
 (a) For purposes of this section:
(1) “Public transit facility” means any land, building, or equipment, or any interest therein, including any station on a public transportation route, to which access is controlled in a manner consistent with the public transit authority’s security plan, whether or not the operation thereof produces revenue, that has as its primary purpose the operation of a public transit system or the providing of services to the passengers of a public transit system. A public transit system includes the vehicles used in the system, including, but not limited to, motor vehicles, streetcars, trackless trolleys, buses, light rail systems, rapid transit systems, subways, trains, or jitneys, that transport members of the public for hire.
(2) “Sterile area” means any portion of a public transit facility that is generally controlled in a manner consistent with the public transit authority’s security plan.
(3) “Firearm” has the same meaning as specified in Section 12001.
(b) It is unlawful for any person to knowingly possess within any sterile area of a public transit facility any of the following, if the sterile area is posted with a statement providing reasonable notice that prosecution may result from possession of these items:
(1) Any firearm.
(2) Any imitation firearm as defined in Section 417.4.
(3) Any instrument that expels a metallic projectile, such as a BB or pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun or paint gun.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any unauthorized tear gas weapon.
(8) Any undetectable knife, as described in Section 12001.1.
(c) (1) Subdivision (b) shall not apply to, or affect, any of the following:
(A) A duly appointed peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(B) A retired peace officer with authorization to carry concealed weapons as described in subdivision (a) of Section 12027.
(C) A full-time paid peace officer of another state or the federal government who is carrying out official duties while in California.
(D) A qualified law enforcement officer of another state or the federal government, as permitted under the Law Enforcement Officers Safety Act pursuant to Section 926B or 926C of Title 18 of the United States Code.
(E) Any person summoned by any of the officers listed in subparagraphs (A) to (C), inclusive, to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer.
(F) A person who is responsible for the security of the public transit system and who has been authorized by the public transit authority’s security coordinator, in writing, to possess a weapon specified in subdivision (b).
(2) Paragraph (1) of subdivision (b) does not apply to or affect a person who is exempt from the prohibition against carrying a handgun pursuant to Section 12025 if the carrying of that handgun is in accordance with the terms and conditions of the exemption specified in Section 12027.
(3) Paragraph (7) of subdivision (b) shall not apply to or affect the possession of a tear gas weapon when possession is permitted pursuant to Chapter 4 (commencing with Section 12401) of Title 2 of Part 4.
(d) A violation of this section is punishable by imprisonment in a county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(e) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission that is punishable in different ways by this and any other provision of law shall not be punished under more than one provision.
(f) This section does not prevent prosecution under any other provision of law that may provide a greater punishment.
(g) This section shall be interpreted so as to be consistent with Section 926A of Title 18 of the United States Code.

SEC. 2.

 Section 602 of the Penal Code is amended to read:

