Trespass.

2025-2026 Regular Session

Expands trespass to cover certain acts on Indian lands, recognizes tribal warnings as enforceable, and allows tribal orders of exclusion to be enforced with law enforcement.

In committee: Set, second hearing. Hearing canceled at the request of author.

#trespass

Summary — main purpose

AB 1097 amends Penal Code section 602 to expand California’s trespass statute to explicitly cover certain conduct on "Indian lands" and to incorporate tribal warnings, orders of exclusion, and limited reentry prohibitions. The bill is intended to align trespass enforcement on tribal lands with parallel provisions that apply to private property and to provide tribes an express mechanism to have exclusion orders enforced through agreements with law enforcement.

Key provisions and changes

Expands Section 602 to make it a misdemeanor to commit specified trespass acts on Indian lands (as defined in the bill, referencing subdivision (t)), including:

Entering lands or buildings where signs forbidding trespass are displayed and animals are being raised, bred, fed, or held for human consumption.
Entering Indian lands for the purpose of injuring property or property rights or with the intent to interfere with a lawful business (clarification of existing language).

Recognizes trespass warnings/orders issued by tribal police officers as equivalent to those given by state/local peace officers for purposes of enforcing Section 602.

Creates a misdemeanor offense for reentering private property or Indian lands (as specified) within 48 hours after:

Having been requested to leave by the owner, operator, or agent; or
In the case of Indian lands, after receiving an order of exclusion from a tribal government — if the person has a prior conviction for a crime committed on that property.

Authorizes a tribe to enter into an agreement with a (state/local) law enforcement agency to enforce a tribal order of exclusion.

Technical and nonsubstantive edits are also made to the statutory text.

Who is affected

Tribal governments and Indian lands within California (noting Public Law 280 context, under which state criminal law applies in some tribal areas).

Tribal police and local/state law enforcement (through recognition of tribal warnings and potential enforcement agreements).

Visitors, trespassers, and persons previously convicted of crimes on private or Indian property (subject to the 48‑hour reentry prohibition).

Local prosecutors, courts, and local agencies (the bill creates or expands misdemeanor offenses).

Procedural status & timeline

Introduced: February 20, 2025.

Referred and re‑referred to Assembly Public Safety Committee (actions on 3/17 and 3/18/2025). Amendments were filed and the bill was read a second time on 3/17/2025.

Committee hearings were set (first and second hearings) but canceled at the author’s request on 4/22/2025 and 4/29/2025. Current status: In committee; set for second hearing (hearing canceled as noted).

Fiscal and legal notes

Because the bill creates a new crime and expands the scope of existing crimes, it is characterized as imposing a state‑mandated local program.

The bill includes language stating no state reimbursement is required under specified provisions (per the State Constitution’s mandate reimbursement rules).

The bill operates against the backdrop of federal Public Law 280, which affects state jurisdiction in certain Indian country; AB 1097 explicitly addresses trespass enforcement mechanics on Indian lands.

Bill