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

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-Introduced.html

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BILL NUMBER: AB 1513	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fox

                        JANUARY 15, 2014

   An act to add Section 1160.5 to the Code of Civil Procedure,
relating to residential property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1513, as introduced, Fox. Residential property: possession by
force.
   Under existing law, a person who by force, or by menaces and
threats of violence, unlawfully holds and keeps the possession of any
real property, whether acquired peaceably or otherwise, is guilty of
a forcible detainer. Existing law also establishes the criteria for
determining when a tenant is guilty of an unlawful detainer of a
premises.
   This bill would provide that a person who knowingly holds and
occupies any residential property, owned or managed by another, by
force or threats of violence, or knowingly enters residential
property without the property owner's express written permission and
refuses or fails to leave the property after being requested to leave
by the owner or agent of the owner is guilty of a felony punishable
pursuant to existing law.
   By creating new crimes this bill would impose a state-mandated
local program.
   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 no reimbursement is required by this
act for a specified reason.
   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.  Section 1160.5 is added to the Code of Civil Procedure,
to read:
   1160.5.  A person who does either of the following is guilty of a
felony punishable pursuant to subdivision (h) of Section 1170 of the
Penal Code:
   (a) Knowingly holds and occupies any residential property, owned
or managed by another, by force or threats of violence.
   (b) Knowingly enters residential property without the property
owner's express written permission and refuses or fails to leave the
residential property after being requested to leave by the property
owner or agent of the owner.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.