Amended IN Assembly April 09, 2025 Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 897Introduced by Assembly Member DeMaioFebruary 19, 2025An act to add Section 602.15 to the Penal Code, relating to trespassing.LEGISLATIVE COUNSEL'S DIGESTAB 897, as amended, DeMaio. Trespassing: removal of trespassers on residential property.Existing law establishes a summary proceeding, known as a forcible entry, forcible detainer, or unlawful detainer action, as specified, that a person in lawful possession of real property must follow in order to remove a person who unlawfully occupies that property.This bill bill, the Remove Illegal Squatters from Private Property Act, would make a person guilty of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time, knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner. The bill would require a law enforcement agency that receives a complaint of a violation of these provisions to issue a citation and would provide a means for the person to show lawful entry on the land or premises. If court determines that the documentation showing lawful entry is improper or fraudulent, the bill would make the violation punishable by removal, specified fines, and as a misdemeanor. By increasing duties of local law enforcement and creating a crime, 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, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Remove Illegal Squatters from Private Property Act.SECTION 1.SEC. 2. Section 602.15 is added to the Penal Code, to read:602.15. (a) (1) A person commits the offense of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.(2) A law enforcement agency that receives a complaint of a violation of paragraph (1) shall issue a citation to the person accused of violating paragraph (1) requiring them to, within three business days, present the law enforcement agency with properly executed documentation that authorizes the persons entry on the land or premises. That documentation may include a properly executed lease or rental agreement or proof of rental payments.(3) A person who does not provide documentation pursuant to paragraph (2) shall be subject to arrest for the violation of paragraph (1).(4) If a person provides documentation pursuant to paragraph (2), a magistrate court shall set a hearing within seven days of the submission of that documentation to determine whether the documentation is properly executed or meritorious. If the court determines that the documentation is improper or fraudulent, the person shall be removed from the property and subject to fines to cover damages, back rent based on the propertys fair market value, and shall be subject to punishment pursuant to subdivision (b).(b) A violation of paragraph (1) of subdivision (a) shall be punishable as a misdemeanor by imprisonment in the county jail for up to one year.(c) (1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, a holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.(d) As used in this section, resides means to inhabit or live on or within any land or premises.SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB 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.
Amended IN Assembly April 09, 2025 Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 897Introduced by Assembly Member DeMaioFebruary 19, 2025An act to add Section 602.15 to the Penal Code, relating to trespassing.LEGISLATIVE COUNSEL'S DIGESTAB 897, as amended, DeMaio. Trespassing: removal of trespassers on residential property.Existing law establishes a summary proceeding, known as a forcible entry, forcible detainer, or unlawful detainer action, as specified, that a person in lawful possession of real property must follow in order to remove a person who unlawfully occupies that property.This bill bill, the Remove Illegal Squatters from Private Property Act, would make a person guilty of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time, knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner. The bill would require a law enforcement agency that receives a complaint of a violation of these provisions to issue a citation and would provide a means for the person to show lawful entry on the land or premises. If court determines that the documentation showing lawful entry is improper or fraudulent, the bill would make the violation punishable by removal, specified fines, and as a misdemeanor. By increasing duties of local law enforcement and creating a crime, 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, 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly April 09, 2025 Amended IN Assembly March 28, 2025
Amended IN Assembly April 09, 2025
Amended IN Assembly March 28, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 897
Introduced by Assembly Member DeMaioFebruary 19, 2025
Introduced by Assembly Member DeMaio
February 19, 2025
An act to add Section 602.15 to the Penal Code, relating to trespassing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 897, as amended, DeMaio. Trespassing: removal of trespassers on residential property.
Existing law establishes a summary proceeding, known as a forcible entry, forcible detainer, or unlawful detainer action, as specified, that a person in lawful possession of real property must follow in order to remove a person who unlawfully occupies that property.This bill bill, the Remove Illegal Squatters from Private Property Act, would make a person guilty of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time, knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner. The bill would require a law enforcement agency that receives a complaint of a violation of these provisions to issue a citation and would provide a means for the person to show lawful entry on the land or premises. If court determines that the documentation showing lawful entry is improper or fraudulent, the bill would make the violation punishable by removal, specified fines, and as a misdemeanor. By increasing duties of local law enforcement and creating a crime, 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, 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.
