Legislation

SAN FRANCISCO - Attorney General Kamala D. Harris today released the following statement, after the bipartisan passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act in the U.S. Congress, reforming the Toxic Substances Control Act of 1976 (TSCA) to limit the number of dangerous chemicals in our environment.

“California leads the nation in protecting our air, water, and public health, and has taken bold steps to guard against the unsafe presence of toxic chemicals in our state. I applaud Congress’ bipartisan effort to update and reform the long-standing Toxic Substances Control Act and thank Senator Barbara Boxer for her advocacy to protect California’s public health and environment.”

The Act significantly expands the number of registered industrial chemicals that are subject to federal regulation. The passage of TSCA in 1976 grandfathered more than 80,000 chemicals available in the U.S., allowing their continued use without the U.S. Environmental Protection Agency (EPA) testing them for their affect on human health and the environment. In the absence of effective federal action, states like California stepped up to fill the void, protecting the public from highly toxic chemicals like flame retardants and emissions from industrial products.

In January, Attorney General Harris and 11 other state Attorneys General sent a letter urging Congress to limit preemption of state authority to regulate harmful chemicals, and noted the complementary roles played by states and the federal government in protecting people from toxic substances. The letter outlined seven key state principles to serve as guidelines for refining the final legislation.

The final version of the TSCA reform legislation eliminates or scales back nearly all the aspects of preemption to which Attorney General Harris and other Attorneys General objected, providing a path for states to continue to innovate, lead, work cooperatively with U.S. EPA and even enact restrictions that are more protective than the federal government’s efforts.

In particular, the final bill reflects five important principles outlined by Attorney General Harris and the coalition of Attorneys General:

• Once EPA has taken action on a chemical, the scope of state law preempted will be no broader than the scope of EPA’s action.  This means that if EPA acts with respect to a chemical based on a cancer risk, for example, states will not be precluded from acting as to that same chemical based on respiratory risk;
• States are not preempted from continuing to establish requirements on chemicals pursuant to longstanding state laws;
• States may continue to enforce existing state chemical restrictions;
• States may retain their role as co-enforcers of EPA regulations, retaining the authority to adopt and enforce identical limitations on chemicals as those adopted by EPA; and
• State laws related to water quality, air quality and waste treatment and disposal are not preempted.

The letter was signed by Attorney General Harris and the Attorneys General of Hawaii, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Oregon, Rhode Island, Vermont and Washington.

Since June 2013, when the most recent legislative push to reform TSCA began, Attorney General Harris has been actively advocating for reform that strengthens EPA’s authority, while also preserving states’ important role.  Attorney General Harris will continue to work with other state Attorneys General and with the U.S. Environmental Protection Agency in its new role to regulate harmful and toxic chemicals.

SACRAMENTO – Attorney General Kamala D. Harris today announced her support for Senate Bill 1143, legislation authored by Senator Mark Leno (D-San Francisco) that would significantly limit the practice of isolating juveniles in room confinement. 

“Subjecting young people to prolonged periods of isolated confinement is cruel, inhumane and counterproductive to rehabilitation. This unnecessary and punitive practice undermines the goal of helping this vulnerable young population become healthy and productive members of our society.  Through this legislation and other reforms, California will lead the nation in providing standards that improve the safety and welfare of both youth and staff at juvenile facilities,” said Attorney General Harris. “I applaud Senator Leno for his leadership on this issue.  I am proud to support common-sense, ‘smart on crime’ legislation that helps those currently and formerly incarcerated overcome obstacles to get their lives back on track, and meet their full potential. ”

SB 1143 would restrict the use of juvenile room confinement in facilities throughout the state. SB 1143 would limit the amount of time a minor may be placed in a locked sleeping room or cell without contact from others, aside from attorneys or facility staff. The bill expressly bans punitive, coercive, retaliatory confinement, as well as confinement used purely for convenience. It also expressly states that confinement shall not be used to the extent that the mental and physical health of the minor would be compromised. The bill then sets reasonable baselines for how long a minor may be confined prior to steps being taken to reintegrate them into the general population.

