BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 2706
          Author:   Lowenthal (D), et al
          Amended:  8/17/10 in Senate
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  3-2, 6/15/10
          AYES:  Corbett, Hancock, Leno
          NOES:  Harman, Walters

           SENATE APPROPRIATIONS COMMITTEE  :  7-3, 8/2/10
          AYES:  Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
          NOES:  Ashburn, Emmerson, Wyland
          NO VOTE RECORDED:  Walters

           ASSEMBLY FLOOR  :  48-24, 5/6/10 - See last page for vote


           SUBJECT  :    Civil rights:  homeless persons

           SOURCE  :     Author


           DIGEST  :    This bill specifically adds homeless persons, as  
          defined, to the list of individuals protected from violence  
          and intimidation under the Ralph Civil Rights Act, thereby  
          providing civil remedies to homeless persons who are  
          injured as a result of such violence.

           Senate Floor Amendments  of 8/17/10 address a chaptering out  
          conflict with AB 1680 (Saldana).

           ANALYSIS  :    Existing law, the Ralph Civil Rights Act,  
                                                           CONTINUED





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          provides that all persons within the jurisdiction of this  
          state have the right to be free from any violence, or  
          intimidation by threat of violence, committed against their  
          persons or property because of personal or other  
          characteristics or statuses, such as political affiliation,  
          sex, race, color, religion, marital status, sexual  
          orientation, or position in a labor dispute.  (Civ. Code  
          Sec. 51.7.)

          Existing law provides that a person who violates the Ralph  
          Civil Rights Act or aids, incites, or conspires in that  
          act, is liable for actual damages suffered by any person  
          denied that right, as well as a civil penalty and  
          attorney's fees.  (Civ. Code Sec. 52(b).)

          Existing law provides that whenever there is reasonable  
          cause to believe that any person or group of persons is  
          engaged in conduct of resistance to the full enjoyment of  
          any of the foregoing rights the Attorney General, any  
          district attorney or city attorney, or any person aggrieved  
          by the conduct may bring a civil action.  (Civ. Code Sec.  
          52(c).)

          Existing law provides that a person whose enjoyment of  
          legal rights has been interfered with, or attempted to be  
          interfered with, may bring a civil action for damages,  
          including injunctive relief, and other appropriate  
          equitable relief.  (Civ. Code Sec. 52.1.)

          This bill provides that the protections and remedies of the  
          Ralph Civil Rights Act include violence or intimidation by  
          threat of violence committed against the person or property  
          because the person is or is perceived to be homeless. 

          This bill defines "homeless person" to mean:  a person who  
          does not have a fixed, regular, and adequate nighttime  
          residence; or a person who has a nighttime residence that  
          constitutes any of the following:  (1) a supervised,  
          publicly or privately operated shelter designated to  
          provide temporary living accommodations, including, but not  
          limited to, welfare hotels, congregate shelters, and  
          transitional housing; (2) an institution that provides a  
          temporary residence for individuals intended to be  
          institutionalized; or (3) a public or private building or  







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          designated area that is not ordinarily designed for, or  
          ordinarily used for, sleeping accommodations for persons.

          This bill provides that this bill shall not be construed to  
          enlarge or diminish an existing legal duty, if any, by an  
          owner of residential rental or commercial property to  
          protect a homeless person from violence, or intimidation by  
          threats of violence, because the homeless person is  
          physically present on the owner's property or other  
          property controlled by the owner incidental to the  
          ownership of the rental property.

           Civil remedies for homeless individuals under the Ralph  
          Civil Rights Act
           
          The Ralph Civil Rights Act of 1976 currently provides that  
          all persons have the right to be free from violence and  
          intimidation by threat of violence based on, among other  
          things, race, religion, ancestry, national origin, and  
          gender.  (Civ. Code Sec. 51.7.)  These rights may be  
          enforced by a private action for damages and equitable  
          relief as well as criminal sanctions for violations.  (Civ.  
          Code Sec. 52.)  In addition, an individual whose legal  
          rights have been interfered with, or attempted to be  
          interfered with, may bring an action for injunctive relief.  
           (Civ. Code Sec. 52.1.)  The Attorney General, or any  
          district attorney, or city attorney may also bring a civil  
          action for injunctive or other equitable relief, and  
          recover civil penalties against the violator.  (Civ. Code  
          Sec. 52.1.)  By establishing these rights and providing  
          access to the courts for their vindication, the Ralph Civil  
          Rights Act was designed to provide important protection for  
          the classes of people covered by the statute, as well as  
          meaningful enforcement of these rights.  In light of the  
          evident increase in violence directed at individuals  
          because they are homeless, this bill would explicitly  
          provide all of these legal rights and remedies to this  
          vulnerable population.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          According to the Senate Appropriations Committee: 








