Assembly BillFailedPenal
AB 1097: Trespass.
What AB 1097 does, verified February 3, 2026
The bill aims to amend the penal code to strengthen trespass laws. It would make entering Indian lands with a sign forbidding trespass a misdemeanor, similar to existing laws on private property. Additionally, it would clarify that entering Indian lands to injure property or interfere with a lawful business is also a misdemeanor. The bill would also create new offenses for reentering private property or Indian lands after being requested to leave, and for failing to leave after being ordered to do so by a tribal police officer. The bill would allow tribes to enter into agreements with law enforcement agencies to enforce these orders.
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Last action: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. (2026-02-02)Alert me
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| Feb. 02, 2026 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan. 31, 2026 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Apr. 29, 2025 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Apr. 22, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar. 18, 2025 | Re-referred to Com. on PUB. S. |
Latest bill textAmended version, March 17, 2025 · 1,790 words
| Amended IN Assembly March 17, 2025 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1097
| Introduced by Assembly Member Ávila Farías |
February 20, 2025 |
An act to amend Section 602 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1097, as amended, Ávila Farías. Trespass.
Existing law makes it a misdemeanor to commit a trespass by engaging in specified acts, including entering upon lands or buildings owned by another person where signs forbidding trespass are displayed where animals are being raised, as specified, or upon lands for the purpose of injuring property or property rights or with the intention of interfering with a lawful business, as specified. Existing federal law, commonly known as Public Law 280, authorizes the state to exercise jurisdiction over offenses committed by or against Indians in the areas of Indian country within the state, and gives state criminal laws the same force and effect within Indian country as they have elsewhere in the state.
This bill would additionally make it a misdemeanor to commit a trespass by entering Indian lands, as defined, where signs forbidding trespass are displayed where animals are being raised, as specified, and would clarify that it is a misdemeanor to commit a trespass by entering Indian lands for the purpose of injuring property or property rights or with the intention of interfering with a lawful business, as specified.
Existing law makes it a misdemeanor to commit a trespass by entering private property after having been informed by a peace officer that the property is not open to the person who was informed, or refusing or failing to leave upon being asked to leave, as specified, if the person has been convicted of a crime committed upon that property.
This bill would make it a misdemeanor to commit a trespass by entering Indian lands in the circumstances described above. The bill would, in the case of Indian lands, include trespass warnings or orders given by a tribal police officer. The bill would also make it a misdemeanor to commit a trespass by reentering private property or Indian lands, as specified, within 48 hours after having been requested by the owner, operator, or agent of the premises to leave the premises, or, in the case of Indian lands, after receiving an order of exclusion from a tribal government, as specified, if the person has been convicted of a crime committed upon that property. The bill would authorize a tribe to enter into an agreement with a law enforcement agency to enforce an order of exclusion, as specified.
Because the bill would create a new crime and expand the scope of existing crimes, it would impose a state-mandated local program.
The bill would make other technical, nonsubstantive changes.
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.
Existing law makes it a crime to refuse or fail 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 or the owner, as specified.
This bill would state that it is the intent of the Legislature to enact legislation to address trespassing on private property, as specified.
The people of the State of California do enact as follows:
SECTION 1.
Section 602 of the Penal Code is amended to read:602.
Except as provided in subdivisions (u), (v), and (x), and Section 602.8, a 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 a lot situated within the limits of an 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 a 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 a sign, signboard, or notice placed upon, or affixed to, a property belonging to the state, or to a city, county, city and county, town, or village, or upon the property of a 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 the property of a person, without license from the owner, a notice, advertisement, or designation of, or a name for a commodity, whether for sale or otherwise, or a picture, sign, or device intended to call attention to it.
(g) (1) Entering upon lands owned by another person whereon on which oysters or other shellfish are planted or growing; or injuring, gathering, growing.
(2) Injuring, gathering,
or carrying away oysters or other shellfish planted, growing, or on any of(3) 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(h) (1) (A) Entering upon lands or buildings owned by another person without the license of the owner or legal occupant, or upon Indian lands, as defined in subdivision (t), where signs forbidding trespass are displayed, and whereon displayed if cattle, goats, pigs, sheep, fowl, or any other animal is being raised, bred, fed, or held on those lands for the purpose of food for human consumption; or injuring, gathering, consumption.
(B) Injuring, gathering,
or carrying away any animal being housed on any of(C) 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(2) In order for there to be a violation of this subdivision, the trespass signs under paragraph (1) shall 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 does not preclude prosecution or punishment under any other 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 a fence on the enclosed land of another, or opening a 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 a sign, signboard, or other notice forbidding shooting on private property.
(j) Building fires upon 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 lands, including Indian lands, as defined in subdivision (t), whether unenclosed or enclosed by fence, for the purpose of injuring property or property rights or with the intention of interfering with, obstructing, or injuring a lawful business or occupation carried on by the owner of the land, the owner’s agent, or the person in lawful possession.
(l) Entering 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 the person in lawful possession, and any of the following:
(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.
(2) Tearing down, mutilating, or destroying a sign, signboard, or notice forbidding trespass or hunting on the lands.
(3) Removing, injuring, unlocking, or tampering with a lock on a gate on or leading into the lands.
(4) Discharging a 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 a 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 does not apply to a person described in Section 22350 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) (1) 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 either of the following:
(A) 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(B) The owner,
the owner’s agent, or the person in lawful possession.Text of AB 1097 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions