Bill Text: CA AB5 | 2013-2014 | Regular Session | Amended
Bill Title: Homelessness.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB5 Detail]
Download: California-2013-AB5-Amended.html
BILL NUMBER: AB 5 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2013
AMENDED IN ASSEMBLY APRIL 8, 2013
INTRODUCED BY Assembly Member Ammiano
DECEMBER 3, 2012
An act to add Part 2.2 (commencing with Section 53.1) to Division
1 of the Civil Code, and to amend Section 11135 of the Government
Code, relating to homelessness.
LEGISLATIVE COUNSEL'S DIGEST
AB 5, as amended, Ammiano. Homelessness.
Existing law provides that no person in the state shall, on the
basis of race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, genetic information,
or disability, be unlawfully denied full and equal access to the
benefits of, or be unlawfully subjected to discrimination under, any
program or activity that is conducted, operated, or administered by
the state or by any state agency, is funded directly by the state, or
receives any financial assistance from the state.
This bill would enact the Homeless Person's Bill of Rights and
Fairness Act, which would provide that no person's rights,
privileges, or access to public services may be denied or abridged
because he or she is homeless, has a low income, or suffers
from a mental illness or physical disability homeless
. The bill would provide that every person in the
state, regardless of actual or perceived housing status, low income,
sexual orientation, gender identity, citizenship, or immigration
status, shall be free from specified forms of discrimination and
shall be entitled to certain basic human rights, including the right
to be free from discrimination by law enforcement, in the workplace,
and while seeking services. The bill would provide that
every homeless person has the right , among others,
to access public property, possess personal property,
access public restrooms, clean water, educational supplies
move freely, rest, eat, share, accept, or give food or water,
and solicit donations in public spaces, as defined, and the right to
lawful self-employment , as specified, emergency and
nonemergency health care, confidentiality of
medical specified records, assistance of legal
counsel in specified proceedings, and restitution, under specified
circumstances. By requiring a county to pay the cost of
providing legal counsel, as specified, the bill would increase the
duties of local agencies, thereby imposing a state-mandated local
program. The bill would provide immunity from employer
retaliation, retaliation to a public employee
who provides specified assistance to a homeless person.
The bill would require local law enforcement agencies to make
specified information available to the public and report to the
Attorney General on an annual basis with regard to enforcement of
local ordinances against homeless persons and compliance with the
act, as specified, thereby imposing a state-mandated local program.
The bill would provide for judicial relief and impose civil penalties
for a violation of the act.
This bill would require the State Department of Public Health to
fund the provision of health and hygiene centers, as specified, for
use by homeless persons in designated areas.
This bill would provide that its provisions address a matter of
statewide concern. The bill would provide that its provisions are
severable.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the
Homeless Person's Bill of Rights and Fairness Act.
SEC. 2. The Legislature finds and declares all of the following:
(a) In the State of California, there has been a long history of
discriminatory laws and ordinances that have disproportionately
affected people with low incomes and who are without homes,
including, but not limited to, all of the following:
(1) Jim Crow laws: After the Civil War, many states, especially in
the south, passed laws denying African Americans basic human rights.
In California, these laws also targeted Chinese immigrants. In San
Francisco, Chinese residents were forced to live in one area of the
city. The same segregation laws also prohibited interracial marriage
between Chinese and non-Chinese persons.
(2) Ugly laws: In 1867, San Francisco was the first city in the
country to pass a law making it illegal for people with "unsightly or
disgusting" disabilities to appear in public. In many cities, these
laws persisted until the 1970s.
(3) Anti-Okie laws: In 1937, California passed an Anti-Okie law
that criminalized "bringing or assisting in bringing" extremely poor
people into the state. The United States Supreme Court struck down
the law in 1941, when it declared that these laws are in violation of
the commerce clause, and therefore unconstitutional.
(4) Sundown town ordinances: Town policies and real estate
covenants were aimed at preventing minorities, homeless persons, and
other persons considered to be socially undesirable from remaining
within city limits after sunset. Thousands of these towns existed
prior to the federal Civil Rights Act of 1968, which made these
ordinances and covenants illegal.
(5) Vagrancy laws: Vagrancy laws have been held to be
discriminatory on their face because they criminalize a person's
status rather than a behavior. Nevertheless, these laws existed in
California until the Legislature revised them in 1961.
