Bill Text: CA SB1009 | 2021-2022 | Regular Session | Introduced
Bill Title: Division of community property: pet animals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-23 - Referred to Com. on RLS. [SB1009 Detail]
Download: California-2021-SB1009-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1009
| Introduced by Senator Borgeas |
February 14, 2022 |
An act to amend Section 2605 of the Family Code, relating to community property.
LEGISLATIVE COUNSEL'S DIGEST
SB 1009, as introduced, Borgeas.
Division of community property: pet animals.
Existing law generally requires a court in a judgment of dissolution of marriage or judgment of legal separation of the parties to make a property division that equally divides the community estate of the parties, except as otherwise specified. Existing law authorizes a court, upon request of a party to proceedings for dissolution of marriage or for legal separation of the parties and notwithstanding other requirements for dividing the community estate of the parties, to assign sole or joint ownership of a community property pet animal taking into consideration the care of the pet animal.
This bill would make technical, nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2605 of the Family Code is amended to read:2605.
(a) (1) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal.(2) The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution
of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.
(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.
(c) For purposes of this section, the following definitions shall apply:
(1) “Care” includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.
(2) “Pet animal” means any animal that is community property and kept as a household pet.
