Bill Text: CA SB285 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Disability benefits: attachment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 162, Statutes of 2009. [SB285 Detail]

Download: California-2009-SB285-Amended.html

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BILL NUMBER: SB 285	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 1, 2009
	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Wright

                        FEBRUARY 24, 2009

   An act to add Section 483.013 to the Code of Civil Procedure,
relating to attachment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 285, as amended, Wright. Disability benefits: attachment.
    Existing law prescribes the procedures to obtain a writ of
attachment and to determine the amount that may be attached.
    Existing federal law prohibits payments or benefits due to a
disabled veteran, as specified, from being assigned or liable to
attachment, levy, or seizure by or under any legal or equitable
process.
   This bill would provide that benefits awarded to veterans for
service-connected disabilities, as provided, shall be exempt from the
claim of creditors, and shall not be liable to attachment, levy, or
seizure, as provided.
   This bill would declare the intent of the Legislature to conform
to existing federal law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation to conform to existing federal law  that
prohibits   , which provides that  payments or
benefits due to a veteran  , with   for  a
service-connected disability  , from being assigned or
  shall be exempt fro   m creditor  
claims, and shall not be  liable to attachment, levy, or seizure
by or under any legal or equitable process.
  SEC. 2.  Section 483.013 is added to the Code of Civil Procedure,
to read:
   483.013.  Notwithstanding Section 483.010, federal disability
benefits awarded to veterans for service-connected disabilities
pursuant to Chapter 11 of Title 38 of the United States Code shall be
exempt from the claim of creditors, and shall not be liable to
attachment, levy, or seizure by or under any legal or equitable
 process whatever, either before or after receipt by the
beneficiary.   process whatsoever, as provided by
federal law.