(b) Act of living ordinances, often known as "quality of life
ordinances" and other similar ordinances, are the modern
reincarnations of laws of this kind. They are designed to force
homeless people to flee local jurisdictions. These local ordinances
result in de facto segregation as homeless people are forced out of
specific jurisdictions or out of specific neighborhoods within
jurisdictions. These practices tend to condemn large groups of
inhabitants to dwell in segregated districts or under depressed
living conditions that result in crowded, unsanitary, substandard,
and unhealthful accommodations. Furthermore, these policies result in
criminalization of homeless persons who do not choose, or are
unable, to migrate.
(c) Today, in the state, many people are denied the following:
(1) Housing due to their status of being homeless, living in a
shelter, a vehicle, the street, or the public domain.
(2) Employment due to their current status of being homeless or
living in a shelter or a vehicle on the street.
(3) Housing and employment as a result of not having a fixed or
residential mailing address or having a post office box as a mailing
address.
(4) Equal protection of the laws and due process by law
enforcement and prosecuting agencies.
(5) The ability to make certain purchases or enter certain
contests as a result of not having a fixed or residential mailing
address or having a post office box as a mailing address.
(6) Access to safe, clean restrooms, water, and hygienic supplies
necessary to maintain health, safety, and dignity, especially with
the proliferation of closures of public restrooms.
(d) Homeless persons are unfairly targeted by law enforcement,
often resulting in the violation of homeless persons' constitutional
rights. Lacking the resources necessary to obtain adequate legal
representation, homeless persons are often denied relief or damages
through the courts.
(e) Homeless persons rarely have access to shelters, and when
shelter is available, its conditions can be so poor as to jeopardize
their health and physical and mental safety.
(f) Homeless persons are often forced to separate from loved ones,
give up their personal property, abandon pets, and make other
inhumane choices in order to access even minimal shelter.
(g) Lesbian, gay, bisexual, transgender, gender nonconforming, and
queer individuals often are forced to accept inappropriate or unsafe
accommodations to access publicly funded emergency shelters.
(h) Children in homeless families are denied the ability to
continue receiving education in their preferred school if their
family's shelter lies outside the boundaries of their former
district.
(i) At the present time, many persons have been rendered homeless
as a result of a deep and prolonged economic recession, a severe
shortage of safe and affordable housing, a failed mental health
system, and a shrinking social safety net.
(j) Section 1 of Article I of the California Constitution provides
that " a]ll people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy."
(k) Subdivision (a) of Section 7 of Article I of the California
Constitution provides, in part, that "a] person may not be deprived
of life, liberty, or property without due process of law or denied
equal protection of the laws... ."
(l) Concordant with this fundamental belief, a person should not
be subject to discrimination based on his or her housing status,
income level, mental or physical disability, sexual orientation,
gender identity, citizenship, or immigration status. Therefore, it is
the intent of the Legislature in enacting this act to protect the
rights of all Californians, regardless of their housing status, and
to ameliorate the adverse effects of homelessness on people who
have no home and on our communities.
(m) It is the intent of the Legislature to enact legislation that
would require all state agencies to use the same definition for
"homeless persons or people" as follows:
(1) "Homeless" means those individuals or families who lack or are
perceived to lack a fixed, regular, and adequate nighttime
residence, or who have a primary nighttime residence in a shelter, on
the street, in a vehicle, in an enclosure or structure that is not
authorized or fit for human habitation.
(2) "Homeless" also means a person whose only residence is a
residential hotel or who is residing anywhere without tenancy rights,
and families with children staying in a residential hotel whether or
not they have tenancy rights.
(n) It is the intent of the Legislature that publicly funded
social and health care services be offered in a sufficient quantity
to meet the population's needs, without barriers, including
geographical barriers, such as making locations inconvenient or
creating screen-out barriers, or prohibiting access due to a person's
inability to provide identification or criminal justice history, or
disability, in order that persons are reasonably able to reach and
use that service.
SEC. 3. (a) It is the intent of the Legislature
to enact legislation that would, except when otherwise not permitted
by federal law, ensure that everyone in the state has the right to
all of the following:
(1) Access to income sufficient for survival, regardless of
employment status or criminal justice background, including, but not
limited to, the right to receive funds through public welfare
programs, private donations, collecting recyclable goods, or
soliciting donations in public spaces.