“The extensive support of SB 1143 is a testament to the harmful effects of prolonged confinement and isolation on the troubled youth in our care,” said Senator Leno. “This bill will help ensure detained young people receive the rehabilitative opportunities they need to safely reintegrate into the community. I am grateful for Attorney General Harris’s commitment to protecting vulnerable children in our state.”

Attorney General Harris created the Bureau of Children’s Justice in 2015, a first-of-its-kind bureau within the California Department of Justice to enforce children’s civil rights in education, foster care, and juvenile justice; hold those who prey on children accountable; and work with policymakers to craft and implement policies that improve outcomes for children.

In this legislative session, Attorney General Harris’s Bureau of Children’s Justice (BCJ) is also supporting a range of bills that would support foster youth and other at-risk and high-needs children. Along with SB 1143, BCJ supports the following bills related to children and youth:

• AB 1067 (Assemblymember Mike Gipson, D-Carson)

Requires the Department of Social Services (DSS) to convene a working group to make recommendations for the Foster Youth Bill of Rights.

• AB 1580 (Assemblymembers Mike Gatto, D-Glendale and Jacqui Irwin, D-Thousand Oaks)

Creates a process for the placement or removal of a security freeze for a protected consumer, a particularly helpful tool for vulnerable children such as foster youth who have an increased risk of identity theft.

• AB 1840 (Assemblymember Mike Gipson, D-Carson)

Requires that state agencies give preference to homeless youth and formerly incarcerated youth when hiring interns and student assistants.

• AB 1843 (Assemblymember Mark Stone, D-Scotts Valley)

Protects young people from being subjected to inquiry during the hiring process about arrests or detentions that did not lead to juvenile adjudications, arrests for which juveniles have completed probation programs, or records that a court has either ordered sealed or have been sealed automatically.

• AB 2390 (Assemblymember Cheryl Brown, D-San Bernardino)

Provides a legislative fix to 2010 legislation that inadvertently removed a mechanism for juvenile offenders with good records on supervised probation to obtain honorable discharge status.

• AB 2815 (Assemblymember Patrick O’Donnell, D-Long Beach)

Promotes a culture of attendance by giving district attendance supervisors new ways to address the root causes of chronic school absenteeism.

• SB 884 (Senator Jim Beall, D-San Jose)

Requires school districts, special education local plan areas, and the California Department of Education to document the mental health and special education services and funding provided to special education students, including data to monitor their effectiveness.

• SB 1466 (Senator Holly Mitchell, D-Los Angeles)

Requires screening services under the children’s Medi-Cal Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) program to include screening for trauma.

Attorney General Harris has a longstanding commitment to protecting and supporting children, holding accountable those who exploit or harm children, and pursuing innovative legal and policy solutions to combat crime by investing in children from a young age.

In addition to launching the Bureau of Children’s Justice in 2015, under Attorney General Harris’s leadership, the California Department of Justice was one of just three state agencies accepted by the U.S. Department of Justice to be part of its national Defending Childhood State Policy Initiative. Led by the Office of the Attorney General, the California Defending Childhood State Policy Initiative brings together a cross-sector team of state agency leaders to develop shared priorities to prevent and address children’s exposure to violence.

Attorney General Harris served two terms as District Attorney of San Francisco, where she created a child sexual assault unit. She also led the San Francisco City Attorney’s Division on Children and Families and specialized in prosecuting child sexual assault cases at the Alameda County District Attorney’s Office.

SACRAMENTO – Today Attorney General Kamala D. Harris announced her support for two legislative proposals, Senate Bill 1157 and Assembly Bill 1597, that would help individuals reintegrate into their communities and avoid return to custody. 

“We must hold criminals accountable for their crimes, but our criminal justice system should also provide tools and support individuals in their efforts to successfully reenter society and rebuild their lives,” said Attorney General Harris. “I applaud Senator Mitchell and Assemblymember Stone for championing ‘smart on crime’ bills that will curb recidivism and help inmates get their lives back on track.”

Senate Bill 1157, authored by Senator Holly Mitchell (D- Los Angeles), would guarantee that city and county correctional facilities that elect to utilize video and electronic visitation also provide a certain number of in-person visits for their inmates.  Research shows that in-person visits are a crucial component of successful rehabilitation and reentry, and cultivating positive influencers in the inmates’ lives has been integral to Attorney General Harris’ recidivism reduction pilot program, Back on Track-Los Angeles.  SB 1157 will be heard in Assembly Public Safety Committee this morning, Tuesday, June 21.

