Bill Text: CA AB2286 | 2013-2014 | Regular Session | Amended
Bill Title: Process servers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-29 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2286 Detail]
Download: California-2013-AB2286-Amended.html
BILL NUMBER: AB 2286 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Wagner
FEBRUARY 21, 2014
An act to amend Sections 6401, 7522, and 22453.1 of, to add
Chapter 5.7 (commencing with Section 6460) to Division 3 of, and
to repeal Chapter 16 (commencing with Section 22350) of
Division 8 of, and to add Chapter 5.7 (commencing with
Section 6460) to Division 3 of, the Business and
Professions Code, to amend Sections 413.40, 415.21, 417.40,
481.205, 680.330, and 1033.5 of the Code of Civil Procedure, to amend
Section 647 of the Evidence Code, and to amend Sections 241, 602,
and 602.8 of the Penal Code, relating to process servers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2286, as amended, Wagner. Process servers.
Existing law requires a process servers
server to register with the county clerk where
he or she resides or has a principal place of business. Existing law
also requires any corporation or partnership that derives
compensation from service of process in this state to register with
the county clerk where the corporation or partnership has its
principal place of business. Existing law requires the county clerk
to retain the certificate of registration, as specified. Existing law
also requires the county clerk to receive Live Scan fingerprint
results and the presiding judge of the superior court is authorized
to review the criminal record of registrants convicted of a felony
and to take appropriate action, as specified. Existing law also
requires the county clerk to provide a variety of administrative
services pertaining to the registration of process servers.
Existing law, the State Bar Act, provides for the licensure and
regulation of attorneys by the State Bar of California, a public
corporation.
This law would remove oversight of the registration of process
servers from the counties and place it within the State Bar of
California. This bill would also make technical, nonsubstantive
changes to correct cross references.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6401 of the Business
and Professions Code is amended to read:
6401. This chapter does not apply to any person engaged in any of
the following occupations, provided that the person does not also
perform the duties of a legal document assistant in addition to those
occupations:
(a) Any government employee who is acting in the course of his or
her employment.
(b) A member of the State Bar of California, or his or her
employee, paralegal, or agent, or an independent contractor while
acting on behalf of a member of the State Bar.
(c) Any employee of a nonprofit, tax-exempt corporation who either
assists clients free of charge or is supervised by a member of the
State Bar of California who has malpractice insurance.
(d) A licensed real estate broker or licensed real estate
salesperson, as defined in Chapter 3 (commencing with Section 10130)
of Part 1 of Division 4, who acts pursuant to subdivision (b) of
Section 10131 on an unlawful detainer claim as defined in subdivision
(b) of Section 6400, and who is a party to the unlawful detainer
action.
(e) An immigration consultant, as defined in Chapter 19.5
(commencing with Section 22441) of Division 8.
(f) A person registered as a process server under Chapter
16 5.7 (commencing with Section 22350)
6460) or a person registered as a professional
photocopier under Chapter 20 (commencing with Section 22450) of
Division 8.
(g) A person who provides services relative to the preparation of
security instruments or conveyance documents as an integral part of
the provision of title or escrow service.
(h) A person who provides services that are regulated by federal
law.
(i) A person who is employed by, and provides services to, a
supervised financial institution, holding company, subsidiary, or
affiliate.
SECTION 1. SEC. 2. Chapter 5.7
(commencing with Section 6460) is added to Division 3 of the Business
and Professions Code, to read:
CHAPTER 5.7. PROCESS SERVERS
6460. (a) Any natural person who makes more than 10 services of
process within this state during one calendar year, for specific
compensation or in expectation of specific compensation, where that
compensation is directly attributable to the service of process,
shall file and maintain a verified certificate of registration as a
process server with the State Bar of California. Any corporation or
partnership that derives or expects to derive compensation from
service of process within this state shall also file and maintain a
verified certificate of registration as a process server with the
State Bar of California.
(b) This chapter shall not apply to any of the following:
(1) Any sheriff, marshal, or government employee who is acting
within the course and scope of his or her employment.
(2) An attorney or his or her employees, when serving process
related to cases for which the attorney is providing legal services.
(3) Any person who is specially appointed by a court to serve its
process.
(4) A licensed private investigator or his or her employees.
(5) A professional photocopier registered under Section 22450, or
an employee thereof, whose only service of process relates to
subpoenas for the production of records, which subpoenas specify that
the records be copied by that registered professional photocopier.
