HomeMy WebLinkAbout5.3 Alameda County Mayor's Conference CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 22, 1985 .
SUBJECT Written Communication from Alameda County Mayor' s
Conference
.EXHIBITS ATTACHED Memorandum from Mel Hing to Board of Supervisors dated
March 27 , 19$5 ; Letter to Board of Supervisors from
Alliance of California Taxpayers & Involved Voters ;
Copy of Assembly Bill 200; Copy of KTVU Editorial
RECOMMENDATION Direct Staff to send a letter of support to
appropriate state representatives .
FINANCIAL STATEMENT: Enactment of the legislation may assist in lowering
public agencies ' liability exposure in a limited area .
DESCRIPTION AB 200 (McAlister) is currently being discussed in the
State Assembly . The bill would provide immunity to a property owner if an
injury occurs during the commission or attempted commission of 26 specific
felonies .
The legislation in a large part is due to cases where criminals injured
while committing crimes , have won awards for injuries they have suffered
while committing crimes . In one case , a school district and the city were
sued when a thief fell through a skylight on a public building. An out of
court settlement was reached in the amount of $260 ,000 plus $1 , 200 a month
for the life of the injured person. This bill would eliminate the basis for
this type of claim, since the property owner would have immunity.
The League of California Cities is supporting the legislation, along with
other bills which attempt to reform tort law. This bill only addresses one
small area of the inequitable liability forced upon public agencies .
The Alameda County Mayor' s Conference considered this item at their April_
meeting and requested that cities support the measure . Similar legislation
was not passed out of the Assembly during the 19$3-$4 session, and input to
the legislature is considered to be important .
It is recommended that the City Council authorize the Mayor to direct a
letter supporting AB 200 to local state representatives and members of the
Assembly Judiciary Committee .
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COPIES TO :,
ITEM NO. ���
COUNTY OF ALAMEDA
OFFICE OF THE COUNTY ADMINISTRATOR
MEMORANDUM
March 27, 1985
TO: Each Member, Board of Supervisors
FROM: Mel Hing, County Administra
SUBJECT: AB 200 (McAlister) : Liability: Commission of Felonies
Existing law does not provide immunity from liability for a person who has an
interest in real property for an injury that occurs upon that property during
the course of or after the commission of any felony, or any attempt to commit
a felony, by the injured person. As an off-agenda item on March 19, 1985,
your Board requested a report on AB 200 which seeks to change this situation.
AB 200, as introduced by Assemblyman McAlister on January 8, 1985, would
provide that an owner, including a public entity, who has an interest in real
-_ property shall not be liable for any injury that occurred upon the property --
during the course of or after the commission of felonies, or any attempt to
commit those felonies, by the injured person. Although the bill has been
referred to the Assembly Committee on Judiciary, it has not yet been scheduled
for hearing. In order to "stay alive," it must pass out of this committee no
later than May 24, 1985.
Unless I hear from you to the contrary, the County's Sacramento Legislative
Advocate is directed -to support AB 200 on behalf of Alameda County on the
basis that it also reduces the County's exposure to liability during the
commission of a felony.
MH:JS:ng
cc: Charles H. Cruttenden
County Counsel
_ Risk Manager
` 2346c
APR 0 2 1985
*ACTIV*
Alliance of California Taxpayers & Involved Voters
Office of the State Chairman
P.O. Drawer 330 * Aptos * California 95001 * (408) 688-8986
February 19, 1985
Chairman,Board of Supervisors
Alameda County
1221 Oak Street
Oakland, CA 91612
Dear Chairman and Members of the Board:
I write to ask your help in securing passage and enactment into •
law of AB 200 (McAlister) by the California Legislature. -
AB 200 is intended to restore to home and property owners the ma-
jor protections against lawsuits by criminals who, injured during
the course of committing a felony, now may sue--and recover--huge
and unwarranted damage settlements from innocent property owners.
A 1968 decision of the California Supreme Court effectively undid
centuries of common law which held that trespassers had no right
to recovery for injuries incurred on property where no permission
to enter upon that property had been granted by the owner (Cite:
Rowland v. Christian, 69 Cal. 2d 108).
Since that 1968 decision, a "Pandora's box" of horror stories has -
been accumulating in which criminals, injured while in the act-of
committing a felony (or going to or from its commission) , profit
by suing the property owner and winning outrageous settlements.
A story which will appear in the next ACTIV NEWS is at Inclosure
1. It contains two specific such cases, one of which I would in-
vite your attention to in particular: the judgment against Shasta
County's City of Redding and local school district.
At Inclosure 2 is a "type" resolution adopted last year at my re-
quest, by the Board of Supervisors, County of Santa Cruz, urging
enactment of an essentially similar bill (AB 2800). Failure of .,; ; :::;
AB 2800 even to get out of the Judiciary Committee is discussed-- .
in detail and with possible reasons--in the ACTIV NEWS story. _
ACTIV is a nonprofit, nonpartisan, all-volunteer V association with
no special axe to grind other than the "axe" of common sense, and ,...,)
simple justice and equity under the law. Some of our members are
residents of Alameda County.
