BILL ANALYSIS �
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THIRD READING
Bill No: AB 312
Author: Bonnie Lowenthal (D)
Amended: 4/7/11 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 06/07/11
AYES: Evans, Corbett, Leno
NOES: Harman, Blakeslee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 52-24, 05/16/11 - See last page for vote
SUBJECT : Civil rights: homeless persons
SOURCE : Author
DIGEST : This bill adds homeless persons 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.
ANALYSIS : Existing law, the Ralph Civil Rights Act,
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
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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 a 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
designated area that is not ordinarily designed for, or
ordinarily used for, sleeping accommodations for persons.
This bill would not be construed to enlarge or diminish an
existing legal duty, if any, by an owner of residential
property to protect a homeless person from violence, or
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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.
This bill would not be construed to prohibit or restrict a
public agency from the lawful enforcement of any law, and a
public agency shall not be subject to civil liability for
that lawful enforcement.
Prior Legislation
AB 2706 (Lowenthal) of 2010, and was vetoed by the
Governor. The current version of AB 312 is nearly
identical to the enrolled version of AB 2706. The veto
message stated:
While this bill is well-intentioned, it is unclear
whether the homeless are targeted for violence because
they are homeless, or because they possess a
characteristic already protected by the California's
hate crime statute, such as mental or physical
disability. Furthermore, poverty unlike race, gender,
national origin and disability, is not a suspect
classification. Because of the incongruence between
the recognized classifications listed in Civil Code
section 51.7 and homelessness, this bill could result
in legal challenges and increased court costs.
SB 122 (Steinberg, 2007) would have added "homeless status"
to the list of actual or perceived characteristics
qualifying as a hate crime. This bill was held in the
Senate Committee on Public Safety.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/27/11)
American Veterans
California Communities United Institute
California National Organization of Women
California Peace Officers Association
California State Sheriffs Association
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Consumer Attorneys of California
City of Long Beach
Gramercy Housing Group
Housing California
Long Beach Police Department
Los Angeles County Sheriff's Department
Mayor Antonio R. Villaraigosa, City of Los Angeles
Mental Health America of Los Angeles
National Association of Social Workers
NAMI California
People Assisting The Homeless
PATH Ventures
Peace Officers Research Association of California
Regional Task Force on the Homeless, San Diego County
Sacramento Housing Alliance
Swords to Plowshares
The Arc in California
United Cerebral Palsy in California
United States Veterans Initiative
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
for these attacks are not always clear, it is obvious
that many were committed because the victim was
homeless or because the homeless were more vulnerable.
The perpetrators may perceive the homeless as easy
defenseless targets. They may see the homeless as
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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. Many
cities and states have done something to address this
issue. California has attempted to add "homeless
status" to the hate crimes list in the past.
Unfortunately, due to the overcrowding of prisons this
issue has failed.
The United States Veterans Initiative writes in support of
this bill, "Of California's roughly 157,000 homeless
people, nearly 30,000 are veterans. These men and women
endure the second-highest rate of violence against the
homeless in the United States? These attacks are motivated
not only by the vulnerability of the victims, but also by
the perpetrators' disdain and disrespect for the simple
fact of their homelessness? There is no question that the
homeless population is particularly vulnerable to violent
crimes. It is encouraging that �this bill] enshrines in
state law the fact that homeless people have the same right
as anyone else to live a life free of violence."
In support of this bill, the California Peace Officers'
Association (CPOA) writes, "If enacted, this legislation
will serve as a significant deterrent to violent criminal
activity against the homeless, a distinctly vulnerable
population. Fewer attacks on homeless persons will
ultimately result in improved resourcing for California's
law enforcement agencies. CPOA reflects the breadth of
the public safety community, as it has more than 3,000
members of all ranks from municipal, county, state, and
federal law enforcement agencies from throughout the
�S]tate of California."
Also in support, the Consumer Attorneys of California
writes, "�This bill] serves to amplify protections afforded
to the homeless by granting this particularly vulnerable
segment of our community enhanced civil protections.
Specifically, �this bill] specifies that homeless persons,
as defined, are entitled to the personal rights set forth
under existing California Civil Code. By granting the
homeless the right to seek civil recovery if they suffer an
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act of violence that was perpetrated against them because
of their status as a homeless individual, this bill serves
to protect the rights of a group of persons that has been
subjected to an alarmingly high rate of violence within
this state."
ASSEMBLY FLOOR : 52-24, 05/16/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong,
Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V.
Manuel P�rez, Portantino, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Cook, Donnelly, Beth
Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Olsen, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Conway, Gorell, Roger Hern�ndez, Norby
RJG:nl 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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