SB 1749

Present law defines aggravated burglary as burglary of a habitation. This bill adds that a person who c ommits an aggravated criminal trespass in a habitation, and during such trespass encounters the property owner using or displaying a firearm in self-defense, also commits aggravated burglary. Aggravated burglary, under either circumstance, is a Class C felony, which is punishable by a term of imprisonment of no less than three years nor more than 15 years and potentially a fine not to exceed $10,000 . CRIMINAL TRESPASS Present law defines criminal trespass as a person who enters or remains on property, or any portion of property, without the consent of the owner. Criminal trespass is classified as a Class C misdemeanor, which is punishable by a term of imprisonment of no greater than 30 days , a fine not to exceed $50, or both . This bill raises the classification of criminal trespass to a Class C felony. AGGRAVATED CRIMINAL TRESPASS Present law defines aggravated criminal trespass as a person who enters or remains on property when the person knows the person does not have the property owner's effective consent to do so , and meets any of the following criteria:  The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another .  The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property .  The person, while on the property, recklessly damages the property or personal property thereon. Present law generally classifies aggravated criminal trespass as a Class B misdemeanor. However, if the a ggravated criminal trespass was committed in a habitation ; in a building of any hospital ; on state property ; or on the campus, property, or facilities of any private or public school , the classification is raised to a Class A misdemeanor. The offense is further raised to a Class E felony when committed o n residential property belonging to or occupied by a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official , and w ith intent to harass such person due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official. Present law also defines aggravated criminal trespass as occurring under specific scenarios with regard to railroad property and construction sites. This bill removes all of the provisions described in this paragraph, and simply classifies aggravated c riminal trespass as defined in the first paragraph as a Class C felony. TRESPASS BY MOTOR VEHICLE Present law defines trespass by motor vehicle as a person who drives, parks, stands, or otherwise operates a motor vehicle on, through or within a parking area, driving area or roadway located on privately owned property that is provided for use by patrons, customers or employees of business establishments upon that property, or adjoining property or for use otherwise in connection with activities conducted upon that property, or adjoining property, after the person has been requested or ordered to leave the property or to cease doing any of the foregoing actions . Such offense is classified as a Class C misdemeanor with no incarceration permitted. This bill raises the offense to a Class C felony, punishable only by fine. APPLICABILITY This bill applies to acts occurring on or after July 1, 2026.