�

The following bills of interest to the legal community were acted upon in June:

•AB 126, by Assemblyman Mike Davis, D-Los Angeles, which would require the governor to disclose the names of all persons outside his administration whom he has consulted with respect to potential judicial appointments, and would require members of the Commission on Judicial Nominees Evaluation to undergo two hours of annual anti-bias training. The bill, which passed the Assembly May 23 by a vote of 48-27, was approved by the Senate Judiciary Committee June 14 by a vote of 4-1 and re-referred to the Appropriations Committee.

•AB 141, by Assemblyman Felipe Fuentes, D-Sylmar, which would specifically mandate that jurors be instructed that the ban on communications about a trial extends to text messaging and other forms of electronic communication. The bill, which passed the Assembly April 14 by a vote of 60-0, was approved by the Senate Public Safety Committee June 7 by a vote of 6-0, was approved by the Judiciary Committee June 21 by a vote of 4-0, and was re-referred to the Appropriations Committee.

•AB 142, by Fuentes, which would require that a criminal defendant who pleads guilty or no contest be advised that if he or she is deported as a result of the plea, and returns to the United States illegally, he or she could be charged with criminal reentry by the federal government. The bill, which passed the Assembly March 31 by a vote of 51-19, passed the Senate Public Safety Committee June 7 by a vote of 4-2.

•AB 144, by Assemblyman Anthony Portantino, D-La Canada Flintridge, which, as amended, would make it a crime to openly carry an unloaded firearm, to carry firearms in moving vehicles, or to allow a person to bring a firearm into a motor vehicle, subject to exceptions. The bill, which passed the Assembly May 16 by a vote of 46-29, was amended by the Senate June 1; re-referred to the Public Safety Committee, which approved it June 7 by a vote of 4-2; and re-referred to the Appropriations Com­mittee. The bill was ordered to third reading June 28.

•AB 193, by Assemblyman Steve Knight, R-Palmdale, which, as amended, would bar the use of a single-family residence at which a registered sex offender resides as a polling place. The bill, which was approved by the Assembly May 2 by a vote of 73-1, was sent to the Senate, where it was referred to the Committee on Elections and Constitutional Amendments, which approved it June 8 by a vote of 5-0.

•AB 238, by Assemblywoman Alyson Huber, D-El Dorado Hills, which would codify the procedure for claiming privilege in discovery disputes. As amended, the bill provides that the party claiming privilege may be required “to provide sufficient factual information in its response for other parties to evaluate the merits of that claim, including, if necessary, a privilege log.” As originally proposed, the bill would have allowed the opposing party to demand a privilege log in every instance. The bill passed the Assembly April 25 by a vote of 68-0 and was sent to the Senate, where a Judiciary Committee hearing set for June 14 was cancelled at the request of the author.

•AB 239, by Assemblyman Tom Ammiano, D-San Francisco, which would increase state oversight of local crime laboratories. The bill, which passed the Assembly May 31 by a vote of 79-0, was amended in the Senate June 28.

•AB 265, by Ammiano, which, as originally introduced, would have required a residential landlord to wait 14 days, rather than the current three, before demanding that a tenant who has defaulted on rent either pay or quit the premises. As amended April 6, the bill retains the three-day notice rule, but allows a tenant to avoid eviction by paying all past and current rent plus court costs, including up to $350 in attorney fees. The bill was sent to the inactive file June 2 at the author’s request.

•AB 354, by Assemblyman Jim Silva, R-Huntington Beach, which, as amended, would provide that a person who has taken, concealed, or disposed of property belonging to a trust, conservatee, estate, or minor by use of undue influence in bad faith or through the commission of elder or dependent adult financil abuse, as defined, shall be liable for double damages. The bill, which passed the Assembly March 25 by a vote of 71-0, passed the Senate June 10 by a vote of 39-0 and was sent to enrollment.

•AB 362, by Assemblywoman Bonnie Lowenthal, D-Long Beach, which would increase the number of signatures required to authorize a write-in challenge to an otherwise unopposed incumbent Superior Court judge. The bill, which passed the Assembly April 11 by a vote of 53-21, was amended in the Senate last month and approved by the Senate Committee on Elections and Constitutional Amendments June 8 by a vote of 5-0.

•AB 433, by Lowenthal, which would eliminate the procedure allowing objections in superior court to a petition to issue a new birth certificate to a person who has undergone sex change surgery. The bill passed the Assembly May 5 by a vote of 55-22 and was sent to the Senate, where it passed the Judiciary Committee June 9 by a vote of 4-1.

