BILL NUMBER: SB 782	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 31, 2009

INTRODUCED BY   Senator Yee

                        FEBRUARY 27, 2009

    An act to amend Sections 26840.7 and 26840.8 of the
Government Code, and to amend Sections 18293 and 18305 of the Welfare
and Institutions Code, relating to domestic violence, and making an
appropriation therefor.   An act to add Section 1161.3
to the Code of Civil Procedure, relating to unlawful detainer. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 782, as amended, Yee.  Domestic violence: marriage
license fees.   Residential tenancies: domestic
violence.  
   Existing law governs the hiring of real property based on the
terms of the agreement, or on the behavior of the parties. Under
existing law, a tenant may notify the landlord in writing that he or
she, or a household member, was a victim of an act of domestic
violence, sexual assault, or stalking, and intends to terminate the
tenancy. The tenant is released from any rent payment obligation 30
days following the giving of the notice, or as specified. 
    Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer of a premises, and includes
committing nuisance in this regard. Existing law provides, until
January 1, 2012, for the purposes of the law of unlawful detainer,
that if a person commits any   specified act or acts of
domestic violence, sexual assault, or stalking against another tenant
or subtenant on the premises, there is a rebuttable presumption
affecting the burden of proof that the person has committed a
nuisance on the premises if the victim or a member of the victim's
household has not vacated the premises.  
   This bill would create a defense to an action for possession under
the unlawful detainer provisions described above if the court
determines that (1) the tenant or the tenant's household member is a
victim of an act or acts that constitute domestic violence, sexual
assault, or stalking, and (2) the notice to vacate is substantially
based upon the act or acts against the tenant or a tenant's household
member that constitute domestic violence, sexual assault, or
stalking, including, but not limited to, an action for possession
based on complaints of noise, disturbances, or repeated presence of
police. The bill would require a landlord to retain in strictest
confidence all information regarding any act or acts of domestic
violence, sexual assault, or stalking that is received in confidence
from a tenant or a tenant's household member who is a victim, except
as specified.  
   Existing law requires the collection of a fee in addition to the
basic fee for the issuance of a marriage license and for the issuance
of an authorization for the performance of marriages without a
license, in the amount of $23, for funding of domestic violence
shelter-based programs, to be disposed of by the county clerk under
specified provisions, including a requirement that $4 be used, to the
extent feasible, to develop and expand domestic violence centers to
target underserved areas and populations.  
   This bill would increase the fee required to be collected for
domestic violence centers to $30 and would require $6 of that amount
to be allocated to develop and expand shelter-based programs to
target underserved areas and populations to the extent feasible.
 
   This bill would result in a change in state taxes for the purpose
of increasing state revenues within the meaning of Section 3 of
Article XIII A of the California Constitution, and thus would require
for passage the approval of 2/3 of the membership of each house of
the Legislature. By providing for the expenditure of state tax
revenue, this bill would make an appropriation. 
   Vote:  2/3   majority  . Appropriation:
 yes   no  . Fiscal committee:  yes
  no  . State-mandated local program: no.


