BILL ANALYSIS
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THIRD READING
Bill No: AB 2706
Author: Lowenthal (D), et al
Amended: 8/17/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 6/15/10
AYES: Corbett, Hancock, Leno
NOES: Harman, Walters
SENATE APPROPRIATIONS COMMITTEE : 7-3, 8/2/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Ashburn, Emmerson, Wyland
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 48-24, 5/6/10 - See last page for vote
SUBJECT : Civil rights: homeless persons
SOURCE : Author
DIGEST : This bill specifically adds homeless persons, as
defined, to the list of individuals protected from violence
and intimidation under the Ralph Civil Rights Act, thereby
providing civil remedies to homeless persons who are
injured as a result of such violence.
Senate Floor Amendments of 8/17/10 address a chaptering out
conflict with AB 1680 (Saldana).
ANALYSIS : Existing law, the Ralph Civil Rights Act,
CONTINUED
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provides that all persons within the jurisdiction of this
state have the right to be free from any violence, or
intimidation by threat of violence, committed against their
persons or property because of personal or other
characteristics or statuses, such as political affiliation,
sex, race, color, religion, marital status, sexual
orientation, or position in a labor dispute. (Civ. Code
Sec. 51.7.)
Existing law provides that a person who violates the Ralph
Civil Rights Act or aids, incites, or conspires in that
act, is liable for actual damages suffered by any person
denied that right, as well as a civil penalty and
attorney's fees. (Civ. Code Sec. 52(b).)
Existing law provides that whenever there is reasonable
cause to believe that any person or group of persons is
engaged in conduct of resistance to the full enjoyment of
any of the foregoing rights the Attorney General, any
district attorney or city attorney, or any person aggrieved
by the conduct may bring a civil action. (Civ. Code Sec.
52(c).)
Existing law provides that a person whose enjoyment of
legal rights has been interfered with, or attempted to be
interfered with, may bring a civil action for damages,
including injunctive relief, and other appropriate
equitable relief. (Civ. Code Sec. 52.1.)
This bill provides that the protections and remedies of the
Ralph Civil Rights Act include violence or intimidation by
threat of violence committed against the person or property
because the person is or is perceived to be homeless.
This bill defines "homeless person" to mean: a person who
does not have a fixed, regular, and adequate nighttime
residence; or a person who has a nighttime residence that
constitutes any of the following: (1) a supervised,
publicly or privately operated shelter designated to
provide temporary living accommodations, including, but not
limited to, welfare hotels, congregate shelters, and
transitional housing; (2) an institution that provides a
temporary residence for individuals intended to be
institutionalized; or (3) a public or private building or
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designated area that is not ordinarily designed for, or
ordinarily used for, sleeping accommodations for persons.
This bill provides that this bill shall not be construed to
enlarge or diminish an existing legal duty, if any, by an
owner of residential rental or commercial property to
protect a homeless person from violence, or intimidation by
threats of violence, because the homeless person is
physically present on the owner's property or other
property controlled by the owner incidental to the
ownership of the rental property.
Civil remedies for homeless individuals under the Ralph
Civil Rights Act
The Ralph Civil Rights Act of 1976 currently provides that
all persons have the right to be free from violence and
intimidation by threat of violence based on, among other
things, race, religion, ancestry, national origin, and
gender. (Civ. Code Sec. 51.7.) These rights may be
enforced by a private action for damages and equitable
relief as well as criminal sanctions for violations. (Civ.
Code Sec. 52.) In addition, an individual whose legal
rights have been interfered with, or attempted to be
interfered with, may bring an action for injunctive relief.
(Civ. Code Sec. 52.1.) The Attorney General, or any
district attorney, or city attorney may also bring a civil
action for injunctive or other equitable relief, and
recover civil penalties against the violator. (Civ. Code
Sec. 52.1.) By establishing these rights and providing
access to the courts for their vindication, the Ralph Civil
Rights Act was designed to provide important protection for
the classes of people covered by the statute, as well as
meaningful enforcement of these rights. In light of the
evident increase in violence directed at individuals
because they are homeless, this bill would explicitly
provide all of these legal rights and remedies to this
vulnerable population.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
According to the Senate Appropriations Committee:
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Increased claims/ minor and
absorbable workload increase General
investigations
*Department of Fair Employment and Housing
SUPPORT : (Verified 8/3/10)
California Church IMPACT
California Teachers Association
City of Long Beach
Consumer Attorneys of California
Gramercy Housing Group
Long Beach Area Coalition for the Homeless
Los Angeles County Board of Supervisors
Los Angeles County Supervisor Don Knabe
Los Angeles Homeless Services Authority
Mayor Antonio R. Villaraigosa
Mental Health America of Los Angeles
National Association of Social Workers, California Chapter
PATH Partners
ARGUMENTS IN SUPPORT : According to the author's office:
There are an estimated 157,000 homeless people in
California, perhaps the most vulnerable population in
the state. They are more likely to suffer from mental
and physical illness, and less likely to receive
comprehensive medical treatment. Even worse, they are
the population most likely to be the target of violent
attacks. In the last year alone, homeless people have
been set on fire, stabbed, shot, and beaten with
baseball bats. California has the second-highest rate
of violence against the homeless in the nation.
Young adults, primarily in their teens, are the most
common perpetrators of violence against the homeless:
43% are between the ages of 13 and 19 and nearly 3 out
of 4 of the attackers are under 25. While the motives
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for these attacks are not always clear, it is obvious
that many were committed because the victim was
homeless or because the homeless are more vulnerable.
The perpetrators may perceive the homeless as easy
defenseless targets. They may see the homeless as
second-class citizens, unworthy of respect or mercy.
These criminals may prey on the homeless because they
know the likelihood of suffering legal consequences
from their actions is not as high as it would be if
they assaulted another member of the community.
In support Los Angeles County Supervisor, the Honorable Don
Knabe writes:
In the past two years, there have been a number of
senseless murders and incidents of violence committed
against homeless persons across Los Angeles County.
It is clear to me that some criminal acts against the
homeless are motivated not only by their
vulnerability, but also the perpetrators' disdain and
disrespect for them simply because they are homeless.
If enacted into law, AB 2706 will affirm the right of
homeless individuals to seek justice if an act of
violence was committed against them because of their
status as a homeless individual. I believe this
legislation is the right thing to do. It will help
protect a vulnerable population, and also continue to
promote a better understanding of the plight of the
homeless across our communities, and ultimately stop
the violence.
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Coto, Davis, De La Torre, De Leon, Eng, Evans,
Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Lieu,
Bonnie Lowenthal, Ma, Monning, Nava, V. Manuel Perez,
Portantino, Ruskin, Salas, Saldana, Skinner, Solorio,
Swanson, Torlakson, Torres, Torrico, Yamada, John A.
Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
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Blakeslee, Conway, DeVore, Fuller, Gaines, Garrick,
Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra
Strickland, Villines
NO VOTE RECORDED: Bass, Block, Cook, Emmerson, Gilmore,
Mendoza, Tran
RJG:nl 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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