6461. (a) The certificate of registration of a registrant who is
a natural person shall contain the following:
(1) The name, age, address, and telephone number of the
registrant.
(2) A statement, signed by the registrant under penalty of
perjury, that the registrant has not been convicted of a felony, or,
if the registrant has been convicted of a felony, a copy of a
certificate of rehabilitation, expungement, or pardon.
(3) A statement that the registrant has been a resident of this
state for a period of one year immediately preceding the filing of
the certificate.
(4) A statement that the registrant will perform his or her duties
as a process server in compliance with the provisions of law
governing the service of process in this state.
(b) The certificate of registration of a registrant who is a
partnership or corporation shall contain the following:
(1) The names, ages, addresses, and telephone numbers of the
general partners or officers.
(2) A statement, signed by the general partners or officers under
penalty of perjury, that the general partners or officers have not
been convicted of a felony.
(3) A statement that the partnership or corporation has been
organized and existing continuously for a period of one year
immediately preceding the filing of the certificate or a responsible
managing employee, partner, or officer has been previously registered
under this chapter.
(4) A statement that the partnership or corporation will perform
its duties as a process server in compliance with the provisions of
law governing the service of process in this state.
(c) The State Bar of California shall retain the certificate of
registration for a period of three years following the expiration
date of the certificate, after which time the certificate may be
destroyed if it is scanned or if the conditions specified in Section
26205.1 of the Government Code are met. If the certificate is
scanned, the scanned image shall be retained for a period of 10
years, after which time that image may be destroyed and,
notwithstanding Section 26205.1 of the Government Code, no
reproduction thereof need be made or preserved.
6461.5. (a) At the time of filing an initial certificate of
registration or renewing a certificate of registration that has
lapsed, the registrant shall also submit a completed Request for Live
Scan form confirming fingerprint submission to the Department of
Justice and the Federal Bureau of Investigation, in order to verify
that the registrant has not been convicted of a felony. The State Bar
of California shall utilize the Subsequent Arrest Notification
Contract provided by the Department of Justice for notifications
subsequent to the initial certificate of registration.
(b) If, after receiving the results of the Request for Live Scan,
the State Bar of California is advised that the registrant has been
convicted of a felony, the State Bar of California is authorized to
review the criminal record and, unless the registrant is able to
produce a copy of a certificate of rehabilitation, expungement, or
pardon, as specified in paragraph (2) of subdivision (a) of Section
22351, 6461, notify the registrant that
the registration is revoked. An order to show cause for contempt may
be issued and served upon any person who fails to surrender a
registered process server identification card after a notice of
revocation.
6462. At the time of filing the initial certificate of
registration, a registrant shall pay the following fees to the State
Bar of California:
(a) A fee of one hundred dollars ($100).
(b) A fee to cover the actual costs of processing the completed
fingerprint cards when submitted with the initial certificate of
registration.
(c) A fee to cover the actual cost of issuing a registered process
server identification card.
6463. A certificate of registration shall be accompanied by a
bond of two thousand dollars ($2,000), executed by an admitted surety
insurer and conditioned upon compliance with the provisions of this
chapter and all laws governing the service of process in this state.
The total aggregate liability on the bond is limited to two thousand
dollars ($2,000). As an alternative to the bond, the registrant may
deposit with the State Bar of California, cash or a money order in
the amount of two thousand dollars ($2,000).
6464. A certificate of registration shall be effective for a
period of two years or until the date the bond expires, whichever
occurs first. Thereafter, a registrant shall file a new certificate
of registration or a renewal of the certificate of registration and
pay the fee required by Section 6462. A certificate of registration
may be renewed up to 60 days prior to its expiration date and the
effective date of the renewal shall be the date the current
registration expires. The renewal shall be effective for a period of
two years from the effective date or until the expiration date of the
bond, whichever occurs first.
6465. (a) The State Bar of California shall maintain a register
of process servers and assign a number and issue an identification
card to each process server. The State Bar of California shall issue
a temporary identification card, for no additional fee, to applicants
who are required to submit Request for Live Scan forms for
background checks to the Federal Bureau of Investigation and the
Department of Justice. This card shall be valid for 120 days. If
clearance is received from the Federal Bureau of Investigation and
the Department of Justice within 120 days, the State Bar of
California shall immediately issue a permanent identification card to
the applicant. Upon request of the applicant, the permanent
identification card shall be mailed to the applicant at his or her
address of record. Upon renewal of a certificate of registration, the
same number shall be assigned, provided there is no lapse in the
period of registration.