602.
 Except as provided in subdivisions subdivision  (u), subdivision  (v), and subdivision  (x), and Section 602.8, a every  person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d) Digging, taking, or carrying away from a any  lot situated within the limits of an any  incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in a any  city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying a any  sign, signboard, or notice placed upon, or affixed to, a any  property belonging to the state, or to a any  city, county, city and county, town, town  or village, or upon the any  property of a any  person, by the state or by an automobile association, which sign, signboard, signboard  or notice is intended to indicate or designate a road road,  or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the any  property of a any  person, without license from the owner, a any  notice, advertisement, or designation of, or a any  name for a any  commodity, whether for sale or otherwise, or a any  picture, sign, or device intended to call attention to it.
(g) Entering upon any  lands owned by another  any other  person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any  oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of  those lands.
(h) (1) Entering upon lands or buildings owned by another  any other  person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of  those lands.
(2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall must  be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3) This subdivision does not  shall not be construed to  preclude prosecution or punishment under any other provision of  law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying a any  fence on the enclosed land of another, or opening a any  gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a any  sign, signboard, or other notice forbidding shooting on private property.
(j) Building fires upon any  lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owner’s agent, or the person in lawful possession.
(k) Entering any  lands, whether unenclosed or enclosed by fence, for the purpose of injuring any  property or property rights or with the intention of interfering with, obstructing, or injuring a any  lawful business or occupation carried on by the owner of the land, the owner’s agent, agent  or by  the person in lawful possession.
(l) Entering any  lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner’s agent, agent  or of  the person in lawful possession, and any of the following: 
(1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner’s agent, agent  or by the person in lawful possession to leave the lands. lands, or 
(2) Tearing down, mutilating, or destroying a any  sign, signboard, or notice forbidding trespass or hunting on the lands. lands, or 
(3) Removing, injuring, unlocking, or tampering with a any  lock on a any  gate on or leading into the lands. lands, or 
(4) Discharging a any  firearm.
(m) Entering and occupying real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession.
(n) Driving a any  vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner’s agent, or the person in lawful possession. This subdivision does shall  not apply to a any  person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner’s agent, or the person in lawful possession.
(o) (1)  Refusing or failing to leave land, real property, or structures belonging to, to  or lawfully occupied by, by  another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that they are  he or she is  acting at the request of the owner, the owner’s agent, or the person in lawful possession, or (2) the owner, the owner’s agent, or the person in lawful possession. The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested. However, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency,  assistance  may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter,  30 days  and identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, agent  or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency,  assistance  may be made for a period not to exceed 12 six  months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires.  However, this subdivision does shall  not apply  be applicable  to persons engaged in lawful labor union activities that which  are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman California  Agricultural Labor Relations Act of 1975 (Part  Act, Part  3.5 (commencing with Section 1140) of Division 2 of the Labor Code) Code,  or by the federal  National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a any  housing authority for tenants, tenants  as defined in under  Section 34213.5 of the Health and Safety Code, Code  constitutes property not open to the general public; however, this subdivision does shall  not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a any  law or ordinance.
(2) A request for a peace officer’s assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
(3) A request for a peace officer’s assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p) Entering upon any  lands declared closed to entry, entry  as provided in Section 4256 of the Public Resources Code, if the closed areas shall  have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchperson, watchman,  or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail that which  is closed to the public and that which  has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where the person  he or she  has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager manager,  and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t) (1)  Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer he or she  is acting at the request of the owner, the owner’s agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or failing to leave the property upon being asked to leave the property in the manner provided in this subdivision.
(2) This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3) This   subdivision shall apply only to a person who has been convicted of a violent felony, as specified in subdivision (c) of Section 667.5, committed upon the particular private property.  A single notification or request to the person as set forth above shall be valid and enforceable under this subdivision unless and until rescinded by the owner, the owner’s agent, or the person in lawful possession of the property.
(4) Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon an any  airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies  shall apply  if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2) A Any  person convicted of a violation of paragraph (1) shall be punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3) As used in this subdivision, subdivision  the following definitions shall control:
(A) “Airport operations area” means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, “passenger vessel terminal” does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C) “Public transit facility” has the same meaning as specified in Section 171.7.
(D) (i)  “Authorized personnel” means a any  person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card. “Authorized personnel” also means any person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card. “Authorized personnel” also means any person who has a valid public transit employee identification. 
(ii) “Authorized personnel” also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii) “Authorized personnel” also means a person who has a valid public transit employee identification card.
(E) “Airport” means a any  facility whose function is to support commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), Section 171.5,  or public transit facility, as defined in Section 171.7, subdivision (u),  if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w) Refusing or failing to leave the location of a domestic violence shelter-based program  a battered women’s shelter  at any time after being requested to leave by a managing authority of the shelter.
(1) A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2) The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence  battered woman  in an amount equal to the relocation expenses of the victim of domestic violence and the victim’s  battered woman and her  children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program. a battered women’s shelter. 
(x) (1) Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person  he or she  has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2) A Any  person convicted of a violation of paragraph (1) shall be punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D) If probation is granted or the execution or imposition of sentencing is suspended for a any  person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.

SEC. 2.3.

 Section 602 of the Penal Code is amended to read:

