California 2011-2012 Regular Session Status: Enacted

SB 1403 — Domestic violence: permanent restraining orders and elder abuse orders.

Last action — Chaptered by Secretary of State. Chapter 516, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2012. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Existing law permits the tenant to quit the premises after notification and limits the tenant's obligation for payment of rent, as specified. Existing law requires the notice to terminate the tenancy to be given within 180 days of the date the order was issued or the report was made, or as specified. This bill would include abuse of an elder or a dependent adult, as defined, among the acts for which a tenant may terminate a tenancy under the above provisions. The bill would also include a copy of a protective order among the approved documents required to be provided to the landlord with a notice to terminate a tenancy under the above provisions. Existing law prohibits a landlord from terminating a tenancy or failing to renew a tenancy based upon an act of domestic violence, sexual assault, or stalking against a protected tenant, as defined, or a protected tenant's household member when that act is documented by a temporary restraining order, emergency protective order, or a written report, as specified, and the person who is restrained from contact with the protected tenant under the protection order, or is named in the police report of that act is not a tenant of the same dwelling unit. This bill would include protective orders among the documents that may be provided to establish domestic violence, sexual assault, or stalking against a protected tenant or a protected tenant's household member under the above provisions. The bill would also include abuse of an elder or a dependent adult among the acts for which a landlord may not terminate a tenancy or fail to renew a tenancy under the above provisions. Existing law requires the Judicial Council, on or before January 1, 2012, to develop a new form or revise an existing form that may be used by a party to assert in the responsive pleading the grounds described above as an affirmative defense to an unlawful detainer action. This bill would require that action by the Judicial Council to be taken on or before January 1, 2014.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 516, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. Assembly amendments concurred in. (Ayes 26. Noes 0. Page 5108.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 6770.) Ordered to the Senate.

  7. Assembly Rule 63 suspended. (Page 6750.)

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 8. Noes 0.) (August 30).

  10. Joint Rule 62(a) file notice suspended. (Ayes 52. Noes 26. Page 6648.)

  11. Re-referred to Com. on JUD. pursuant to Assembly Rule 77.2.

  12. Read third time and amended. (Ayes 51. Noes 27. Page 6559.)

  13. Assembly Rule 63 suspended. (Ayes 50. Noes 26. Page 6557.)

  14. Ordered to third reading.

  15. Withdrawn from committee. (Ayes 52. Noes 27. Page 6556.)

  16. Referred to Com. on JUD.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Urgency clause adopted. Passed. (Ayes 35. Noes 0. Page 4632.) Ordered to the Assembly.

  19. Read second time and amended. Ordered to third reading.

  20. From committee: Do pass as amended. (Ayes 5. Noes 0. Page 4549.) (August 15).

  21. Set for hearing August 15.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  23. Re-referred to Com. on JUD.

  24. Re-referred to Com. on RLS.

  25. Withdrawn from committee.

  26. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  27. Set, first hearing. Hearing canceled at the request of author.

  28. Set for hearing July 3.

  29. Re-referred to Com. on GOV. & F.

  30. Re-referred to Com. on RLS.

  31. Withdrawn from committee.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E., U. & C.

  33. Set, first hearing. Failed passage in committee. (Ayes 3. Noes 8. Page 3304.) Reconsideration granted.

  34. Set for hearing April 24.

  35. Hearing postponed by committee.

  36. Set for hearing April 17.

  37. Referred to Com. on E., U. & C.

  38. Read first time.

  39. From printer. May be acted upon on or after March 26.

  40. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Yee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Yee

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 1403 Yee Senate Third Reading

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 77000
Democratic 0001
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Butler — Yea
Hagman — Yea
Hill — Yea
Huber — Yea
John A. Pérez — Yea
Mitchell — Yea
Carter — Yea
Jeffries — Yea
Knight — Yea
Perea — Yea
Wagner — Yea
Atkins — Yea
Fuentes — Yea
Campos — Yea
Furutani — Yea
Gatto — Yea
Gordon — Yea
Cedillo — Yea
Portantino — Yea
Gorell — Yea
Halderman — Yea
Conway — Yea
Allen — Yea
Hall — Yea
Harkey — Yea
Bonilla — Yea
Fong — Yea
Fletcher — Yea
Cook — Yea
Huffman — Yea
Alejo — Yea
Beall — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Lara — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Pan — Yea
Smyth — Yea
Torres — Yea
Williams — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Yamada — Yea
Galgiani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Unfinished Supp 4 SB1403 Yee Concurrence

Passed 26 Yea · 0 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 230014
Republican 1000
Democratic 2000
Total 260014
% of votes cast 65%0%0%35%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Not Voting
Fuller — Yea
Rubio — Not Voting
Hancock — Yea
Lowenthal — Not Voting
Harman — Not Voting
Runner — Not Voting
Kehoe — Not Voting
Lieu — Yea
Liu — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Not Voting
Corbett — Not Voting
Dutton — Not Voting
Pavley — Not Voting
Price — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Wolk — Yea
Hernandez — Yea
Huff — Yea
Leno — Not Voting
Walters — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Not Voting
Beth Gaines — Not Voting
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Republican 0001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Gorell — Yea
Dickinson — Yea
Monning — Yea
Huber — Yea
Wagner — Yea
Wieckowski — Yea
Alejo — Yea
Feuer — Yea
Jones, Brian W. Republican Not Voting

