SB 1403

  • California Senate Bill
  • 2011-2012 Regular Session
  • Introduced in Senate Feb 24, 2012
  • Passed Senate Aug 21, 2012
  • Passed Assembly Aug 31, 2012
  • Signed by Governor Sep 24, 2012

Domestic violence: permanent restraining orders and elder abuse orders.

Abstract

Existing law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Existing law permits the tenant to quit the premises after notification and limits the tenant's obligation for payment of rent, as specified. Existing law requires the notice to terminate the tenancy to be given within 180 days of the date the order was issued or the report was made, or as specified. This bill would include abuse of an elder or a dependent adult, as defined, among the acts for which a tenant may terminate a tenancy under the above provisions. The bill would also include a copy of a protective order among the approved documents required to be provided to the landlord with a notice to terminate a tenancy under the above provisions. Existing law prohibits a landlord from terminating a tenancy or failing to renew a tenancy based upon an act of domestic violence, sexual assault, or stalking against a protected tenant, as defined, or a protected tenant's household member when that act is documented by a temporary restraining order, emergency protective order, or a written report, as specified, and the person who is restrained from contact with the protected tenant under the protection order, or is named in the police report of that act is not a tenant of the same dwelling unit. This bill would include protective orders among the documents that may be provided to establish domestic violence, sexual assault, or stalking against a protected tenant or a protected tenant's household member under the above provisions. The bill would also include abuse of an elder or a dependent adult among the acts for which a landlord may not terminate a tenancy or fail to renew a tenancy under the above provisions. Existing law requires the Judicial Council, on or before January 1, 2012, to develop a new form or revise an existing form that may be used by a party to assert in the responsive pleading the grounds described above as an affirmative defense to an unlawful detainer action. This bill would require that action by the Judicial Council to be taken on or before January 1, 2014.

Bill Sponsors (1)

Votes


Actions


Sep 24, 2012

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State. Chapter 516, Statutes of 2012.

Sep 12, 2012

California State Legislature

Enrolled and presented to the Governor at 11 a.m.

Aug 31, 2012

Assembly

Read third time. Passed. (Ayes 79. Noes 0. Page 6770.) Ordered to the Senate.

Assembly

Read second time. Ordered to third reading.

Assembly

Assembly Rule 63 suspended. (Page 6750.)

Senate

Assembly amendments concurred in. (Ayes 26. Noes 0. Page 5108.) Ordered to engrossing and enrolling.

Senate

In Senate. Concurrence in Assembly amendments pending.

Aug 30, 2012

Assembly

From committee: Do pass. (Ayes 8. Noes 0.) (August 30).

Assembly

Joint Rule 62(a) file notice suspended. (Ayes 52. Noes 26. Page 6648.)

Aug 29, 2012

Assembly

Withdrawn from committee. (Ayes 52. Noes 27. Page 6556.)

Assembly

Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  • Referral-Committee
Com. on JUD. pursuant to Assembly Rule 77.2.

Assembly

Read third time and amended. (Ayes 51. Noes 27. Page 6559.)

Assembly

Assembly Rule 63 suspended. (Ayes 50. Noes 26. Page 6557.)

Assembly

Ordered to third reading.

Aug 24, 2012

Assembly

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Aug 21, 2012

Senate

Read third time. Urgency clause adopted. Passed. (Ayes 35. Noes 0. Page 4632.) Ordered to the Assembly.

Assembly

In Assembly. Read first time. Held at Desk.

Aug 16, 2012

Senate

Read second time and amended. Ordered to third reading.

Aug 15, 2012

Senate

From committee: Do pass as amended. (Ayes 5. Noes 0. Page 4549.) (August 15).

Aug 10, 2012

Senate

Set for hearing August 15.

Aug 06, 2012

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  • Reading-2
  • Reading-1
  • Committee-Passage
  • Amendment-Passage
  • Referral-Committee
Com. on JUD.

Jul 06, 2012

Senate

Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Jul 02, 2012

Senate

Re-referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Senate

Withdrawn from committee.

Jun 28, 2012

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  • Reading-2
  • Reading-1
  • Committee-Passage
  • Amendment-Passage
  • Referral-Committee
Com. on GOV. & F.

Jun 27, 2012

Senate

Set, first hearing. Hearing canceled at the request of author.

Jun 26, 2012

Senate

Set for hearing July 3.

Jun 25, 2012

Senate

Re-referred to Com. on GOV. & F.

  • Referral-Committee
Com. on GOV. & F.

Jun 20, 2012

Senate

Withdrawn from committee.

Senate

Re-referred to Com. on RLS.

  • Referral-Committee
Com. on RLS.

Jun 19, 2012

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U. & C.

  • Reading-2
  • Reading-1
  • Committee-Passage
  • Amendment-Passage
  • Referral-Committee
Com. on E., U. & C.

Apr 24, 2012

Senate

Set, first hearing. Failed passage in committee. (Ayes 3. Noes 8. Page 3304.) Reconsideration granted.

Apr 05, 2012

Senate

Set for hearing April 24.

Apr 04, 2012

Senate

Hearing postponed by committee.

Mar 28, 2012

Senate

Set for hearing April 17.

Mar 22, 2012

Senate

Referred to Com. on E., U. & C.

  • Referral-Committee
Com. on E., U. & C.

Feb 27, 2012

Senate

Read first time.

Feb 25, 2012

Senate

From printer. May be acted upon on or after March 26.

Feb 24, 2012

Senate

Introduced. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1403 HTML
02/24/12 - Introduced PDF
06/19/12 - Amended Senate PDF
06/28/12 - Amended Senate PDF
08/06/12 - Amended Senate PDF
08/16/12 - Amended Senate PDF
08/29/12 - Amended Assembly PDF
09/10/12 - Enrolled PDF
09/24/12 - Chaptered PDF

Related Documents

Document Format
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Sources

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