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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1838	AMENDED
	BILL TEXT

	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, as amended, 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 permit the county district attorney in the County
of San Joaquin to file an unlawful detainer action under these
provisions.  This bill would also state the Legislature's intent
that the County of San Joaquin fully participate in the existing
pilot program under these provisions. 
   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.    It is the intent of the Legislature
that the County of San Joaquin shall fully participate in the
existing pilot project authorized by Sections 3485 and 3486 of the
Civil Code, and to ensure that the pilot project produces an
appropriately wide range of data, that the district attorney in the
County of San Joaquin shall report information to the California
Research Bureau in the same manner as other participating
jurisdictions. 
   SECTION 1.   SEC. 2.   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 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.
   (b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
   SEC. 2.   SEC. 3.   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 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.
   (b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.