602.
 Except as provided in subdivisions subdivision  (u), subdivision  (v), and subdivision  (x), and Section 602.8, a every  person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d) Digging, taking, or carrying away from a any  lot situated within the limits of an any  incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in a any  city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying a any  sign, signboard, or notice placed upon, or affixed to, a any  property belonging to the state, or to a any  city, county, city and county, town, town  or village, or upon the any  property of a any  person, by the state or by an automobile association, which sign, signboard, signboard  or notice is intended to indicate or designate a road road,  or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the any  property of a any  person, without license from the owner, a any  notice, advertisement, or designation of, or a any  name for a any  commodity, whether for sale or otherwise, or a any  picture, sign, or device intended to call attention to it.
(g) Entering upon any  lands owned by another  any other  person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any  oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of  those lands.
(h) (1) Entering upon lands or buildings owned by another  any other  person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of  those lands.
(2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall must  be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3) This subdivision does not  shall not be construed to  preclude prosecution or punishment under any other provision of  law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying a any  fence on the enclosed land of another, or opening a any  gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a any  sign, signboard, or other notice forbidding shooting on private property.
(j) Building fires upon any  lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owner’s agent, or the person in lawful possession.
(k) Entering any  lands, whether unenclosed or enclosed by fence, for the purpose of injuring any  property or property rights or with the intention of interfering with, obstructing, or injuring a any  lawful business or occupation carried on by the owner of the land, the owner’s agent, agent  or by  the person in lawful possession.
(l) Entering any  lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner’s agent, agent  or of  the person in lawful possession, and any of the following: 
(1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner’s agent, agent  or by the person in lawful possession to leave the lands. lands, or 
(2) Tearing down, mutilating, or destroying a any  sign, signboard, or notice forbidding trespass or hunting on the lands. lands, or 
(3) Removing, injuring, unlocking, or tampering with a any  lock on a any  gate on or leading into the lands. lands, or 
(4) Discharging a any  firearm.
(m) Entering and occupying real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession.
(n) Driving a any  vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner’s agent, or the person in lawful possession. This subdivision does shall  not apply to a any  person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner’s agent, or the person in lawful possession.
(o) (1)  Refusing or failing to leave land, real property, or structures belonging to, to  or lawfully occupied by, by  another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that they are  he or she is  acting at the request of the owner, the owner’s agent, or the person in lawful possession, or (2) the owner, the owner’s agent, or the person in lawful possession. The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested. However, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency,  assistance  may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter,  30 days  and identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, agent  or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency,  assistance  may be made for a period not to exceed 12 six  months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires.  However, this subdivision does shall  not apply  be applicable  to persons engaged in lawful labor union activities that which  are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman California  Agricultural Labor Relations Act of 1975 (Part  Act, Part  3.5 (commencing with Section 1140) of Division 2 of the Labor Code) Code,  or by the federal  National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a any  housing authority for tenants, tenants  as defined in under  Section 34213.5 of the Health and Safety Code, Code  constitutes property not open to the general public; however, this subdivision does shall  not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a any  law or ordinance.
(2) A request for a peace officer’s assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
(3) A request for a peace officer’s assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p) Entering upon any  lands declared closed to entry, entry  as provided in Section 4256 of the Public Resources Code, if the closed areas shall  have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchperson, watchman,  or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail that which  is closed to the public and that which  has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where the person  he or she  has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager manager,  and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t) (1)  Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer he or she  is acting at the request of the owner, the owner’s agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or failing to leave the property upon being asked to leave the property in the manner provided in this subdivision.
(2) This subdivision applies only to a person who has been convicted of a crime committed upon the particular private property.
(3) This   subdivision shall apply only to a person who has been convicted of a violent felony, as specified in subdivision (c) of Section 667.5, committed upon the particular private property.  A single notification or request to the person as set forth above shall be valid and enforceable under this subdivision unless and until rescinded by the owner, the owner’s agent, or the person in lawful possession of the property.
(4) Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies without time limitation. Where the person has been convicted of any other felony, this subdivision applies for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies for no more than one year from the date of conviction. This subdivision does not apply to convictions for any other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon an any  airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies  shall apply  if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2) A Any  person convicted of a violation of paragraph (1) shall be punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3) As used in this subdivision, subdivision  the following definitions shall control:
(A) “Airport operations area” means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, “passenger vessel terminal” does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C) “Public transit facility” has the same meaning as specified in Section 171.7.
(D) (i)  “Authorized personnel” means a any  person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card. “Authorized personnel” also means any person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card. “Authorized personnel” also means any person who has a valid public transit employee identification. 
(ii) “Authorized personnel” also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii) “Authorized personnel” also means a person who has a valid public transit employee identification card.
(E) “Airport” means a any  facility whose function is to support commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), Section 171.5,  or public transit facility, as defined in Section 171.7, subdivision (u),  if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w) Refusing or failing to leave the location of a domestic violence shelter-based program  a battered women’s shelter  at any time after being requested to leave by a managing authority of the shelter.
(1) A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2) The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence  battered woman  in an amount equal to the relocation expenses of the victim of domestic violence and the victim’s  battered woman and her  children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program. a battered women’s shelter. 
(x) (1) Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person  he or she  has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2) A Any  person convicted of a violation of paragraph (1) shall be punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D) If probation is granted or the execution or imposition of sentencing is suspended for a any  person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
(z) (1) Knowingly entering or remaining at an annual event that is televised live and not open to the general public without authorization from the person lawfully in possession of the property, if the area has been posted so as to give reasonable notice restricting access to authorized guests and persons with lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted at each authorized entrance. The notice shall state that a person who enters the event without authorization is subject to prosecution for a misdemeanor.
(2) Any person convicted of a violation of paragraph (1) shall be punished as follows:
(A) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, subject to Section 19.8, for a first offense.
(B) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3) For purposes of this subdivision, an event is not open to the general public if entrance to the event is obtained through an individual invitation or by a ticket.
(4) This subdivision does not apply to activities arising out of labor disputes as defined in paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure involving labor organizations as defined in Section 1117 of the Labor Code.

SEC. 2.5.

 Section 602 of the Penal Code is amended to read:

602.
 Except as provided in subdivisions subdivision  (u), subdivision  (v), and subdivision  (x), and Section 602.8, a every  person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d) Digging, taking, or carrying away from a any  lot situated within the limits of an any  incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in a any  city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying a any  sign, signboard, or notice placed upon, or affixed to, a any  property belonging to the state, or to a any  city, county, city and county, town, town  or village, or upon the any  property of a any  person, by the state or by an automobile association, which sign, signboard, signboard  or notice is intended to indicate or designate a road road,  or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the any  property of a any  person, without license from the owner, a any  notice, advertisement, or designation of, or a any  name for a any  commodity, whether for sale or otherwise, or a any  picture, sign, or device intended to call attention to it.
(g) Entering upon any  lands owned by another  any other  person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any  oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of  those lands.
(h) (1) Entering upon lands or buildings owned by another  any other  person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of  those lands.
(2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall must  be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3) This subdivision does not  shall not be construed to  preclude prosecution or punishment under any other provision of  law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying a any  fence on the enclosed land of another, or opening a any  gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a any  sign, signboard, or other notice forbidding shooting on private property.
(j) Building fires upon any  lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owner’s agent, or the person in lawful possession.
(k) Entering any  lands, whether unenclosed or enclosed by fence, for the purpose of injuring any  property or property rights or with the intention of interfering with, obstructing, or injuring a any  lawful business or occupation carried on by the owner of the land, the owner’s agent, agent  or by  the person in lawful possession.
(l) Entering any  lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner’s agent, agent  or of  the person in lawful possession, and any of the following: 
(1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner’s agent, agent  or by the person in lawful possession to leave the lands. lands, or 
(2) Tearing down, mutilating, or destroying a any  sign, signboard, or notice forbidding trespass or hunting on the lands. lands, or 
(3) Removing, injuring, unlocking, or tampering with a any  lock on a any  gate on or leading into the lands. lands, or 
(4) Discharging a any  firearm.
(m) Entering and occupying real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession.
(n) Driving a any  vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner’s agent, or the person in lawful possession. This subdivision does shall  not apply to a any  person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner’s agent, or the person in lawful possession.
(o) (1)  Refusing or failing to leave land, real property, or structures belonging to, to  or lawfully occupied by, by  another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that they are  he or she is  acting at the request of the owner, the owner’s agent, or the person in lawful possession, or (2) the owner, the owner’s agent, or the person in lawful possession. The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested. However, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency,  assistance  may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter,  30 days  and identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, agent  or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency,  assistance  may be made for a period not to exceed 12 six  months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires.  However, this subdivision does shall  not apply  be applicable  to persons engaged in lawful labor union activities that which  are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman California  Agricultural Labor Relations Act of 1975 (Part  Act, Part  3.5 (commencing with Section 1140) of Division 2 of the Labor Code) Code,  or by the federal  National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a any  housing authority for tenants, tenants  as defined in under  Section 34213.5 of the Health and Safety Code, Code  constitutes property not open to the general public; however, this subdivision does shall  not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a any  law or ordinance.
(2) A request for a peace officer’s assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
(3) A request for a peace officer’s assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p) Entering upon any  lands declared closed to entry, entry  as provided in Section 4256 of the Public Resources Code, if the closed areas shall  have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchperson, watchman,  or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail that which  is closed to the public and that which  has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where the person  he or she  has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager manager,  and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t) (1) Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer he or she  is acting at the request of the owner, the owner’s agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or failing to leave the property upon being asked to leave the property in the manner provided in this subdivision.
(2) This subdivision applies  shall apply  only to a person who has been convicted of a crime committed upon the particular private property.
(3) A single notification or request to the person as set forth above shall be valid and enforceable under this subdivision unless and until rescinded by the owner, the owner’s agent, or the person in lawful possession of the property.
(4) Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies  shall apply  without time limitation. Where the person has been convicted of any other felony, this subdivision applies  shall apply  for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies  shall apply  for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies  shall apply  for no more than one year from the date of conviction. This subdivision does shall  not apply to convictions for any other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon an any  airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies  shall apply  if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2) A Any  person convicted of a violation of paragraph (1) shall be punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3) As used in this subdivision, subdivision  the following definitions shall control:
(A) “Airport operations area” means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, “passenger vessel terminal” does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C) “Public transit facility” has the same meaning as specified in Section 171.7.
(D) (i)  “Authorized personnel” means a any  person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card. “Authorized personnel” also means any person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card. “Authorized personnel” also means any person who has a valid public transit employee identification. 
(ii) “Authorized personnel” also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii) “Authorized personnel” also means a person who has a valid public transit employee identification card.
(E) “Airport” means a any  facility whose function is to support commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), Section 171.5,  or public transit facility, as defined in Section 171.7, subdivision (u),  if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w) Refusing or failing to leave the location of a domestic violence shelter-based program  a battered women’s shelter  at any time after being requested to leave by a managing authority of the shelter.
(1) A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2) The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence  battered woman  in an amount equal to the relocation expenses of the victim of domestic violence and the victim’s  battered woman and her  children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program. a battered women’s shelter. 
(x) (1) Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person  he or she  has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2) A Any  person convicted of a violation of paragraph (1) shall be punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D) If probation is granted or the execution or imposition of sentencing is suspended for a any  person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.

SEC. 2.7.