(b) The temporary and permanent identification cards shall be not
less than 31/4 inches by 2 inches and shall contain at the top the
title, "Registered Process Server," followed by the registrant's
name, address, registration number, and date of expiration. In the
case of a natural person, it shall also contain a photograph of the
registrant in the lower left corner. The identification card for a
partnership or corporation registration shall be issued in the name
of the partnership or corporation, and shall not contain a
photograph.
6466. A registrant shall be responsible at all times for the good
conduct of his or her employees acting within the course or scope of
their employment, and any person acting as an independent contractor
within the course or scope of the agency relationship with the
registrant.
6466.5. (a) In addition to the information required by
subdivision (b) of Section 22360,
6469.5, any proof of service of any process which is signed by
an independent contractor of a registrant under this chapter shall
indicate that the proof of service was signed as an independent
contractor of a registered process server. The proof of service shall
indicate the number assigned pursuant to Section 6465 of both the
independent contractor and the entity registered under this chapter.
(b) No registrant shall permit any individual to sign any proof of
service of any process as an independent contractor unless all of
the following conditions are met:
(1) The independent contractor is performing pursuant to a written
independent contractor agreement with the registrant.
(2) The independent contractor supplies proof of bonding under
Section 6463, if applicable.
(3) The registrant exercises minimal supervision or control over
the means of accomplishing the service of any process assigned by the
registrant. The registrant may communicate a deadline for the
service of process and request notification that such service has
been completed.
(4) The registrant imposes no restrictions on the independent
contractor's ability to perform services for others registered under
this chapter.
(5) The independent contractor supplies proof that any required
business licenses have been obtained.
(c) Persons not meeting the criteria of subdivision (b) shall be
treated as employees of the registrant while persons meeting the
criteria of subdivision (b) shall be treated as independent
contractors.
(d) This section shall not preclude an independent determination
of employment under any other provision of law.
6467. (a) Any person who recovers damages in any action or
proceeding for injuries caused by a service of process which was made
by a registrant and did not comply with the provisions of law
governing the service of process in this state may recover the amount
of the damages from the bond required by Section 6463.
(b) Whenever there has been a recovery against a bond under
subdivision (a), the registrant shall file a new bond or cash deposit
within 30 days to reinstate the bond or cash deposit to the amount
required by Section 6463. If the registrant does not file the bond
within 30 days, the certificate of registration shall be revoked and
the remainder of the bond forfeited to the State Bar of California.
6468. (a) A certificate of registration may be revoked or
suspended whenever it has been determined that the registrant has
made a service of process, including service completed by an employee
or independent contractor of the registrant, which does not comply
with the provisions of law governing the service of process in this
state or constitutes an improper service of process not amounting to
a violation of law.
(b) An investigation concerning the revocation or suspension of a
certificate of registration may be commenced at any time at the
option of the State Bar of California if the State Bar of California
deems it to be appropriate. A complaint by any person who has alleged
that he or she has been injured by a service of process shall be
investigated by the public prosecutor. State
Bar of California. The investigation shall determine if the
registrant complied with the provisions of law governing the service
of process or constituted improper service of process not amounting
to a violation of the law.
(c) If the public prosecutor State Bar of
California determines from the investigation that cause may
exist for the suspension or revocation of the certificate of
registration, he or she the State Bar of
California shall set the matter for hearing and give notice to
the registrant. That hearing shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of
the Government Code except that the decision of the administrative
law judge shall be final. For the purposes of those provisions, the
public prosecutor State Bar of
California shall be deemed to be the agency.
(d) If, after the hearing, the State Bar of California is notified
after the decision has become effective that the administrative law
judge has directed that the registrant's certificate be suspended or
revoked, the State Bar of California shall forthwith suspend or
revoke the certificate. If the certificate is revoked, the bond or
cash deposit required by Section 6463 shall be forfeited to the State
Bar of California subject to the right of a person to recover
against the bond or cash deposit under Section 6467.
6469. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor.
6469.5. Any proof of service of any process which is signed by a
registrant under this chapter shall indicate the number assigned to
the registrant by Section 6465.
6469.6. Any individual, partnership, or corporation properly
registered with a county clerk prior to the effective date of this
chapter may continue to perform services of process under the county
registration until it expires, but shall be registered with the State
Bar of California after that registration expires.
