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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

BILL NUMBER: SB 492	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        FEBRUARY 26, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 492, as introduced, Maldonado. Loitering: registered 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 for this
crime if the person is required to register as a sex offender.
   This bill would also apply these enhanced penalties for that crime
if the person has ever been required to register for criminal street
gang activity. The bill would specify that the minimum penalties in
these enhanced penalties shall not be applied if they would prevent
an offender from attending school if that offender is enrolled in
school and is subject to these enhanced penalties only because he or
she has been required to register for criminal street gang activity,
as specified. Because the bill would increase the penalties of 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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), 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 the county jail for not exceeding six months,
or by both the fine and the imprisonment.
   (b) Every person required to register as a sex offender  or
who has ever been required to register for criminal street gang
activity pursuant to Section 186.30 of the Penal Code  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. 
   (4) Notwithstanding any other provision in this subdivision, the
minimum penalties in this subdivision shall not be applied if they
would prevent any person who has been required to register for
criminal street gang activity and who is enrolled in school from
attending school if this subdivision only applies to that person
because that person has been required to register for criminal street
gang activity. 
   (c) 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.
   (d) 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.