(2) Safe, decent, permanent, and affordable housing, as soon as
possible, and the right to be free from further dislocation, unless
and until safe, decent, permanent, and affordable housing is
available.
(3) Access to clean and safe facilities 24 hours a day, seven days
a week, with clearly identifiable staff able to react to safety
concerns, including, but not limited to, shelters and drop-in centers
that meet basic health, hygiene, and dignity needs, including any
special needs of lesbian, gay, bisexual, or transgender individuals,
youths, families, or those with mental illness or physical
disabilities. This includes the right of all individuals to secure
shelter without being required to state their gender or to share
confidential health information protected by the federal Health
Insurance Portability and Accountability Act of 1996 (Public Law
104-191).
(4) As a child enrolled in a publicly funded school, be provided
by his or her school with the supplies necessary to promote academic
success, including, but not limited to, backpacks, textbooks,
notebooks, pencils, pens, and appropriate academic technology.
(5) Nonemergency health care and access to medical facilities that
provide quality care for both physical and mental needs.
(6) Access to emergency services, including, but not limited to,
emergency rooms at hospitals, shelters, drop-in centers,
rehabilitation centers, education, and special training, without the
possibility of being denied based on race, color, sex, language,
religion, political or other opinion, national or social origin,
sexual orientation, gender identity, mental or physical disability,
income level, housing status, citizenship, or immigration status.
(b) It is the intent of the Legislature to enact legislation that
would require all state agencies to use the same definition for
"homeless persons or people" as follows: "Homeless" means those
individuals or families who lack a fixed, regular, and adequate
nighttime residence or who have primary nighttime residence in a
shelter, on the street, in a vehicle, in an enclosure or structure
that is not authorized or fit for human habitation, substandard
apartments, dwellings, doubled up temporarily with friends or
families, or staying in transitional housing programs. "Homeless"
also means any person residing anywhere without tenancy rights, and
families with children staying in a residential hotel whether or not
they have tenancy rights.
(c) It is the intent of the Legislature that publicly funded
social and health care services be offered in a sufficient quantity
to meet the population's needs, without barriers, including
geographical barriers, such as making locations inconvenient or
creating screen-out barriers, or prohibiting access due to a person's
inability to provide identification or criminal justice history, or
disability, in order that persons are reasonably able to reach and
use that service.
SEC. 4. SEC. 3. Part 2.2 (commencing
with Section 53.1) is added to Division 1 of the Civil Code, to
read:
PART 2.2. Homeless Persons
53.1. For purposes of this part, the following definitions shall
apply:
(a) "Access," as applied to an existing facility, service, or
public space means the ability and permission to enter and make use
of the facility, service, or public space. Otherwise, "access" means
the offering or availability of a facility or service.
(b)
(a) "BID" means a business improvement district, as
established under Chapter 2 (commencing with Section 36520) of Part 6
of Division 18 of, or Chapter 2 (commencing with Section 36620) of
Part 7 of Division 18 of, the Streets and Highways Code, or any
public-private partnership established under any municipal or county
law authorized under Chapter 1 (commencing with Section 36500) of
Part 6 of Division 18 of, or Chapter 1 (commencing with Section
36600) of Part 7 of Division 18 of, the Streets and Highways Code,
whether or not the phrase "business improvement district" is part of
the public-private partnership's name.
(c)
(b) "BID agent" means any person hired by a BID
or any other public-private partnership similar to a
business improvement district .
(d) "Damages" means, but is not limited to, losses.
(e)
(c) "Harassment" means any behavior that is
meant to intimidate or otherwise persuade an individual to alter his
or her behavior, whether or not otherwise lawful. a
knowing and willful course of conduct by law enforcement, public or
private security personnel, or a BID agent directed at a specific
person that a reasonable person would consider as
seriously alarming, seriously annoying, seriously tormenting, or
seriously terrorizing a person.
(f)
(d) "Homeless persons" or "homeless people" means those
individuals or families lacking who lack or
are perceived to lack a fixed, regular, and adequate nighttime
residence, or having who have a primary
nighttime residence in a shelter, on the street, in a vehicle, in an
enclosure or structure that is not authorized or fit for human
habitation, in a substandard apartment, dwelling, staying
temporarily with friends or families, or staying in transitional
housing programs or habitation. "Homeless" also means
a person whose only residence is a residential hotel or who is
residing anywhere without tenancy rights, and families with children
staying in a residential hotel whether or not they have tenancy
rights.
