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AB-1170 Registered sex offenders: rental housing: consumer information booklet.(2009-2010)

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AB1170:v98#DOCUMENT

Amended  IN  Assembly  April 15, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 1170


Introduced  by  Assembly Member Charles Calderon
(Coauthor(s): Assembly Member Hagman)

February 27, 2009


An act to add Section 290.47 to the Penal Code, relating to sex offenders, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


AB 1170, as amended, Charles Calderon. Registered sex offenders: rental housing: consumer information booklet.
Existing law requires a person who has been convicted of specified crimes to register as a sex offender and establishes the procedures for registration. Existing law also requires leases and rental agreements for residential real property to contain a notice regarding information about specified registered sex offenders made available to the public via an Internet Web site maintained by the Department of Justice.
This bill would require the Department of Justice to make available to the public a consumer information booklet providing federal and state law relating to regarding sex offender registration as it relates to the lease or rental of real property and would require the department to consult with the Department of Consumer Affairs and other interested organizations in developing the consumer information booklet. The bill would also provide that if the consumer information booklet is delivered to a prospective or current resident by the owner or owner’s agent in connection with the lease or rental of residential real property, the owner or owner’s agent is not required to provide additional information on this subject, as specified.
The bill would create the Megan’s Law Disclosure Booklet for Landlords and Tenants Fund, would continuously appropriate voluntary contributions or donations received into the fund to the department to pay for the costs directly associated with the consumer information booklet, and would provide that the department need not incur may delay incurring any cost associated with the provisions of this bill until sufficient contributions to the fund have been deposited.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 290.47 is added to the Penal Code, to read:

290.47.
 (a) The Department of Justice shall make available to the public a consumer information booklet in a question and answer format that shall educate and inform consumers about federal and state law relating to regarding persons who are required to register pursuant to Section 290 as it relates to the lease or rental of real property. The consumer information booklet shall include the following:
(1) General information concerning federal and state laws relating to persons who are required to register pursuant to Section 290.
(2) Information regarding the statutory duty to disclose specific language in subdivision (b) of Section 2079.10a of the Civil Code to a prospective resident.
(3) A discussion about legal access and use of information contained in the department’s Internet Web site.

(4)Disclosure duties and obligations, if any, of an owner or owner’s agent regarding a sex offender on or about the property.

(5)Duties and rights of an owner or owner’s agent associated with the discovery that a tenant or prospective tenant is a registered sex offender, including those relating to the denial to rent or lease to a prospective resident and the termination of a rental or lease agreement on the basis of a conviction for an offence requiring registration as a sex offender.

(4) Identification of the constitutional, statutory, and decisional law applicable to this section.
(b) If the consumer information booklet is delivered to a prospective resident or current resident by the owner or owner’s agent in connection with the lease or rental of residential real property, the owner or owner’s agent shall not be required to provide additional information concerning this subject, and the information shall be deemed to be adequate to inform the prospective resident or resident regarding the information that is contained in the booklet. provide information in addition to that contained in the booklet.
(c) Notwithstanding subdivision (a), this section does not alter the duty of an owner or owner’s agent to report and otherwise act on the existence of known illegal activity on or affecting the real property. Nothing in this section alters any existing duty of an owner or owner’s agent under any other statute or decisional law.
(d) In the development of the consumer information booklet, the Department of Justice shall consult with the Department of Consumer Affairs and public and private organizations having a demonstrated interest in this area of law.

(d)

(e) The Department of Justice may receive voluntary contributions or donations to pay for the costs directly associated with the research, development, and public release of the consumer information booklet. Voluntary contributions or donations shall be deposited into the Megan’s Law Disclosure Booklet for Landlords and Tenants Fund, which is hereby created in the State Treasury. Only moneys contributed or donated for the purposes of this section may be deposited into the fund. The fund shall be credited with all investment income earned by moneys in the fund. The moneys received in contributions or donations for the purposes of this section are not part of the General Fund as defined in Section 16300 of the Government Code and are special funds held in trust for those purposes. Notwithstanding Section 13340 of the Government Code, moneys in the fund from voluntary contributions or donations are hereby continuously appropriated to the department without regard to fiscal years and shall be used to support the department’s costs associated with the implementation of this section. However, the Department may delay incurring any cost associated with the implementation of this section until sufficient voluntary contributions have been deposited in the fund to pay those costs.