The
following bills of interest to the legal community were introduced
in April:
�AB
104,
by Assemblyman Jose Solorio, D-Anaheim, which would require the Department
of Justice and local law enforcement agencies to supply criminal history
information to city attorneys for the purpose of assisting them in
obtaining injunctions against gang activity. The bill was amended
April 10 to make it applicable to injunctions against drug activity
as well.
�AB
159 ,
by Assemblyman David Jones, D-Sacramento, which, as amended, would
create 50 new superior court judgeships and an unspecified number
of Court of Appeal judgeships, subject to appropriations, and convert
a maximum of 162 commissioner and referee positions into judgeships
over time. The bill was approved by a vote of 10-0 in the Judiciary
Committee April 10 and sent to the Appropriations Committee suspense
file for possible approval later in the session, in the event that
funds are available.
�AB
171,
by Assemblyman Jim Beall, D-San Jose, which, as amended, would create
an expanded Loan Assumption Program for public interest lawyers to
replace the Public Interest Attorney Loan Repayment Program, under
which the state makes 3,000 grants each year to assist lawyers with
repayment of their student loans. The current program is limited to
attorneys who work for a prosecutor's office, child support agency,
or public defender's office; the expanded program would add those
working for a legal services agency or a county counsel's office.
The bill was approved April 18 by an 11-5 vote of the Appropriations
Committee and is scheduled for final reading on the Assembly floor
today.
�AB
289,
by Assemblyman Todd Spitzer, R-Orange, which would allow a judge,
when imposing sentence, to grant a protective order, valid for up
to 10 years, barring a defendant from harassing the victims of the
crime or their families. The bill was sent to the Appropriations Committee
suspense file April 25.
�AB
357,
by Mendoza, which would allow candidates to use donated funds, not
subject to campaign contribution limits, to pay attorney fees for
recounts and related litigation. The bill passed the Assembly April
26 by a vote of 74-0.
�AB
367,
by Assemblyman Kevin De Leon, D-Los Angeles, which, as amended, would
require the Judicial Council to establish standards for the collection
of court-ordered fines, fees, costs, and penalties, including public
defender costs and jail booking fees. The bill was amended in the
Assembly April 17 and passed the Judiciary Committee April 24 by a
vote of 10-0.
�AB
403,
by Assemblyman Van Tran, R-Costa Mesa, which would specify that an
attorney cannot claim attorney-client privilege where the privilege
has been waived by the holder, or by a person authorized by the holder
to waive the privilege, and would provide for the appointment of a
new personal representative for an estate if the previous personal
representative was discharged and disclosure is sought of a communication
deemed privileged in the absence of a waiver by a personal representative.
The bill was amended April 16 to provide that its provisions are inapplicable
to criminal proceedings, and a hearing in the Judiciary Committee
is scheduled for May 8.
�AB
406,
by Assemblywoman Cathleen Galgiani, D-Stockton, which would require
the state to reimburse all of Merced County's costs for the prosecution
of Cuitlahuac Tahua Rivera, a reputed gang member charged with the
murder of a Merced police officer. The bill was sent to the Appropriations
Committee suspense file April 18.
�AB
475,
by Assemblyman Bill Emmerson, R-Rancho Cucamonga, which would give
the arresting agency the right to notice and to present evidence at
the hearing on a motion to destroy an arrest record. The bill was
approved by unanimous vote of the Public Safety Committee April 17.
�AB
481,
by Tran, which, as amended April 9, would require that a tenant defending
against an unlawful detainer action based on a claim that the landlord
has breached legal obligations, specify the nature of the violations
and declare that the tenant is prepared to immediately transmit rent.
As introduced, the bill would have allowed a landlord suing in unlawful
detainer to seek a deposit of prospective rent.
�AB
500,
by Assemblyman Ted Lieu, D-Torrance, which would establish procedures
by which attorneys could appear by telephone or teleconference at
any proceeding at which witnesses are not expected to testify. The
bill was approved by unanimous vote of the Appropriations Committee
April 25.
�AB
692,
by Assemblyman Gene Mullin, D-South San Francisco, which would require
an Internet lawyer referral service that refers clients to California
lawyers to register with the State Bar. The bill passed the Assembly
April 26 by a vote of 74-0.
�AB
737,
by Assemblyman Rick Keene, R-Chico, which, as amended April 24, would
keep the existing limits on small claims jurisdiction in place pending
completion of a Judicial Council study, to be completed by Jan. 1,
2009. As introduced, the bill would have raised the jurisdictional
limits for suits by corporations from $5,000 to $7,500, the same as
for individuals, and would have allowed both individuals and corporations
to file an unlimited number of claims of up to $5,000, plus two claims
per year over that amount.
�AB
859,
by Assemblyman George Plescia, R-San Diego, which, as amended April
16, would permit substituted service at a defendant's residence between
the hours of 8 a.m. and 8 p.m. The bill passed the Assembly April
19 by a vote of 73-0 and was sent to the Senate.
�AB
860,
by Assemblywoman Mary Salas, D-Chula Vista, which would eliminate
the right to trial by jury on prior-conviction allegations in criminal
cases. The bill is to be heard the Committee on Public Safety May
8.
�AB
1043,
by Assemblywoman Sandre Swanson, D-Oakland, which would make void
and unenforceable as against public policy any provision in an employment
contract that requires an employee, as a condition of obtaining or
continuing employment, to use a forum other than California, or to
agree to a choice of law other than California law, in any dispute
with an employer regarding employment-related issues that arise in
California. The bill was approved by the Committee on Labor and Employment
April 18 by a vote of 6-2.