 Section 602 of the Penal Code is amended to read:

602.
 Except as provided in subdivisions subdivision  (u), subdivision  (v), and subdivision  (x), and Section 602.8, a every  person who willfully commits a trespass by any of the following acts is guilty of a misdemeanor:
(a) Cutting down, destroying, or injuring any kind of wood or timber standing or growing upon the lands of another.
(b) Carrying away any kind of wood or timber lying on those lands.
(c) Maliciously injuring or severing from the freehold of another anything attached to it, or its produce.
(d) Digging, taking, or carrying away from a any  lot situated within the limits of an any  incorporated city, without the license of the owner or legal occupant, any earth, soil, or stone.
(e) Digging, taking, or carrying away from land in a any  city or town laid down on the map or plan of the city, or otherwise recognized or established as a street, alley, avenue, or park, without the license of the proper authorities, any earth, soil, or stone.
(f) Maliciously tearing down, damaging, mutilating, or destroying a any  sign, signboard, or notice placed upon, or affixed to, a any  property belonging to the state, or to a any  city, county, city and county, town, town  or village, or upon the any  property of a any  person, by the state or by an automobile association, which sign, signboard, signboard  or notice is intended to indicate or designate a road road,  or a highway, or is intended to direct travelers from one point to another, or relates to fires, fire control, or any other matter involving the protection of the property, or putting up, affixing, fastening, printing, or painting upon any property belonging to the state, or to any city, county, town, or village, or dedicated to the public, or upon the any  property of a any  person, without license from the owner, a any  notice, advertisement, or designation of, or a any  name for a any  commodity, whether for sale or otherwise, or a any  picture, sign, or device intended to call attention to it.
(g) Entering upon any  lands owned by another  any other  person whereon oysters or other shellfish are planted or growing; or injuring, gathering, or carrying away any  oysters or other shellfish planted, growing, or on any of those lands, whether covered by water or not, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of  those lands.
(h) (1) Entering upon lands or buildings owned by another  any other  person without the license of the owner or legal occupant, where signs forbidding trespass are displayed, and whereon cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held for the purpose of food for human consumption; or injuring, gathering, or carrying away any animal being housed on any of those lands, without the license of the owner or legal occupant; or damaging, destroying, or removing, or causing to be removed, damaged, or destroyed, any stakes, marks, fences, or signs intended to designate the boundaries and limits of any of  those lands.
(2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall must  be displayed at intervals not less than three per mile along all exterior boundaries and at all roads and trails entering the land.
(3) This subdivision does not  shall not be construed to  preclude prosecution or punishment under any other provision of  law, including, but not limited to, grand theft or any provision that provides for a greater penalty or longer term of imprisonment.
(i) Willfully opening, tearing down, or otherwise destroying a any  fence on the enclosed land of another, or opening a any  gate, bar, or fence of another and willfully leaving it open without the written permission of the owner, or maliciously tearing down, mutilating, or destroying a any  sign, signboard, or other notice forbidding shooting on private property.
(j) Building fires upon any  lands owned by another where signs forbidding trespass are displayed at intervals not greater than one mile along the exterior boundaries and at all roads and trails entering the lands, without first having obtained written permission from the owner of the lands or the owner’s agent, or the person in lawful possession.
(k) Entering any  lands, whether unenclosed or enclosed by fence, for the purpose of injuring any  property or property rights or with the intention of interfering with, obstructing, or injuring a any  lawful business or occupation carried on by the owner of the land, the owner’s agent, agent  or by  the person in lawful possession.
(l) Entering any  lands under cultivation or enclosed by fence, belonging to, or occupied by, another, or entering upon uncultivated or unenclosed lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering the lands without the written permission of the owner of the land, the owner’s agent, agent  or of  the person in lawful possession, and any of the following: 
(1) Refusing or failing to leave the lands immediately upon being requested by the owner of the land, the owner’s agent, agent  or by the person in lawful possession to leave the lands. lands, or 
(2) Tearing down, mutilating, or destroying a any  sign, signboard, or notice forbidding trespass or hunting on the lands. lands, or 
(3) Removing, injuring, unlocking, or tampering with a any  lock on a any  gate on or leading into the lands. lands, or 
(4) Discharging a any  firearm.
(m) Entering and occupying real property or structures of any kind without the consent of the owner, the owner’s agent, or the person in lawful possession.
(n) Driving a any  vehicle, as defined in Section 670 of the Vehicle Code, upon real property belonging to, or lawfully occupied by, another and known not to be open to the general public, without the consent of the owner, the owner’s agent, or the person in lawful possession. This subdivision does shall  not apply to a any  person described in Section 22350 of the Business and Professions Code who is making a lawful service of process, provided that upon exiting the vehicle, the person proceeds immediately to attempt the service of process, and leaves immediately upon completing the service of process or upon the request of the owner, the owner’s agent, or the person in lawful possession.
