BILL NUMBER: SB 1989	CHAPTERED
	BILL TEXT

	CHAPTER   645
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1998
	APPROVED BY GOVERNOR   SEPTEMBER 20, 1998
	PASSED THE SENATE   AUGUST 17, 1998
	PASSED THE ASSEMBLY   AUGUST 6, 1998
	AMENDED IN ASSEMBLY   JULY 27, 1998
	AMENDED IN ASSEMBLY   JULY 1, 1998
	AMENDED IN ASSEMBLY   JUNE 22, 1998
	AMENDED IN ASSEMBLY   JUNE 17, 1998
	AMENDED IN SENATE   MAY 5, 1998
	AMENDED IN SENATE   APRIL 14, 1998
	AMENDED IN SENATE   MARCH 24, 1998

INTRODUCED BY   Senator Polanco

                        FEBRUARY 19, 1998

   An act to add Section 2079.10a to the Civil Code, relating to real
property disclosure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1989, Polanco.  Real property disclosure:  registered sex
offenders.
   Existing law requires the seller or lessor of residential real
property, or the agents thereof, to make certain disclosures about
the property.
   This bill would require written leases and rental agreements for
residential real property and contracts for sale of residential real
property entered into on or after July 1, 1999, to contain a
specified notice regarding the data base maintained by law
enforcement authorities, as specified, with the locations of
registered sex offenders.  This bill would provide that, upon
delivery of the notice, the lessor, seller, or broker is not required
to provide additional information regarding the proximity of
registered sex offenders, and that a registered sex offender may not
bring any cause of action against the disclosing party.


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


  SECTION 1.  Section 2079.10a is added to the Civil Code, to read:
   2079.10a.  (a) Every lease or rental agreement for residential
real property and every contract for sale of real property, including
a real property sales contract as defined in Section 2985, for
residential real property comprising one to four dwelling units,
shall contain, in not less than eight-point type, the following
notice:

   Notice:  The California Department of Justice, sheriff's
departments, police departments serving jurisdictions of 200,000 or
more and many other local law enforcement authorities maintain for
public access a data base of the locations of persons required to
register pursuant to paragraph (1) of subdivision (a) of Section
290.4 of the Penal Code.  The data base is updated on a quarterly
basis and a source of information about the presence of these
individuals in any neighborhood.  The Department of Justice also
maintains a Sex Offender Identification Line through which inquiries
about individuals may be made.  This is a "900" telephone service.
Callers must have specific information about individuals they are
checking.  Information regarding neighborhoods is not available
through the "900" telephone service.

   (b) Subject to subdivision (c), upon delivery of the notice to the
lessee or transferee of the real property, the lessor, seller, or
broker is not required to provide information in addition to that
contained in the notice regarding the proximity of registered sex
offenders.  The information in the notice shall be deemed to be
adequate to inform the lessee or transferee about the existence of a
statewide data base of the locations of registered sex offenders and
information from the data base regarding those locations.  The
information in the notice shall not give rise to any cause of action
against the disclosing party by a registered sex offender.
   (c) Notwithstanding subdivisions (a) and (b), nothing in this
section shall alter any existing duty of the lessor, seller, or
broker under any other statute or decisional law including, but not
limited to, the duties of a lessor, seller, or broker under this
article, or the duties a seller or broker under Article 1.5
(commencing with Section 1102) or Chapter 2 of Title 4 of Part 4 of
Division 2.
   (d) Subdivision (a) of this section shall apply only to written
agreements and contracts that are entered into by the parties on or
after July 1, 1999.