SEC. 3. Section 7522 of the Business
and Professions Code is amended to read:
7522. This chapter does not apply to:
(a) A person employed exclusively and regularly by any employer
who does not provide contract security services for other entities or
persons, in connection with the affairs of such employer only and
where there exists an employer-employee relationship if that person
at no time carries or uses any deadly weapon in the performance of
his or her duties. For purposes of this subdivision, "deadly weapon"
is defined to include any instrument or weapon of the kind commonly
known as a blackjack, slungshot, billy, sandclub, sandbag, metal
knuckles, any dirk, dagger, pistol, revolver, or any other firearm,
any knife having a blade longer than five inches, any razor with an
unguarded blade and any metal pipe or bar used or intended to be used
as a club.
(b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month.
(c) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
(d) A charitable philanthropic society or association duly
incorporated under the laws of this state which is organized and
maintained for the public good and not for private profit.
(e) An attorney at law in performing his or her duties as an
attorney at law.
(f) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
(g) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
(h) A person engaged solely in the business of securing
information about persons or property from public records.
(i) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt a peace officer
who either contracts for his or her services or the services of
others as a private investigator or contracts for his or her services
as or is employed as an armed private investigator. For purposes of
this subdivision, "armed private investigator" means an individual
who carries or uses a firearm in the course and scope of that
contract or employment.
(j) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
(k) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
( l ) Any secured creditor engaged in the repossession
of the creditor's collateral and any lessor engaged in the
repossession of leased property in which it claims an interest.
(m) The act of serving process by an individual who is registered
as a process server pursuant to Section 22350.
6460.
(n) (1) A person or business engaged in conducting objective
observations of consumer purchases of products or services in the
public environments of a business establishment by the use of a
preestablished questionnaire, provided that person or business entity
does not engage in any other activity that requires licensure
pursuant to this chapter. The questionnaire may include objective
comments.
(2) If a preestablished questionnaire is used as a basis, but not
the sole basis, for disciplining or discharging an employee, or for
conducting an interview with the employee that might result in the
employee being terminated, the employer shall provide the employee
with a copy of that questionnaire using the same procedures that an
employer is required to follow under Section 2930 of the Labor Code
for providing an employee with a copy of a shopping investigator's
report. This subdivision does not exempt from this chapter a person
or business described in paragraph (1) if a preestablished
questionnaire of that person or business is used as the sole basis
for evaluating an employee's work performance.
(o) Any joint labor-management committee established pursuant to
the federal Labor Management Cooperation Act of 1978 (Section 175a of
Title 29 of the United States Code), or its employees, where either
the committee or employee is performing a function authorized by the
Labor Management Cooperation Act of 1978, which includes, but is not
limited, to monitoring public works projects to ensure that employers
are complying with federal and state public works laws.
SEC. 2. SEC. 4. Chapter 16
(commencing with Section 22350) of Division 8 of the Business and
Professions Code is repealed.
SEC. 5. Section 22453.1 of the Business
and Professions Code is amended to read:
22453.1. Notwithstanding Section 22453, any person registered
pursuant to Chapter 16 5.7 (commencing
with Section 22350) 6460) of Division 3
of shall pay a fee of one hundred dollars ($100) instead of the fee
of one hundred seventy-five dollars ($175) otherwise required by
Section 22453.
SEC. 6. Section 413.40 of the Code of
Civil Procedure is amended to read:
413.40. Any service of summons which complies with the provisions
of this chapter shall not be rendered invalid or ineffective because
it was made by a person in violation of Chapter 16
5.7 (commencing with Section 22350)
6460) of Division 8 3
of the Business and Professions Code.
SEC. 7. Section 415.21 of the Code of
Civil Procedure is amended to read:
415.21. (a) Notwithstanding any other law, any person shall be
granted access to a gated community for a reasonable period of time
for the sole purpose of performing lawful service of process or
service of a subpoena, upon identifying to the guard the person or
persons to be served, and upon displaying a current driver's license
or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in
his or her capacity as a representative of a county sheriff or
marshal.
(2) Evidence of current registration as a process server pursuant
to Chapter 16 5.7 (commencing with
Section 22350) 6460) of Division
8 3 of the Business and Professions
Code or of licensure as a private investigator pursuant to Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code.
(b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the community.
