Bill Text: CA SB492 | 2009-2010 | Regular Session | Chaptered

California Senate Bill 492 (Prior Session Legislation)

Bill Title: Loitering: criminal street gangs.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 592, Statutes of 2009. [SB492 Detail]

Download: California-2009-SB492-Chaptered.html

BILL NUMBER: SB 492	CHAPTERED
	BILL TEXT

	CHAPTER  592
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 8, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2009
	AMENDED IN ASSEMBLY  JULY 14, 2009
	AMENDED IN SENATE  APRIL 23, 2009
	AMENDED IN SENATE  APRIL 1, 2009

INTRODUCED BY   Senator Maldonado
   (Coauthors: Senators Ashburn, Cogdill, Cox, and Runner)
   (Coauthor: Assembly Member Jeffries)

                        FEBRUARY 26, 2009

   An act to amend Section 653b of the Penal Code, relating to
loitering.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 492, Maldonado. Loitering: criminal street gangs.
   Under existing law, it is a misdemeanor for any person to loiter
after being asked to leave, as specified, about any school or public
place at or near which children attend or normally congregate.
Existing law establishes enhanced misdemeanor penalties, including
minimum penalties, for this crime if the person is required to
register as a sex offender.
   This bill would provide enhanced penalties for this crime if the
person is required to register with the chief of police or sheriff
for committing any of specified criminal street gang offenses.
Because the bill would increase the penalties for an existing crime,
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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 653b of the Penal Code is amended to read:
   653b.  (a) Except as provided in subdivision (b) or (c), every
person who loiters about any school or public place at or near which
children attend or normally congregate and who remains at any school
or public place at or near which children attend or normally
congregate, or who reenters or comes upon a school or place within 72
hours, after being asked to leave by the chief administrative
official of that school or, in the absence of the chief
administrative official, the person acting as the chief
administrative official, or by a member of the security patrol of the
school district who has been given authorization, in writing, by the
chief administrative official of that school to act as his or her
agent in performing this duty, or a city police officer, or sheriff
or deputy sheriff, or Department of the California Highway Patrol
peace officer is a vagrant, and is punishable by a fine of not
exceeding one thousand dollars ($1,000) or by imprisonment in a
county jail for a period not exceeding six months, or by both that
fine and imprisonment.
   (b) Every person required to register as a sex offender who
violates subdivision (a) shall be punished as follows:
   (1) Upon a first conviction, by a fine not exceeding two thousand
dollars ($2,000), by imprisonment in a county jail for a period of
not more than six months, or by both that fine and imprisonment.
   (2) If the defendant has been previously convicted once of a
violation of this section or former Section 653g, by imprisonment in
a county jail for a period of not less than 10 days or more than six
months, or by both imprisonment and a fine of not exceeding two
thousand dollars ($2,000), and shall not be released on probation,
parole, or any other basis until he or she has served at least 10
days.
   (3) If the defendant has been previously convicted two or more
times of a violation of this section or former Section 653g, by
imprisonment in a county jail for a period of not less than 90 days
or more than six months, or by both imprisonment and a fine of not
exceeding two thousand dollars ($2,000), and shall not be released on
probation, parole, or any other basis until he or she has served at
least 90 days.
   (c) Any person required to register with the chief of police or
sheriff pursuant to Section 186.30 who violates subdivision (a) shall
be punished as follows:
   (1) Upon first conviction, by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in a county jail for a period of
not more than one year, or by both that fine and imprisonment.
   (2) Upon a second conviction, by a fine not exceeding two thousand
dollars ($2,000), by imprisonment in a county jail for a period of
not more than one year, or by both that fine and imprisonment. The
court shall consider a period of imprisonment of at least 10 days.
   (3) If the defendant has been previously convicted two or more
times, by a fine not exceeding two thousand dollars ($2,000), by
imprisonment in a county jail for a period of not more than one year,
or by both that fine and imprisonment. The court shall consider a
period of imprisonment of at least 90 days.
   (d) As used in this section, "loiter" means to delay, to linger,
or to idle about a school or public place without lawful business for
being present.
   (e) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.