Today's Law As Amended


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SB-1143 Housing restrictions: sex offenders.(2017-2018)



As Amends the Law Today


SECTION 1.

 Section 1102.18 is added to the Civil Code, to read:

1102.18.
 (a) A prospective purchaser of residential real property subject to this article that is located within one-quarter mile from an existing school, park, or licensed child care center shall, if he or she is a person required to register pursuant to Section 290 of the Penal Code for an offense in which the victim was under 18 years of age, disclose that fact to the seller before entering into a contract of sale.
(b) Notwithstanding Section 290.46 of the Penal Code, a seller of residential real property described in subdivision (a) may refuse to enter into a sales contract with a person described in subdivision (a) based upon his or her disclosure. If a required disclosure is not made or is made after entry into a sales contract, the seller may rescind that contract without penalty on the basis of the purchaser’s status as a person required to register.
(c) As used in this section, the following terms have the following meanings:
(1) “Park” means an outdoor recreational area specifically designed to be used by children that has play equipment installed, including public grounds designed for athletic activities, such as baseball, football, soccer, or basketball, or a similar facility located on city or county park grounds.
(2) “School” means a preschool or public or private school having kindergarten or any of grades 1 to 12, inclusive.

SEC. 2.

 Section 1941.8 is added to the Civil Code, to read:

1941.8.
 (a) A person seeking to hire a dwelling unit subject to this chapter that is located within one-quarter mile from an existing school, park, or licensed child care center shall, if he or she is a person required to register pursuant to Section 290 of the Penal Code for an offense in which the victim was under 18 years of age, disclose that fact to the landlord before entering an agreement to hire.
(b) Notwithstanding Section 290.46 of the Penal Code, a landlord of property described in subdivision (a) may refuse to enter into an agreement to hire a dwelling unit to a person described in subdivision (a) based upon his or her disclosure. If a required disclosure is not made or is made after entry into an agreement, the landlord may cause that person to be evicted.
(c) As used in this section, the following terms have the following meanings:
(1) “Park” means an outdoor recreational area specifically designed to be used by children that has play equipment installed, including public grounds designed for athletic activities, such as baseball, football, soccer, or basketball, or a similar facility located on city or county park grounds.
(2) “School” means a preschool or public or private school having kindergarten or any of grades 1 to 12, inclusive.