Existing law establishes a summary proceeding, known as a forcible entry, forcible detainer, or unlawful detainer action, as specified, that a person in lawful possession of real property must follow in order to remove a person who unlawfully occupies that property.
This bill bill, the Remove Illegal Squatters from Private Property Act, would make a person guilty of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time, knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner. The bill would require a law enforcement agency that receives a complaint of a violation of these provisions to issue a citation and would provide a means for the person to show lawful entry on the land or premises. If court determines that the documentation showing lawful entry is improper or fraudulent, the bill would make the violation punishable by removal, specified fines, and as a misdemeanor. By increasing duties of local law enforcement and creating a crime, 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, 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Remove Illegal Squatters from Private Property Act.SECTION 1.SEC. 2. Section 602.15 is added to the Penal Code, to read:602.15. (a) (1) A person commits the offense of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.(2) A law enforcement agency that receives a complaint of a violation of paragraph (1) shall issue a citation to the person accused of violating paragraph (1) requiring them to, within three business days, present the law enforcement agency with properly executed documentation that authorizes the persons entry on the land or premises. That documentation may include a properly executed lease or rental agreement or proof of rental payments.(3) A person who does not provide documentation pursuant to paragraph (2) shall be subject to arrest for the violation of paragraph (1).(4) If a person provides documentation pursuant to paragraph (2), a magistrate court shall set a hearing within seven days of the submission of that documentation to determine whether the documentation is properly executed or meritorious. If the court determines that the documentation is improper or fraudulent, the person shall be removed from the property and subject to fines to cover damages, back rent based on the propertys fair market value, and shall be subject to punishment pursuant to subdivision (b).(b) A violation of paragraph (1) of subdivision (a) shall be punishable as a misdemeanor by imprisonment in the county jail for up to one year.(c) (1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, a holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.(d) As used in this section, resides means to inhabit or live on or within any land or premises.SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Remove Illegal Squatters from Private Property Act.
SECTION 1. This act shall be known, and may be cited, as the Remove Illegal Squatters from Private Property Act.
SECTION 1. This act shall be known, and may be cited, as the Remove Illegal Squatters from Private Property Act.
### SECTION 1.
SECTION 1.SEC. 2. Section 602.15 is added to the Penal Code, to read:602.15. (a) (1) A person commits the offense of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.(2) A law enforcement agency that receives a complaint of a violation of paragraph (1) shall issue a citation to the person accused of violating paragraph (1) requiring them to, within three business days, present the law enforcement agency with properly executed documentation that authorizes the persons entry on the land or premises. That documentation may include a properly executed lease or rental agreement or proof of rental payments.(3) A person who does not provide documentation pursuant to paragraph (2) shall be subject to arrest for the violation of paragraph (1).(4) If a person provides documentation pursuant to paragraph (2), a magistrate court shall set a hearing within seven days of the submission of that documentation to determine whether the documentation is properly executed or meritorious. If the court determines that the documentation is improper or fraudulent, the person shall be removed from the property and subject to fines to cover damages, back rent based on the propertys fair market value, and shall be subject to punishment pursuant to subdivision (b).(b) A violation of paragraph (1) of subdivision (a) shall be punishable as a misdemeanor by imprisonment in the county jail for up to one year.(c) (1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, a holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.(d) As used in this section, resides means to inhabit or live on or within any land or premises.