Official roll call →

SB 1403 Yee Senate Third Reading Amend By GORDON Set #1

Passed 51 Yea · 27 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 502502
Democratic 1000
Republican 0200
Total 512702
% of votes cast 64%34%0%3%
How each member voted (80)
Member Party Vote
Gorell — Nay
Halderman — Nay
Butler — Yea
Carter — Yea
Feuer — Yea
Furutani — Yea
Fong — Yea
Gordon — Yea
Allen — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huber — Yea
Huffman — Yea
Chesbro — Yea
Lara — Yea
Bonilla — Yea
Atkins — Yea
Beall — Yea
Block — Yea
Ma — Yea
Mendoza — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Wieckowski — Yea
Campos — Yea
Galgiani — Not Voting
Fletcher — Not Voting
Garrick — Nay
Conway — Nay
Hagman — Nay
Harkey — Nay
Cook — Nay
Donnelly — Nay
Jeffries — Nay
Logue — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Valadao — Nay
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Knight — Nay
Mansoor — Nay
Monning — Yea
Norby — Nay
Solorio — Yea
Swanson — Yea
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading (Urgency Clause)

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Democratic 2000
Republican 0001
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Wyland — Yea
Hancock — Yea
Runner — Yea
De León — Yea
Blakeslee — Yea
Huff — Yea
Lieu — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Wolk — Yea
Yee — Yea
Negrete McLeod — Yea
Lowenthal — Not Voting
Rubio — Not Voting
Harman — Not Voting
Corbett — Yea
Hernandez — Not Voting
Dutton — Yea
Leno — Yea
Vargas — Yea
Alquist — Yea
Anderson — Yea
Kehoe — Yea
Pavley — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Cannella — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Evans — Yea
Corbett — Yea
Harman — Yea
Blakeslee — Yea
Leno — Yea

Official roll call →

Reconsideration granted.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 1000
Democratic 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Fuller — Yea
Rubio — Yea
De León — Yea
Corbett — Yea
Kehoe — Yea
Wright — Yea
Pavley — Yea
Simitian — Yea
Emmerson — Yea
DeSaulnier — Yea
Bill Berryhill — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, but re-refer to the Committee on Appropriations.

Failed 3 Yea · 8 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3602
Republican 0100
Democratic 0100
Total 3802
% of votes cast 23%62%0%15%
How each member voted (13)
Member Party Vote
Fuller — Nay
Kehoe — Nay
Rubio — Nay
De León — Not Voting
Corbett — Yea
Wright — Yea
Pavley — Nay
Simitian — Not Voting
Emmerson — Nay
DeSaulnier — Yea
Bill Berryhill — Nay
Padilla, Stephen C. Democratic Nay
Strickland, Tony Republican Nay

Official roll call →

Set, first hearing. Failed passage in Committee. Reconsideration granted.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11000
Republican 1000
Democratic 1000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Rubio — Yea
De León — Yea
Kehoe — Yea
Pavley — Yea
Wright — Yea
Simitian — Yea
Corbett — Yea
Emmerson — Yea
DeSaulnier — Yea
Fuller — Yea
Bill Berryhill — Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety housing civil-rights
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Frequently asked questions

What does SB 1403 do?
Existing law authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence, sexual assault, or stalking and intends to terminate the tenancy, and requires that the tenant attach a copy of a temporary restraining order, emergency protective order, or a report by a peace officer to the notice. Existing law permits the tenant to quit the premises after notification and limits the tenant's obligation for payment of rent, as specified. Existing law requires the notice to terminate the tenancy to be given within 180 days of the date the order was issued or the report was made, or as specified. This bill would include abuse of an elder or a dependent adult, as defined, among the acts for which a tenant may terminate a tenancy under the above provisions. The bill would also include a copy of a protective order among the approved documents required to be provided to the landlord with a notice to terminate a tenancy under the above provisions. Existing law prohibits a landlord from terminating a tenancy or failing to renew a tenancy based upon an act of domestic violence, sexual assault, or stalking against a protected tenant, as defined, or a protected tenant's household member when that act is documented by a temporary restraining order, emergency protective order, or a written report, as specified, and the person who is restrained from contact with the protected tenant under the protection order, or is named in the police report of that act is not a tenant of the same dwelling unit. This bill would include protective orders among the documents that may be provided to establish domestic violence, sexual assault, or stalking against a protected tenant or a protected tenant's household member under the above provisions. The bill would also include abuse of an elder or a dependent adult among the acts for which a landlord may not terminate a tenancy or fail to renew a tenancy under the above provisions. Existing law requires the Judicial Council, on or before January 1, 2012, to develop a new form or revise an existing form that may be used by a party to assert in the responsive pleading the grounds described above as an affirmative defense to an unlawful detainer action. This bill would require that action by the Judicial Council to be taken on or before January 1, 2014.
Who sponsors SB 1403?
SB 1403 is sponsored by Yee.
What is the current status of SB 1403?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track SB 1403?
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