The
following bills of interest to the legal community were acted upon
in July:
•AB
171,
by Assemblyman Jim Beall, D-San Jose, which, as amended, would implement
the Court of Appeal decision in In re Estate of Claeyssens, 161 C.A.
4th 465, by eliminating graduated probate filing fees and establishing
a uniform fee of $320, payable upon filing of a party's first petition
or objections. The bill, which passed the Assembly last year in a
different form, passed the Senate July 10 by a vote of 35-0 and was
sent to the Assembly for concurrence in amendments.
•AB
360,
by Assemblyman Wilmer Carter, D-Rialto, which, as amended, would make
changes relating to the juvenile justice system, authorizing counties
to establish "restorative" programs. The bill, which passed
the Assembly earlier this year, was amended in the Senate July 7 to
limit the conditions under which a minor would be eligible for the
restorative programs.
•AB
926,
by Assemblywoman Noreen Evans, D-Santa Rosa, which, as amended, would
adopt a number of provisions of the Uniform Rules Relating to Discovery
of Electronically Stored Information. The bill, which is backed by
the Judicial Council, Consumer Attorneys of California and California
Defense Counsel, passed the Assembly May 3 by a vote of 70-0. It passed
the Senate Judiciary Committee with amendments July 1 by a vote of
5-0, passed the Senate July 10 35-0, and was sent to the Assembly
for concurrence in amendments July 15.
•AB
1405,
by Assemblyman Bill Maze, R-Visalia, which, as amended, would provide
for the confidentiality of statements made by juveniles in the course
of assessments under Welfare and Institutions Sec. 241.1. The bill,
which passed the Assembly last year, was amended in the Senate June
24 to eliminate a provision allowing the minor's counsel to waive
confidentiality, passed the Senate June 30 by a vote of 27-8, and
was re-referred to the Assembly Judiciary Committee July 3.
•AB
1679,
by Evans, which, as amended, would open court files in paternity actions
to the parties and their attorneys or agents without the necessity
of a court order, although judgments would remain sealed. The bill
would, with respect to all others, retain the requirement of a court
order, granted only in "exceptional cases," before any part
of a court file in a paternity case could be made public. The bill
was signed by the governor July 1.
•AB
1820,
by Assemblywoman Cathleen Galgiani, D-Stockton, which would revise
the formula by which counties are reimbursed for the cost of homicide
trials. The bill, which passed the Assembly May 19 by a vote of 76-0,
passed the Senate July 3 by a vote of 37-0 with amendments, which
were approved by the Assembly July 15 by a vote of 77-0. The bill
was sent to the governor.
•AB
1852,
by Assemblyman Kevin Jeffries, R-Murrieta, which would make it an
infraction, rather than a crime, to participate in a sports betting
pool, as long as no one is being paid to "book" bets. The
bill passed the Assembly May 8 by a vote of 65-4. As amended in the
Senate May 23 and June 17, the change would not apply where the amount
of the pool is more than $2,500 or where the wager was placed online,
and would reduce the maximum fine for the first offense to $250. The
bill passed the Senate July 7 by a vote of 36-1 and was sent to the
Assembly for concurrence in amendments.
•AB
1873,
by Assemblyman Ted Lieu, D-Torrance, which, as originally introduced,
would have permitted a party or witness, with the permission of the
court, to appear by telephone in small claims court. The bill, which
passed the Assembly April 14 by a vote of 67-4, was amended in the
Senate July 2 to eliminate the provision for telephone hearings, limiting
the scope of the bill to minor changes in the procedure for securing
a postponement of a small claims hearing.
•AB
2092,
by Assemblyman Hector De La Torre, D-South Gate, which provides that
a defendant who has had charges dismissed after successfully completing
probation shall not thereby become eligible for a public office from
which the person is otherwise disqualified by reason of having been
convicted on those charges. The governor signed the bill into law
July 10.
•AB
2095,
by Assemblyman Mike Davis, D-Los Angeles, which would require disclosure
of the identities of persons who advise the governor with respect
to judicial appointments and require members of the State Bar Commission
on Judicial Nominees Evaluation to complete two hours of training
each year "in the areas of fairness and bias in the judicial
appointments process." The bill, which passed the Assembly May
19 by a vote of 46-27, was amended in the Senate July 7.
•AB
2448,
by Assemblyman Michael Feuer, D-West Hollywood, which, as amended,
would revise standards and procedures for granting fee waivers in
civil cases, providing among other things, for a lien against a plaintiff's
recovery for waived fees, if the amount of the settlement or judgment
exceeds $10,000. The bill, which passed the Assembly May 8 by a vote
of 50-25, was amended in the Senate June 16 and approved by a 3-2
vote of the Judiciary Committee June 25.
•AB
3049,
by the Assembly Judiciary Committee, which, as amended, would authorize
the State Bar to charge dues for next year at the current $400 rate,
plus a $10 annual fee that would be authorized through 2013 and would
be used solely to acquire a southern California headquarters to which
the State Bar would relocate once its current lease expires in 2014.
The bill was signed by the governor July 21.
•SB
610,
by Sen. Ellen Corbett, D-San Leandro, which provides that a prosecution
for a felony offense is commenced when the defendant is arraigned
on a complaint that charges the defendant with a felony. The bill,
which is slated to become law Jan. 1, was signed by the governor July
10.
•SB
1407,
by Sen. Don Perata, D-Oakland, which would authorize a major court
facilities capital outlay program for the improvement, renovation
and replacement of court facilities. Under SB 1407, up to $5 billion
in lease revenue bonds would be issued to finance approximately 40
court facilities projects. The projects would be selected by the Judicial
Council, and the state bonds would be financed by revenues that would
be generated by raising certain civil and criminal fees and assessments.
The bill, which passed the Senate as an urgency measure May 29 by
a vote of 28-8, was approved by the Assembly Public Safety Committee
July 1 by a vote of 5-1 and placed on the Appropriations Committee
suspense file July 16.