Assembly Bill 1597, authored by Assemblymember Mark Stone (D- Monterey), would enable inmates in county jail who have not yet been sentenced to earn credit reductions toward any resulting sentence by participating in rehabilitative programs and completing performance objectives known as “milestones.”  The bill would further specify that an inmate’s participation in such a program could not be used as evidence of guilt in court.  Under current law, only inmates who have been sentenced are eligible to participate in these programs and earn time off of their confinement.  Studies show that inmates who receive educational and vocational training are much less likely to return to prison and much more likely to succeed upon reentry into the community.  AB 1597 was enrolled to the Governor on Friday, June 17, and awaits his signature.

Attorney General Harris has been a longtime leader in the fight to curb recidivism in California. In 2005, then-San Francisco District Attorney Harris created the original Back on Track initiative, a reentry program that aimed to reduce recidivism rates of low-level, non-violent drug offenders.  The program successfully reduced recidivism among its graduates to less than 10 percent over a two-year period and was recognized by the U.S. Department of Justice as a model for law enforcement.

In November 2013, Attorney General Harris created the Division of Recidivism Reduction and Reentry within the California Department of Justice. The office partners with counties, District Attorneys and other community stakeholders to create effective practices and policy initiatives to address recidivism. The Division has developed a statewide definition of recidivism, identified grants to fund the creation and expansion of innovative anti-recidivism programs, and used technology to more effectively analyze recidivism metrics and data.

In 2015, Attorney General Harris launched Back on Track-Los Angeles, a pilot program in partnership with the Los Angeles County Sheriff’s Department and other public and private-sector partners to curb recidivism.  Back on Track-LA provides participants with the services and support needed for a seamless transition from in-custody to out-of-custody life, including cognitive behavioral therapy and academic and career-technical training while in custody and employment, housing and continuing education opportunities after release.

SACRAMENTO – Attorney General Kamala D. Harris today announced her support for Assembly Bill 2466, legislation authored by Assemblymember Shirley Weber (D-San Diego), which would ensure state law reflects a recent Superior Court ruling which restored voting rights to individuals serving time under community supervision.  The bill would also expand voting rights to those serving a felony sentence in county jail.

“The right to vote is fundamental to our democracy and society, and yet for too long we have stripped certain individuals of that right,” said Attorney General Harris.  “I applaud Assemblymember Weber for her leadership on this issue, because more Californians should be able to fully and meaningfully rebuild their lives, reintegrate into society and participate in our democracy.”

The proposed bill would ensure that individuals on post-release community supervision and mandatory supervision are eligible to vote statewide, codifying a 2014 ruling in the case of Scott v. Bowen, in which the Superior Court of Alameda County found that these individuals retain their voting rights under Section 2, Article II of the California Constitution.  The bill further specifies that a person who is not imprisoned – defined as serving a state or federal prison sentence – or on parole for the conviction of a felony, is eligible to register to vote, effectively guaranteeing that serving a felony sentence in county jail will not strip individuals of their right to vote.

“In our rush to be seen as tough on crime, we have overlooked a fundamental principal of justice in our democracy – fairness in the application of punishments,” said Assemblymember Weber.  “I am grateful for the Attorney General’s support for this legislation. It is significant that the state’s top law enforcement official acknowledges that low-level offenses do not meet the appropriately high threshold for stripping Californians of their Constitutional voting rights.”

In 1976, California ended permanent disenfranchisement and narrowed restrictions on voting eligibility to people currently imprisoned or on parole for a felony conviction.  In 2011, following the passage of the Criminal Justice Realignment Act, more than 60,000 Californians were disenfranchised in the wake of an ongoing debate regarding how to interpret the terms “imprisoned” and “parole.”  This debate was put to rest with the ruling in Scott v. Bowen when the Superior Court of Alameda County drew a distinction between the new forms of community supervision and parole.

Attorney General Harris has worked tirelessly to protect the civil rights of all Californians, including former offenders, LGBTQ individuals, undocumented immigrants, and communities of color.

