Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1513


Introduced by Assembly Member Fox

January 15, 2014


An act to addbegin delete Sectionend deletebegin insert Sectionsend insert 1160.5begin insert and 1160.6end insert to the Code of Civil Procedure, relating to residential property.

LEGISLATIVE COUNSEL’S DIGEST

AB 1513, as amended, Fox. Residential property: possession bybegin delete forceend deletebegin insert declarationend insert.

begin insert

Existing law allows a plaintiff, upon motion, to have immediate possession of the premises of a manufactured home, mobilehome, or real property by a writ of possession issued by a court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons.

end insert
begin insert

This bill would allow a property owner, or an agent of the property owner, to execute, under penalty of perjury, a Declaration of Ownership of Residential property or an Unauthorized Occupant Declaration. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

end insert
begin insert

This bill would allow a property owner, or an agent of the property owner, to file the Declaration of Ownership of Residential property or Unauthorized Occupant Declaration with the district attorney of the jurisdiction in which the property is located and to submit either declaration to a local law enforcement agency. The bill would require a local law enforcement agency to enforce the declaration as an order for immediate possession of the premises, as specified. By imposing new duties on local agencies this bill would create a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert
begin delete

Under existing law, a person who by force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether acquired peaceably or otherwise, is guilty of a forcible detainer. Existing law also establishes the criteria for determining when a tenant is guilty of an unlawful detainer of a premises.

end delete
begin delete

This bill would provide that a person who knowingly holds and occupies any residential property, owned or managed by another, by force or threats of violence, or knowingly enters residential property without the property owner’s express written permission and refuses or fails to leave the property after being requested to leave by the owner or agent of the owner is guilty of a felony punishable pursuant to existing law.

end delete
begin delete

By creating new crimes this bill would impose a state-mandated local program.

end delete
begin delete

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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1160.5 is added to the end insertbegin insertCode of Civil
2Procedure
end insert
begin insert, to read:end insert

begin insert
3

begin insert1160.5.end insert  

A property owner, or an agent of the property owner,
4may execute the following “Declaration of Ownership” and file
5it with the district attorney of the jurisdiction in which the property
6is located. The property owner, or the agent of the property owner,
7shall post the declaration on the unoccupied residential property
8listed in the declaration. The property owner, or the agent of the
9property owner, may also submit the declaration to a local law
10enforcement agency that shall enforce the declaration as an order
11for immediate possession of the premises pursuant to Section 1166a
12of the Code of Civil Procedure.

13
14“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL
15PROPERTY

16I, ____________________, declare and state: I make this
17declaration based upon my own personal knowledge.

181. I am the owner___, or the agent of the owner___(check one),
19of the residential property located at _____________________,
20California (“Property”).

212. Submitted with this declaration, and incorporated herein by
22reference, is a true and correct copy of the deed by which I
23obtained ownership of the Property.

243. Since obtaining ownership of the Property, no ownership
25interest in the Property has been conveyed or transferred to any
26other person or entity.

274. At the time of obtaining ownership of the Property, no person
28was occupying the Property and no ownership interest or right of
29possession in the Property has been conveyed or transferred to
30any other person or entity.

315. As of the present date, there are no persons authorized by
32me or my agent to reside within the Property. Any persons residing
33on this Property are doing so without any express or implied
34authorization from me or my agent.

356. I have not entered into any form of lease arrangement, rental
36agreement, or given any consent whatsoever to any persons to
37reside within the Property.

P4    17. I will advise the district attorney if there is any change in the
2status of the Property and an occupancy is authorized by me or
3my agent.

48. I declare under penalty of perjury that the foregoing is true
5and correct.

6EXECUTED on _________________________________, at
7_______________________, California”

end insert
8begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1160.6 is added to the end insertbegin insertCode of Civil Procedureend insertbegin insert,
9to read:end insert

begin insert
10

begin insert1160.6.end insert  

A property owner, or an agent of the property owner,
11may execute the following “Unauthorized Occupant Declaration”
12and file it with the district attorney of the jurisdiction in which the
13property is located. The property owner, or the agent of the
14property owner, may also submit the declaration to a local law
15enforcement agency that shall enforce the declaration as an order
16for immediate possession of the premises pursuant to Section 1166a
17of the Code of Civil Procedure.

18
19“UNAUTHORIZED OCCUPANT DECLARATION

20I, ____________________, declare and state: I make this
21declaration based upon my own personal knowledge.

221. I am the owner___, or the agent of the owner___ (check one),
23of the residential property located at _____________________,
24California (“Property”).

252. Submitted with this Declaration, and incorporated herein by
26reference, is a true and correct copy of the deed by which I
27obtained ownership of the Property.

283. At the time of obtaining ownership of the Property, no person
29was occupying the Property and no ownership interest or right of
30possession in the Property has been conveyed or transferred to
31any other person or entity.

324. I have never entered into any form of lease arrangement,
33rental agreement, or given any consent whatsoever to the persons
34(“Subject Persons”) to reside within the Property.

355. As of the present date, there are Subject Persons present
36within, and asserting possession of, the Property.

376. The Subject Persons are residing within the Property without
38my consent and are unknown to me.

P5    17. I have requested the Subject Persons to remove themselves
2and their personal property from the Property on the following
3occasions and in the following means:

4A. __________________________________________________________________________

5B. __________________________________________________________________________

6C. __________________________________________________________________________

7D. __________________________________________________________________________

88. Notwithstanding the efforts described above, the Subject
9Persons have refused to vacate the Property and to remove their
10personal property from the Property.

119. I have been advised and understand that Section 148.5 of the
12Penal Code Section makes it a crime to falsely report a
13misdemeanor or felony to a peace officer and that I will be
14committing a crime under that section if the statements made within
15this declaration are known to be false.

1610. I declare under penalty of perjury that the foregoing is true
17and correct.

18EXECUTED on _____________________________________,
19at _______________________, California”

end insert
20begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution for certain
22costs that may be incurred by a local agency or school district
23because, in that regard, this act creates a new crime or infraction,
24eliminates a crime or infraction, or changes the penalty for a crime
25or infraction, within the meaning of Section 17556 of the
26Government Code, or changes the definition of a crime within the
27meaning of Section 6 of Article XIII B of the California
28Constitution.

end insert
begin insert

29However, if the Commission on State Mandates determines that
30this act contains other costs mandated by the state, reimbursement
31to local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.

end insert
begin delete34

SECTION 1.  

Section 1160.5 is added to the Code of Civil
35Procedure
, to read:

36

1160.5.  

A person who does either of the following is guilty of
37a felony punishable pursuant to subdivision (h) of Section 1170
38of the Penal Code:

39(a) Knowingly holds and occupies any residential property,
40owned or managed by another, by force or threats of violence.

P6    1(b) Knowingly enters residential property without the property
2owner’s express written permission and refuses or fails to leave
3the residential property after being requested to leave by the
4property owner or agent of the owner.

end delete
begin delete
5

SEC. 2.  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.

end delete


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