BILL NUMBER: AB 1800	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 14, 2010
	AMENDED IN ASSEMBLY  APRIL 15, 2010
	AMENDED IN ASSEMBLY  MARCH 16, 2010

INTRODUCED BY   Assembly Members Ma and Hagman

                        FEBRUARY 10, 2010

   An act to amend Section 602.9 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1800, as amended, Ma. Unlawful rental of residential dwelling:
 felony or misdemenaor.   penalties. 
   Existing law makes it a misdemeanor, punishable as specified, for
any person to claim ownership or claim or take possession of, or
cause another to enter or remain in, a residential dwelling for the
purpose of renting or leasing the dwelling to another without the
consent of the owner or the owner's lawful agent.
   This bill would  instead make that crime a felony or a
misdemeanor   increase the misdemeanor penalties for
this offense, as specified  . Because this bill would change the
penalty for a crime, it would create a state-mandated local program.

   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.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 602.9 of the Penal Code is amended to read:
   602.9.  (a) Except as provided in subdivision (c), any person who,
without the owner's or owner's agent's consent, claims ownership or
claims or takes possession of a residential dwelling for the purpose
of renting that dwelling to another is guilty of a  felony or
a  misdemeanor  punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding two thousand
five hundred dollars ($2,500), or by both that imprisonment and fine
 . Each violation is a separate offense.
   (b) Except as provided in subdivision (c), any person who, without
the owner's or owner's agent's consent, causes another person to
enter or remain in any residential dwelling for the purpose of
renting that dwelling to another, is guilty of a  felony or a
 misdemeanor  punis   hable by imprisonment in
a county jail not exceeding one year, or by a fine not exceeding two
thousand five hundred dollars ($2,500), or by both that imprisonment
and fine  . Each violation is a separate offense.
   (c) This section does not apply to any tenant, subtenant, lessee,
sublessee, or assignee, nor to any other hirer having a lawful
occupancy interest in the residential dwelling. 
   (d) Nothing in this section shall preclude the prosecution of a
person under any other applicable provision of law.  
   (e) It is the intent of the Legislature that this section shall
not preclude, and has never precluded, the prosecution of a person on
grand theft or fraud charges. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.