(o) (1)  Refusing or failing to leave land, real property, or structures belonging to, to  or lawfully occupied by, by  another and not open to the general public, upon being requested to leave by (1) a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that they are  he or she is  acting at the request of the owner, the owner’s agent, or the person in lawful possession, or (2) the owner, the owner’s agent, or the person in lawful possession. The owner, the owner’s agent, or the person in lawful possession shall make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested. However, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency,  assistance  may be made to cover a limited period of time not to exceed a time period determined by local ordinance or 12 months, whichever is shorter,  30 days  and identified by specific dates, during which there is a fire hazard or the owner, owner’s agent, agent  or person in lawful possession is absent from the premises or property. In addition, a single request for a peace officer’s assistance, made in a notarized writing on a form provided by the law enforcement agency,  assistance  may be made for a period not to exceed 12 six  months when the premises or property is closed to the public and posted as being closed. The requestor shall inform the law enforcement agency to which the request was made, in writing, when the assistance is no longer desired, before the period not exceeding 12 months expires.  However, this subdivision does shall  not apply  be applicable  to persons engaged in lawful labor union activities that which  are permitted to be carried out on the property by the Alatorre-Zenovich-Dunlap-Berman California  Agricultural Labor Relations Act of 1975 (Part  Act, Part  3.5 (commencing with Section 1140) of Division 2 of the Labor Code) Code,  or by the federal  National Labor Relations Act. For purposes of this section, land, real property, or structures owned or operated by a any  housing authority for tenants, tenants  as defined in under  Section 34213.5 of the Health and Safety Code, Code  constitutes property not open to the general public; however, this subdivision does shall  not apply to persons on the premises who are engaging in activities protected by the California or United States Constitution, or to persons who are on the premises at the request of a resident or management and who are not loitering or otherwise suspected of violating or actually violating a any  law or ordinance.
(2) A request for a peace officer’s assistance shall expire upon transfer of ownership of the property or upon a change in the person in lawful possession.
(3) A request for a peace officer’s assistance in dealing with a trespass may be submitted electronically. A local government may accept electronic submissions of requests pursuant to this subdivision.
(p) Entering upon any  lands declared closed to entry, entry  as provided in Section 4256 of the Public Resources Code, if the closed areas shall  have been posted with notices declaring the closure, at intervals not greater than one mile along the exterior boundaries or along roads and trails passing through the lands.
(q) Refusing or failing to leave a public building of a public agency during those hours of the day or night when the building is regularly closed to the public upon being requested to do so by a regularly employed guard, watchperson, watchman,  or custodian of the public agency owning or maintaining the building or property, if the surrounding circumstances would indicate to a reasonable person that the person has no apparent lawful business to pursue.
(r) Knowingly skiing in an area or on a ski trail that which  is closed to the public and that which  has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where the person  he or she  has obtained accommodations and has refused to pay for those accommodations, upon request of the proprietor or manager manager,  and the occupancy is exempt, pursuant to subdivision (b) of Section 1940 of the Civil Code, from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code. For purposes of this subdivision, occupancy at a hotel or motel for a continuous period of 30 days or less shall, in the absence of a written agreement to the contrary, or other written evidence of a periodic tenancy of indefinite duration, be exempt from Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code.
(t) (1) Entering upon private property, including contiguous land, real property, or structures thereon belonging to the same owner, whether or not generally open to the public, after having been informed by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession, and upon being informed by the peace officer that the peace officer he or she  is acting at the request of the owner, the owner’s agent, or the person in lawful possession, that the property is not open to the particular person; or refusing or failing to leave the property upon being asked to leave the property in the manner provided in this subdivision.
(2) This subdivision applies  shall apply  only to a person who has been convicted of a crime committed upon the particular private property.
(3) A single notification or request to the person as set forth above shall be valid and enforceable under this subdivision unless and until rescinded by the owner, the owner’s agent, or the person in lawful possession of the property.
(4) Where the person has been convicted of a violent felony, as described in subdivision (c) of Section 667.5, this subdivision applies  shall apply  without time limitation. Where the person has been convicted of any other felony, this subdivision applies  shall apply  for no more than five years from the date of conviction. Where the person has been convicted of a misdemeanor, this subdivision applies  shall apply  for no more than two years from the date of conviction. Where the person was convicted for an infraction pursuant to Section 490.1, this subdivision applies  shall apply  for no more than one year from the date of conviction. This subdivision does shall  not apply to convictions for any other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon an any  airport operations area, passenger vessel terminal, or public transit facility if the area has been posted with notices restricting access to authorized personnel only and the postings occur not greater than every 150 feet along the exterior boundary, to the extent, in the case of a passenger vessel terminal, as defined in subparagraph (B) of paragraph (3), that the exterior boundary extends shoreside. To the extent that the exterior boundary of a passenger vessel terminal operations area extends waterside, this prohibition applies  shall apply  if notices have been posted in a manner consistent with the requirements for the shoreside exterior boundary, or in any other manner approved by the captain of the port.
(2) A Any  person convicted of a violation of paragraph (1) shall be punished as follows:
(A) By a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the airport or passenger vessel terminal after being requested to leave by a peace officer or authorized personnel.
(C) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3) As used in this subdivision, subdivision  the following definitions shall control:
