§ 893. — 893. (Added by Stats. 1986, Ch. 838, Sec. 1.)

(a)
It is an affirmative defense for a natural person who is a defendant in a civil action brought under Section 891, or a criminal action brought under Section 892, if all of the following occurred:
(1)
The defendant used the rental revenue due but not paid to holders of mortgages or deeds of trust to make payments to any of the following:
(A)
Health care providers, as defined in paragraph (2) of subdivision (c) of Section 6146 of the Business and Professions Code, for the unforeseen and necessary medical
treatment of the defendant or his or her spouse, parents, or children.
(B)
Licensed contractors or material suppliers to correct the violation of any statute, ordinance, or regulation relating to the habitability of the premises.
(2)
The defendant made the payments within 30 days of receiving the rental revenue.
(3)
The defendant had no other source of funds from which to make the payments.
(b)
The defendant has the burden of producing evidence of each element of the defense specified in subdivision (a) in a criminal action under Section 892 and the burden of proof of each element of the defense in a civil action under Section 891.

Legislative History

Added by Stats. 1986, Ch. 838, Sec. 1.