BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2706| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 2706 Page 2 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 AB 2706 Page 3 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: AB 2706 Page 4 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 AB 2706 Page 5 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, AB 2706 Page 6 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 **** END ****