BILL NUMBER: AB 1800	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 16, 2010

INTRODUCED BY   Assembly Members  Hagman  
  and Ma   Ma   and Hagman


                        FEBRUARY 10, 2010

   An act to amend Section 602.9 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1800, as amended,  Hagman   Ma  .
Unlawful rental of residential dwelling: grand theft.
  felony. 
   Existing law makes it a misdemeanor, punishable as specified, for
any person to claim ownership or claim or take possession of, or
cause another to enter or remain in, a residential dwelling for the
purpose of renting or leasing the dwelling to another without the
consent of the owner or the owner's lawful agent.
   This bill would instead make that crime  grand theft
punishable by imprisonment in the state prison   a
felony  . Because this bill would change the penalty for a
crime, it 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 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 602.9 of the Penal Code is amended to read:
   602.9.  (a) Except as provided in subdivision (c), any person who,
without the owner's or owner's agent's consent, claims ownership or
claims or takes possession of a residential dwelling for the purpose
of renting that dwelling to another is guilty of  grand theft
and is punishable by imprisonment in the state prison  
a felony  . Each violation is a separate offense.
   (b) Except as provided in subdivision (c), any person who, without
the owner's or owner's agent's consent, causes another person to
enter or remain in any residential dwelling for the purpose of
renting that dwelling to another, is guilty of  grand theft
and is punishable by imprisonment in the state prison  
a felony  . Each violation is a separate offense.
   (c) This section does not apply to any tenant, subtenant, lessee,
sublessee, or assignee, nor to any other hirer having a lawful
occupancy interest in the residential dwelling.
  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.