•AB 520, by Ammiano, which, as amended June 28, would establish procedures by which a person convicted of alcohol-related reckless driving could obtain a restricted driver’s license prior to the completion of a mandatory one-year suspension. As originally introduced, the bill would have provided that an upper term sentence may not be imposed under the Determinate Sentencing Law, except on the basis of facts in aggravation found by the trier of fact.

•AB 559, by Assemblywoman Sandre Swanson, D-Oakland, which, as amended, would provide that recovery of costs by a prevailing plaintiff is mandatory, rather than discretionary, where the plaintiff recovers less than the general jurisdiction threshold, in an action under the Fair Employment and Housing Act. The bill, which passed the Assembly May 26 by a vote of 47-26, was approved by the Senate Judiciary Committee June 14 by a vote of 3-2.

•AB 618, by Assemblyman Warrant Furutani, D-Long Beach, clarifying the right of a non-English-speaking criminal defendant to the assistance of a court interpreter. The bill passed the Assembly June 1 by a vote of 51-24.and was sent to the Senate, where it was initially assigned to the Judiciary Committee, then re-referred to the Public Safety Committee, where a June 27 hearing was cancelled at the author’s request.

•AB 622, by Assemblyman Roger Dickinson, D-Sacramento, which would amend civil grand jury procedures. The bill passed the Assembly June 1 by a vote of 66-8 and was sent to the Senate, where it was referred to the Judiciary Committee, where a scheduled June 20 hearing was postponed.

•AB 625, by Ammiano, which, as amended, would establish a tiered system of sex offender registration, in which some offenders would have to register for 10 years after release from custody, some for 20 years, and others for life. The bill was placed on the inactive file June 2 at the request of the author.

•AB 934, by Assemblyman Mike Feuer, D-West Hollywood, which would limit the application of the litigation privilege; it would expressly invalidate the holdings in Action Apartment Ass’n v. City of Santa Monica (2007) 41 Cal.4th 1232 and Feldman v. 1100 Park Lane Associates (2008) 160 Cal.App.4th 1467 by making the privilege inapplicable to eviction notices and similar documents served by landlords on tenants. The bill failed in the Assembly June 3 by a vote of 49-13.

•AB 973, by Assemblywoman Nora Campos, D-San Jose, which would require that every trial court hold a public hearing prior to submitting its annual budget request to the Judicial Council. The bill passed the Assembly June 1 by a vote of 51-24, passed the Senate Judiciary Committee June 21 by a vote of 4-0, and was re-referred to the Senate Appropriations Committee June 27.

•AB 1017, by Ammiano, to reduce the penalty for marijuana cultivation. The bill was defeated June 1 by a vote of 24 in favor, 36 opposed. Reconsideration was granted, but the bill was sent to the inactive file, eliminating any chance for passage this year.

•AB 1062, by Dickinson, which would make orders dismissing or denying petitions to compel arbitration non-appealable. The bill, which passed the Assembly in May on a vote of 42-29, was referred to the Senate Judiciary Committee June 2.

•AB 1067, by Huber, which would provide that an order denying reconsideration is not appealable. As amended April 25, the bill would clarify that while such an order is not “separately” appealable, the denial of reconsideration is reviewable upon appeal from the underlying order. The bill passed the Senate Judiciary Committee June 14 by a vote of 5-0, passed the full Senate June 27 by a vote of 37-0, and was ordered to enrollment.

•AB 1082, by Gatto, dealing with powers of attorney. The bill, which passed the Assembly May 23 by a vote of 78-0, was referred to the Senate Judiciary Committee June 2 and was approved by that committee June 21 by a vote of 4-0.

•AB 1111, by Assembly members Nathan Fletcher, R-San Diego, and Holly Mitchell, D-El Segundo, which would prohibit a court from garnishing wages or levying a bank account for the enforcement and collection of fees, fines, forfeitures, or penalties imposed by a court against a person under 25 years of age who has an outstanding unpaid citation for truancy, loitering, curfew violations, or illegal lodging if the court obtains information that the person is homeless. The bill passed the Assembly May 11 by a vote of 73-0, and was sent to the Senate, where it was referred to the Committee on Public Safety June 2.

•AB 1133, by Assemblyman Jim Silva, R-Huntington Beach, which would require recusal of a civil grand juror if such person was employed, within the preceding three years, by the agency that is the subject of an investigation. The bill, which passed the Assembly April 25 by a vote of 68-0, was approved by the Senate Judiciary Committee June 7 by a vote of 5-0.

