Bill Text: CA SB1403 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Domestic violence: permanent restraining orders and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-24 - Chaptered by Secretary of State. Chapter 516, Statutes of 2012. [SB1403 Detail]

Download: California-2011-SB1403-Amended.html

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BILL NUMBER: SB 1403	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2012
	AMENDED IN SENATE  JUNE 19, 2012

INTRODUCED BY   Senator Yee

                        FEBRUARY 24, 2012

    An act to amend Section 54952 of the Government Code,
relating to local government, and declaring the urgency thereof, to
take effect immediately.   An act to amend Section 
 1946.7 of the Civil Code, and to amend Section 1161.3 of the
Code of Civil Procedure, relating to domestic violence, and declaring
the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1403, as amended, Yee.  Local government meetings:
legislative body: definition.   Domestic violence:
permanent restraining orders and elder abuse orders.  
   Existing law authorizes a tenant to notify the landlord in writing
that he or she or a household member, as defined, was a victim of an
act of domestic violence, sexual assault, or stalking and intends to
terminate the tenancy, and requires that the tenant attach a copy of
a temporary restraining order, emergency protective order, or a
report by a peace officer to the notice. Existing law permits the
tenant to quit the premises after notification and limits the tenant'
s obligation for payment of rent, as specified. Existing law requires
the notice to terminate the tenancy to be given within 180 days of
the date the order was issued or the report was made, or as
specified.  
   This bill would include a copy of a permanent restraining order or
an elder abuse order among the approved documents required to be
provided to the landlord with a notice to terminate a tenancy under
the above provisions.  
   Existing law prohibits a landlord from terminating a tenancy or
failing to renew a tenancy based upon an act of domestic violence,
sexual assault, or stalking against a protected tenant, as defined,
or a protected tenant's household member when that act is documented
by a temporary restraining order, emergency protective order, or a
written report, as specified, and the person who is restrained from
contact with the protected tenant under the protection order or is
named in the police report of that act is not a tenant of the same
dwelling unit.  
   This bill would include permanent restraining orders and elder
abuse orders among the documents that may be provided to establish
domestic violence, sexual assault, or stalking against a protected
tenant or a protected tenant's household member under the above
provisions.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Existing law, the Ralph M. Brown Act, requires each legislative
body of a local agency to provide the time and place for holding
regular meetings and requires that all meetings of a legislative body
be open and public and all persons be permitted to attend unless a
closed session is authorized. Existing law defines for these purposes
the term "legislative body" and includes within that definition a
board of a local agency.  
   This bill would modify the definition of the term "legislative
body" to include an assessment appeals board, as specified. By
extending open meeting requirements to proceedings of assessment
appeals boards, the 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, 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.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote: 2/3. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 1946.7 of the   Civil
Code   is amended to read: 
   1946.7.  (a) A tenant may notify the landlord that he or she or a
household member was a victim of an act that constitutes an act of
domestic violence as defined in Section 6211 of the Family Code,
sexual assault as defined in Sections 261, 261.5, 262, 286, 288a, or
289 of the Penal Code, or stalking as defined in Section 1708.7, and
that the tenant intends to terminate the tenancy.
   (b) A notice to terminate a tenancy under this section shall be in
writing, with one of the following attached to the notice:
   (1) A copy of a temporary restraining  order or 
 order,  emergency protective  order, permanent
restraining order, or elder abuse  order lawfully issued
pursuant to Part 3 (commencing with Section 6240) or Part 4
(commencing with Section 6300) of Division 10 of the Family Code,
Section 136.2 of the Penal Code, Section 527.6 of the Code of Civil
Procedure, or Section 213.5 of the Welfare and Institutions Code that
protects the tenant or household member from further domestic
violence, sexual assault, or stalking.
   (2) A copy of a written report by a peace officer employed by a
state or local law enforcement agency acting in his or her official
capacity, stating that the tenant or household member has filed a
report alleging that he or she or the household member is a victim of
domestic violence, sexual assault, or stalking.
   (c) The notice to terminate the tenancy shall be given within 180
days of the date that any order described in paragraph (1) of
subdivision (b) was issued, within 180 days of the date that any
written report described in paragraph (2) of subdivision (b) was
made, or within the time period described in Section 1946.
   (d) If notice to terminate the tenancy is provided to the landlord
under this section, the tenant shall be responsible for payment of
rent for 30 days following the giving of the notice, or within the
appropriate period as described in Section 1946, and thereafter shall
be released from any rent payment obligation under the rental
agreement without penalty. Existing law governing the security
deposit shall apply.
   (e) If within the 30 days following the giving of the notice under
this section the tenant quits the premises and the premises are
rented to another party, the rent due on the premises for that 30-day
period shall be prorated. Existing law governing the security
deposit shall apply.
   (f) Nothing in this section relieves a tenant, other than the
tenant who is, or who has a household member who is, a victim of
domestic violence, sexual assault, or stalking and members of that
tenant's household, from their obligations under the rental
agreement.
   (g) "Household member" as used in this section means a member of
the tenant's family who lives in the same household as the tenant.
   SEC. 2.    Section 1161.3 of the   Code of
Civil Procedure   is amended to read: 
   1161.3.  (a) Except as provided in subdivision (b), a landlord
