Amended in Assembly April 24, 2014

Amended in Assembly April 8, 2014

Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1513

Introduced by Assembly Member Fox

January 15, 2014

An act to add begin delete Sections 1944.1, 1944.2, 1944.3, and 1944.4 to the Civil Code, end delete begin insert and repeal Sections 602.55 and 602.56 of end insert begin insert the Penal Code, end insert relating to residential property.

LEGISLATIVE COUNSEL’S DIGEST

AB 1513, as amended, Fox. Residential property: possession by declaration.

Existing law allows a plaintiff, upon motion, to have immediate possession of the premises of a manufactured home, mobilehome, or real property by a writ of possession issued by a court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons.

begin insert

Existing law provides that every person who willfully commits a trespass is guilty of a misdemeanor.

end insert

This bill would begin insert , only until January 1, 2018, end insert allow a property owner, or an agent of the property owner, to begin insert register vacant real property with the local law enforcement agency and to end insert execute, under penalty of perjury, a Declaration of Ownership of Residential begin delete property or an Unauthorized Occupant Declaration end delete begin insert Real Property end insert . By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

This bill would allow a property owner, or an agent of the property owner, to file the Declaration of Ownership of Residential begin delete property or Unauthorized Occupant Declaration end delete begin insert Real Property end insert with the district attorney of the jurisdiction in which the property is begin delete located and to submit either declaration to a local law enforcement agency. The bill would require a local law enforcement agency to enforce the declaration as an order for immediate possession of the premises, as specified end delete begin insert located end insert . The bill would require begin delete a sheriff end delete begin insert the property owner end insert to post the begin insert filed end insert declaration on the property listed in the declaration. begin insert The bill would require the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property, and advising any person who does not produce that authorization that he or she has 48 hours to obtain it, and is subject to arrest for trespass if he or she is subsequently found on the property without it. The bill would provide that a person who is found on the property not less than 48 hours after being so notified and convicted of trespass is subject to imprisonment in a county jail not exceeding one year, or a fine not exceeding $1,000, or both that imprisonment and fine. The bill would also set forth procedures governing the disposition of personal property remaining on the real property following the arrest of a person for trespass. end insert By imposing new duties on local begin insert law enforcement end insert agencies begin insert and by expanding the scope of the crime of trespass end insert this bill would create a state-mandated local program.

The bill would provide that its provisions apply only to one-unit to four-unit residences.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares that the
practice of squatting on vacant property is a public nuisance and
is detrimental to the health, safety, and economy of local
communities and to the rights of real property owners. The intent
of this section is to provide a means to deter squatting at an early
stage and to provide a second chance for squatters to vacate the
premises in lieu of arrest. The Legislature also declares this section
not to be an abridgment of other statutes relating to trespass or
civil eviction proceedings. end insert

begin insert

begin insert SEC. end insert begin insert 2. end insert   

end insert

begin insert Section 602.55 is added to the end insert begin insert Penal Code end insert begin insert , end insert immediately
following Section 602.5 begin insert , to read: end insert

begin insert

begin insert 602.55. end insert   

The owner or owner’s agent of vacant real property
may register the property with the local law enforcement agency
utilizing the form contained in subdivision (a) of Section 602.56.

(a) The registration shall be signed under penalty of perjury
and include:

(1) A statement that the property is vacant and is not authorized
to be occupied by any person.

(2) The name, address, and telephone number at which the
owner can be contacted within a 24-hour period.

(3) A statement that either the law enforcement agency or a
licensed private security services company has been retained to
comply with the inspection and reporting provisions of this section,
together with a copy of any agreement or contract to perform those
services.

(b) The owner or the owner’s agent shall register the vacant
property no later than three days after the owner or owner’s agent
learns that the property is vacant.

(c) The owner or owner’s agent, immediately after authorizing
a person to occupy the vacant property, shall do both of the
following:

(1) Issue a written authorization to the person authorized to
occupy the property.

(2) Notify the law enforcement agency where the property is
registered and terminate the registration.

(d) The licensed private security services company or law
enforcement agency selected by the owner or owner’s agent
pursuant to this section shall do both of the following:

(1) Inspect the vacant property not less than once every three
days.

(2) Immediately notify the law enforcement agency with which
the property is registered if any unauthorized person is found on
the property.

(e) The law enforcement agency where the property is registered
shall respond as soon as practicable after being notified pursuant
to paragraph (2) of subdivision (d) that an unauthorized person
is found on the property. The responding officer shall do all of the
following:

(1) Verify that the property was inspected within the last three
days pursuant to paragraph (2) of subdivision (d) and found to be
vacant.

(2) Ascertain the identity of any person who is found on the
property.

(3) Require a person who is found on the property to produce
written authorization to be on the property.

(4) Advise any person who does not produce written
authorization pursuant to paragraph (3) that he or she has 48
hours to obtain written authorization from the owner of the
property, or the owner’s agent, to be on the property, and that the
person will be subject to arrest for trespass if the person is
subsequently found on the property without that authorization.

