(a)A court sentencing a defendant for any violation described in subdivision (b) shall consider issuing an order restraining the defendant from entering the premises of the retail establishment, that may be valid for up to two years, as determined by the court.
(b)Subdivision (a) shall apply to a person convicted of any of the following offenses:
(1)Shoplifting in violation of Section 459.5.
(2)Any theft, including a violation of Section 487 or 488, from a retail establishment.
(3)Organized retail theft in violation of Section 490.4.
(4)Any vandalism of a retail establishment in violation of Section 594.
(5)Any assault or battery of an employee of a retail establishment while that person is working at the retail establishment, including a violation of Section 240, 242, or 245.
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(a)
A court sentencing a defendant for any violation described in subdivision (b) shall consider issuing an order restraining the defendant from entering the premises of the retail establishment, that may be valid for up to two years, as determined by the court.
(b)
Subdivision (a) shall apply to a person convicted of any of the following offenses:
(1)
Shoplifting in violation of Section 459.5.
(2)
Any theft, including a violation of Section 487 or 488, from a retail establishment.
(3)
Organized retail theft in violation of Section 490.4.
(4)
Any vandalism of a retail establishment in violation of Section 594.
(5)
Any assault or battery of an employee of a retail establishment while that person is working at the retail establishment, including a violation of Section 240, 242, or 245.
(c)
(1)
An order issued pursuant to subdivision (a) shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to and used to service, the retail establishment.
(2)
If the retail establishment is part of a chain or franchise, the court may include
other retail establishments in that chain or franchise within a specified geographic range in the order.
(d)
In determining whether to impose a retail crime restraining
order pursuant to subdivision (a) or (e), the court shall consider whether the retail establishment is the only place that sells food, pharmaceuticals, or other basic life necessities within one mile of where the individual resides, or otherwise creates undue hardship for the individual.
(e)
(1)
A prosecuting attorney, city attorney, county counsel, or attorney representing a retail establishment may file a petition requesting a retail crime restraining order for an individual who has been arrested, including, but not limited to, the issuance of a citation in lieu of a custodial arrest pursuant to Section 853.6, two or more times for any of the offenses listed in subdivision (b) within the same retail establishment.
(2)
An order issued
pursuant to this subdivision shall be issued after a hearing.
(3)
The respondent shall be personally served with notice of the hearing and shall be entitled to representation by court-appointed counsel.
(4)
The petitioner shall bear the burden of proving, by a preponderance of the evidence, that the respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof.
(5)
The court may issue an order restraining the respondent from entering the premises of the retail establishment for a period not to exceed two years if the court finds by a preponderance of the evidence that both of the following are true:
(A)
The respondent, on two or more separate occasions, committed an offense described in subdivision (b) within the retail establishment or on the grounds thereof.
(B)
There is a substantial likelihood that the individual will return to the retail establishment.
(6)
(A)
An order issued pursuant to this subdivision shall prohibit the restrained person from entering the retail establishment, or being present on the grounds of, or any parking lot adjacent to and used to service, the retail establishment.
(B)
If the retail establishment is part of a chain or franchise, the court may include other retail establishments in that chain or franchise
within a specified geographic range in the order.
(f)
A violation of an order issued pursuant to this section is punishable as a misdemeanor. Declarative of existing law, prosecution under this section shall not preclude prosecution for any other offenses committed during a violation of this section.
(g)
Notwithstanding Section 853.6, an officer arresting a person for a violation of this section is not required to release the person pursuant to a written notice to appear.
(h)
Declarative of existing law, a court may offer an individual charged with a violation of this section an opportunity to participate in a diversion program for which they are eligible, including those described in Title 6 (commencing with Section 976) of Part
2.
(i)
If a person subject to a retail crime restraining order issued pursuant to this section was not present in court at the time the order was issued or renewed, the retail crime restraining order shall be personally served on the restrained person by a law enforcement officer, or by a person as provided in Section 414.10 of the Code of Civil Procedure.
(j)
The Judicial Council may prescribe the form of the petitions and orders and any other documents, and may promulgate any rules of court, necessary to implement this section.