AB 897
Trespassing: removal of trespassers on residential property.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Public Safety
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Sign in to take action- Introduced
- Passed Assembly
- Passed Senate
- To Governor
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Bill overview
This bill, the Remove Illegal Squatters from Private Property Act, creates a new crime of unlawful squatting for individuals who knowingly reside on private property without the owner’s knowledge or consent. Law enforcement agencies must issue a citation and require the squatter to provide documentation authorizing their presence. If the documentation is deemed improper or fraudulent, the individual will be removed, fined, and potentially face misdemeanor charges. The bill also clarifies that local law enforcement will be responsible for addressing this issue.
Key provisions
- Defines ‘unlawful squatting’ as knowingly residing on private property without permission.
- Requires law enforcement to issue a citation and demand documentation authorizing entry.
- Allows a court to determine if documentation is legitimate; fraudulent documentation leads to removal and fines.
- Establishes a potential misdemeanor penalty for unlawful squatting.
- Excludes certain individuals (tenants, former tenants in dispute, holdover tenants, and those with a claim of tenancy or adverse possession) from the definition of ‘squatter’.
- Specifies that ‘resides’ means to inhabit or live on the property.
- Provides a mechanism for avoiding state reimbursement to local agencies for this mandate.
- States that costs incurred due to a change in crime or infraction penalties will not require reimbursement.
Who is affected
- Property Owners
- Residents of California
- Law Enforcement Agencies
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AB897:v97#DOCUMENT
Bill Start
| Amended IN Assembly April 09, 2025 |
| Amended IN Assembly March 28, 2025 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 897
| Introduced by Assembly Member DeMaio |
| February 19, 2025 |
An act to add Section 602.15 to the Penal Code, relating to trespassing.
LEGISLATIVE COUNSEL'S DIGEST
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Remove Illegal Squatters from Private Property Act.
SECTION 1.SEC. 2.
Section 602.15 is added to the Penal Code, to read:
602.15.
(a) (1) A person commits the offense 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.
(2) A law enforcement agency that receives a complaint of a violation of paragraph (1) shall issue a citation to the person accused of violating paragraph (1) requiring them to, within three business days, present the law enforcement agency with properly executed documentation that authorizes the person’s entry on the land or premises. That documentation may include a properly executed lease or rental agreement or proof of rental payments.
(3) A person who does not provide documentation pursuant to paragraph (2) shall be subject to arrest for the violation of paragraph (1).
(4) If a person provides documentation pursuant to paragraph (2), a magistrate court shall set a hearing within seven days of the submission of that documentation to determine whether the documentation is properly executed or meritorious. If the court determines that the documentation is improper or fraudulent, the person shall be removed from the property and subject to fines to cover damages, back rent based on the property’s fair market value, and shall be subject to punishment pursuant to subdivision (b).
(b) A violation of paragraph (1) of subdivision (a) shall be punishable as a misdemeanor by imprisonment in the county jail for up to one year.
(c) (1) Notwithstanding any other law or local ordinance, this section is intended to provide the remedies for the unauthorized occupation of residential property by squatters.
(2) This section shall apply only to unauthorized persons. This section does not apply to a tenant, former tenant who is in an active dispute with the owner, a holdover tenant, or a person with a bona fide claim of tenancy or title, including title by adverse possession.
(d) As used in this section, “resides” means to inhabit or live on or within any land or premises.
SEC. 2.SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.