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                          Fiscal Impact (in thousands)

           Major Provisions                2010-11     2011-12     
           2012-13   Fund  
          Increased claims/                                 minor and  
          absorbable workload increase                      General
            investigations

          *Department of Fair Employment and Housing 

           SUPPORT  :   (Verified  8/3/10)

          California Church IMPACT
          California Teachers Association
          City of Long Beach
          Consumer Attorneys of California
          Gramercy Housing Group
          Long Beach Area Coalition for the Homeless
          Los Angeles County Board of Supervisors
          Los Angeles County Supervisor Don Knabe
          Los Angeles Homeless Services Authority
          Mayor Antonio R. Villaraigosa
          Mental Health America of Los Angeles
          National Association of Social Workers, California Chapter
          PATH Partners


           ARGUMENTS IN SUPPORT  :    According to the author's office:

               There are an estimated 157,000 homeless people in  
               California, perhaps the most vulnerable population in  
               the state.  They are more likely to suffer from mental  
               and physical illness, and less likely to receive  
               comprehensive medical treatment.  Even worse, they are  
               the population most likely to be the target of violent  
               attacks.  In the last year alone, homeless people have  
               been set on fire, stabbed, shot, and beaten with  
               baseball bats.  California has the second-highest rate  
               of violence against the homeless in the nation. 

               Young adults, primarily in their teens, are the most  
               common perpetrators of violence against the homeless:   
               43% are between the ages of 13 and 19 and nearly 3 out  
               of 4 of the attackers are under 25.  While the motives  







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               for these attacks are not always clear, it is obvious  
               that many were committed because the victim was  
               homeless or because the homeless are more vulnerable. 

               The perpetrators may perceive the homeless as easy  
               defenseless targets.  They may see the homeless as  
               second-class citizens, unworthy of respect or mercy.   
               These criminals may prey on the homeless because they  
               know the likelihood of suffering legal consequences  
               from their actions is not as high as it would be if  
               they assaulted another member of the community.

          In support Los Angeles County Supervisor, the Honorable Don  
          Knabe writes:

               In the past two years, there have been a number of  
               senseless murders and incidents of violence committed  
               against homeless persons across Los Angeles County.   
               It is clear to me that some criminal acts against the  
               homeless are motivated not only by their  
               vulnerability, but also the perpetrators' disdain and  
               disrespect for them simply because they are homeless.   
               If enacted into law, AB 2706 will affirm the right of  
               homeless individuals to seek justice if an act of  
               violence was committed against them because of their  
               status as a homeless individual.  I believe this  
               legislation is the right thing to do.  It will help  
               protect a vulnerable population, and also continue to  
               promote a better understanding of the plight of the  
               homeless across our communities, and ultimately stop  
               the violence.


           ASSEMBLY FLOOR  :  
          AYES:  Ammiano, Arambula, Beall, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,  
            Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Hall,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu,  
            Bonnie Lowenthal, Ma, Monning, Nava, V. Manuel Perez,  
            Portantino, Ruskin, Salas, Saldana, Skinner, Solorio,  
            Swanson, Torlakson, Torres, Torrico, Yamada, John A.  
            Perez
          NOES:  Adams, Anderson, Bill Berryhill, Tom Berryhill,  







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            Blakeslee, Conway, DeVore, Fuller, Gaines, Garrick,  
            Hagman, Harkey, Jeffries, Knight, Logue, Miller,  
            Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra  
            Strickland, Villines
          NO VOTE RECORDED:  Bass, Block, Cook, Emmerson, Gilmore,  
            Mendoza, Tran 


          RJG:nl  8/18/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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