CaliforniaTrespass.
What it does
Existing law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave 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 they are acting at the request of the owner, the owner's agent, or the person in lawful possession. Existing law requires the owner, the owner's agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officer's assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when there is a fire hazard to the premises or property, the owner is absent from the premises or property, or the premises or property is closed to the public and posted as being closed. Existing law authorizes a single request for assistance to be made and submitted electronically, in a notarized form provided by the law enforcement agency, to a peace officer, and authorizes local governments to accept electronic submissions of requests for peace officer assistance.
More detail
This bill would remove the requirement that the submitted form described above be notarized, and would instead require the request to include a written declaration, signed under penalty of perjury, that the requestor is the owner of the property and has legal authority to request the assistance, that the information provided in the request is true and correct, that the requestor acknowledges that law enforcement may rely on the declaration in taking enforcement action, and that the requestor is required to notify law enforcement if they no longer have legal authority over the property or if the request is withdrawn. The bill would authorize law enforcement to reasonably rely on the above-described declaration unless it has actual knowledge that the declaration is false. By expanding the crime of perjury, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 24In Assembly. Concurrence in Senate amendments pending.Latest
- Vote recorded 3rd Reading AB1632 Johnson By Archuleta. Result: pass.Upper
- Aug 24Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0.).Passed Senate
- Jun 23Read second time. Ordered to third reading.Minor
- Jun 22From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Jun 11Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.Minor
- Jun 10Read second time and amended. Ordered to third reading.Major
- Jun 9From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (June 9).Major
- Vote recorded Do pass as amended. Result: pass.Upper
- May 20Referred to Com. on PUB. S.Minor
- May 7In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1632 Johnson Assembly Third Reading. Result: pass.Lower
- May 7Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 0. Page 4957.)Passed Assembly
- Mar 23Read second time. Ordered to third reading.Minor
- Mar 19Read second time and amended. Ordered returned to second reading.Major
- Mar 18From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (March 17).Major
- Mar 17
- Vote recorded Do pass as amended. Result: pass.Lower
- Mar 6In committee: Set, second hearing. Hearing canceled at the request of author.
- Feb 24In committee: Set, first hearing. Hearing canceled at the request of author.
- Feb 9Referred to Com. on PUB. S.Minor
- Jan 27From printer. May be heard in committee February 26.
- Jan 26Read first time. To print.Introduced
- Aug 24In Assembly. Concurrence in Senate amendments pending.Latest