In 2013, Attorney General Harris joined the Attorneys General of Mississippi and North Carolina in a friend-of-the-court brief in Shelby County, Alabama v. Holder, urging the United States Supreme Court to uphold the constitutionality of Section 5 of the Voting Rights Act of 1965, landmark legislation that prohibited states with a history of voting discrimination from wrongfully restricting the right to vote.

In 2015, Attorney General Harris and 19 other Attorneys General submitted a friend-of-the-court-brief in Evenwel v. Abbott, supporting states’ rights to consider total population rather than voter or potential voter population when establishing fair districting polices.

Attorney General Harris has also pioneered programs to combat recidivism and ensure that individuals released from prison or jail are given a chance to become productive members of society.  In October 2013, she created the Division of Recidivism Reduction and Reentry, which has developed a statewide definition of recidivism, identified grants to fund innovative recidivism programs, and used technology to more efficiently gather crucial recidivism data and metrics.

In 2005, then-San Francisco District Attorney Harris created the Back on Track initiative, a reentry program to reduce recidivism among certain low-level, non-violent drug offenders.  The program reduced recidivism among its graduate to less than 10 percent over a two-year period.  As Attorney General, she created a new version of this initiative, Back on Track–LA, an innovative recidivism reduction partnership with the Los Angeles County Sheriff’s Department, Los Angeles County Probation Department, and other public and private-sector partners.  This comprehensive anti-recidivism initiative works to hold offenders accountable, while preparing them to reenter society as contributing and law-abiding members of their communities.

LOS ANGELES - Attorney General Kamala D. Harris and the Attorneys General of Connecticut, District of Columbia, Hawaii, Iowa, Maine, Maryland, Massachusetts, Minnesota, New York, Pennsylvania, and the State of Hawaii, Office of Consumer Protection yesterday sent a letter to the Senate Armed Services Committee expressing opposition to an amendment to the National Defense Authorization Act (NDAA) proposed by Senator Joe Manchin (D-WV) that would allow any college approved for military tuition benefits to have unrestricted access to recruit on military bases. 

“Predatory schemes targeting veterans are unconscionable,” said Attorney General Harris.  “The proposed amendment would weaken current rules intended to protect our servicemembers, and harm veterans by making them vulnerable to fraud and exploitation.  We must protect our nation’s veterans and servicemembers from predators who would exploit them for their educational benefits.”

Under existing standards, educational institutions already have sufficient access to military installations, especially for counseling purposes.  This amendment would weaken the existing protections and leave veterans and servicemembers more susceptible to aggressive and deceptive recruiters on military properties.

Attorney General Harris and the other state attorneys general also point out that current protections are indeed insufficient and should be strengthened to ensure that servicemembers are able to perform their duties free from harassment by unscrupulous recruiters.

In issuing this letter, the attorneys general join a number of military and veterans service organizations as well as other advocacy organizations in voicing concerns over the amendment. These organizations have noted their opposition in the following letters: http://veteranseducationsuccess.org/s/Letter-to-Manchin-re-NDAA-43d5.pdf

http://veteranseducationsuccess.org/s/Letter-to-McCain-Reed-re-NDAA-Manchin-Provision-arm9.pdf

This letter is Attorney General Harris’ latest effort to protect veterans from targeted scams and predatory practices.  In March of this year, Attorney General Harris obtained a $1.1 billion default judgment against Corinthian Colleges, which targeted servicemembers and veterans and illegally used the seals of the military services in its marketing materials.  Attorney General Harris and seven states also sent a letter to the Department of Veterans Affairs urging VA Secretary Robert McDonald to take steps to ensure that veterans are given accurate information about the risks associated with using their benefits at predatory schools like the now-defunct Corinthian Colleges, Inc.  

Last year, Attorney General Harris issued a consumer alert warning veterans and their survivors to be on alert following a rise in reported pension poaching scams, and last Friday, in honor of Memorial Day, issued consumer tips to help California servicemembers and veterans protect themselves from common scams. In November 2015, Attorney General Harris announced a stipulated judgment against JPMorgan Chase over allegations of credit card debt-collection abuses that violated the Servicemembers Civil Relief Act and the California Military Veterans Code and required the payment of restitution to servicemember-victims nationwide.  The Attorney General’s office has also provided training and support to military legal assistance attorneys on consumer protection issues.

