Bill Text
Bill Start
|
Amended
IN
Senate
July 14, 2015 |
|
Amended
IN
Assembly
May 18, 2015 |
|
Amended
IN
Assembly
April 21, 2015 |
|
Amended
IN
Assembly
March 26, 2015 |
CALIFORNIA LEGISLATURE—
2015–2016 REGULAR SESSION
| Assembly Bill | No. 718 |
| Introduced by Assembly Member Chu (Coauthor: Assembly Member Gonzalez) |
February 25, 2015 |
An act to add Section 50034 to the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 718, as amended, Chu.
Local government: powers.
Existing law authorizes the legislative body of a city or county to pass ordinances not in conflict with state or federal law and the state or federal constitution.
This bill would prohibit the legislative body of a city, county, or city and county from prohibiting or otherwise subjecting to civil or criminal penalties, or removing or impounding a motor vehicle by reason of, the act of sleeping or resting in a lawfully parked motor vehicle. The bill would also find and declare that the provisions of the bill address the health and safety of homeless individuals, a matter of statewide concern, and that therefore, they apply to charter cities, charter counties, and charter cities and counties.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares that the provisions of this measure address the health and safety of homeless individuals, a matter of statewide concern, and that therefore, they apply to charter cities, charter counties, and charter cities and counties.SEC. 2.
Section 50034 is added to the Government Code, to read:50034.
(a) The legislative body of a city, county, or city and county shall not prohibit or otherwise subject to civil or criminal penalties, or remove and impound a motor vehicle by reason of, the act of sleeping or resting in a lawfully parked motor vehicle.(b) Nothing in this section shall be interpreted to do any of the following:
(1) Prohibit a law enforcement officer from arresting, citing, or otherwise
penalizing an occupant of a motor vehicle for any criminal activity or violation of the Vehicle Code.
(2) Exempt an occupant of a motor vehicle from compliance with any state or local law, including those relating to litter, sanitation, alcohol or drug consumption, weapons possession, animal control, or noise control.
(3) Exempt a vehicle owner from compliance with a local ordinance that restricts the use of public streets for vehicle storage.