On their behalf, I respectfully urge you to adopt a resolution i
support of AB 200 and furnish copies to the Member(s) of the -
embly representing Alameda County, and ACTIV.
a
A:Phelps, Ch irman
Incl: a/s
1 FEB 2 8 1985
CALIFORNIA LEGISLATURE-J%8 -88 REGULAR SESSION
ASSEMBLY (BILL No. 200
Introduced by Assembly Member McAlister
(Principal coauthor: Senator Presley)
• 1
> . . Janes, 8, 1985
An' act to add Section 847 to the Civil Code, relating to
liability.
I EGISLATWE COUNSEL'S DICEST
AB 200, as introduced,'McAlister. Liability.
Existing law does not provide immunity from liability for a
person who has an interest in real property for an injury that
occurs upon that property during the course of or after the
commission of any felony,or any attempt to commit a felony,
by the injured person.
This bill would provide that an owner, including a public
entity, as defined, who has an interest in real property shall
not be liable for any injury that occurs upon that property
during the course of or after the commission of any of
specified felonies, or- any attempt to commit any of those
felonies, by the injured person.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no. _
--The people of the State of California do enact as follows:
1 ' ' SECTION 1. Section 847 is added to the Civil Code,
2 to read:
3 847. (a) An owner, including, but not limited to, a
4 public'. entity, as defined in Section 811.2 of the
5 Government Code, of any estate or any other interest in
6 real property,whether possessory or nonpossessory, shall
7 not be liable to any person for any injury that occurs upon
99 50
A -2—
B 200 —3— AB 200
' - 1 that property. during the course of or after .the 1 reasonable doubt by the civil court having jurisdiction.
2 commission of any of the felonies set forth in subdivision. 2 (e) This section does not limit the liability of an owner'
3 (b) by the injured person. 3 which otherwise exists for willful, wanton, or felonious
4 (b) The felonies to which the provisions of this section 4 conduct, or for willful or malicious failure to guard or
1 Murder or voluntary. 5 warn against a dangerous condition, use, structure, or
5 apply are the following: O 6 activity
6 manslaughter; (2) mayhem; (3) rape;- (4) sodomy by h'•
7 force, violence, duress, menace, or threat of great bodily ,
8 harm; (5) oral copulation by force, violence, duress,
9 menace, or threat of great bodily harm; (6) lewd acts on
10 a child under the age of 14 years; (7) any felony
11 punishable by death or imprisonment in the state prison
I 12 for life; (8) any other felony in which the defendant
13 inflicts great bodily injury on any person, other than an
14 accomplice, or any felony in which the defendant uses a
i 15 firearm; (9) attempted murder; (10) assault with intent
16 to commit rape or robbery;. (11) assault with a deadly
17 weapon or instrument on a peace officer; (12) assault by
18 a life prisoner on a noninmate; (13) assault with a deadly
19 weapon by an inmate; (14) arson; .(15). exploding a
20 destructive device or any explosive with intent to injure;
21 (16) exploding a destructive device or any explosive
22 causing great bodily injury; (17) exploding a destructive
23 device or any explosive,with -intent _to .murder; (18)
24 burglary; (19) robbery;J20) kidnapping; (21) taldng of a O
25 hostage by an inmate of a state.prison; (22) attempt to
26 commit a felony punishable by.death or imprisonment in
27 the state prison for:life; (23)-:any.felony in which the
28 defendant personally . used..-a-:dangerous ,.or , deadly ,
29 weapon; (24) selling,, furnishing, .,administering, or
30 providing heroin, cocaine; or phencyclidine.(PCP).to a
31 minor; (25) grand theft as defined in Sections 487 and.
32 487a of the Penal Code; and (26)_ any attempt to commit
33 a crime listed in this subdivision other. than an assault.
34 (c) The limitation on liability conferred by this section
35 arises at the moment the injured person commences the
36 felony or attempted.felony and extends to the moment
37 the injured person is no longer upon the property.:
38 (d) The limitation on liability conferred by this section
39 is dependent upon a finding that a felony or an attempted
40 felony was committed by the injured person beyond a
99 80 99 80
Ed 'Itonal
Outlook Flaydates: 4/1 , 4/3, 4/5
AB 200 VS Criminal Rights
Linder the law, a burglar, breaking into your home to rob,
rape, even murder you, has the right to sue you if he is
injured attempting to commit the crime.
What 's outrageous is that the !emb dic ' ary
Committee, under Oakland Assemblyma E has
killed every attempt to protect pr from
these lawsuits.
A new bill , AP 200, by Assemblyman ALister McAlister,"
will take away a criminal 's right to sue his victim.
We 've heard that Assemblyman Harris and his committee
will try to kill AB 200 by offering another bill
safeguarding a criminal 's right to sue unless he 's
actually convicted of a felony. Most felonies are plea-
bargained away so the Harris bill is meaningless.
Criminals could still sue their victims.
,�. Apparently it will take a lot of public pressure to turn
Assemblyman Harris around. You can start by calling him
at this number , 464-0339. Demand he support your rights
by approving AB 200.
l
APR p 2 1985
KTVU San Francisco Oakland Two Jack London Sq.,P.O.Box 22222,Oakland,CA 94623-2222 (415)834-1212