(A) “Airport operations area” means that part of the airport used by aircraft for landing, taking off, surface maneuvering, loading and unloading, refueling, parking, or maintenance, where aircraft support vehicles and facilities exist, and which is not for public use or public vehicular traffic.
(B) “Passenger vessel terminal” means only that portion of a harbor or port facility, as described in Section 105.105(a)(2) of Title 33 of the Code of Federal Regulations, with a secured area that regularly serves scheduled commuter or passenger operations. For the purposes of this section, “passenger vessel terminal” does not include any area designated a public access area pursuant to Section 105.106 of Title 33 of the Code of Federal Regulations.
(C) “Public transit facility” has the same meaning as specified in Section 171.7.
(D) (i)  “Authorized personnel” means a any  person who has a valid airport identification card issued by the airport operator or has a valid airline identification card recognized by the airport operator, or any person not in possession of an airport or airline identification card who is being escorted for legitimate purposes by a person with an airport or airline identification card. “Authorized personnel” also means any person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card. “Authorized personnel” also means any person who has a valid public transit employee identification. 
(ii) “Authorized personnel” also means a person who has a valid port identification card issued by the harbor operator, or who has a valid company identification card issued by a commercial maritime enterprise recognized by the harbor operator, or any other person who is being escorted for legitimate purposes by a person with a valid port or qualifying company identification card.
(iii) “Authorized personnel” also means a person who has a valid public transit employee identification card.
(E) “Airport” means a any  facility whose function is to support commercial aviation.
(v) (1) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a sterile area of an airport, passenger vessel terminal, as defined in subdivision (u), Section 171.5,  or public transit facility, as defined in Section 171.7, subdivision (u),  if the sterile area is posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision, is a violation of this subdivision, punishable by a fine of not more than five hundred dollars ($500) for the first offense. A second and subsequent violation is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
(2) Notwithstanding paragraph (1), if a first violation of this subdivision is responsible for the evacuation of an airport terminal, passenger vessel terminal, or public transit facility and is responsible in any part for delays or cancellations of scheduled flights or departures, it is punishable by imprisonment of not more than one year in a county jail.
(w) Refusing or failing to leave the location of a domestic violence shelter-based program  a battered women’s shelter  at any time after being requested to leave by a managing authority of the shelter.
(1) A person who is convicted of violating this subdivision shall be punished by imprisonment in a county jail for not more than one year.
(2) The court may order a defendant who is convicted of violating this subdivision to make restitution to a victim of domestic violence  battered woman  in an amount equal to the relocation expenses of the victim of domestic violence and the victim’s  battered woman and her  children if those expenses are incurred as a result of trespass by the defendant at the location of a domestic violence shelter-based program. a battered women’s shelter. 
(x) (1) Knowingly entering or remaining in a neonatal unit, maternity ward, or birthing center located in a hospital or clinic without lawful business to pursue therein, if the area has been posted so as to give reasonable notice restricting access to those with lawful business to pursue therein and the surrounding circumstances would indicate to a reasonable person that the person  he or she  has no lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted, at a minimum, at each entrance into the area.
(2) A Any  person convicted of a violation of paragraph (1) shall be punished as follows:
(A) As an infraction, by a fine not exceeding one hundred dollars ($100).
(B) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, if the person refuses to leave the posted area after being requested to leave by a peace officer or other authorized person.
(C) By imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(D) If probation is granted or the execution or imposition of sentencing is suspended for a any  person convicted under this subdivision, it shall be a condition of probation that the person participate in counseling, as designated by the court, unless the court finds good cause not to impose this requirement. The court shall require the person to pay for this counseling, if ordered, unless good cause not to pay is shown.
(y) Except as permitted by federal law, intentionally avoiding submission to the screening and inspection of one’s person and accessible property in accordance with the procedures being applied to control access when entering or reentering a courthouse or a city, county, city and county, or state building if entrances to the courthouse or the city, county, city and county, or state building have been posted with a statement providing reasonable notice that prosecution may result from a trespass described in this subdivision.
(z) (1) Knowingly entering or remaining at an annual event that is televised live and not open to the general public without authorization from the person lawfully in possession of the property, if the area has been posted so as to give reasonable notice restricting access to authorized guests and persons with lawful business to pursue therein. Reasonable notice is that which would give actual notice to a reasonable person, and is posted at each authorized entrance. The notice shall state that a person who enters the event without authorization is subject to prosecution for a misdemeanor.
(2) Any person convicted of a violation of paragraph (1) shall be punished as follows:
(A) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, subject to Section 19.8, for a first offense.
(B) By imprisonment in a county jail not exceeding six months, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, for a second or subsequent offense.
(3) For purposes of this subdivision, an event is not open to the general public if entrance to the event is obtained through an individual invitation or by a ticket.
(4) This subdivision does not apply to activities arising out of labor disputes as defined in paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure involving labor organizations as defined in Section 1117 of the Labor Code.