SEC. 8. Section 417.40 of the Code of
Civil Procedure is amended to read:
417.40. Any proof of service which that
is signed by a person registered under Chapter 16
5.7 (commencing with Section 22350)
6460) of Division 8 3
of the Business and Professions Code or his employee or
independent contractor shall indicate the county in which he
is registered and the number assigned to him pursuant to
Section 22355 6465 of the Business and
Professions Code.
SEC. 9. Section 481.205 of the Code of
Civil Procedure is amended to read:
481.205. "Registered process server" means a person registered as
a process server pursuant to Chapter 16 5.7
(commencing with Section 22350) 6460)
of Division 8 3 of the Business
and Professions Code.
SEC. 10. Section 680.330 of the Code of
Civil Procedure is amended to read:
680.330. "Registered process server" means a person registered as
a process server pursuant to Chapter 16 5.7
(commencing with Section 22350) 6460)
of Division 8 3 of the Business
and Professions Code.
SEC. 11. Section 1033.5 of the Code of
Civil Procedure is amended to read:
1033.5. (a) The following items are allowable as costs under
Section 1032:
(1) Filing, motion, and jury fees.
(2) Juror food and lodging while they are kept together during
trial and after the jury retires for deliberation.
(3) Taking, video recording, and transcribing necessary
depositions including an original and one copy of those taken by the
claimant and one copy of depositions taken by the party against whom
costs are allowed, and travel expenses to attend depositions.
(4) Service of process by a public officer, registered process
server, or other means, as follows:
(A) When service is by a public officer, the recoverable cost is
the fee authorized by law at the time of service.
(B) If service is by a process server registered pursuant to
Chapter 16 5.7 (commencing with Section
22350) 6460) of Division 8
3 of the Business and Professions Code, the
recoverable cost is the amount actually incurred in effecting
service, including, but not limited to, a stakeout or other means
employed in locating the person to be served, unless those charges
are successfully challenged by a party to the action.
(C) When service is by publication, the recoverable cost is the
sum actually incurred in effecting service.
(D) When service is by a means other than that set forth in
subparagraph (A), (B), or (C), the recoverable cost is the lesser of
the sum actually incurred, or the amount allowed to a public officer
in this state for that service, except that the court may allow the
sum actually incurred in effecting service upon application pursuant
to paragraph (4) of subdivision (c).
(5) Expenses of attachment including keeper's fees.
(6) Premiums on necessary surety bonds.
(7) Ordinary witness fees pursuant to Section 68093 of the
Government Code.
(8) Fees of expert witnesses ordered by the court.
(9) Transcripts of court proceedings ordered by the court.
(10) Attorney's fees, when authorized by any of the following:
(A) Contract.
(B) Statute.
(C) Law.
(11) Court reporter fees as established by statute.
(12) Court interpreter fees for a qualified court interpreter
authorized by the court for an indigent person represented by a
qualified legal services project, as defined in Section 6213 of the
Business and Professions Code or a pro bono attorney as defined in
Section 8030.4 of the Business and Professions Code.
(13) Models and blowups of exhibits and photocopies of exhibits
may be allowed if they were reasonably helpful to aid the trier of
fact.
(14) Any other item that is required to be awarded to the
prevailing party pursuant to statute as an incident to prevailing in
the action at trial or on appeal.
(b) The following items are not allowable as costs, except when
expressly authorized by law:
(1) Fees of experts not ordered by the court.
(2) Investigation expenses in preparing the case for trial.
(3) Postage, telephone, and photocopying charges, except for
exhibits.
(4) Costs in investigation of jurors or in preparation for voir
dire.
(5) Transcripts of court proceedings not ordered by the court.
(c) Any award of costs shall be subject to the following:
(1) Costs are allowable if incurred, whether or not paid.
(2) Allowable costs shall be reasonably necessary to the conduct
of the litigation rather than merely convenient or beneficial to its
preparation.
(3) Allowable costs shall be reasonable in amount.
(4) Items not mentioned in this section and items assessed upon
application may be allowed or denied in the court's discretion.
(5) When any statute of this state refers to the award of "costs
and attorney's fees," attorney's fees are an item and component of
the costs to be awarded and are allowable as costs pursuant to
subparagraph (B) of paragraph (10) of subdivision (a). Any claim not
based upon the court's established schedule of attorney's fees for
actions on a contract shall bear the burden of proof. Attorney's fees
allowable as costs pursuant to subparagraph (B) of paragraph (10) of
subdivision (a) may be fixed as follows: (A) upon a noticed motion,
(B) at the time a statement of decision is rendered, (C) upon
application supported by affidavit made concurrently with a claim for
other costs, or (D) upon entry of default judgment. Attorney's fees
allowable as costs pursuant to subparagraph (A) or (C) of paragraph
(10) of subdivision (a) shall be fixed either upon a noticed motion
or upon entry of a default judgment, unless otherwise provided by
stipulation of the parties.