The letter to Senator Manchin opposing the amendment is attached to the online version of this news release at www.oag.ca.gov/news.

SACRAMENTO - Attorney General Kamala D. Harris today released the following statement after Governor Jerry Brown signed into law Senate Bill 1408, authored by Senator Allen (D – Santa Monica), which would allow life-saving transplants between HIV-positive individuals. Attorney General Harris received a letter earlier this week from a transplant surgeon at University of California, San Francisco and immediately urged the legislature to act to change existing law and allow HIV-positive individuals to receive organ donations from other HIV-positive individuals.

“I applaud Governor Brown and the legislature for working swiftly to eliminate outdated and discriminatory policies that criminalized life-saving organ transplants between HIV-positive donors and recipients.  Through tremendous, bi-partisan cooperation, our state's elected officials acted on a rare opportunity to immediately save lives.”

LOS ANGELES – Attorney General Kamala D. Harris and the Attorneys General of 12 other states and the District of Columbia today sent a letter to the leaders of both houses of Congress, urging them to immediately direct funding to the Centers for Disease Control and Prevention (CDC) to research causes and prevention of gun-related injuries and deaths.

“Gun violence terrorizes our communities and threatens our public safety,” said Attorney General Harris. “As Attorney General, I see the devastating impact of gun violence every day.  I urge Congress to lift the restriction on funding research into the causes of gun violence, which will promote public safety and save lives.”

The CDC distributes over $11 billion in research grants annually, but since 1996 Congress has restricted the use of any CDC funds to research gun violence prevention. While more than half a million Americans have died from gun violence over the past twenty years, federal funding for gun violence research has been cut by 96 percent.

The letter, also signed by the Attorneys General of Massachusetts, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, New York, Oregon, Rhode Island, Vermont , Virginia, and Washington calls on Congress to fund the CDC to research urgent questions about the root causes of gun violence and ways to most effectively intervene and prevent gun-related injuries and deaths, such as gun safety improvements or counseling by healthcare providers.

The Attorneys General wrote in the letter that more than 33,000 people die every year in the United States from gun violence and unintentional shootings account for an additional 600 deaths annually. Gun violence also disproportionately affects communities of color, as African Americans are nearly twice as likely to be injured or killed by guns as white individuals. 

Attorney General Harris has prioritized implementing effective gun safety measures in California. This year, she called for California to strengthen its research efforts around gun violence prevention, supporting SB 1006, authored by Senator Lois Wolk, to urge the University of California Regents to establish a California Firearm Violence Research Center.

Since November 2013, Attorney General Harris has brought the number of individuals in the Armed Prohibited Persons System (APPS) database to a historic low of under 11,000, the lowest level since 2008—effectively removing nearly 25,000 individuals who are prohibited from owning a firearm due to their criminal history, mental health status, or existence of a restraining order.

In 2013, Attorney General Harris also convened a Leadership Group of California’s district attorneys to collaboratively develop recommendations to reduce gun violence through enforcement of existing laws and prevention efforts.

The letter is attached to the online version of this news release at oag.ca.gov/news.

SACRAMENTO – Attorney General Kamala D. Harris today released the following statement, as leaders in the California State Assembly unveiled a package of bills aimed at reducing gun violence. 

“An epidemic of gun violence has cost too many Californians their lives and jeopardized public safety for too long.  As California's chief law enforcement officer, I see the urgent need to pass sensible gun safety legislation that aims to keep our streets and communities safe.  This is why I am working with members of our legislature to pursue these common sense policies.”

In January, Attorney General Harris and Assemblymember David Chiu (D-SF) announced AB 1663, legislation to close the “bullet button” loophole, which allows gun owners to quickly convert a rifle into a semi-automatic assault weapon.  This bill would expand the classification of assault weapons to include semi-automatic center fire rifles, which are capable of accepting detachable magazines. 

