Bill Text: CA AB1838 | 2009-2010 | Regular Session | Enrolled

California Assembly Bill 1838 (Prior Session Legislation)

Bill Title: Unlawful detainer: controlled substances and firearms.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB1838 Detail]

Download: California-2009-AB1838-Enrolled.html

BILL NUMBER: AB 1838	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 12, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 15, 2010
	AMENDED IN ASSEMBLY  APRIL 14, 2010

INTRODUCED BY   Assembly Member Bill Berryhill

                        FEBRUARY 12, 2010

   An act to add and repeal Sections 3485.5 and 3486.5 of the Civil
Code, relating to unlawful detainer.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1838, Bill Berryhill. Unlawful detainer: controlled substances
and firearms.
   Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer, including conduct involving
illegally selling a controlled substance, or the commission of an
offense involving the unlawful possession or use of illegal weapons
or ammunition or the use of the premises to further that purpose. Any
of those acts may be deemed to constitute committing a nuisance on
the premises.
   Existing law authorizes, in specified counties, until January 1,
2014, a city prosecutor or city attorney to file an action for
unlawful detainer in the name of the people against any person who is
in violation of the nuisance or the illegal purpose provisions of
the unlawful detainer provision described above, with respect to
controlled substances or unlawful weapons or ammunition. These
provisions also impose specified reporting requirements regarding the
implementation of these programs upon the city attorney and city
prosecutor of each participating jurisdiction. The information
compiled pursuant to these provisions is reported annually to the
California Research Bureau on or before January 30 of each year. The
California Research Bureau is required to report to the Legislature,
as specified.
   This bill would, until January 1, 2012, permit the county district
attorney in the County of San Joaquin to file an unlawful detainer
action, under specified circumstances, in accordance with these
provisions. This bill would require the district attorney in the
County of San Joaquin to file the report required to be submitted to
the California Research Bureau on or before December 31, 2011.


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

  SECTION 1.  Section 3485.5 is added to the Civil Code, to read:
   3485.5.  (a) The county district attorney may file an action for
unlawful detainer pursuant to and in accordance with all of the
provisions of Section 3485 in any court in the County of San Joaquin
having jurisdiction over unlawful detainer cases involving real
property situated in the County of San Joaquin, except that the
filing of an action described in subdivision (a) of Section 3485
shall only be based on an arrest report, which may be documented by a
county sheriff deputy as well as a police officer. No more than five
notices described in subparagraph (A) of paragraph (1) of
subdivision (a) of Section 3485 may be filed in a calendar year by
the county district attorney pursuant to this section.
   (b) The district attorney in the County of San Joaquin shall
report the information as required by subdivision (g) of Section 3485
to the California Research Bureau, except that the district attorney
shall make this report by December 31, 2011.
   (c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.
  SEC. 2.  Section 3486.5 is added to the Civil Code, to read:
   3486.5.  (a) The county district attorney may file an action for
unlawful detainer pursuant to and in accordance with all of the
provisions of Section 3486 in any court in the County of San Joaquin
having jurisdiction over unlawful detainer cases involving real
property situated in the County of San Joaquin, except that the
filing of an action described in subdivision (a) of Section 3486
shall only be based on an arrest report, which may be documented by a
county sheriff deputy as well as a police officer. No more than five
notices described in subparagraph (A) of paragraph (1) of
subdivision (a) of Section 3486 may be filed in a calendar year by
the county district attorney pursuant to this section.
   (b) The district attorney in the County of San Joaquin shall
report the information as required by subdivision (g) of Section 3486
to the California Research Bureau, except that the district attorney
shall make this report by December 31, 2011.
   (c) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.