(g) "Housing status" means the status of having or not having a
fixed or regular residence, including the status of living outdoors,
in a vehicle, or in a homeless shelter, or similar temporary
residence or elsewhere in the public domain.
(h) "Lack of permanent mailing address" means the absence of an
address fixed to a permanent home, and may include, but is not
limited to, post office boxes, addresses of friends or family
members, and shelter addresses.
(i) "Lawful representative" means any person who has been asked to
advocate on behalf of a person or any class that a person identifies
with, including, but not limited to, a homeless person's retained
attorney, a nonprofit organization that advocates on behalf of
homeless persons, or a prosecuting attorney upon the request of a
homeless person.
(j) "Losses" means, but is not limited to, any deprivation of
constitutionally held rights as well as the loss of property or
physical and mental wellbeing.
(k) "Low income" is defined as income at or lower than twice the
federal poverty level as established by the poverty guidelines
updated periodically in the Federal Register by the United States
Department of Health and Human Services under the authority of
Section 9902(2) of Title 42 of the United States Code.
(l) "Public service" means any program or activity that is
conducted, operated, or administered by the state, any state agency,
or local government agency, is funded directly by the state or any
local government, or received any financial assistance from the state
or any local government.
(m)
(e) "Public space" means any space
property that is predominantly within the public
domain or owned by any state or local government
entity or upon which there is an easement for public use and
that is held open to the public, including, but not limited to,
plazas, courtyards, parking lots, sidewalks, public transportation,
public buildings and parks. "Public space" may also refer to
those places that receive additional services through BIDs or other,
similar public-private partnerships. does not include
a private business establishment.
(n)
(f) "Rest" means the state of not moving, holding
certain postures that include, but are not limited to, sitting,
standing, leaning, kneeling, squatting, sleeping, or lying.
(o)
(g) "Soliciting donations" means asking for food,
water, or money, which includes panhandling.
53.2. (a) The existence of homelessness requires that
fundamental rights that are amply protected in the home and in
private places be extended to the public domain to ensure the equal
rights of all Californians, homeless and housed. Every
homeless person in the state, regardless of actual or
perceived housing status, low income, sexual orientation, gender
identity, citizenship, or immigration status, state
shall have the right to all of the following
basic human rights and legal and civil protections, except when
prohibited by federal law:
(1) The right to move freely in the same manner as any other
person in public spaces, including, but not limited to,
plazas, parking lots, public sidewalks, public parks, public
transportation, public streets, and public buildings, in the same
manner as any other person, and without discrimination
spaces without being subject to criminal or civil sanctions,
harassment or arrest by law enforcement, public or private
security personnel, or BID agents because he or she is homeless
.
(2) The right to rest and sleep in a
public spaces space in the same manner as
any other person without being subject to criminal or civil
sanctions, harassment, or arrest by law enforcement, public or
private security personnel, or BID agents because he or she is
homeless , as long as such that
rest does not maliciously or substantially obstruct a passageway.
(3) The right to set down or leave at rest personal property in
public spaces without being subject to criminal or civil sanctions,
harassment, or arrest by law enforcement, public or private security
personnel, or BID agents, as long as that personal property does not
maliciously or substantially obstruct a passageway, or the possession
or placement of that personal property does not deny another of the
right to property. This includes the right to restitution for loss of
property or personal effects and belongings if the property or
personal effects are confiscated, removed, damaged, or destroyed by
law enforcement, public or private security personnel, or BID agents
in violation of this paragraph or any other protections of property
provided under state or federal law.
(4)
(3) The right to eat, share, accept, or give
food or water in public spaces in the same manner as
any other person without being subject to criminal or civil
sanctions, harassment, or arrest by law enforcement, public or
private security personnel, or BID agents because he or she is
homeless .
(4) The right to solicit donations in public spaces in the same
manner as any other person without being subject to criminal or civil
sanctions, harassment, or arrest by law enforcement, public or
private security personnel, or BID agents because he or she is
homeless.
(5) The right to the same protections that law enforcement
agencies afford to the general public any
other person , including, but not limited to, the right to
reasonable protection from assault, domestic violence, sexual
assault, or robberies.
