BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
SB 1351 (De León)
Version: February 19, 2016
Hearing Date: April 26, 2016
Fiscal: No
Urgency: No
ME
SUBJECT
Property ownership
DESCRIPTION
Existing law and the California Constitution provide for equal
property rights for citizens and noncitizens. This bill would
remove the term of "alien" from the statutory provision that
provides for equal property rights for all people regardless of
citizenship status.
BACKGROUND
Since the earliest days of California's history, there have been
equal property rights for citizens and noncitizens.
California's recent history has been one of inclusion and
respect for immigrants. Last year, the author of this measure
sponsored a historic package of ten bills to empower immigrants
in California. This package of bills was referred to as
"Immigrants Shape California." All ten bills were signed into
law. Also last year, the Legislature passed and the Governor
signed a measure into law that deleted the definition of "alien"
from the Labor Code to describe non-citizens.
This bill would replace the word "alien," an outdated term for a
person not born in or naturalized in the United States of
America, with the word "noncitizen" in the Civil Code section
that provides that there are equal property rights for all
regardless of immigration status. This change does not alter
the substance of the statute.
SB 1351 (De León)
Page 2 of ?
CHANGES TO EXISTING LAW
Existing law provides for equal property rights for both
citizens and noncitizens. (Cal. Const., art. 1, Sec. 20.)
Existing law states that any person, whether citizen or alien,
may take, hold, and dispose of property, real or personal,
within this State. (Civ. Code sec. 671)
This bill would replace the word "alien" with the word
"noncitizen" in the above provision.
COMMENT
1. Stated need for bill
According to the author:
The word "alien" is antiquated terminology placed in Civil
Code in the 1870s. Although the statute intended to
unequivocally state that citizens and aliens both have
property rights, it also sought to differentiate citizens
from "aliens," or noncitizens. The word "alien" today
carries negative connotations of otherness that California
has sought to disavow in recent years in order to affirm
its commitment to full immigrant integration.
"Noncitizen" is a more appropriate term that more
accurately identifies the population that this statute
references.
Many measures in recent years have sought to replace the
word alien or completely eliminate the citizenship
differentiation if unnecessarily mentioned in the law.
This measure seeks to do the same.
2. California's public policy is to respect immigrants
California's recent history has been one of inclusion and
respect for immigrants. While Congress fails to pass
comprehensive immigration reform, California has exercised its
state power to protect immigrants who are caught in limbo due to
Washington's inaction. Last year, the author of this measure
sponsored a historic package of ten bills to empower immigrants
in California. This package of bills was referred to as
SB 1351 (De León)
Page 3 of ?
"Immigrants Shape California." All ten bills were signed into
law by Governor Jerry Brown.
In California, all employment protections, rights, and remedies
available under state law (except as prohibited by federal law)
are available to all people regardless of immigration status.
(Lab. Code Sec. 1171.5, Civ. Code Sec. 3339, Gov. Code Sec.
7285, Health & Saf. Code Sec. 24000.)
Last year, the legislature passed and the Governor signed SB 432
(Mendoza, Ch. 160, Stats. 2015) into law. It was a measure that
deleted the definition of "alien" in the Labor Code to describe
noncitizens.
Support : Coalition for Humane Immigrant Rights of Los Angeles
(CHIRLA)
Opposition : None Known
HISTORY
Source : Author
Related Pending Legislation : None Known
Prior Legislation :
SB 432 (Mendoza, Chapter 160, Statutes of 2015) See Comment 2.
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