SECTION 1.SEC. 2. Section 602.15 is added to the Penal Code, to read:
### SECTION 1.SEC. 2.
602.15. (a) (1) A person commits the offense of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.(2) A law enforcement agency that receives a complaint of a violation of paragraph (1) shall issue a citation to the person accused of violating paragraph (1) requiring them to, within three business days, present the law enforcement agency with properly executed documentation that authorizes the persons entry on the land or premises. That documentation may include a properly executed lease or rental agreement or proof of rental payments.(3) A person who does not provide documentation pursuant to paragraph (2) shall be subject to arrest for the violation of paragraph (1).(4) If a person provides documentation pursuant to paragraph (2), a magistrate court shall set a hearing within seven days of the submission of that documentation to determine whether the documentation is properly executed or meritorious. If the court determines that the documentation is improper or fraudulent, the person shall be removed from the property and subject to fines to cover damages, back rent based on the propertys fair market value, and shall be subject to punishment pursuant to subdivision (b).(b) A violation of paragraph (1) of subdivision (a) shall be punishable as a misdemeanor by imprisonment in the county jail for up to one year.(c) (1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, a holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.(d) As used in this section, resides means to inhabit or live on or within any land or premises.
602.15. (a) (1) A person commits the offense of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.(2) A law enforcement agency that receives a complaint of a violation of paragraph (1) shall issue a citation to the person accused of violating paragraph (1) requiring them to, within three business days, present the law enforcement agency with properly executed documentation that authorizes the persons entry on the land or premises. That documentation may include a properly executed lease or rental agreement or proof of rental payments.(3) A person who does not provide documentation pursuant to paragraph (2) shall be subject to arrest for the violation of paragraph (1).(4) If a person provides documentation pursuant to paragraph (2), a magistrate court shall set a hearing within seven days of the submission of that documentation to determine whether the documentation is properly executed or meritorious. If the court determines that the documentation is improper or fraudulent, the person shall be removed from the property and subject to fines to cover damages, back rent based on the propertys fair market value, and shall be subject to punishment pursuant to subdivision (b).(b) A violation of paragraph (1) of subdivision (a) shall be punishable as a misdemeanor by imprisonment in the county jail for up to one year.(c) (1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, a holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.(d) As used in this section, resides means to inhabit or live on or within any land or premises.
602.15. (a) (1) A person commits the offense of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.(2) A law enforcement agency that receives a complaint of a violation of paragraph (1) shall issue a citation to the person accused of violating paragraph (1) requiring them to, within three business days, present the law enforcement agency with properly executed documentation that authorizes the persons entry on the land or premises. That documentation may include a properly executed lease or rental agreement or proof of rental payments.(3) A person who does not provide documentation pursuant to paragraph (2) shall be subject to arrest for the violation of paragraph (1).(4) If a person provides documentation pursuant to paragraph (2), a magistrate court shall set a hearing within seven days of the submission of that documentation to determine whether the documentation is properly executed or meritorious. If the court determines that the documentation is improper or fraudulent, the person shall be removed from the property and subject to fines to cover damages, back rent based on the propertys fair market value, and shall be subject to punishment pursuant to subdivision (b).(b) A violation of paragraph (1) of subdivision (a) shall be punishable as a misdemeanor by imprisonment in the county jail for up to one year.(c) (1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, a holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.(d) As used in this section, resides means to inhabit or live on or within any land or premises.
602.15. (a) (1) A person commits the offense of unlawful squatting when they enter upon the land or premises of another and reside on that land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.
(2) A law enforcement agency that receives a complaint of a violation of paragraph (1) shall issue a citation to the person accused of violating paragraph (1) requiring them to, within three business days, present the law enforcement agency with properly executed documentation that authorizes the persons entry on the land or premises. That documentation may include a properly executed lease or rental agreement or proof of rental payments.
(3) A person who does not provide documentation pursuant to paragraph (2) shall be subject to arrest for the violation of paragraph (1).
(4) If a person provides documentation pursuant to paragraph (2), a magistrate court shall set a hearing within seven days of the submission of that documentation to determine whether the documentation is properly executed or meritorious. If the court determines that the documentation is improper or fraudulent, the person shall be removed from the property and subject to fines to cover damages, back rent based on the propertys fair market value, and shall be subject to punishment pursuant to subdivision (b).
(b) A violation of paragraph (1) of subdivision (a) shall be punishable as a misdemeanor by imprisonment in the county jail for up to one year.
(c) (1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.
(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, a holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.
(d) As used in this section, resides means to inhabit or live on or within any land or premises.
SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB 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.
SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB 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.
SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.
### SEC. 2.SEC. 3.
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.