(6) The right to sleep, sit, lie down, stand, eat,
solicit donations, or share food in a public place or in a vehicle
rest in a public place
space , without being subject to criminal or civil sanctions
, harassment, or arrest by law enforcement, public or
private security personnel, or BID agents, except that law
enforcement may enforce existing local laws if all of the following
are true: (1) the person's county of residence maintains 12 months
per year of nonmedical assistance provided for in Section 17000 of
the Welfare and Institutions Code for employable, able-bodied adults
without dependents who are compliant with program rules established
by the county, including work requirements; (2) the locality is not a
geographical area identified by the United States Department of
Labor in accordance with Subpart A of Part 654 of Section 20 of the
Code of Federal Regulations as an area of concentrated unemployment
or underemployment or an area of labor surplus; and (3) the public
housing waiting list maintained by the county contains fewer than 50
persons.
(7) The right to be self-employed engage
in lawful self-employment in the same manner as any other person
, including, but not limited to, the right to seek
self-employment in junk removal and recycling that requires the
collection, possession, redemption, and storage of goods for reuse
and recycling, without being subject to criminal or civil sanctions,
harassment, or arrest by law enforcement, public or private security
personnel, or BID agents because he or she is homeless .
(8) The right to pray, meditate, or practice religion in public
spaces in the same manner as any other person , without
being subject to criminal or civil sanctions, harassment, or arrest
by law enforcement, public or private security personnel, or BID
agents because he or she is homeless .
(9) The right to decline admittance to a public or private shelter
or any other accommodation, including social services programs, for
any reason he or she sees fit, without facing
being subject to criminal or civil sanctions, harassment, or
arrest, or threats of these actions, arrest
from law enforcement, public or private security personnel, or
BID agents.
(10) The right to occupy a motor vehicle, as defined in Section
415 of the Vehicle Code, or recreational vehicle, as defined in
Section 18010 of the Health and Safety Code, either to rest, sleep,
or use for the purposes of shelter, provided that the vehicle is
legally parked on public property, without facing
being subject to criminal or civil sanctions, harassment,
or arrest, or threats of these actions,
arrest from law enforcement, public or private security
personnel, or BID agents.
(11) If the person is a child or youth, the right to state
enforcement of the educational protections under the federal
McKinney-Vento Act (42 U.S.C. Sec. 11432), particularly with regard
to Sections 11432(e)(3)(C)(ii)(I) and 11432(e)(3)(C)(ii)(II) of Title
42 of the United States Code, which provide that a school shall
provide assistance to the parent or guardian of each homeless child
or youth (or, in the case of an unaccompanied youth, the youth) to
exercise the right to attend the parent's or guardian's (or youth's)
choice of school, and a school shall coordinate with the local
educational agency with jurisdiction for the school selected by the
parent or guardian (or youth), to provide transportation and other
necessary services.
(12)
(11) The right to be protected from disclosure
confidentiality of his or her records and
information from by homeless shelters,
medical centers, schools, or any other publicly funded human
service provider to law enforcement agencies without
appropriate legal authority, and the right to confidentiality of
personal records and information in accordance with all limitations
on disclosure established by the federal Homeless Management
Information Systems, the federal Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191), and the federal
Violence Against Women Act (Public Law 103-322) ,
employers, or landlords, except that the records or information may
be disclosed if the disclosure is based on appropriate
legal authority. Disclosure of an individual's records or information
shall not be allowed unless the individual received oral and written
notice of the legal authority to disclose this information and the
individual's right to opt out of having the records or information
disclosed .
(13) The right to confidentiality of personal records regarding
housing status, income level, mental illness, physical disability,
sexual orientation, gender identity, citizenship, or immigration
status, and to protection from disclosure of the information and
records to landlords and employers.
(14)
(12) (A) If The right to
assistance of counsel, if a county chooses to initiate judicial
proceedings subject to Section 40508 of the Vehicle Code,
Section 853.6, 853.7, or 853.8 of the Penal Code, or any similar law
authorizing arrest for failure to appear or pay bail of the amount
listed on the notice to appear, the defendant shall be guaranteed the
right to assistance of counsel under any law set
forth in Section 53.5 . The accused shall be advised
of this right to counsel before entering a plea, and any waiver of
this right shall be explicit. If the district attorney's office or
its agent is representing the state in any part of an infraction
proceeding, the accused shall have the right to assistance of counsel
with regard to that infraction.
(B) The county where the citation was issued shall pay the cost of
providing counsel under this section
paragraph .
