Bill Text: CA AB1513 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Residential property: possession by declaration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 666, Statutes of 2014. [AB1513 Detail]

Download: California-2013-AB1513-Amended.html

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BILL NUMBER: AB 1513	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2014
	AMENDED IN ASSEMBLY  APRIL 8, 2014
	AMENDED IN ASSEMBLY  MARCH 17, 2014

INTRODUCED BY   Assembly Member Fox

                        JANUARY 15, 2014

   An act to add  Sections 1944.1, 1944.2, 1944.3, and 1944.4
to the Civil Code,    and repeal Sections 602.55 and
602.56 of   the Penal Code,   relating to residential
property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1513, as amended, Fox. Residential property: possession by
declaration.
   Existing law allows a plaintiff, upon motion, to have immediate
possession of the premises of a manufactured home, mobilehome, or
real property by a writ of possession issued by a court and directed
to the sheriff of the county or marshal, for execution, where it
appears to the satisfaction of the court, after a hearing on the
motion, from the verified complaint and from any affidavits filed or
oral testimony given by or on behalf of the parties, that the
defendant resides out of state, has departed from the state, cannot,
after due diligence, be found within the state, or has concealed
himself or herself to avoid the service of summons. 
   Existing law provides that every person who willfully commits a
trespass is guilty of a misdemeanor. 
   This bill would  , only until January 1, 2018,  allow a
property owner, or an agent of the property owner, to  register
vacant real property with the local law enforcement agency and to
 execute, under penalty of perjury, a Declaration of Ownership
of Residential  property or an Unauthorized Occupant
Declaration   Real Property  . By expanding the
scope of the crime of perjury, this bill would impose a
state-mandated local program.
   This bill would allow a property owner, or an agent of the
property owner, to file the Declaration of Ownership of Residential
 property or Unauthorized Occupant Declaration  
Real Property  with the district attorney of the jurisdiction
in which the property is  located and to submit either
declaration to a local law enforcement agency. The bill would require
a local law enforcement agency to enforce the declaration as an
order for immediate possession of the premises, as specified
  located  . The bill would require  a
sheriff   the property owner  to post the 
filed  declaration on the property listed in the declaration.
 The bill would require the local law enforcement agency with
which the property is registered to respond as soon as practicable
after being notified that an unauthorized person has been found on
the property and take specified action, including requiring a person
who is found on the property to produce written authorization to be
on the property, and advising any person who does not produce that
authorization that he or she has 48 hours to obtain it, and is
subject to arrest for trespass if he or she is subsequently found on
the property without it. The bill would provide that a per  
son who is found on the property not less than 48 hours after being
so notified and convicted of trespass is subject to imprisonment in a
county jail not exceeding one year, or a fine not exceeding $1,000,
or both that imprisonment and fine. The bill would also set forth
procedures governing the disposition of personal property remaining
on the real property following the arrest of a person for trespass.
 By imposing new duties on local  law enforcement 
agencies  and by expanding the scope of the crime of trespass
 this bill would create a state-mandated local program.
    The bill would provide that its provisions apply only to one-unit
to four-unit residences.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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.    The Legislature finds and declares that
the practice of squatting on vacant property is a public nuisance
and is detrimental to the health, safety, and economy of local
communities and to the rights of real property owners. The intent of
this section is to provide a means to deter squatting at an early
stage and to provide a second chance for squatters to vacate the
premises in lieu of arrest. The Legislature also declares this
section not to be an abridgment of other statutes relating to
trespass or civil eviction proceedings. 
   SEC.   2.    Section 602.55 is added to the
  Penal Code   ,  immediately following
Section 602.5  , to read:  
   602.55.  The owner or owner's agent of vacant real property may
register the property with the local law enforcement agency utilizing
the form contained in subdivision (a) of Section 602.56.
   (a) The registration shall be signed under penalty of perjury and
include:
   (1) A statement that the property is vacant and is not authorized
to be occupied by any person.
   (2) The name, address, and telephone number at which the owner can
be contacted within a 24-hour period.
   (3) A statement that either the law enforcement agency or a
licensed private security services company has been retained to
comply with the inspection and reporting provisions of this section,
together with a copy of any agreement or contract to perform those
services.
   (b) The owner or the owner's agent shall register the vacant
property no later than three days after the owner or owner's agent
learns that the property is vacant.
   (c) The owner or owner's agent, immediately after authorizing a
person to occupy the vacant property, shall do both of the following:

   (1) Issue a written authorization to the person authorized to
occupy the property.
   (2) Notify the law enforcement agency where the property is
registered and terminate the registration.
   (d) The licensed private security services company or law
enforcement agency selected by the owner or owner's agent pursuant to
this section shall do both of the following:
   (1) Inspect the vacant property not less than once every three
days.
   (2) Immediately notify the law enforcement agency with which the
property is registered if any unauthorized person is found on the
property.
   (e) The law enforcement agency where the property is registered
shall respond as soon as practicable after being notified pursuant to
paragraph (2) of subdivision (d) that an unauthorized person is
found on the property. The responding officer shall do all of the
following:
   (1) Verify that the property was inspected within the last three
days pursuant to paragraph (2) of subdivision (d) and found to be
vacant.
   (2) Ascertain the identity of any person who is found on the
property.
   (3) Require a person who is found on the property to produce
written authorization to be on the property.
   (4) Advise any person who does not produce written authorization
pursuant to paragraph (3) that he or she has 48 hours to obtain
written authorization from the owner of the property, or the owner's
agent, to be on the property, and that the person will be subject to
arrest for trespass if the person is subsequently found on the
property without that authorization.
   (5) Verify with the owner or the owner's agent that the property
is vacant.
   (f) Any person who is found on a vacant property not less than 48
hours after being notified as provided in paragraph (4) of
subdivision (e) is guilty of trespass and, upon conviction, is
subject to imprisonment in a county jail not exceeding one year, or
by a fine not exceeding one thousand dollars ($1,000), or both.
   (g) The procedures set forth in Chapter 5 (commencing with Section
1980) of Title 5 of Part 4 of Division 3 of the Civil Code govern
the disposition of any personal property remaining on the vacant
property following the arrest for trespass pursuant to this section
of a person who owns the personal property. For purposes of applying
those procedures, a person who is arrested for trespass shall be
deemed to be a former tenant of the property.
   (h) This section shall not be construed to limit the owner's right
to have a person removed from the vacant property pursuant to any
other law.
   (i) The arrest of a person and removal of personal property
pursuant to the provisions of this section is not a forcible entry
under the provisions of Section 1159 of the Code of Civil Procedure
and shall not be a basis for civil liability under that section.
   (j) The local city council or board of supervisors shall establish
fees for registering a vacant property with the local law
enforcement agency and for the conduct of inspections by the law
enforcement agency pursuant to this section.
   (k) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.  
  SECTION 1.    Section 1944.1 is added to theCivil
Code, to read:
   1944.1.   
  SEC. 3.    Section 602.56 is added to the Penal Code, to
read: 
    602.56.   (a)     A property
owner, or an agent of the property owner,  may execute a
"Declaration of Ownership" that includes language substantially
similar to the language below and file it with the district attorney
of the jurisdiction in which the property is located. If the property
owner, or the agent of the property owner, files the declaration
with the district attorney, he or she shall also post the declaration
on the unoccupied residential property listed in the declaration.
 The property owner, or the agent of the property owner, may
also submit the declaration to a local law enforcement agency that
shall enforce the declaration as an order for immediate possession of
the premises. 


"DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY



   I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.
   1. I am the owner___, or the agent of the owner___(check one), of
the residential property located at _____________________, California
("Property").
   2. Submitted with this declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.
   3. Since obtaining ownership of the Property, no ownership
interest in the Property has been conveyed or transferred to any
other person or entity.
   4. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.
   5. As of the present date, there are no persons authorized by me
or my agent to reside within the Property. Any persons residing on
this Property are doing so without any express or implied
authorization from me or my agent.
   6. I have not entered into any form of lease arrangement, rental
agreement, or given any consent whatsoever to any persons to reside
within the Property.
   7. I will advise the district attorney if there is any change in
the status of the Property and an occupancy is authorized by me or my
agent.
   8. I declare under penalty of perjury that the foregoing is true
and correct.


   EXECUTED on _________________________________, at
_______________________, California"

   (b) This section shall only apply to one-unit to four-unit
residences.  
   (c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.  
  SEC. 2.    Section 1944.2 is added to the Civil
Code, to read:
   1944.2.  may execute an "Unauthorized Occupant Declaration" that
includes language substantially similar to the language below and
file it with the district attorney of the jurisdiction in which the
property is located. The property owner, or the agent of the property
owner, may also submit the declaration to a local law enforcement
agency that shall enforce the declaration as an order for immediate
possession of the premises.


"UNAUTHORIZED OCCUPANT DECLARATION



   I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.
   1. I am the owner___, or the agent of the owner___ (check one), of
the residential property located at _____________________,
California ("Property").
   2. Submitted with this Declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.
   3. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.
   4. I have never entered into any form of lease arrangement, rental
agreement, or given any consent whatsoever to the persons ("Subject
Persons") to reside within the Property.
   5. As of the present date, there are Subject Persons present
within, and asserting possession of, the Property.
   6. The Subject Persons are residing within the Property without my
consent and are unknown to me.
   7. I have requested the Subject Persons to remove themselves and
their personal property from the Property on the following occasion
(s) and in the following manner: _________________________.
   8. Notwithstanding the efforts described above, the Subject
Persons have refused to vacate the Property and to remove their
personal property from the Property.
   9. I have been advised and understand that Section 148.5 of the
Penal Code makes it a crime to falsely report a misdemeanor or felony
to a peace officer and that I will be committing a crime under that
section if the statements made within this declaration are known to
be false.
   10. I declare under penalty of perjury that the foregoing is true
and correct.


   EXECUTED on _____________________________________, at
_______________________, California"  
  SEC. 3.    Section 1944.3 is added to the Civil
Code, to read:
   1944.3.  A declaration provided to a district attorney pursuant to
Section 1944.1 or 1944.2 shall be posted by the sheriff on the
property listed in the declaration.  
  SEC. 4.    Section 1944.4 is added to the Civil
Code, to read:
   1944.4.  Sections 1944.1 to 1944.3, inclusive, apply only to
one-unit to four-unit residences. 
   SEC. 5.   SEC. 4.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.