Bill Text: CA SB666 | 2015-2016 | Regular Session | Amended

---

Bill Title: Felons: coming upon prison property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB666 Detail]

Download: California-2015-SB666-Amended.html

---

BILL NUMBER: SB 666	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2015

INTRODUCED BY   Senator Stone

                        FEBRUARY 27, 2015

   An act to amend Section 4571 of the Penal Code, relating to
felons.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 666, as amended, Stone. Felons: coming upon prison property.
   Existing law makes it a felony for a person who was previously
convicted of a felony and confined in the state prison to come upon
the grounds of a prison, prison camp, prison farm, jail, or other
place where prisoners are located under the custody of prison
officials, or lands belonging or adjacent thereto, without the
consent of the warden or other officer in charge.
   This bill would  require that the person know or should know
that he or she is required to obtain consent in order to be guilty of
the above felony, and would  expand the application of the
 above felony   crime  to a person who was
previously convicted of a felony under the laws of the United States
or any other state and who was confined in a federal prison or a
prison of another state. The bill would also expand application of
the crime to a person who was convicted of a felony and confined in a
county jail. By expanding the application of a crime, this 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 4571 of the Penal Code is amended to read:
   4571.   (a)    Every person who, having been
previously convicted of a felony under the laws of the United States,
the State of California, or any other state, and confined in the
state prison, a prison of any other state, a federal prison, or a
county jail pursuant to subdivision (h) of Section 1170, without the
consent of the warden or other officer in charge of the state prison
or prison road camp, or prison forestry camp, or other prison camp or
prison farm or any other place where prisoners of the state prison
are located under the custody of prison officials, officers or
employees, or a jail or a county road camp in this state,  and
who knows or should know that he or she is required to obtain
consent,  comes upon the grounds of any of those institutions,
or lands belonging or adjacent thereto, is guilty of a felony. 
   (b) For purposes of this section, a person was confined in a
county jail pursuant to subdivision (h) of Section 1170 if he or she
served an executed felony sentence pursuant to paragraph (1), (2), or
(5) of subdivision (h) of Section 1170. 
  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.