Attorney General Harris has made the implementation of effective gun safety measures a priority.  Since November 2013, Attorney General Harris has brought the number of individuals in the Armed Prohibited Persons System (APPS) database to a historic low of under 11,000, the lowest level since 2008—effectively removing nearly 25,000 prohibited individuals.  Over the last three years, the California Department of Justice has also doubled the average number of guns seized annually and increased the number of investigations per month by nearly 300 percent.

In 2011, Attorney General Harris sponsored SB 819 (Leno) to allow the Department of Justice to use existing regulatory fees collected by gun dealers (“DROS fees”) for purposes of regulatory and enforcement activities related to firearms, including management of APPS.  This went into effect January 2012.  In 2013, Attorney General Harris sponsored SB 140 (Leno) to appropriate $24 million in funding from the DROS Account to help support the APPS program; this urgency legislation went into effect immediately in May 2013.

In 2013, Attorney General Harris also convened a Leadership Group of California’s district attorneys to collaboratively develop recommendations to reduce gun violence through enforcement of existing laws and prevention efforts.

LOS ANGELES – Attorney General Kamala D. Harris today issued an information bulletin to California law enforcement agencies to reinforce integral eviction procedures under the California Homeowner Bill of Rights. Under current California law, occupants of a foreclosed property who are not named in eviction documents - such as tenants - can present a “Claim of Right to Possession” form to temporarily stop the eviction process up to and including when the Sheriff comes to remove them from the property.

Following the 2012 national mortgage settlement, Attorney General Harris sponsored the landmark California Homeowner Bill of Rights (HBOR), which took effect on January 1, 2013. The legislation package included additional protections for homeowners and tenants facing foreclosure. Although HBOR has been in effect since 2013, advocacy groups have reported cases in which Sheriffs proceed with the eviction process despite being presented with a Claim of Right to Possession form. This bulletin provides guidance for Sheriffs performing evictions following a foreclosure. 

“This bulletin clarifies integral protections and due process available under the Homeowner Bill of Rights,” said Attorney General Harris.  “I sponsored this bill to provide a fair process for vulnerable Californians who are facing the loss of their homes. I thank the advocacy organizations for their tireless work on behalf of those affected by the foreclosure crisis."

Prior to HBOR, occupants who were not named in an Unlawful Detainer Complaint were required to respond to a “Prejudgment Claim of Right to Possession” within 10 days of service. This is no longer the case.  Under HBOR, certain post-foreclosure occupants, such as tenants, can temporarily stop the eviction process by presenting a Claim of Right to Possession, including at the time of the lockout, to the Sheriff at the property. Once a claim is presented, the Sheriff should take no further action until notified by the court.  The bulletin further instructs Sheriffs on how to respond when presented with a Claim of Right to Possession. 

“HBOR provides critical protections for tenants in foreclosed properties.  Western Center on Law & Poverty is grateful to the Attorney General for providing guidance to the sheriffs who play a key role in implementing these protections and ensuring that innocent tenants will not be evicted without notice,” said Madeline S. Howard, Senior Staff Attorney at the Western Center on Law and Poverty. 

“Over 1 million California tenants suffered displacement after their landlords’ foreclosure from 2008-2012.  The tenant protections of HBOR helped address this crisis, and the Claim of Right to Possession gave tenants a new tool to assert their rights. However, many tenants have had difficulty using this procedure because it was new and education was limited.  Tenants Together believes that this Bulletin will significantly improve the use of the Claim of Right to Possession and ensure that Sheriffs across the state are able to properly follow the legal process,” said Leah Simon-Weisberg, Legal Director at Tenants Together. 

Western Center and Tenants Together have received calls asking for assistance with the prejudgment claim process and reports of post-foreclosure eviction abuse from tenants in the Central Valley, Inland Empire, and the San Francisco Bay Area. 

Attorney General Harris has worked to ensure that California’s homeowners are treated fairly and with consideration during the foreclosure process. In 2011, she created the Mortgage Fraud Strike Force, which was tasked with the responsibility to investigate and prosecute misconduct related to aspects of the mortgage process. In February 2012, Attorney General Harris secured more than $20 billion for struggling California homeowners from the nation’s five largest banks.

