The
following bills of interest to the legal community were introduced
in March:
•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
March 22 and approved by a 16-0 vote of the Appropriations Committee
March 28.
•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 amended March 22.
•AB
160,
by Assemblywoman Sally Lieber, D-Mountain View, which would express
legislative intent to establish a Sentencing Commission to develop
a new sentencing structure for criminal courts. The bill was approved
on a 5-2 vote by the Committee on Public Safety March 27.
•AB
163 ,
by Assemblyman Tony Mendoza, D-Norwalk, which would classify Los Angeles
Superior Court law clerks as permanent employees after 180 days of
employment. A similar bill was vetoed last session by the governor.
A March 28 amendment stripped the bill of its original content and
replaced it with unrelated text.
•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 amended March 22 approved by a 5-2 vote of the Committee
on Higher Education March 27.
•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 approved by a 7-0 vote of the
Committee on Public Safety March 27.
•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 was approved by the Committee
on Elections and Reapportionment March 27 by a vote of 7-0.
•AB
360,
by Assemblyman Wilmer Carter, D-Rialto, which would make changes relating
to the juvenile justice system. The bill was referred to the Committee
on Public Safety March 1. A hearing scheduled for March 27 was cancelled
at the request of the author.
•AB
367,
by Assemblyman Kevin De Leon, D-Los Angeles, which would require the
Judicial Council to create a task force to study the collection of
court-ordered fines, fees, costs, and penalties, including public
defender costs and jail booking fees. A hearing scheduled in the Judiciary
Committee for March 27 was postponed to April 10.
•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.
A hearing scheduled in the Judiciary Committee for March 27 was postponed
to April 10.
•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 approved by the Committee
on Local Government March 28.
•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
referred to the Committee on Public Safety March 22.
•AB
476,
by Assemblywoman Bonnie Garcia, R-Cathedral City, which would declare
an intent to enact legislation relating to the issue of criminal cases
being given precedence over civil matters and proceedings. The bill
was introduced Feb. 16.
•AB
481,
by Tran, which would allow a landlord suing in unlawful detainer to
seek a deposit of prospective rent. The bill was referred to the Judiciary
Committee March 1 and is scheduled to be heard April 10.
•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 Judiciary Committee March
27.
•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 was assigned to the
Judiciary Committee March 8 and is to be heard April 10.
•AB
737,
by Assemblyman Rick Keene, R-Chico, which would increase the small
claims jurisdictional limit for suits by corporations from $5,000
to $7,500, the same as for individuals, and would allow both individuals
and corporations to file an unlimited number of claims of up to $5,000,
plus two claims per year over that amount. The bill was assigned to
the Judiciary Committee March 8 and is to be heard April 10.
•AB
859,
by Assemblyman George Plescia, R-San Diego, which would permit substituted
service at a defendant's residence between the hours of 7 a.m. and
9 p.m. The bill was assigned to the Judiciary Committee March 8 and
is to be heard April 10.
•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 was referred to the Committee on Public Safety March
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 referred to the committees on Labor and Employment
and on the Judiciary March 15 and is scheduled for hearing in the
Committee on Labor and Employment April 18.
•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. The bill
was referred to the Committee on Public Safety March 15.
•AB
1126,
by Assemblyman Mike Eng, D-El Monte, which would expedite discovery
in unlawful detainer cases. The bill was referred to the Judiciary
Committee March 15 and is scheduled to be heard April 10.
•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 bill is set for hearing in the Public Safety Committee 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.
The bill was referred to the Committee on Public Safety March 15 and
is scheduled for hearing April 10.
•AB
1210,
by Assemblywoman Shirley Horton, R-Lemon Grove, which, as amended
March 28, 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.
•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 referred to the Judiciary Committee March 15 and is to
be heard April 10.
•AB
1248,
by Evans, which would make various changes with regard to court fees
and funding. The bill was referred to the Judiciary Committee March
15 and is to be heard April 10.
•AB
1264,
by Eng, which would prohibit courts from requiring, as part of local
"fast-track" rules, that a summons and complaint be served
in less than 90 days. The bill was referred to the Judiciary Committee
March 15 and is to be heard April 10.
•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 March
22.
•AB
1549,
by Assemblyman Greg Aghazarian, R-Stockton, which would impose a 10-year
statute of repose in products liability cases. The bill was referred
to the Judiciary Committee March 22.
•AB
1557,
by Assemblyman Michael Feuer, which would fix the number of peremptory
challenge at six per side in all misdemeanor cases. Current law allows
10 peremptory challenges for side in trials for offenses punishable
by more than 90 days in jail. The bill was referred to the committees
on Public Safety and the Judiciary on March 22.
•SB
40,
by Sen. Gloria Romero, D-Los Angeles, which, as amended, would respond
to the recent U.S. Supreme Court ruling in Cunningham v. California
by granting judges discretion to impose the lower, middle, or upper
prison term in all felony cases. The bill, which passed the Senate
as an urgency measure on Feb. 13 by a vote of 36-1, was approved by
the Assembly Committee on Public Safety March 13 by a vote of 5-2,
amended in the Assembly March 15, approved by the Appropriations Committee
March 22 by a vote of 14-1, and approved by the Assembly March 26
by a vote of 63-4. The Senate defeated the bill's urgency clause March
28 on a vote of 23-13, four short of the required two-thirds majority,
but a motion to reconsider that vote is pending.
•SB
110,
by Romero, 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 was amended in the Senate
March 13 and is set for hearing in the Public Safety Committee April
10.
•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 set for hearing in the Committee on Public Safety March
27, but the hearing was postponed at the author's request.
•SB
353,
by Kuehl, would allow a court, when issuing a domestic violence restraining
order, to determine the right to custody of household pets. The bill
was approved by a 3-1 vote of the Judiciary Committee.
•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 referred to
the Committee on Revenue and Taxation March 8 and is scheduled for
hearing April 11.