Bill Text: CA AB1864 | 2011-2012 | Regular Session | Introduced

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Bill Title: Immunity: court-appointed professionals.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-03-01 - Referred to Com. on JUD. [AB1864 Detail]

Download: California-2011-AB1864-Introduced.html

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BILL NUMBER: AB 1864	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 22, 2012

   An act to add Section 43.100 to the Civil Code, relating to
immunity.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1864, as introduced, Wagner. Immunity: court-appointed
professionals.
   Existing law authorizes the court, if it appears that expert
evidence is or may be required by the court or any party to the
action, to appoint one or more experts to investigate, to render a
report, and to testify as an expert at the trial of the action
relative to the fact or matter as to which the expert evidence is or
may be required, as specified.
   Existing law governs family law proceedings. Existing law
authorizes or requires, as specified, the court to appoint various
professionals to assist in these proceedings, including counsel for
the minor, mediators, and child custody evaluators, among others.
   This bill would prohibit any monetary liability on the part of,
and any cause of action for damages against, any professional
appointed by court order to provide services to the court pursuant to
the provisions described above, as an expert witness or in
connection with family law proceedings, for any act, opinion, report,
or communication in the performance of those services, as specified.

   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 in enacting this
act to codify, as public policy, the holding of Howard v. Drapkin
(1990) 222 Cal.App.3d 843, and to extend the protection and immunity
from civil litigation for damages to all professionals appointed by
the court pursuant to Part 2 (commencing with Section 3020) of
Division 8 of the Family Code or Section 730 of the Evidence Code.
  SEC. 2.  Section 43.100 is added to the Civil Code, to read:
   43.100.  In addition to the privilege afforded by Section 47,
there shall be no monetary liability on the part of, and no cause of
action for damages shall arise against, any professional appointed by
court order to provide services to the court pursuant to Part 2
(commencing with Section 3020) of Division 8 of the Family Code, or
for any professional appointed by court order to provide services
pursuant to Section 730 of the Evidence Code, for any act, opinion,
report, or communication in the performance of those services, if the
act, opinion, report, or communication is within the scope of those
services and occurs during the provision of those services.