Trespassing: removal of trespassers on residential property.

Plain English Breakdown

The bill summary and digest do not provide specific details on the financial impact of the legislation on local agencies and schools, leaving some uncertainty about reimbursement requirements.

Removing People Who Illegally Live on Others' Property

This law makes it a crime for someone to live on another person's residential property without permission and requires local police to handle complaints about such people.

What This Bill Does

• Defines unlawful squatting as entering upon the land or premises of another and residing thereon for any period of time, knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.
• Requires local police to issue a citation when they receive a complaint about illegal squatters.
• Allows the person accused of squatting to show proof that they entered the property legally.
• If the court finds the documentation showing lawful entry is improper or fraudulent, it becomes a crime and can lead to fines and removal from the property.

Who It Names or Affects

• People who live on someone else's residential property without permission.
• Local police departments that handle complaints about illegal squatters.
• Property owners whose land or homes are occupied by people without their consent.

Terms To Know

Unlawful squatting

Entering upon the land or premises of another and residing thereon for any period of time, knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner.

Citation

A notice given by the police to a person who breaks the law, telling them what they did wrong and what will happen next.

Limits and Unknowns

• The bill does not specify how much it costs local governments or schools.
• It is unclear if this law will change how often people are removed from properties illegally.
• This law only applies to residential property, not commercial or public land.

Official Summary Text

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.

Current Bill Text

Download Bill PDF