(5) Verify with the owner or the owner’s agent that the property
is vacant.

(f) Any person who is found on a vacant property not less than
48 hours after being notified as provided in paragraph (4) of
subdivision (e) is guilty of trespass and, upon conviction, is subject
to imprisonment in a county jail not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or both.

(g) The procedures set forth in Chapter 5 (commencing with
Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code
govern the disposition of any personal property remaining on the
vacant property following the arrest for trespass pursuant to this
section of a person who owns the personal property. For purposes
of applying those procedures, a person who is arrested for trespass
shall be deemed to be a former tenant of the property.

(h) This section shall not be construed to limit the owner’s right
to have a person removed from the vacant property pursuant to
any other law.

(i) The arrest of a person and removal of personal property
pursuant to the provisions of this section is not a forcible entry
under the provisions of Section 1159 of the Code of Civil Procedure
and shall not be a basis for civil liability under that section.

(j) The local city council or board of supervisors shall establish
fees for registering a vacant property with the local law
enforcement agency and for the conduct of inspections by the law
enforcement agency pursuant to this section.

(k) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert

begin delete

SECTION 1.  

Section 1944.1 is added to theCivil Code, to read:

1944.1.  

end delete

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

Section 602.56 is added to the Penal Code, to read:

end insert

begin insert

begin insert 602.56. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert A property owner, or an agent of the property
owner, end insert may execute a “Declaration of Ownership” that includes
language substantially similar to the language below and file it
with the district attorney of the jurisdiction in which the property
is located. If the property owner, or the agent of the property owner,
files the declaration with the district attorney, he or she shall also
post the declaration on the unoccupied residential property listed
in the declaration. begin delete The property owner, or the agent of the property
owner, may also submit the declaration to a local law enforcement
agency that shall enforce the declaration as an order for immediate
possession of the premises. end delete

“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL
PROPERTY

I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.

1. I am the owner___, or the agent of the owner___(check one),
of the residential property located at _____________________,
California (“Property”).

2. Submitted with this declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.

3. Since obtaining ownership of the Property, no ownership
interest in the Property has been conveyed or transferred to any
other person or entity.

4. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.

5. As of the present date, there are no persons authorized by me
or my agent to reside within the Property. Any persons residing
on this Property are doing so without any express or implied
authorization from me or my agent.

6. I have not entered into any form of lease arrangement, rental
agreement, or given any consent whatsoever to any persons to
reside within the Property.

7. I will advise the district attorney if there is any change in the
status of the Property and an occupancy is authorized by me or
my agent.

8. I declare under penalty of perjury that the foregoing is true
and correct.

EXECUTED on _________________________________, at
_______________________, California”
begin insert end insert

begin insert

(b) This section shall only apply to one-unit to four-unit
residences.

end insert begin insert

(c) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

end insert

begin delete

SEC. 2.  

Section 1944.2 is added to the Civil Code, to read:

1944.2.  

may execute an “Unauthorized Occupant Declaration”
that includes language substantially similar to the language below
and file it with the district attorney of the jurisdiction in which the
property is located. The property owner, or the agent of the property
owner, may also submit the declaration to a local law enforcement
agency that shall enforce the declaration as an order for immediate
possession of the premises.

“UNAUTHORIZED OCCUPANT DECLARATION

I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.

1. I am the owner___, or the agent of the owner___ (check one),
of the residential property located at _____________________,
California (“Property”).

2. Submitted with this Declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.

3. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.

4. I have never entered into any form of lease arrangement,
rental agreement, or given any consent whatsoever to the persons
(“Subject Persons”) to reside within the Property.

5. As of the present date, there are Subject Persons present
within, and asserting possession of, the Property.

6. The Subject Persons are residing within the Property without
my consent and are unknown to me.

7. I have requested the Subject Persons to remove themselves
and their personal property from the Property on the following
occasion(s) and in the following manner:
_________________________.

8. Notwithstanding the efforts described above, the Subject
Persons have refused to vacate the Property and to remove their
personal property from the Property.

9. I have been advised and understand that Section 148.5 of the
Penal Code makes it a crime to falsely report a misdemeanor or
felony to a peace officer and that I will be committing a crime
under that section if the statements made within this declaration
are known to be false.

10. I declare under penalty of perjury that the foregoing is true
and correct.

EXECUTED on _____________________________________,
at _______________________, California”

SEC. 3.  

Section 1944.3 is added to the Civil Code, to read:

1944.3.  

A declaration provided to a district attorney pursuant
to Section 1944.1 or 1944.2 shall be posted by the sheriff on the
property listed in the declaration.

SEC. 4.  

Section 1944.4 is added to the Civil Code, to read:

1944.4.  

Sections 1944.1 to 1944.3, inclusive, apply only to
one-unit to four-unit residences.

end delete

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, 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.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.