Attorney's fees awarded pursuant to Section 1717 of the Civil Code
are allowable costs under Section 1032 of this code as authorized by
subparagraph (A) of paragraph (10) of subdivision (a).
SEC. 12. Section 647 of the Evidence
Code is amended to read:
647. The return of a process server registered pursuant to
Chapter 16 5.7 (commencing with Section
22350) 6460) of Division 8
3 of the Business and Professions Code upon
process or notice establishes a presumption, affecting the burden of
producing evidence, of the facts stated in the return.
SEC. 13. Section 241 of the Penal Code
is amended to read:
241. (a) An assault is punishable by a fine not exceeding one
thousand dollars ($1,000), or by imprisonment in the county jail not
exceeding six months, or by both the fine and imprisonment.
(b) When an assault is committed against the person of a parking
control officer engaged in the performance of his or her duties, and
the person committing the offense knows or reasonably should know
that the victim is a parking control officer, the assault is
punishable by a fine not exceeding two thousand dollars ($2,000), or
by imprisonment in the county jail not exceeding six months, or by
both the fine and imprisonment.
(c) When an assault is committed against the person of a peace
officer, firefighter, emergency medical technician, mobile intensive
care paramedic, lifeguard, process server, traffic officer, code
enforcement officer, animal control officer, or search and rescue
member engaged in the performance of his or her duties, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a peace officer, firefighter, emergency medical
technician, mobile intensive care paramedic, lifeguard, process
server, traffic officer, code enforcement officer, animal control
officer, or search and rescue member engaged in the performance of
his or her duties, or a physician or nurse engaged in rendering
emergency medical care, the assault is punishable by a fine not
exceeding two thousand dollars ($2,000), or by imprisonment in a
county jail not exceeding one year, or by both the fine and
imprisonment.
(d) As used in this section, the following definitions apply:
(1) Peace officer means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) "Emergency medical technician" means a person possessing a
valid course completion certificate from a program approved by the
State Department of Health Care Services for the medical training and
education of ambulance personnel, and who meets the standards of
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(3) "Mobile intensive care paramedic" refers to those persons who
meet the standards set forth in Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(4) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
(5) "Lifeguard" means a person who is:
(A) Employed as a lifeguard by the state, a county, or a city, and
is designated by local ordinance as a public officer who has a duty
and responsibility to enforce local ordinances and misdemeanors
through the issuance of citations.
(B) Wearing distinctive clothing which includes written
identification of the person's status as a lifeguard and which
clearly identifies the employing organization.
(6) "Process server" means any person who meets the standards or
is expressly exempt from the standards set forth in Section
22350 6460 of the Business and Professions Code.
(7) "Traffic officer" means any person employed by a county or
city to monitor and enforce state laws and local ordinances relating
to parking and the operation of vehicles.
(8) "Animal control officer" means any person employed by a county
or city for purposes of enforcing animal control laws or
regulations.
(9) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or chartered, that has enforcement authority for health,
safety, and welfare requirements, and whose duties include
enforcement of any statute, rules, regulations, or standards, and who
is authorized to issue citations, or file formal complaints.
(B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the Manufactured Housing
Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of
the Health and Safety Code); the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code); and the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health and
Safety Code).
(10) "Parking control officer" means any person employed by a
city, county, or city and county, to monitor and enforce state laws
and local ordinances relating to parking.
(11) "Search and rescue member" means any person who is part of an
organized search and rescue team managed by a governmental agency.
SEC. 14. Section 602 of the Penal Code
is amended to read:
602. Except as provided in subdivision (u), subdivision (v),
subdivision (x), and Section 602.8, 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 any lot situated within
the limits of 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 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
any sign, signboard, or notice placed upon, or affixed to, any
property belonging to the state, or to any city, county, city and
county, town or village, or upon any property of any person, by the
state or by an automobile association, which sign, signboard, or
notice is intended to indicate or designate a 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 any
property of any person, without license from the owner, any notice,
advertisement, or designation of, or any name for any commodity,
whether for sale or otherwise, or any picture, sign, or device
intended to call attention to it.