(C) A county shall not use penalties under Section 1214.1 of the
Penal Code or any other civil assessment scheme in the prosecution of
municipal infractions unless the defendant was the driver of a
vehicle.
(15) The right to assistance of counsel in any civil or criminal
proceeding that may result in commitment to a public health
institution.
(16) The right to be free
from arbitrary arrest, detention, or deportation, handed over to
another law enforcement agency, or deported, without guarantees
necessary for his or her timely defense.
(b)
(C) This section paragraph
shall not be construed to eliminate any protection or right to
representation available under Sections 5365 and 6500 of the Welfare
and Institutions Code or any other provision of law .
53.3. (a) A public employee shall not be retaliated against by
his or her employer, for offering available public
resources to a homeless person in order to protect that person from
harm, including, but not limited to, for offering
or providing food, blankets, first-aid supplies, or water.
(b) Any person or organization or water
offering food or water in a public
spaces space to any homeless person
pursuant to this part shall not be subject to
criminal or civil sanctions, arrest, or harassment by law
enforcement, public or private security personnel, or BID agents.
53.4. (a) Every local government and disadvantaged unincorporated
community within the state shall have sufficient health and hygiene
centers available 24 hours a day, seven days a week, for use by
homeless people. These facilities may be part of the Neighborhood
Health Center Program.
(b) For purposes of subdivision (a), the health and hygiene
centers shall be funded by the State Department of Public Health
through those county agencies that oversee public health programs,
and, at a minimum, shall contain public bathroom and shower
facilities.
(c) The State Department of Public Health shall distribute public
bulletins and notices identifying the facilities to be used as health
and hygiene centers.
(d) For purposes of this section, "disadvantaged unincorporated
community" means a fringe, island, or legacy community in
which the median household income is 80 percent less than the
statewide median household income shall be defined as
in Section 65302.10 of the Government Code .
53.5. (a) To ensure equitable and cost-effective enforcement of
the Homeless Person's Bill of Rights and Fairness Act (Ch.____,
Stats. 2013), every local law enforcement agency shall annually
compile and review the number of citations, arrests, and other
enforcement activities made pursuant to laws prohibiting the
following:
(1) Obstructing a sidewalk, whether by a person or personal
property.
(2) Loitering.
(3) Sitting.
(4) Lying down.
(5) Camping.
(6) Public lodging, including the prohibition specified in
subdivision (e) of Section 647 of the Penal Code.
(7) Sleeping in a public place.
(8) Soliciting donations.
(9) Soliciting donations at certain restricted locations,
including citing people for panhandling under Section 22520.5 of the
Vehicle Code.
(10) Bathing in public places.
(11) Sharing or receiving food.
(12) Inhabiting or sleeping in a vehicle.
(13) Violating public park closure laws.
(14) Crossing streets or highways at particular locations,
including subdivisions (c) and (d) of Section 21451 of, subdivision
(d) of Section 21453 of, subdivision (b) of Section 21456 of, Section
21461.5 of, subdivision (b) of Section 21950 of, Section 21954 of,
Section 21955 of, and subdivision (a) of Section 21956 of, the
Vehicle Code.
(15) Trespassing, unless the trespassing charge is coupled with
any misdemeanor or felony, except those misdemeanors that are
included in Section 372 of, and subdivisions (h) to (j), inclusive,
and subdivisions (l) and (m), of Section 602 of, the Penal Code.
(16) Failing to appear, pay a fine, post bail, or comply with a
condition of a court order, as described in Section 40508 of the
Vehicle Code or Section 853.6, 853.7, or 853.8 of the Penal Code.
(16)
(17) Any other local or state law enforced against
homeless persons and identified by the Attorney General's office,
or a city attorney's office, or any nonprofit
organization whose work or mission includes assistance to research
about, or advocate for, poor and homeless people
office .
(b) A local law enforcement agency shall make this information
publicly available under the terms set forth in the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1 of the Government Code).
(c) A local law enforcement agency shall report the information
specified in this section to the Attorney General's office on an
annual basis.
53.6. (a) Any person whose rights have been violated under this
part may enforce those rights and he or she, or his or her
lawful representative, may file a motion for relief in any trial or
appellate court with jurisdiction over the case as a matter of right.
The court shall act promptly on any motion for relief under this
part in a civil action .
(b) Any civil action alleging a violation of this part
may be brought against any person, entity, public entity, or public
employee. The court may award punitive damages, if
applicable, appropriate injunctive and declaratory relief,
restitution for loss of property or personal effects and
belongings, actual damages, compensatory damages,
general damages, special damages, exemplary damages,
statutory damages of one thousand dollars ($1,000) per violation,
if applicable, and reasonable attorneys' fees and
costs to a prevailing plaintiff.
SEC. 5. SEC. 4. Section 11135 of the
Government Code is amended to read:
11135. (a) No person in the State of California shall, on the
basis of race, national origin, ethnic group identification,
religion, age, sex, sexual orientation, color, housing status,
genetic information, or disability, be unlawfully denied full and
equal access to the benefits of, or be unlawfully subjected to
discrimination under, any program or activity that is conducted,
operated, or administered by the state or by any state agency, is
funded directly by the state, or receives any financial assistance
from the state. Notwithstanding Section 11000, this section applies
to the California State University.
(b) With respect to discrimination on the basis of disability,
programs and activities subject to subdivision (a) shall meet the
protections and prohibitions contained in Section 202 of the federal
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and
the federal rules and regulations adopted in implementation thereof,
except that if the laws of this state prescribe stronger protections
and prohibitions, the programs and activities subject to subdivision
(a) shall be subject to the stronger protections and prohibitions.
(c) (1) As used in this section, "disability" means any mental or
physical disability, as defined in Section 12926.
(2) The Legislature finds and declares that the amendments made to
this act are declarative of existing law. The Legislature further
finds and declares that in enacting Senate Bill 105 of the 2001-02
Regular Session (Chapter 1102 of the Statutes of 2002), it was the
intention of the Legislature to apply subdivision (d) to the
California State University in the same manner that subdivisions (a),
(b), and (c) already applied to the California State University,
notwithstanding Section 11000. In clarifying that the California
State University is subject to paragraph (2) of subdivision (d), it
is not the intention of the Legislature to increase the cost of
developing or procuring electronic and information technology. The
California State University shall, however, in determining the cost
of developing or procuring electronic or information technology,
consider whether technology that meets the standards applicable
pursuant to paragraph (2) of subdivision (d) will reduce the
long-term cost incurred by the California State University in
providing access or accommodations to future users of this technology
who are persons with disabilities, as required by existing law,
including this section, Title II of the federal Americans with
Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
(d) (1) The Legislature finds and declares that the ability to
utilize electronic or information technology is often an essential
function for successful employment in the current work world.
(2) In order to improve accessibility of existing technology, and
therefore increase the successful employment of individuals with
disabilities, particularly blind and visually impaired and deaf and
hard-of-hearing persons, state governmental entities, in developing,
procuring, maintaining, or using electronic or information
technology, either indirectly or through the use of state funds by
other entities, shall comply with the accessibility requirements of
Section 508 of the federal Rehabilitation Act of 1973, as amended (29
U.S.C. Sec. 794d), and regulations implementing that act as set
forth in Part 1194 of Title 36 of the Federal Code of Regulations.
(3) Any entity that contracts with a state or local entity subject
to this section for the provision of electronic or information
technology or for the provision of related services shall agree to
respond to, and resolve any complaint regarding accessibility of its
products or services that is brought to the attention of the entity.
(e) As used in this section, "sex" and "sexual orientation" have
the same meanings as those terms are defined in subdivisions (q) and
(r) of Section 12926.
(f) As used in this section, "race, national origin, ethnic group
identification, religion, age, sex, sexual orientation, color, or
disability" includes a perception that a person has any of those
characteristics or that the person is associated with a person who
has, or is perceived to have, any of those characteristics.
(g) As used in this section, "genetic information" has the same
definition as in paragraph (2) of subdivision (e) of Section 51 of
the Civil Code.
(h) For purposes of this section section,
"housing status" has the same meaning as that term is
means status as a "homeless person" as defined
in subdivision (g) of Section 53.1 of the Civil
Code.
SEC. 6. SEC. 5. The Legislature
finds and declares that the need to address discriminatory practices
is a matter of statewide concern and is not a municipal affair, as
that term is used in Section 5 of Article XI of the California
Constitution. Therefore, this act shall apply to all cities,
including charter cities.
SEC. 7. SEC. 6. The provisions of
this act are severable. If any provision of this act or its
application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the
invalid provision or application.
SEC. 8. SEC. 7. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