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

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Domestic violence is a widespread problem impacting one in
three households in the United States in all communities.  
   (b) Safe housing for domestic violence victims is essential for
safe recovery.  
   (c) Countless studies demonstrate that stable, safe housing is a
public safety issue, a critical element of ensuring the safety of
domestic violence and stalking victims.  
   (d) Landlords may evict domestic violence and stalking victims
based upon complaints of noise, fighting, or repeated visits from the
police to a victim's residence, even though they are results of
crimes committed against the victim.  
   (e) Domestic violence and stalking victims should not lose their
housing because they are being abused and should not be forced to
leave their homes in order to report abuse.  
   (f) The United States government and many states, cities, and
counties already have enacted comprehensive tenants' rights
protections for victims of domestic violence and stalking. 
   SEC. 2.    Section 1161.3 is added to the  
Code of Civil Procedure   , to read:  
   1161.3.  (a) It shall be a defense to an action for possession
under paragraph (4) of Section 1161 if the court makes both of the
following determinations:
   (1) The tenant or the tenant's household member is a victim of an
act or acts that constitute domestic violence, sexual assault, or
stalking.
   (2) The notice to vacate is substantially based upon the act or
acts against the tenant or a tenant's household member that
constitute domestic violence, sexual assault, or stalking, including,
but not limited to, an action for possession based on complaints of
noise, disturbances, or repeated presence of police.
   (b) In making the determinations under subdivision (a), the court
shall consider evidence, which may include, but is not limited to,
any of the following:
   (1) A copy of a temporary restraining order or emergency
protective order issued pursuant to Part 3 (commencing with Section
6240), Part 4 (commencing with Section 6300), or Part 5 (commencing
with Section 6400) of the Family Code, Section 136.2 of the Penal
Code, Section 213.5 of the Welfare and Institutions Code, or Section
527.6 of this 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 tenant's household member has
filed a report alleging that he or she is a victim of domestic
violence, sexual assault, or stalking.
   (3) Other written documentation from a qualified third party of
the act or acts constituting domestic violence, sexual assault, or
stalking.
   (c) If two or more cotenants are parties seeking relief under
subdivision (a), and each alleges that he or she was a victim of
domestic violence, sexual assault, or stalking perpetrated by another
cotenant who is also a party, the court may determine whether a
tenant acted as the dominant aggressor in the act or acts
constituting domestic violence, sexual assault, or stalking. In
making the determination, the court shall consider the factors listed
in paragraph (1) of subdivision (b) of Section 13701 of the Penal
Code. A tenant who the court determines was the dominant aggressor in
the act or acts constituting domestic violence, sexual assault, or
stalking is not entitled to relief under subdivision (a).
   (d) Unless the tenant or the tenant's household member has
obtained a protective order against the alleged abuser to vacate or
stay away from the dwelling unit as a result of an act or acts
constituting domestic violence, sexual assault, or stalking against
the tenant or the tenant's household member, the tenant may not
obtain relief under subdivision (a) if all of the following apply:
   (1) The tenant was granted relief against the landlord under
subdivision (a) in an action for possession of the dwelling unit
within the previous five years.
   (2) A subsequent action for possession of the dwelling unit has
now been filed.
   (3) The notice to vacate in the subsequent action for possession
is substantially based upon continuing acts constituting domestic
violence, sexual assault, or stalking by the same person alleged to
be the abuser in the previous action for possession.
   (e) For the purposes of this section:
   (1) "Household member" means a member of the tenant's family who
lives in the same household as the tenant.
   (2) "Protective order" means a temporary restraining order or
emergency protective order issued pursuant to Part 3 (commencing with
Section 6240), Part 4 (commencing with Section 6300), or Part 5
(commencing with Section 6400) of the Family Code, Section 136.2 of
the Penal Code, Section 213.5 of the Welfare and Institutions Code,
or Section 527.6 of this code, that protects the tenant or household
member from further acts of domestic violence, sexual assault, or
stalking.
   (3) "Qualified third party" means a peace officer or victim
advocate employed by a state or local law enforcement agency, a
licensed clinical social worker (LCSW), or a marriage and family
therapist (MFT), acting in his or her official capacity.
   (4) "Victim of domestic violence, sexual assault, or stalking"
means any person who has been, or is currently being, subjected to
one or more of the following:
   (A) Domestic violence, as defined in Section 6211 of the Family
Code or Section 13700 of the Penal Code.
   (B) Sexual assault, as defined in Section 261, 261.5, 262, 286,
288a, or 289 of the Penal Code.
   (C) Stalking, as defined in Section 1708.7 of this code or Section
646.9 of the Penal Code.
   (5) "Written documentation from a qualified third party" means a
document signed and dated within the preceding 60 days by a qualified
third party stating all of the following:
   (A) That the tenant notified the qualified third party that he or
she was a victim of domestic violence, sexual assault, or stalking.
   (B) The time, date, and location of the act or acts that
constitute the domestic violence, sexual assault, or stalking.
   (C) That the tenant informed the qualified third party of the name
of the alleged perpetrator of the act or acts of domestic violence
or stalking, if known to the victim.
   (f) Nothing in this section shall be construed to affect the
tenant's liability for delinquent rent or other sums owed to the
landlord, or the landlord's remedies in recovering against the tenant
for those sums.
   (g) A landlord shall retain in strictest confidence all
information regarding any act or acts of domestic violence, sexual
assault, or stalking that is received in confidence from a tenant or
a tenant's household member who is a victim, except to the extent
that disclosure is necessary to provide for a reasonable
accommodation for the victim or is otherwise required pursuant to
federal, state, or local law. The victim may authorize limited or
general release of any information otherwise deemed confidential
under this subdivision.  
  SECTION 1.    Section 26840.7 of the Government
Code is amended to read:
   26840.7.  In addition to the fee prescribed by Section 26840 and
as authorized by Section 26840.3, the county clerk shall collect a
fee of thirty dollars ($30) at the time of issuance of the license.
The fee shall be disposed of by the clerk pursuant to Chapter 5
(commencing with Section 18290) of Part 6 of Division 9 of the
Welfare and Institutions Code. Of this amount, six dollars ($6) shall
be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.  
  SEC. 2.    Section 26840.8 of the Government Code
is amended to read:
   26840.8.  In addition to the fee prescribed by Section 26840.1 and
as authorized by Section 26840.3, the person issuing an
authorization for the performance of a marriage pursuant to Part 4
(commencing with Section 500) of Division 3 of the Family Code or the
county clerk, upon providing a blank authorization form pursuant to
Part 4 (commencing with Section 500) of Division 3 of the Family
Code, shall collect a fee of thirty dollars ($30) at the time of
providing the authorization. The fee shall be disposed of pursuant to
Chapter 5 (commencing with Section 18290) of Part 6 of Division 9 of
the Welfare and Institutions Code. Of this amount, six dollars ($6)
shall be used, to the extent feasible, to develop or expand domestic
violence shelter-based programs to target underserved areas and
populations.  
  SEC. 3.    Section 18293 of the Welfare and
Institutions Code is amended to read:
   18293.  (a) In order to be eligible for funding pursuant to this
chapter, a domestic violence shelter-based program shall demonstrate
its ability to receive and make use of any funds available from
governmental, voluntary, philanthropic, or other sources that may be
used to augment any state or county funds appropriated for the
purposes of this chapter. Each domestic violence shelter-based
program shall make every attempt to qualify the domestic violence
shelter-based program for any available federal funding.
   (b) No provision of this section is intended to prohibit domestic
violence shelter-based programs receiving funds pursuant to this
chapter from receiving additional funds from any other public or
private source. Funds provided pursuant to this chapter shall not be
used to reduce the financial support from other public or private
sources.
   (c) Proposed or existing domestic violence shelter-based programs
that meet the requirements set forth in Section 18294, shall receive
funding pursuant to this chapter upon the approval of the local board
of supervisors.
   (d) Funding shall be given to agencies and organizations whose
primary function is to administer domestic violence shelter-based
programs. Any additional fees received by Alameda County, Contra
Costa County, Solano County, and the City of Berkeley at the time of
issuance of a marriage license pursuant to Sections 18308, 18309, and
18309.5, that are in excess of the thirty dollar ($30) fee collected
pursuant to this act, shall be available to that city or county for
funding domestic violence programs other than domestic violence
shelter-based programs.
   (e) Prior to approving a domestic violence shelter-based program
or programs for this funding, the board shall consult with
individuals and groups that have expertise in the problems of
domestic violence and in the operation of domestic violence
shelter-based programs including operations of existing domestic
violence shelter-based programs.
   (f) Upon approving one or more domestic violence shelter-based
programs for funding, the board shall direct the county treasurer to
disburse moneys from the county's domestic violence shelter-based
program special fund and for funding, the board shall designate a
local agency to monitor the domestic violence shelter-based program
or programs. This monitoring shall include information regarding the
number of persons requesting services, the number of persons
receiving services according to the type of services provided, and
the need, if any, for additional services or staffing.
   (g) Programs that receive funding through this chapter shall, to
the extent feasible, provide services to persons with a physical
disability who are victims of domestic violence. If the program
cannot provide the services, then the program's staff, to the extent
feasible, shall assist in referring the person with a physical
disability to other programs and services in the community where
assistance may be obtained.
   (h) The process to determine eligibility of a domestic violence
shelter-based program to receive funding pursuant to this chapter
shall have as its primary purpose to ascertain that the program meets
the service requirements of Section 18294. The process shall be
expedient and shall include a mechanism for annual recertification.
   (i) Funding obtained pursuant to this chapter is for the
unrestricted use of a recipient domestic violence shelter-based
program, and may be used for direct and indirect costs. 