�AB
1090,
by Spitzer, which, as amended, would require that candidates, including
judicial candidates, seeking to use a ballot designation support that
designation by filling out a worksheet prescribed by the secretary
of state. The bill was approved by the Elections and Redistricting
Committee April 17 by a vote of 7-0 and was sent to the Appropriations
Committee.
�AB
1115,
by Assemblywoman Sharon Runner, R-Lancaster, which would permit a
rape prosecution to be initiated up to one year from the date that
the perpetrator's identity is established by a DNA test. A scheduled
April 10 hearing before the Committee on Public Safety was cancelled
at the request of the author.
�AB
1125,
by Assemblywoman Laura Richardson, D-Long Beach, which would permit
police officers to issue domestic violence protective orders without
court approval in certain emergency situations. A scheduled hearing
was postponed April 17 by the Committee on the Judiciary.
�AB
1126,
by Assemblyman Mike Eng, D-El Monte, which would expedite discovery
in unlawful detainer cases. The bill was approved by a 10-0 vote of
the Judiciary Committee April 10 and by a 15-0 vote of the Appropriations
Committee April 25.
�AB
1133,
by Assemblyman Mervyn Dymally, D-Compton, which would provide that
in "Three Strikes" cases, a third conviction that is not
for a serious or violent felony would-with certain exceptions such
as drug, weapons, and sex offenses- be treated as a second strike.
The Public Safety Committee heard testimony on the bill April 10.
�AB
1158,
by Assemblyman John Benoit, R-Riverside, which, as amended, would
provide for videoconferencing so that sick or infirm witnesses may
testify at conditional examinations of witnesses in criminal cases.
A scheduled April 10 hearing before the Committee on Public Safety
was cancelled at the request of the author.
�AB
1210,
by Assemblywoman Shirley Horton, R-Lemon Grove, which, as amended,
would amend the special provisions for admission of hearsay evidence
in a prosecution under the Street Terrorism Enforcement and Prevention
Act to delete the requirement that a declarant have died of other
than natural causes. A hearing is scheduled in the Public Safety Committee
May 8.
�AB
1211,
by Assemblyman Curren Price Jr., D-Inglewood, which would clarify
responsibility for the payment of deposition costs in civil actions.
The bill was amended in the Assembly April 18 and approved April 26
by a vote of 74-0.
�AB
1248,
by Evans, which would make various changes with regard to civil procedure,
court fees, and funding. An amended version of the bill was approved
by a 10-0 vote of the Judiciary Committee April 17.
�AB
1264,
by Eng, which as amended April 10, would make certain changes with
regard to delay reduction rules. The amendments eliminated the original
provision that would have prohibited courts from requiring, as part
of local "fast-track" rules, that a summons and complaint
be served in less than 90 days. The amended version of the bill passed
the Judiciary Committee April 17 by a vote of 10-0.
�AB
1340,
by Assemblyman Dave Jones, D-Sacramento, which would place on the
November 2008 general election ballot a $2 billion bond issue relative
to the acquisition, design, construction, and renovation of court
facilities. The bill was referred to the Judiciary Committee, where
a hearing scheduled for April 24 was postponed.
�AB
1557,
by Assemblyman Michael Feuer, which would limit peremptory challenges
to six per side in all misdemeanor cases. Current law allows 10 peremptory
challenges per side in trials for offenses punishable by more than
90 days in jail. A scheduled hearing in the Judiciary Committee was
postponed April 16 and the bill was re-referred to the Committee on
Public Safety, where a hearing is scheduled for May 8.
�AB
1660,
by Assemblyman Doug LaMalfa, R-Redding, which, as amended, would allow
a victim or a designated victim's representative to be present at
all criminal proceedings open to the general public. The bill was
referred to the Committee on Public Safety, where a hearing is scheduled
May 8.
�SB
110,
by Sen. Gloria Romero, D-Los Angeles, which, as amended, would establish
a 20-member sentencing commission chaired by the chief justice, with
power to determine the sentences for infractions and crimes, subject
to rejection by a two-thirds majority vote of the Legislature. The
bill passed the Public Safety Committee April 10 by a vote of 3-2
and was sent to the Appropriations Committee, where a hearing is scheduled
for today.
�SB
256,
by Sen. Elaine Alquist, D-San Jose, which would add a number of sex
crimes to the list of offenses for which there is no statute of limitations.
The bill was heard by the Committee on Public Safety April 17.
�SB
271,
by Sen. Gil Cedillo, D-Los Angeles, which, as amended, would permit
district attorneys and city attorneys, regardless of city's population,
to sue for damages where a nuisance is created by gang activity. The
bill passed the Senate April 16 by a vote of 36-0 and was sent to
the Assembly.
�SB
353,
by Sen. Sheila Kuehl, D-Encino, which would allow a court, when issuing
a domestic violence restraining order, to determine the right to custody
of household pets. Final reading of the bill is scheduled today on
the Senate floor.
�SB
559,
by Sen. Christine Kehoe, D-San Diego, which would protect property
from full value reassessment due to the death of the surviving owner's
domestic partner prior to 2006. Such protection already exists where
the partner died on or after Jan. 1, 2006. The bill was amended April
18.