•SB 8, by Sen. Leland Yee, D-San Francisco, which, as amended, requires auxiliaries and foundations associated with the University of California, California State University, and community colleges to comply with the California Public Records Act. There would be exemptions protecting the anonymity of donors and volunteers in all cases except in situations where there is a quid pro quo in which the donor or volunteer receives something from the university valued at over $2,500 or in which the donor or volunteer receives a no-bid contract within five years of the donation, or where a donor attempts to influence curriculum or university operations. The bill passed the Senate June 2 by a vote of 38-1, was referred to the committees on Higher Education and Government Operations June 13, and was amended in the Assembly June 15 and again on June 23.

•SB 129, by Sen. Mark Leno, D-San Francisco, which would make it unlawful for an employer to discriminate against a qualified medical marijuana patient based on such person’s qualified patient status or a positive drug test, unless the employee uses the drug on the employer’s premises or the employment is “safety-sensitive.” The bill was placed on the inactive file at the author’s request June 2.

•SB 163, by Sen. Noreen Evans, D-Santa Rosa, which, as amended, would make significant changes to the structure of the State Bar, while fixing dues for 2012 at the current level. The bill passed the Senate June 2 by a vote of 39-0 and was sent to the Assembly, where it passed the Judiciary Committee June 28 by a vote of 8-1.

•SB 182, by Sen. Ellen Corbett, D-San Leandro, which, would require the governor to collect and release data on the sexual orientation and gender identity of judicial applicants, in addition to the data on race and gender that must be released under current law. As amended, the bill would require a departing governor to provide the data for the governor’s last year in office to his or her successor, and would require that any report indicate the number of applicants who declined to respond. The bill passed the Senate June 1 by a vote of 23-14 and was sent to the Assembly, where it passed the Judiciary Committee June 21 by a vote of 7-3 and was re-referred to the Appropriations Committee.

•SB 221, by Sen. Joseph Simitian, D-Palo Alto, which, as amended, would raise the jurisdictional limit for most small claims actions by natural persons to $10,000, while retaining the current $7,500 limit for automobile injury claims. The bill, which would sunset Jan. 1, 2015, and which passed the Senate May 31 by a vote of 38-0, passed the Assembly Judiciary Committee June 21 by a vote of 10-0, passed the full Assembly June 21 by a vote of 77-0, and was returned to the Senate, which approved it with Assembly amendments June 27 and sent the bill to enrollment.

•SB 326, by Yee, which, as amended, would require the Judicial Council—within 18 months—to enact a rule providing for “case-initiating” documents in civil and criminal courts in counties that have implemented the Central Case Management System to be made available to the public on the day of filing. The bill, which passed the Senate May 31 by a vote of 39-0, passed the Assembly Judiciary Committee June 21 by a vote of 10-0 and was re-referred to the Appropriations Committee.

•SB 405, by Corbett, which would create up to 10 new judgeships during the 2011-12 fiscal year in order to convert subordinate judicial officer positions in family law or juvenile law only. This would be in addition to the 16 annual conversions already authorized for the superior courts generally. The bill passed the Senate June 1 by a vote of 26-12 and passed the Assembly Judiciary Committee June 21 by a vote of 7-3.

•SB 428, by Sen. Tony Strickland, R-Westlake Village, which would make omnibus changes to criminal law. As amended, the bill would enact “Lester’s Law” adding skateboards and scooters to the list of non-motorized conveyances that Vehicle Code Secs. 21203 and 21712 prohibit a person from towing, and from being towed by a vehicle on. The bill passed the Senate June 2 by a vote of 39-0 and was sent to the Assembly, where it was referred to the Public Safety Committee.

•SB 651, by Leno, which would eliminate the “common residence” requirement for domestic partnerships. The bill passed the Senate June 1 by a vote of 24-15 and was sent to the Assembly, where the Judiciary Committee approved it June 28 by a vote of 6-3.

•SB 671, by Sen. Curren D. Price, D-Inglewood, relating to continuing education requirements for shorthand reporters. The bill, which passed the Senate May 31 by a vote of 27-11, was sent to the Assembly and referred to the Committee on Business, Professions, and Economic Development June 16.

•SB 890, by Leno, which would regulate the business of buying delinquent consumer debt and establish specific procedures applicable to court actions by persons engaged in such business. The bill was sent to the inactive file June 2 at the author’s request.