BILL NUMBER: AB 534	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 16, 2011

   An act to amend Section 51.7 of the Civil Code, relating to civil
rights.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 534, as introduced, Swanson. Civil rights: homeless persons.
   Existing law sets forth various personal rights and provides that
all persons within California have the right to be free from
violence, or intimidation by the threat of violence, because of,
among other characteristics, their race, color, religion, ancestry,
national origin, political affiliation, or sex. Existing law further
permits an individual whose exercise or enjoyment of specified
personal rights has been interfered with to bring a civil action for
damages, including actual damages, exemplary damages, attorney's
fees, injunctive relief, and other appropriate relief. Existing law
requires the Department of Fair Employment and Housing to receive,
investigate, and conciliate complaints that an individual's personal
rights have been violated.
   This bill would specify that homeless persons, as defined, are
entitled to the rights set forth under existing law, and would
provide that a homeless person has the right to be free from violence
or intimidation by threat of violence directed against that person
on the basis of that person's status as a homeless person. The bill
would also provide that these provisions shall not be construed to
enlarge or diminish an existing duty, if any, by an owner of
residential rental or commercial property to protect a homeless
person who is present on the property from violence or intimidation
by threats of violence.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 51.7 of the Civil Code is amended to read:
   51.7.  (a) 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
political affiliation, or on account of any characteristic listed or
defined in subdivision (b) or (e) of Section 51, or position in a
labor dispute, or because another person perceives them to have one
or more of those characteristics. The identification in this
subdivision of particular bases of discrimination is illustrative
rather than restrictive. 
   (b) (1) This section includes any violence, or intimidation by
threat of violence, committed against the person or property of a
homeless person because the person is, or is perceived to be, a
homeless person.  
   (2) For purposes of this section, "homeless person" means: 

   (A) A person who does not have a full-time residence.  
   (B) A person that has a residence that constitutes either of the
following:  
   (i) A shelter designated to provide temporary living
accommodations to those in need.  
   (ii) A building or area that is not ordinarily designed for, or
ordinarily used for, living accommodations for persons.  
   (3) This subdivision 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 ownership of the rental
property. 
    (b) 
    (c)  This section does not apply to statements
concerning positions in a labor dispute which are made during
otherwise lawful labor picketing.