  SEC. 4.    Section 18305 of the Welfare and
Institutions Code is amended to read:
   18305.  (a) At the time of issuance of a marriage license pursuant
to Section 26840 of the Government Code, thirty dollars ($30) of
each fee paid shall be collected by the county clerk for deposit into
the county domestic violence shelter-based programs special fund.
The fees collected in this special fund shall be disbursed to
approved domestic violence shelter-based programs on a yearly or more
frequent basis commencing July 1, 1980. The funds shall be disbursed
using a request for qualification (RFQ) process.
   (b) The board of supervisors shall direct the county clerk to
deposit thirty dollars ($30) of each fee into the county domestic
violence shelter-based programs special fund. The county domestic
violence shelter-based programs special fund shall fund domestic
violence shelter-based programs established pursuant to Section
18304. Six dollars ($6) of each thirty dollars ($30) deposited into
the county domestic violence shelter-based programs special fund
shall be used, to the extent feasible, to support or expand domestic
violence shelter-based programs to target underserved areas and
populations. No more than 8 percent of the funds shall be expended
for the administrative costs associated with the collection and
segregation of the additional marriage license fees, administration
of the county domestic violence shelter-based programs special fund,
monitoring of the domestic violence shelter-based programs, and
meeting the other administrative requirements imposed by this
chapter. Counties that do not participate in the establishing or
funding of domestic violence shelter-based programs pursuant to this
chapter shall be entitled to retain up to 4 percent of the funds for
the administrative costs associated with the collection and
segregation of the additional marriage license fees and the deposit
of these fees in the county domestic violence shelter-based programs
special fund.