The Attorney General has also taken steps to improve relations between the public and law enforcement agencies. In 2015, she directed a review of her Division of Law Enforcement's policies on implicit bias and the use of force. Following the 90-day Review, Attorney General Harris created the first POST-certified course on Procedural Justice and Implicit Bias in the United States. In 2016, she sponsored legislation that would create a stand-alone course for peace officers on principled policing, procedural justice and implicit bias. She later formed the 21st Century Policing Working Group, which has convened several times to discuss its current progress and strategies to improve policing policies to fit the needs of today.   In addition, Attorney General Harris sent a bulletin to law enforcement making clear that federal immigration detainers are voluntary and that law enforcement agencies should direct resources in a manner that best serves their community.

SACRAMENTO -- Attorney General Kamala D. Harris today announced her support for the Homeowner Survivor Bill of Rights, California Senate Bill 1150, legislation authored by Senators Mark Leno (D-San Francisco) and Cathleen Galgiani (D-Stockton).  The proposed bill would require companies that collect payments from borrowers—mortgage loan servicers— to communicate with the widowed spouses and survivors of homeowners to ensure that survivors receive accurate information about assuming responsibility for a mortgage and avoiding foreclosure. This legislation builds on Attorney General Harris’ work in 2011, when she secured $20 billion in relief for California homeowners.

“Following the devastating loss of a loved one, too many Californians also face the possibility of being stripped of their home. This proposed legislation requires mortgage servicers to communicate with spouses and children of deceased homeowners and gives them a fighting chance to stay in their homes,” said Attorney General Harris. “I thank Senators Leno and Galgiani for their efforts to extend critical financial and legal services to Californians facing unnecessary foreclosures.”

The proposed legislation would allow survivors or heirs to simultaneously apply for both loan assumption and loan modification and provide a single point of contact with the lender. The California Senate Banking Committee will hold a hearing on the legislation this afternoon.

“Instead of getting basic information on how to proceed with a home loan following the death of a loved one, surviving spouses and children face a labyrinth of paperwork and conflicting directions and requests, which only prolongs their grief,” said Senator Leno. “Many family members unnecessarily lose their homes without ever knowing they had the right to assume the loan or seek foreclosure remedies. Before more families give up, we must step in.”

"As California's senior population increases, so does this problem. Through its common-sense protections, SB 1150 would prevent additional, unnecessary, ‘red-tape foreclosures’ on widows, widowers, and other heirs,” said Kevin Stein, Associate Director at California Reinvestment Coalition.

In 2013, the Consumer Financial Protection Bureau issued guidance stating that “servicer[s] must have policies and procedures reasonably designed to ensure that, upon notification of the death of a borrower, the servicer promptly identifies and facilitates communication with a successor in interest of the deceased borrower with respect to the property that secures the deceased borrower’s mortgage loan.”  Despite this guidance, the California Department of Justice continues to receive reports that mortgage servicers are refusing or failing to communicate with widows and orphans of deceased homeowners.  SB 1150 would require servicers to communicate with successors and prevent families from facing unnecessary foreclosures after the deaths of their loved ones. 

In 2012, Attorney General Harris helped to enact the California Homeowner Bill of Rights (HBOR), a landmark package of laws establishing key mortgage and foreclosure protections to California homeowners and borrowers.  The laws, which took effect on January 1, 2013, restrict dual-track foreclosures, guarantee struggling homeowners a reliable point of contact at their lender, impose civil penalties on fraudulently signed mortgage documents, and require loan servicers to document their right to foreclose.  Dual-track foreclosures refer to a practice whereby a lender forecloses on a home while homeowners are simultaneously seeking a loan modification.

The California Homeowner Bill of Rights also extended the statute of limitations to prosecute mortgage fraud-related crimes to three years and allowed the Attorney General’s office to use statewide grand juries to investigate and indict the perpetrators of financial crimes involving victims in multiple counties.  For more information, see http://oag.ca.gov/hbor.

In May 2011, Attorney General Harris created a Mortgage Fraud Strike Force within the California Department of Justice to investigate and prosecute misconduct at all stages of the mortgage process and in February 2012, Attorney General Harris secured an unprecedented settlement with the nation’s five largest banks, securing $20 billion in relief for California homeowners.

SB 1150 is sponsored by the California Alliance for Retired Americans, Housing and Economic Rights Advocates and California Reinvestment Coalition.