Bill Text: CA AB319 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local agencies: domestic violence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-18 - Chaptered by Secretary of State - Chapter 138, Statutes of 2014. [AB319 Detail]

Download: California-2013-AB319-Amended.html

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BILL NUMBER: AB 319	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 9, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 12, 2013

   An act to add  Section 53121 to   Article 10
(commencing with Section 53165) to Chapter 1 of Part 1 of Division 2
of Title 5 of  the Government Code, relating to 
emergency telephone systems   local agencies .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 319, as amended, Campos.  Emergency telephone systems:
  Local agencies:  domestic violence. 
   Existing law specifies the powers and duties common to cities,
counties, and other public agencies. Existing law defines domestic
violence, sexual assault, stalking, human trafficking, and abuse of
an elder or dependent adult.  
   This bill would prohibit a local agency from requiring a landlord
to terminate a tenancy or fail to renew a tenancy based upon an act
against a tenant or a tenant's household member that constitutes
domestic violence, sexual assault, stalking, human trafficking, and
abuse of an elder or dependent adult or based upon the number of
calls made by a person to the emergency telephone system relating to
the tenant or a member of the tenant's household being a victim of an
act constituting domestic violence, sexual assault, stalking, human
trafficking, and abuse of an elder or dependent adult.  

   Existing law, the Warren-911-Emergency Assistance Act, requires
every local public agency within its respective jurisdiction to
establish and have in operation a basic emergency telephone system,
as provided, or to be part of such a system.  
   This bill would prohibit a local or state public agency from
imposing a limit or a penalty for a person using an emergency
telephone system to report domestic violence, as defined. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 10 (commencing with Section
53165) is added to Chapter 1 of Part 1 of Division 2 of Title 5 of
the   Government Code   , to read:  

      Article 10.  Prohibition on Requiring Landlords to Terminate A
Tenancy


   53165.  (a) A local agency shall not require a landlord to
terminate a tenancy or fail to renew a tenancy based upon an act or
acts against a tenant or a tenant's household member that constitute
domestic violence as defined in Section 6211 of the Family Code,
sexual assault as defined in Section 1219 of the Code of Civil
Procedure, stalking as defined in Section 1708.7 or Section 646.9 of
the Penal Code, human trafficking as defined in Section 236.1 of the
Penal Code, or abuse of an elder or a dependent adult as defined in
Section 15610.07 of the Welfare and Institutions Code, provided that
the requirements of subdivision (a) of Section 1161.3 of the Code of
Civil Procedure are met.
   (b) A local agency shall not require a landlord to terminate a
tenancy or fail to renew a tenancy based upon the number of calls
made by any person to the emergency telephone system relating to the
tenant or a member of the tenant's household being a victim of an act
or acts that constitute domestic violence as defined in Section 6211
of the Family Code, sexual assault as defined in Section 1219 of the
Code of Civil Procedure, stalking as defined in Section 1708.7 or
Section 646.9 of the Penal Code, human trafficking as defined in
Section 236.1 of the Penal Code, or abuse of an elder or a dependent
adult as defined in Section 15610.07 of the Welfare and Institutions
Code, provided that the requirements of subdivision (a) of Section
1161.3 of the Code of Civil Procedure are met.
   (c) For the purposes of this section, "tenant" means tenant,
subtenant, lessee, or sublessee.  
  SECTION 1.    Section 53121 is added to the
Government Code, to read:
   53121.  (a) A public agency shall not limit the number of calls a
person may make to an emergency telephone system for reporting
domestic violence. A public agency shall not charge a penalty to a
person for making a call to report domestic violence.
   (b) As used in this section, "domestic violence" means domestic
violence, as defined in Section 6211 of the Family Code.