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Legislation

The California Association of Code Enforcement Officers is sponsoring four bills during this legislative session. In addition, we are working to move Assembly Bill 506 AB 506 (Lieu) which will provide that the penalty for battery on a Code Enforcement Officer causing injury will be a wobbler. Currently, it is only a misdemeanor to commit battery against a Code Enforcement Officer causing injury.

AB 1931, Will permit local agencies to utilize volunteer Illegal Dumping Enforcement Officers provided these persons meet selection and training standards similar to those established for reserve peace officers or volunteer humane officers.

AB 1990, This bill will protect the public by prohibiting the impersonation of a public officer vested with enforcement authority by adding public officer language to existing law.

AB 2198, This bill seeks to close loopholes in the Penal Code amending Penal Code Section 148.9(b) relating to the duty to provide true identity, Penal Code Section 834a relating to the duty to refrain from using force, and Penal Code Section 836(b) relating to the duty to refrain from escape.

AB 2245, This bill will allow Illegal Dumping Enforcement Officers to carry batons if the Illegal Dumping Enforcement Officer has satisfactorily completed a course of instruction certified by the Department of Consumer Affairs in the carrying and use of a club or baton.

We are watching the following bills:

AB 1751, Would allow cities/counties to enact ordinances providing for 30 day impoundment of vehicles used in the commission of commercial illegal dumping or prostitution.

AB 1769,Would exempt all peace officers from jury service.

AB 1855, Amends POBOR to prohibit admission of any statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action in any subsequent judicial proceeding.

AB 1917, Would allow LA County Board of Supervisors to designate mental health & jail physicians as "safety members" for retirement.

AB 1953, Adds part-time or temporary District Attorney investigators to Penal Code 830.1.

AB 1958, Grants DMV confidentiality to any code enforcement officer responsible for housing code enforcement, firefighter, veterinarian employed by a zoo, a public animal control agency shelter, or a society for the prevention of cruelty to animals shelter or a humane society shelter.

SB 1164, Amends Penal Code 830.11 to grant peace officer powers of arrest, authority to serve search warrants, and access state summary criminal history information to DOJ Medi-Cal Fraud Auditors.

SB 1212, Peace Officers Impersonation with badges.

AB 2754, Would grant presumptive disability status to a Safety Member, Firefighter, Probation Officer, or active Law Enforcement member who develops a methicillin-resistant Staphylococcus aureus skin infection (MRSA).

AB 429, Would prohibit Code Enforcement Officers from inspecting hotel registers or other information for compliance with local ordinances without a warrant, subpoena or other court order.

AB 1724, Would overturn O’Connell v. City of Stockton (2007) 41 Cal.4th 1061, 1076, fn.4 and allow cities/counties to enact an ordinance declaring a motor vehicle used in the commission of an act violating a city or county ordinance intended to protect public safety to be a public nuisance subject to forfeiture.

AB 2169, Would prohibit cities/counties from issuing a business license to operate an ice cream truck to any person required to register as a sex offender.

AB 2187, Would require a lender/person who takes possession of real property by foreclosure proceedings to notify the city/county in which the property is located of its plan for managing the property in the period prior to the sale of the property and would require the lender/ person to reimburse city/county for specified abatement activities.

AB 2588, Would authorize cities/counties to regulate the types of products to be sold from commercial vending vehicles in residential districts

AB 2693, Would allow code enforcement officers who are designated as transportation enforcement officers to obtain a warrant to seize an unlicensed taxicab.

AB 2925, Would require a person/entity acquiring ownership interest in a property for which an enforcement agency has recorded with the county recorder any specified documents relating to substandard building violations to provide that enforcement agency with specified identifying information and documents, concurrently with the completion of sale, an exchange of property, or closure of escrow.

SB 1655, Would make a nonsubstantive changes to Penal Code Section 538d.

SB 1519, Would require taxicab enforcement agencies to investigate unlicensed taxicab companies upon receiving a complaint; would require taxicab companies to include their license/permit number in advertisements and authorize a $5,000.00 fine for failure to comply; would authorize taxicab enforcement agencies to seek a court order to disconnect telephone service to an unlicensed taxicab company; would authorize taxicab enforcement agency to assess investigative costs, including late fees against a violator; would require taxicab enforcement agencies to provide specified administrative appeal procedures.

SB 1509, Would increase the penalty for assault on a highway worker to up to one year in jail and/or a $2,000 fine and make battery causing injury a misdemeanor/felony wobbler.

SB 1336, Would add a representative from the Chief Probation Officers of California to the membership of the CLETS advisory committee.

SB 1137, Would require a legal owner to maintain vacant residential property purchased at a foreclosure sale, or acquired by that owner through foreclosure under a mortgage or deed of trust. Would authorize a governmental entity to impose civil fines and penalties for failure to maintain that property of up to $1,000 per day for a violation. The bill would require a governmental entity that seeks to impose those fines and penalties to give notice of violation and an opportunity to abate at least 14 days prior to imposing the fines and penalties, and to allow a hearing for contesting those fines and penalties.

For more information on the bills mentioned above and other bills CACEO is following, please click on the links below: