BILL NUMBER: AB 1502 CHAPTERED
BILL TEXT
CHAPTER 570
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE JULY 1, 2010
PASSED THE ASSEMBLY AUGUST 16, 2010
AMENDED IN SENATE JUNE 16, 2010
AMENDED IN SENATE FEBRUARY 24, 2010
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member Eng
FEBRUARY 27, 2009
An act to amend Section 17801 of the Business and Professions
Code, to amend Section 731 of the Code of Civil Procedure, to amend
Section 11571 of the Health and Safety Code, and to amend Section
11226 of the Penal Code, relating to nuisance.
LEGISLATIVE COUNSEL'S DIGEST
AB 1502, Eng. Nuisance abatement: civil action.
Existing law authorizes the district attorney or city attorney to
bring a civil action to abate a public nuisance, as defined.
Existing law provides that every building or place used for the
purpose of specified unlawful transactions involving controlled
substances is a nuisance, which may be abated in a civil action
brought by the district attorney or city attorney.
Existing law provides that every building or place used for the
purpose of illegal gambling, lewdness, assignation, prostitution, or
counterfeiting is a nuisance, which may be abated in a civil action
brought by the district attorney or city attorney.
This bill would authorize the county counsel to bring a civil
action to abate a public nuisance, a controlled substances nuisance,
or a gambling or prostitution nuisance, pursuant to each of the above
provisions.
Existing law requires a district attorney, city attorney, or city
prosecutor that brings an action to abate a nuisance for the use of a
nonresidential building or place for the purpose of manufacturing,
selling, or possessing for sale counterfeit goods to report to the
Senate and Assembly Committees on Judiciary on the use and
effectiveness of that abatement provision.
This bill would additionally require a county counsel that brings
an action to abate a nuisance for the use of a nonresidential
building or place for the purpose of manufacturing, selling, or
possessing for sale counterfeit goods to report to the Senate and
Assembly Committees on Judiciary on the use and effectiveness of that
abatement provision. By requiring a county counsel to file this
report, this bill would constitute 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17801 of the Business and Professions Code is
amended to read:
17801. A district attorney, county counsel, city attorney, or
city prosecutor that maintains an action or actions to enjoin, abate,
or prevent a nuisance pursuant to the provisions of this chapter
shall report to the Senate and Assembly Committees on Judiciary, by
October 1, 2013, on their use of the provisions of this chapter and
their effectiveness. The report shall include, but not be limited to,
all of the following:
(a) The frequency of use of the nuisance abatement provisions as
well as statistics on whether the use of the abatement provisions
correlates with a decrease in the use of criminal penalties.
(b) Any statistics or information concerning the impact of the use
of these provisions on counterfeiting overall, both in the relevant
county or city and overall.
SEC. 2. Section 731 of the Code of Civil Procedure is amended to
read:
731. An action may be brought by any person whose property is
injuriously affected, or whose personal enjoyment is lessened by a
nuisance, as defined in Section 3479 of the Civil Code, and by the
judgment in that action the nuisance may be enjoined or abated as
well as damages recovered therefor. A civil action may be brought in
the name of the people of the State of California to abate a public
nuisance, as defined in Section 3480 of the Civil Code, by the
district attorney or county counsel of any county in which the
nuisance exists, or by the city attorney of any town or city in which
the nuisance exists. Each of those officers shall have concurrent
right to bring an action for a public nuisance existing within a town
or city. The district attorney, county counsel, or city attorney of
any county or city in which the nuisance exists shall bring an action
whenever directed by the board of supervisors of the county, or
whenever directed by the legislative authority of the town or city.
SEC. 3. Section 11571 of the Health and Safety Code is amended to
read:
11571. If there is reason to believe that a nuisance, as
described in Section 11570, is kept, maintained, or exists in any
county, the district attorney or county counsel of the county, or the
city attorney of any incorporated city or of any city and county, in
the name of the people, may, or any citizen of the state resident in
the county, in his or her own name, may, maintain an action to abate
and prevent the nuisance and to perpetually enjoin the person
conducting or maintaining it, and the owner, lessee, or agent of the
building or place in or upon which the nuisance exists from directly
or indirectly maintaining or permitting the nuisance.
SEC. 4. Section 11226 of the Penal Code is amended to read:
11226. If there is reason to believe that a nuisance, as defined
in this article or as set forth in Section 17800 of the Business and
Professions Code, is kept, maintained, or is in existence in any
county, the district attorney or county counsel, in the name of the
people of the State of California, or the city attorney of an
incorporated city or any city and county may, or any citizen of the
state resident within the county in his or her own name may, maintain
an action in equity to abate and prevent the nuisance and to
perpetually enjoin the person conducting or maintaining it, and the
owner, lessee, or agent of the building or place, in or upon which
the nuisance exists, from directly or indirectly maintaining or
permitting it.
The complaint in the action shall be verified unless filed by the
district attorney, county counsel, or the city attorney.
SEC. 5. 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.