BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1513 (Fox) - Residential property: possession by declaration.
Amended: July 1, 2014 Policy Vote: Public Safety 6-1
Urgency: No Mandate: Yes
Hearing Date: August 4, 2014
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1513 would enact a three-year pilot project in
the cities of Palmdale, Lancaster, and Ukiah to facilitate
enforcement of criminal trespassing laws, as specified.
Fiscal Impact:
Non-reimbursable local enforcement costs, offset to a
degree by fine revenue for misdemeanor violations of the
provisions of this measure.
Ongoing non-reimbursable local law enforcement agency costs
to process registrations and conduct inspections, to be
offset by the authority to establish fees for these
activities.
Likely minor one-time state-reimbursable costs (General
Fund) for pilot project cities to set up the program and
registration system.
Unknown, ongoing state-reimbursable costs potentially in
excess of $50,000 (General Fund) for law enforcement to
complete specified tasks upon being notified that an
unauthorized person is found on a property, including
verifying the property was inspected and found to be vacant,
and ascertaining the identity of any person found on the
property. Costs would be dependent on the number of
notifications required to be responded to and the number of
persons present on the properties.
Background: Existing law provides that every person other than a
public officer or employee acting within the course and scope of
his or her employment in performance of a duty imposed by law,
who enters or remains in any noncommercial dwelling, house,
apartment, or other residential place without consent of the
owner, his or her agent, or the person in lawful possession
thereof, is guilty of a misdemeanor. (Penal Code § 602.5(a).)
AB 1513 (Fox)
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This bill would create an expedited process for removing alleged
trespassers from residential property.
Proposed Law: This bill would enact a three-year pilot project
until January 1, 2018, in the Cities of Palmdale and Lancaster
in Los Angeles County, and the City of Ukiah in the County of
Mendocino, to facilitate enforcement of criminal trespassing
laws, as follows:
Authorizes the owner of vacant real property, or his or
her agent, to register vacant property with the local law
enforcement agency using a specified form.
Requires the registration to be signed under penalty of
perjury and state that the property is vacant and is not
authorized to be occupied by any person.
Requires the registration to include contact information
for the owner and a statement that either local law
enforcement or a licensed private security services company
has been retained to comply with the inspection and
reporting provisions of this section, together with a copy
of any agreement or contract to perform those services.
Requires the owner or owner's agent to immediately
notify the law enforcement agency where the property is
registered and terminate the registration in the following
circumstances:
o Issuance of a written authorization to a
person to occupy the property.
o Upon the sale of the vacant property.
Requires the local law enforcement agency or licensed
private security services company to inspect the vacant
property not less than once every three days and
immediately notify the law enforcement agency with which
the property is registered if any unauthorized person is
found on the property.
Requires the local city council or board of supervisors
to establish fees for registering a vacant property with
the local law enforcement agency and for the conduct of
inspections by the law enforcement agency.
Requires the law enforcement agency where the property
is registered to respond as soon as practicable and do the
following:
o Verify the property was inspected within the
last three days and found to be vacant.
o Ascertain the identity of any person found on
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the property.
o Require a person found on the property to
produce written authorization to be on the property.
o Notify any person who does not produce written
authorization that he or she has 48 hours to obtain
written authorization from the owner or owner's agent,
or will be subject to arrest for trespass if the
person is subsequently found on the property without
that authorization.
o Verify with the owner or owner's agent that
the property is vacant.
Authorizes the owner or owner's agent to file an action
for a temporary restraining order (TRO) and injunctive
relief against any person who is found on the vacant
property not less than 48 hours after than person has been
notified.
Provides that a person subject to a TRO or an injunction
is subject to arrest and imprisonment for trespass.
Provides that the court may order a hearing on a TRO
within three days following service, as specified.
Provides that the provisions of this bill apply only to
one-unit to four-unit residences in the Cities of Palmdale
and Lancaster in the County of Los Angeles and the City of
Ukiah in the County of Mendocino.
Provides that these provisions shall remain in effect
until January 1, 2018, unless a later enacted statute
deletes or extends that date.
Related Legislation: SB 1295 (Block) 2014 would extend from six
months to 12 months the time in which a property owner may
authorize a peace officer to arrest a trespasser on private
property, closed to the public and posted as being closed,
without the owner of the property being present, and provides
that a request for assistance shall expire upon transfer of
ownership of the property or upon change of the person in lawful
possession. This bill is pending a vote on the Assembly Floor.
AB 1686 (Medina) 2014 would provide that where the owner,
owner's agent, or person in lawful possession of land or a
structure that is not open to the public, and posted as such,
requests law enforcement assistance in demanding that
trespassers leave the property, the request shall remain valid
for one year. This bill is pending a vote on the Senate Floor.
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Staff Comments: This bill would result in ongoing costs
throughout the pilot period to local law enforcement agencies in
the three pilot cities to process registrations and conduct
inspections. These costs would be offset by the authority to
establish fees for these activities. The agencies would also
incur likely minor one-time state-reimbursable costs (General
Fund) to set up the program and registration system.
This bill requires law enforcement agencies to respond as soon
as practicable after being notified that an unauthorized person
is found on a property, and requires the responding officer to
do specified tasks, which include verifying the property was
inspected within the last three days and found to be vacant,
ascertaining the identity of any person found on the property,
notifying any person who does not produce written authorization
that he or she has 48 hours to obtain written authorization or
will be subject to arrest for trespass if the person is
subsequently found on the property without authorization, and
verifying with the owner that the property is vacant. Costs
would be dependent on the number of incidences required to be
responded to and the number of persons present on the
properties. Because law enforcement is not authorized to
establish fees or charges for these activities in the bill, and
the volume of mandated law enforcement responses is unknown,
this bill could result in state-reimbursable costs of an unknown
amount that could exceed $50,000 (General Fund) between the
three pilot cities.
Recommended Amendments: To address the state-reimbursable
mandate on law enforcement agencies, staff recommends an
amendment to provide fee authority for all activities required
of law enforcement agencies specified in subdivision (f) of Code
of Civil Procedure § 527.11, as follows:
On page 6, in line 31, strike "section", and insert:
section, including all activities conducted by the law
enforcement agency pursuant to subdivision (f).
Fiscal Impact: (as proposed to be amended):
Non-reimbursable local enforcement costs, offset to a
degree by fine revenue for misdemeanor violations of the
provisions of this measure.
Ongoing non-reimbursable local law enforcement agency costs
to process registrations, conduct inspections, and perform
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other duties upon notification of trespassing on a property,
to be offset by the authority to establish fees for all
activities.
Likely minor one-time state-reimbursable costs (General
Fund) for pilot project cities to set up the program and
registration system.