Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2531Introduced by Assembly Member BryanFebruary 13, 2024 An act to amend Section 1940.2 of the Civil 10008 of the Penal Code, relating to tenancy. law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 2531, as amended, Bryan. Tenancy. Deaths while in law enforcement custody: reporting.Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to post the date of death according to a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 10008 of the Penal Code is amended to read:10008. (a) When a person person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the death occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred. occurred, according to a medical examiner or similar entity.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.(c) In-custody deaths has the same meaning as defined in the federal Death in Custody Reporting Act, which includes the death of a person who is either detained or arrested by an officer of a law enforcement agency, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state of California or any other facility pursuant to a contract with, or used by, the agency or medical facility.SEC. 2. If the Commission on State Mandates determines that this act contains 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.SECTION 1.Section 1940.2 of the Civil Code is amended to read:1940.2.(a)It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1)Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.(2)Engage in conduct that violates Section 518 of the Penal Code.(3)Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(4)Commit a significant and intentional violation of Section 1954.(5)Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(b)A tenant who prevails in a civil action, including an action in small claims court, to enforce the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.(c)An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.(d)This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.
Amended IN Assembly March 21, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2531Introduced by Assembly Member BryanFebruary 13, 2024 An act to amend Section 1940.2 of the Civil 10008 of the Penal Code, relating to tenancy. law enforcement.LEGISLATIVE COUNSEL'S DIGESTAB 2531, as amended, Bryan. Tenancy. Deaths while in law enforcement custody: reporting.Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to post the date of death according to a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Assembly March 21, 2024
Amended IN Assembly March 21, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2531
Introduced by Assembly Member BryanFebruary 13, 2024
Introduced by Assembly Member Bryan
February 13, 2024
An act to amend Section 1940.2 of the Civil 10008 of the Penal Code, relating to tenancy. law enforcement.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2531, as amended, Bryan. Tenancy. Deaths while in law enforcement custody: reporting.
Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to post the date of death according to a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.This bill would make nonsubstantive changes to this provision.
Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedents age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.
The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to post the date of death according to a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local agencies, this bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.
This bill would make nonsubstantive changes to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 10008 of the Penal Code is amended to read:10008. (a) When a person person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the death occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred. occurred, according to a medical examiner or similar entity.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.(c) In-custody deaths has the same meaning as defined in the federal Death in Custody Reporting Act, which includes the death of a person who is either detained or arrested by an officer of a law enforcement agency, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state of California or any other facility pursuant to a contract with, or used by, the agency or medical facility.SEC. 2. If the Commission on State Mandates determines that this act contains 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.SECTION 1.Section 1940.2 of the Civil Code is amended to read:1940.2.(a)It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1)Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.(2)Engage in conduct that violates Section 518 of the Penal Code.(3)Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(4)Commit a significant and intentional violation of Section 1954.(5)Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(b)A tenant who prevails in a civil action, including an action in small claims court, to enforce the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.(c)An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.(d)This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 10008 of the Penal Code is amended to read:10008. (a) When a person person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the death occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred. occurred, according to a medical examiner or similar entity.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.(c) In-custody deaths has the same meaning as defined in the federal Death in Custody Reporting Act, which includes the death of a person who is either detained or arrested by an officer of a law enforcement agency, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state of California or any other facility pursuant to a contract with, or used by, the agency or medical facility.
SECTION 1. Section 10008 of the Penal Code is amended to read:
### SECTION 1.
10008. (a) When a person person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the death occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred. occurred, according to a medical examiner or similar entity.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.(c) In-custody deaths has the same meaning as defined in the federal Death in Custody Reporting Act, which includes the death of a person who is either detained or arrested by an officer of a law enforcement agency, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state of California or any other facility pursuant to a contract with, or used by, the agency or medical facility.
10008. (a) When a person person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the death occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred. occurred, according to a medical examiner or similar entity.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.(c) In-custody deaths has the same meaning as defined in the federal Death in Custody Reporting Act, which includes the death of a person who is either detained or arrested by an officer of a law enforcement agency, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state of California or any other facility pursuant to a contract with, or used by, the agency or medical facility.
10008. (a) When a person person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:(1) The full name of the agency with custodial responsibility at the time of death.(2) The county in which the death occurred.(3) The facility in which the death occurred, and the location within that facility where the death occurred.(4) The race, gender, and age of the decedent.(5) The date on which the death occurred. occurred, according to a medical examiner or similar entity.(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.(7) The manner and means of death.(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.(c) In-custody deaths has the same meaning as defined in the federal Death in Custody Reporting Act, which includes the death of a person who is either detained or arrested by an officer of a law enforcement agency, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state of California or any other facility pursuant to a contract with, or used by, the agency or medical facility.
10008. (a) When a person person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1) The full name of the agency with custodial responsibility at the time of death.
(2) The county in which the death occurred.
(3) The facility in which the death occurred, and the location within that facility where the death occurred.
(4) The race, gender, and age of the decedent.
(5) The date on which the death occurred. occurred, according to a medical examiner or similar entity.
(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7) The manner and means of death.
(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agencys internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death, the agency shall update the posting within 30 days of the change.
(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agencys internet website.
(c) In-custody deaths has the same meaning as defined in the federal Death in Custody Reporting Act, which includes the death of a person who is either detained or arrested by an officer of a law enforcement agency, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state of California or any other facility pursuant to a contract with, or used by, the agency or medical facility.
SEC. 2. If the Commission on State Mandates determines that this act contains 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.
SEC. 2. If the Commission on State Mandates determines that this act contains 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.
SEC. 2. If the Commission on State Mandates determines that this act contains 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.
### SEC. 2.
(a)It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:
(1)Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.
(2)Engage in conduct that violates Section 518 of the Penal Code.
(3)Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.
(4)Commit a significant and intentional violation of Section 1954.
(5)Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.
(b)A tenant who prevails in a civil action, including an action in small claims court, to enforce the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.
(c)An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.
(d)This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.