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

California Assembly Bill 1513 (Prior Session Legislation)

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

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

BILL NUMBER: AB 1513	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2014

INTRODUCED BY   Assembly Member Fox

                        JANUARY 15, 2014

   An act to add  Section   Sections 
1160.5  and 1160.6  to the Code of Civil Procedure, relating
to residential property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1513, as amended, Fox. Residential property: possession by
 force   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.  
   This bill would allow a property owner, or an agent of the
property owner, to execute, under penalty of perjury, a Declaration
of Ownership of Residential property or an Unauthorized Occupant
Declaration. 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 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. By imposing new duties on local agencies this bill would
create 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 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. 

   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 property owner, or an agent of the property owner, may
execute the following "Declaration of Ownership" 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,
shall 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 pursuant to Section 1166a of
the Code of Civil Procedure.


"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" 
   SEC. 2.    Section 1160.6 is added to the  
Code of Civil Procedure   , to read:  
   1160.6.  A property owner, or an agent of the property owner, may
execute the following "Unauthorized Occupant Declaration" 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 pursuant to Section 1166a of the Code of
Civil Procedure.


"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 occasions
and in the following means:
   A.
______________________________________________________________________
_____
   B.
______________________________________________________________________
_____
   C.
______________________________________________________________________
_____
   D.
______________________________________________________________________
_____
   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 Section 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.    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.  
  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.