The
following bills of interest to the legal community were introduced
in May:
•AB
104,
by Assemblyman Jose Solorio, D-Anaheim, which, as amended, 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 or drug
activity. The bill, which passed the Assembly last month by a vote
of 73-0, was referred to the Senate Public Safety Committee May 2.
•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 is set for hearing today in the Appropriations
Committee.
•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, which passed the Assembly last month by a vote of 44-30,
was referred to the Senate Education Committee May 9.
•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 is set for hearing today in the
Appropriations Committee.
•AB
357,
by Assemblyman Tony Mendoza, D-Norwalk, 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,
which passed the Assembly April 26 by a vote of 74-0, was referred
on May 9 to the Senate Committee on Elections, Reapportionment, and
Constitutional Amendments.
•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 passed the Assembly
May 21 by a vote of 76-0.
•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.
After the bill was amended to provide that its provisions are inapplicable
to criminal proceedings, it was approved by the Assembly May 21 by
a vote of 72-0.
•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 is set for hearing today
in the Appropriations Committee.
•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 passed
the Assembly May 10 by a vote of 73-1 and was referred to the Senate
Public Safety Committee May 17.
•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 passed the Assembly May 3 by a vote of 73-0 and was sent to the
Senate Judiciary Committee May 9.
•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. A hearing on the bills, which
passed the Assembly April 26 by a vote of 74-0, was postponed May
15 by the Senate Judiciary Committee.
•AB
737,
by Assemblyman Rick Keene, R-Chico, which, as amended, would leave
the existing limits on small claims jurisdiction in place pending
the outcome 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. A hearing is set today before the Assembly
Appropriations Committee.
•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, which passed the Assembly
April 19 by a vote of 73-0, passed the Senate Judiciary Committee
May 22 by a vote of 5-0.
•AB
860,
by Assemblywoman Mary Salas, D-Chula Vista, which, as amended, would
eliminate the right to trial by jury on prior-conviction allegations
in some criminal cases. The bill passed the Assembly May 24 by a vote
of 41-26.
•AB
985,,
by Assemblyman Lori Saldana, D-San Diego, which would grant the Court
of Appeal concurrent jurisdiction to hear certain writ matters in
environmental cases as to which the jurisdiction of the Supreme Court
is now exclusive. The bill was approved by a 7-3 vote of the Judiciary
Committee May 1.
•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 passed the Assembly May 17 by a vote of 44-32.
•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 passed the Assembly May 29.
•AB
1126,
by Assemblyman Mike Eng, D-El Monte, which would expedite discovery
in unlawful detainer cases. The bill passed the Assembly May 3 by
a vote of 70-0 and was referred to the Senate Judiciary Committee
May 9.
•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 scheduled in the Public Safety Committee
May 8 was cancelled at the request of the author.
•AB
1211,
by Assemblyman Curren Price Jr., D-Inglewood, which would clarify
responsibility for the payment of deposition costs in civil actions.
The bill, which was approved in the Assembly by April 26 by a vote
of 74-0, was approved May 25 by a 5-0 vote of the Senate Judiciary
Committee.
•AB
1248,
by Assemblywoman Noreen Evans, D-Santa Rosa, which would make various
changes with regard to civil procedure, court fees, and funding. An
amended version of the bill was set for hearing yesterday in the Appropriations
Committee.
•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 Assembly May 10 by a vote of 72-0 and was referred to the Senate
Judiciary Committee May 17.
•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. The bill was sent to the Assembly inactive file May
17.
•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, which approved it May
8 by a vote of 5-2..
•AB
1723,,
by the Assembly Judiciary Committee, a State Bar proposal that would
establish specific requirements for attorneys establishing accounts
under the Interest on Lawyers Trust Accounts program and for banks
offering such accounts. The bill passed the Assembly May 14 by a vote
of 65-7.
•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 was sent to the Appropriations Committee, where a hearing is
scheduled for today.
•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, which passed the Senate April 16 by a vote of 36-0, was referred
to the Assembly Public Safety Committee May 17.
•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. The bill passed the Senate May 10 by a vote of
31-7 and was sent to the Assembly, where it was referred to the Judiciary
Committee May 17.
•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 is set for hearing
today in the Judiciary Committee.
•SB
686,
by Sen. Ellen Corbett, D-San Leandro, which, as amended, would authorize
the State Bar to levy dues for 2008 at the current rate, and would
authorize an additional fee of $10 per member per year from 2008 through
2010 to upgrade the State Bar's computers, while deleting the authorization
for a $10 annual fee for construction or leasing of the State Bar
headquarters. The bill passed the Senate May 24 by a vote of 31-4.