SEC. 3.

 Section 640 of the Penal Code is amended to read:

640.
 (a) (1) Any of the acts described in paragraphs (1) to (6), (5),  inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), any  Any  of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), a  A  third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing  Disturbing  another person by loud or unreasonable noise.
(3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4) Expectorating upon a system facility or vehicle.
(5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, device  as defined in Section 407.5 of the Vehicle Code, Code  in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If  In the event that  an eligible discount ticket user is not in possession of acceptable proof at the time of request, a any  citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment first amendment  rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5) Willfully tampering with, removing, displacing, injuring, or destroying any part of a any  facility or vehicle of a public transportation system.
(e) Notwithstanding subdivision (a) or (g), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following:
(1) (e)  Enact and enforce an ordinance providing that a person who is the subject of a citation for  Notwithstanding subdivision (a), the City and County of San Francisco and the Los Angeles County Metropolitan Transportation Authority may enact and enforce an ordinance providing that  any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code  or (c)  on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty  City and County of San Francisco or the Los Angeles County Metropolitan Transportation Authority has jurisdiction shall be subject only to an administrative penalty imposed and  enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code. Code and shall not apply to minors. 
(2) Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue.
(f) For purposes of this section, a  “facility or vehicle of a public transportation system” means any of the following:
(1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2) A facility of, or vehicle operated by, an by any  entity subsidized by, the Department of Transportation.
(3) A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4) (3)  A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2),  (1)  or (3) (2)  incurs costs of cleanup, repair, or replacement as a result of any of those acts.
(g) A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed one hundred twenty-five dollars ($125) upon a first or second violation and not to exceed two hundred dollars ($200) upon a third or subsequent violation, to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty pursuant to Section 99580 of the Public Utilities Code, or to allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment pursuant to Section 99580 of the Public Utilities Code.

SEC. 3.5.

 Section 640 of the Penal Code is amended to read:

640.
 (a) (1) Any of the acts described in paragraphs (1) to (6), (5),  inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), any  Any  of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), a  A  third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment.
(2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system.
(b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing  Disturbing  another person by loud or unreasonable noise.
(3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system.
(4) Expectorating upon a system facility or vehicle.
(5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code, Code  in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility.
(6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts.
(c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare.
(2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare.
(3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting.
(B) If  In the event that  an eligible discount ticket user is not in possession of acceptable proof at the time of request, a any  citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed.
(d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior.
(2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle.
(3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition.
(4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes.
(5) Willfully tampering with, removing, displacing, injuring, or destroying any part of a any  facility or vehicle of a public transportation system.
(e) Notwithstanding subdivision (a) or (g), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following:
(1) (e)  Enact and enforce an ordinance providing that a person who is the subject of a citation for  Notwithstanding subdivision (a), the City and County of San Francisco, the Los Angeles County Metropolitan Transportation Authority, the Santa Clara Valley Transportation Authority, the Sacramento Regional Transit District, Long Beach Transit, Foothill Transit, and the Alameda-Contra Costa Transit District may enact and enforce an ordinance providing that  any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code  or (c)  on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty  City and County of San Francisco, the Los Angeles County Metropolitan Transportation Authority, the Santa Clara Valley Transportation Authority, the Sacramento Regional Transit District, Long Beach Transit, Foothill Transit, or the Alameda-Contra Costa Transit District has jurisdiction shall be subject only to an administrative penalty imposed and  enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code. Code and shall not apply to minors. 
(2) Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue.
(f) For purposes of this section, a  “facility or vehicle of a public transportation system” means any of the following:
(1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code.
(2) A facility of, or vehicle operated by, an by any  entity subsidized by, the Department of Transportation.
(3) A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad.
(4) (3)  A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2),  (1)  or (3) (2)  incurs costs of cleanup, repair, or replacement as a result of any of those acts.
(g) A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed one hundred twenty-five dollars ($125) upon a first or second violation and not to exceed two hundred dollars ($200) upon a third or subsequent violation, to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty pursuant to Section 99580 of the Public Utilities Code, or to allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment pursuant to Section 99580 of the Public Utilities Code.
SEC. 4.
 (a) Section 2.3 of this bill incorporates amendments to Section 602 of the Penal Code proposed by both this bill and AB 451. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) each bill amends Section 602 of the Penal Code, and (3) AB 668 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after AB 451, in which case Sections 2, 2.5, and 2.7 of this bill shall not become operative.
(b) Section 2.5 of this bill incorporates amendments to Section 602 of the Penal Code proposed by both this bill and AB 668. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) each bill amends Section 602 of the Penal Code, (3) AB 451 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after AB 668 in which case Sections 2, 2.3 and 2.7 of this bill shall not become operative.
(c) Section 2.7 of this bill incorporates amendments to Section 602 of the Penal Code proposed by this bill, AB 451, and AB 668. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2011, (2) all three bills amend Section 602 of the Penal Code, and (3) this bill is enacted after AB 451 and AB 668, in which case Sections 2, 2.3 and 2.5 of this bill shall not become operative.
SEC. 5.
 Section 3.5 of this bill incorporates amendments to Section 640 of the Penal Code proposed by both this bill and SB 1320. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) each bill amends Section 640 of the Penal Code, and (3) this bill is enacted after SB 1320, in which case Section 3 of this bill shall not become operative.
SEC. 6.
 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.