Wednesday, August 6, 2008

Senator Gloria Romero: Please Pull SB 331

Moving this up as there has been some changes.

Please fax a copy of this letter to Senator Romero and Speaker Bass

Read this document on Scribd: SB331pull7 2 08[1]


Anonymous said...

SB 331 was amended on 6th and the 7th. I still have issues with this bill and would like to see it pulled, but it does look like the Legislators are paying attention to our plight.

LegisWeb™ - 2007-08 Session - California Senate Bill 331
2007-08 Session - California Senate Bill 331 (SB 331) - Senator Romero - Unlawful entry: tribal land [as amended] - 24k -

Progress:  1st  2nd  3rd  Pass  1st  2nd 
amended 2008-08-06 assembly
Introduced by Senator Romero
February 16, 2007

An act to add Section 602.12 to the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately.
Legislative Counsel's Digest
SB 331, as amended, Romero. Unlawful entry: tribal land.

Existing law, subject to specified exceptions, makes it a crime for a person to enter or remain on another’s property without the consent of the owner, his or her agent, or the person in lawful possession of that property.

This bill would make it an infraction for a person to willfully enter upon Indian lands occupied by a federally recognized tribe, band, or group of which the person is not a member in specified circumstances, including where the lands are under cultivation or enclosed by a fence, are uncultivated and unenclosed but marked by signs forbidding trespass, or after receiving written notice by the tribal government occupying the land. The above provisions would apply only to Indian tribes that have authorized their application through a duly adopted tribal law, ordinance, or resolution, as specified. By creating a new infraction, 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.

This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal Committee: yes. Local Program: yes.
The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares the following:

(a) The State of California has government-to-government relationships with federally recognized Indian tribes located within the territory of the State of California. These relationships require the state to respect, and to not interfere with, the internal political affairs of these Indian tribes, including disputes concerning an individual’s membership in a tribe.

(b) The civil-regulatory laws of the State of California generally do not extend to Indian lands located within the State of California.

(c) It would serve the public interest, and the interest of some Indian tribes, to authorize the State of California and its political subdivisions to enforce the state’s trespass laws on Indian land.

SECTION 1. SEC. 2. Section 602.12 is added to the Penal Code, to read:

602.12. (a) Any person who willfully enters upon any Indian lands occupied by a federally recognized tribe, band, or group of which the person is not a member, in any of the following circumstances, is guilty of an infraction:

(1) The lands are under cultivation or enclosed by a fence.

(2) The lands are uncultivated or unenclosed and 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.

(3) After receiving written notice forbidding trespass by the tribal government occupying the land.

(b) Any person convicted of a violation of subdivision (a) shall be punished as follows:

(1) A first offense is punishable by a fine of not more than two hundred fifty dollars ($250).

(2) A second or subsequent offense is punishable by a fine of no more than five hundred dollars ($500).

(c) Subdivision (a) shall not apply to any of the following:

(1) Any person engaged in lawful labor union activities permitted to be carried out on property by the California Agricultural Labor Relations Act (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code), or by the National Labor Relations Act (29 U.S.C. Sec. 151 et seq.).

(2) Any person who is conducting activities protected by the California or United States Constitution.

(3) Any person described in Section 22350 of the Business and Professions Code who is making a lawful service of process.

(4) Any person who is a former member of the Indian tribe upon the lands of which he or she has entered.

(4) (5) 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) This section shall not preclude the enforcement of any other section of law, including Section 602.8.

(e) Subdivision (a) shall only apply to an Indian tribe that has authorized its application through a duly adopted tribal law, ordinance, or resolution, and that has provided prior written notice of this authorization to the sheriff’s office that provides service to the Indian tribe’s land.

(f) The provisions of this section are not severable. If any provision of this section or its application is held invalid, the entire section shall be of no force or effect.

SEC. 2. SEC. 3. 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.

SEC. 3. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to expeditiously address a growing public safety problem from persons trespassing on Indian lands, it is necessary that this act take effect immediately.

t'eetilawuncha! said...

Please oppose this bill.

Nothing good can come of it.

OPechanga said...

If you are a terminated/disenrolled Indian, this law was designed by the tribes to keep you OUT. If you are a rez land owner, this law is designed to steal your land from you.

wiaasal said...

If you have time send another fax. Maybe two more. It is in everyones interest that this bill be pulled.

Anonymous said...

I have it on "Good Authority" that SB 331 is unofficially dead. Barona Pulled their support of the Bill after the amendments were added. Stay tuned for more info to come. The CA state legislator is wrapping up the year. I believe there is only 1 or 2 weeks left of this session. It will be "Officially dead when the session ends.