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  MAY 6, 2014
	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 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,  of
residential property in the Cities of Palmdale and Lancaster in the
County of Los Angeles,  to register vacant real property with
the local law enforcement agency and to execute, under penalty of
perjury, a Declaration of Ownership of Residential 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,  of residential property in the Cities of
Palmdale or Lancaster in the County of Los Angeles,  to file the
Declaration of Ownership of Residential Real Property with the
district attorney of the jurisdiction in which the property is
located. The bill would require 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 person who is found on the property
not less than 48 hours after being so notified  is guilty of
trespass  and  , if  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  in the Cities of Palmdale and Lancaster
in the County of Los Angeles  . 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Cities of Palmdale and
Lancaster in the County of Los Angeles. 
   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.   (a)    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) 
    (1)  The registration shall be signed under penalty of
perjury and  include: 
    (1)     A statement
  state  that the property is vacant and is not
authorized to be occupied by any person.
   (2) The  registration shall be accompanied with a statement
providing the  name, address, and telephone number at which the
owner can be contacted within a 24-hour  period. 
    (3)     A 
 period and 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) 
    (g)  This section shall not be construed to limit
 the owner's right   an owner from seeking other
legal remedies  to have a person removed from the vacant
property pursuant to any other law. 
   (i) 
    (h)  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.   Procedure.  
   (j) 
    (i)  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. 
   (j) This section shall apply only to one-unit to four-unit
residences in the Cities of Palmdale and Lancaster in the County of
Los Angeles. 
   (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.
  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.


"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   apply
only  to one-unit to four-unit residences  in the Cities of
Palmdale and Lancaster in the County of Los Angeles  .
   (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. 4.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances in the
Cities of Palmdale and Lancaster in the Country of Los Angeles, it is
first necessary to establish this program in a limited setting to
analyze its effectiveness before considering an extension to other
local jurisdictions. 
   SEC. 4.   SEC. 5.   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.