shall not terminate a tenancy or fail to renew a tenancy based upon
an act or acts against a tenant or a tenant's household member that
constitute domestic violence as defined in Section 6211 of the Family
Code, sexual assault as defined in Section 1219, or stalking as
defined in Section 1708.7 of the Civil Code or Section 646.9 of the
Penal Code, if both of the following apply:
   (1) The act or acts of domestic violence, sexual assault, or
stalking have been documented by one of the following:
   (A) A temporary restraining  order or  
order,  emergency protective  order, permanent restraining
order, or elder abuse  order lawfully issued within the last 180
days pursuant to Section 527.6, Part 3 (commencing with Section
6240), Part 4 (commencing with Section 6300), or Part 5 (commencing
with Section 6400) of Division 10 of the Family Code, Section 136.2
of the Penal Code, or Section 213.5 of the Welfare and Institutions
Code that protects the tenant or household member from domestic
violence, sexual assault, or stalking.
   (B) A copy of a written report, written within the last 180 days,
by a peace officer employed by a state or local law enforcement
agency acting in his or her official capacity, stating that the
tenant or household member has filed a report alleging that he or she
or the household member is a victim of domestic violence, sexual
assault, or stalking.
   (2) The person against whom the protection order has been issued
or who was named in the police report of the act or acts of domestic
violence, sexual assault, or stalking is not a tenant of the same
dwelling unit as the tenant or household member.
   (b) A landlord may terminate or decline to renew a tenancy after
the tenant has availed himself or herself of the protections afforded
by subdivision (a) if both of the following apply:
   (1) Either of the following:
   (A) The tenant allows the person against whom the protection order
has been issued or who was named in the police report of the act or
acts of domestic violence, sexual assault, or stalking to visit the
property.
   (B) The landlord reasonably believes that the presence of the
person against whom the protection order has been issued or who was
named in the police report of the act or acts of domestic violence,
sexual assault, or stalking poses a physical threat to other tenants,
guests, invitees, or licensees, or to a tenant's right to quiet
possession pursuant to Section 1927 of the Civil Code.
   (2) The landlord previously gave at least three days' notice to
the tenant to correct a violation of paragraph (1).
   (c) Notwithstanding any provision in the lease to the contrary,
the landlord shall not be liable to any other tenants for any action
that arises due to the landlord's compliance with this section.
   (d) For the purposes of this section, "tenant" means tenant,
subtenant, lessee, or sublessee.
   (e) The Judicial Council shall, on or before January 1, 2012,
develop a new form or revise an existing form that may be used by a
party to assert in the responsive pleading the grounds set forth in
this section as an affirmative defense to an unlawful detainer
action. 
  SECTION 1.    Section 54952 of the Government Code
is amended to read:
   54952.  As used in this chapter, "legislative body" means:
   (a) The governing body of a local agency or any other local body
created by state or federal statute.
   (b) (1) A commission, committee, board, or other body of a local
agency, whether permanent or temporary, decisionmaking or advisory,
created by charter, ordinance, resolution, or formal action of a
legislative body. However, advisory committees, composed solely of
the members of the legislative body that are less than a quorum of
the legislative body are not legislative bodies, except that standing
committees of a legislative body, irrespective of their composition,
which have a continuing subject matter jurisdiction, or a meeting
schedule fixed by charter, ordinance, resolution, or formal action of
a legislative body are legislative bodies for purposes of this
chapter.
   (2) (A) For purposes of this subdivision, "board" includes an
assessment appeals board, including a board of supervisors when
sitting as the assessment appeals board, which may meet in closed
session, as provided by Section 1605.4 of the Revenue and Taxation
Code.
   (B) The Legislature finds and declares that assessment appeals
boards constitute quasi-judicial boards. As such, Sections 54954.3
and 54957.5 shall not apply to these boards.
   (c) (1) A board, commission, committee, or other multimember body
that governs a private corporation, limited liability company, or
other entity that either:
   (A) Is created by the elected legislative body in order to
exercise authority that may lawfully be delegated by the elected
governing body to a private corporation, limited liability company,
or other entity.
   (B) Receives funds from a local agency and the membership of whose
governing body includes a member of the legislative body of the
local agency appointed to that governing body as a full voting member
by the legislative body of the local agency.
   (2) Notwithstanding subparagraph (B) of paragraph (1), no board,
commission, committee, or other multimember body that governs a
private corporation, limited liability company, or other entity that
receives funds from a local agency and, as of February 9, 1996, has a
member of the legislative body of the local agency as a full voting
member of the governing body of that private corporation, limited
liability company, or other entity shall be relieved from the public
meeting requirements of this chapter by virtue of a change in status
of the full voting member to a nonvoting member.
   (d) The lessee of any hospital the whole or part of which is first
leased pursuant to subdivision (p) of Section 32121 of the Health
and Safety Code after January 1, 1994, where the lessee exercises any
material authority of a legislative body of a local agency delegated
to it by that legislative body whether the lessee is organized and
operated by the local agency or by a delegated authority. 

  SEC. 2.    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.  
  SEC. 3.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   Subjecting property tax assessment appeal boards to the
requirements of the Ralph M. Brown Act will ensure that the public is
appropriately noticed regarding board meetings and increase
governmental transparency as it relates to actions of the boards; as
such, it is necessary for this act to take effect immediately.

   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure improved protection against domestic violence
and elder abuse in this state, it is necessary for this act to take
effect immediately.