Amended in Assembly January 9, 2014

Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 319

Introduced by Assembly Member Campos

February 12, 2013

An act to add begin delete Section 53121 to end delete begin insert Article 10 (commencing with Section 53165) to Chapter 1 of Part 1 of Division 2 of Title 5 of end insert the Government Code, relating to begin delete emergency telephone systems end delete begin insert local agencies end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 319, as amended, Campos. begin delete Emergency telephone systems: end delete begin insert Local agencies: end insert domestic violence.

begin insert

Existing law specifies the powers and duties common to cities, counties, and other public agencies. Existing law defines domestic violence, sexual assault, stalking, human trafficking, and abuse of an elder or dependent adult.

end insert begin insert

This bill would prohibit a local agency from requiring a landlord to terminate a tenancy or fail to renew a tenancy based upon an act against a tenant or a tenant’s household member that constitutes domestic violence, sexual assault, stalking, human trafficking, and abuse of an elder or dependent adult or based upon the number of calls made by a person to the emergency telephone system relating to the tenant or a member of the tenant’s household being a victim of an act constituting domestic violence, sexual assault, stalking, human trafficking, and abuse of an elder or dependent adult.

end insert begin delete

Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency within its respective jurisdiction to establish and have in operation a basic emergency telephone system, as provided, or to be part of such a system.

end delete begin delete

This bill would prohibit a local or state public agency from imposing a limit or a penalty for a person using an emergency telephone system to report domestic violence, as defined.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 10 (commencing with Section 53165) is
added to Chapter 1 of Part 1 of Division 2 of Title 5 of the end insert begin insert Government Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 10. end insert   Prohibition on Requiring Landlords to Terminate
A Tenancy

 

begin insert 53165. end insert   

(a) A local agency shall not require a landlord to
terminate a tenancy or fail to renew a tenancy based upon an act
or acts against a tenant or a tenant’s household member that
constitute domestic violence as defined in Section 6211 of the
Family Code, sexual assault as defined in Section 1219 of the Code
of Civil Procedure, stalking as defined in Section 1708.7 or Section
646.9 of the Penal Code, human trafficking as defined in Section
236.1 of the Penal Code, or abuse of an elder or a dependent adult
as defined in Section 15610.07 of the Welfare and Institutions
Code, provided that the requirements of subdivision (a) of Section
1161.3 of the Code of Civil Procedure are met.

(b) A local agency shall not require a landlord to terminate a
tenancy or fail to renew a tenancy based upon the number of calls
made by any person to the emergency telephone system relating
to the tenant or a member of the tenant’s household being a victim
of an act or acts that constitute domestic violence as defined in
Section 6211 of the Family Code, sexual assault as defined in
Section 1219 of the Code of Civil Procedure, stalking as defined
in Section 1708.7 or Section 646.9 of the Penal Code, human
trafficking as defined in Section 236.1 of the Penal Code, or abuse
of an elder or a dependent adult as defined in Section 15610.07
of the Welfare and Institutions Code, provided that the
requirements of subdivision (a) of Section 1161.3 of the Code of
Civil Procedure are met.

(c) For the purposes of this section, “tenant” means tenant,
subtenant, lessee, or sublessee.

end insert

begin delete

SECTION 1.  

Section 53121 is added to the Government Code,
to read:

53121.  

(a) A public agency shall not limit the number of calls
a person may make to an emergency telephone system for reporting
domestic violence. A public agency shall not charge a penalty to
a person for making a call to report domestic violence.

(b) As used in this section, “domestic violence” means domestic
violence, as defined in Section 6211 of the Family Code.

end delete