(g) Entering upon any lands owned by 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 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) 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 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 any
fence on the enclosed land of another, or opening 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 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 any
lawful business or occupation carried on by the owner of the land,
the owner's 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, or
of the person in lawful possession, and
(1) Refusing or failing to leave the lands immediately upon being
requested by the owner of the land, the owner's agent or by the
person in lawful possession to leave the lands, or
(2) Tearing down, mutilating, or destroying any sign, signboard,
or notice forbidding trespass or hunting on the lands, or
(3) Removing, injuring, unlocking, or tampering with any lock on
any gate on or leading into the lands, or
(4) Discharging 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 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 shall not apply to any person described
in Section 22350 6460 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) 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 (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 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 may be
made to cover a limited period of time not to exceed 30 days and
identified by specific dates, during which there is a fire hazard or
the owner, owner's agent, or person in lawful possession is absent
from the premises or property. In addition, a single request for a
peace officer's assistance may be made for a period not to exceed six
months when the premises or property is closed to the public and
posted as being closed. However, this subdivision shall not be
applicable to persons engaged in lawful labor union activities which
are permitted to be carried out on the property by the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the
Labor Code) or by the National Labor Relations Act. For purposes of
this section, land, real property, or structures owned or operated by
any housing authority for tenants tenants,
as defined under Section 34213.5 of the Health and Safety
Code Code, constitutes property not
open to the general public; however, this subdivision 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 any law or ordinance.
(p) Entering upon any lands declared closed to 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, 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 which is closed
to the public and which has signs posted indicating the closure.
(s) Refusing or failing to leave a hotel or motel, where he or she
has obtained accommodations and has refused to pay for those
accommodations, upon request of the proprietor or 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 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 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 shall
apply without time limitation. Where the person has been convicted
of any other felony, this subdivision shall apply for no more than
five years from the date of conviction. Where the person has been
convicted of a misdemeanor, this subdivision 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 shall apply for no more than one year from the date of
conviction. This subdivision shall not apply to convictions for any
other infraction.
(u) (1) Knowingly entering, by an unauthorized person, upon 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 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) 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, 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) "Authorized personnel" means 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.
(E) "Airport" means 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 Section 171.5, or
public transit facility, as defined in 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 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 battered woman in an amount
equal to the relocation expenses of the battered woman and her
children if those expenses are incurred as a result of trespass by
the defendant at 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 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) 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 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. 15. Section 602.8 of
the Penal Code is amended to read:
602.8. (a) Any person who without the written permission of the
landowner, the owner's agent, or the person in lawful possession of
the land, willfully enters any lands under cultivation or enclosed by
fence, belonging to, or occupied by, another, or who willfully
enters 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, is guilty of a public offense.
(b) Any person convicted of a violation of subdivision (a) shall
be punished as follows:
(1) A first offense is an infraction punishable by a fine of
seventy-five dollars ($75).
(2) A second offense on the same land or any contiguous land of
the same landowner, without the permission of the landowner, the
landowner's agent, or the person in lawful possession of the land, is
an infraction punishable by a fine of two hundred fifty dollars
($250).
(3) A third or subsequent offense on the same land or any
contiguous land of the same landowner, without the permission of the
landowner, the landowner's agent, or the person in lawful possession
of the land, is a misdemeanor.
(c) Subdivision (a) shall not apply to any of the following:
(1) Any person engaged in lawful labor union activities which are
permitted to be carried out on property by the California
Alatorre-Zenovich-Dunlap-Berman Agricultural
Labor Relations Act, Act of 1975, Part
3.5 (commencing with Section 1140) of Division 2 of the Labor Code,
or by the National Labor Relations Act.
(2) Any person on the premises who is engaging in activities
protected by the California or United States Constitution.
(3) Any person described in Section 22350
6460 of the Business and Professions Code who is making a
lawful service of process.
(4) Any person licensed pursuant to Chapter 15 (commencing with
Section 8700) of Division 3 of the Business and Professions Code who
is engaged in the lawful practice of land surveying as authorized by
Section 846.5 of the Civil Code.
(d) For any infraction charged pursuant to this section, the
defendant shall have the option to forfeit bail in lieu of making a
court appearance. Notwithstanding subdivision (e) of Section 853.6,
if the offender elects to forfeit bail pursuant to this subdivision,
no further proceedings shall be had in the case.
