Defenses. (a) A person commits a violation if he loiters or prowls in a place, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. A person commits a violation if he loiters or prowls in or in close proximity to a school bus stop, at a time, or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. (b) Unless flight by the person or other circumstances makes it impracticable, a peace officer shall prior to any arrest
for an offense under this Section afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. (c) No person shall be convicted of an offense under this Section if the peace officer did not comply with Subsection (b) or if it appears at trial that the explanation given by the person was true and, if believed by the peace officer at the time would have dispelled the alarm. SOURCE: G.P.C. §§ 367, 647(3), (4), (6), § 467a; *M.P.C. § 250.6; Cal. § 1230 (1971); N.J. § 2C:33-7. Amended by P.L. 29-055 (Mar. 19, 2008). CROSS-REFERENCES: Chapter 30, Cr. Proc., Code - AStop & Frisk Act@ Chapter 20, Cr. Proc. Code - "Arrest" COMMENT: Section 61.30 penalizes what may be called Aalarming loitering@. In contrast with Penal Code § 647, this Section does not create a crime of status based upon past behavior. Ample room is allowed for police discretion in arresting persons suspected of having committed or being about to commit an offense; on the other hand, it guards against unreasonable arrest and search by requiring a request for identification and explanation before the police may arrest.