Bill Text: CA AB1899 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Courts.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-06-24 - In committee: Referred to suspense file. [AB1899 Detail]

Download: California-2023-AB1899-Amended.html

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Amended  IN  Assembly  February 26, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1899

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Introduced by Assembly Member Cervantes

January 23, 2024

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An act to amend Section 1770 of the Civil Code, relating to unfair business practices. Sections 3512, 3513, 3515, 3517, 3518, 3519, 3521, 3526, 3529, and 3543 of the Civil Code, and to amend Section 205 of the Code of Civil Procedure, relating to courts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1899, as amended, Cervantes. Deceptive practices: veterans. Courts.

(1) Existing law includes maxims of jurisprudence in civil law.

This bill would make nonsubstantive changes to some of these provisions.

(2) Existing law requires that, if a jury commissioner requires a person to complete a questionnaire, the questionnaire must ask only questions related to juror identification, qualification, and ability to serve as a prospective juror. Existing law authorizes a court or trial judge to require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a fair cross section of the population is represented as required by law, or as proposed by counsel in a particular care to assist the voir dire process.

This bill would require that, if a jury commissioner requires a person to complete a questionnaire, the questionnaire must ask for preferred pronouns and, if gender is asked, the response in the questionnaire must be open-ended. The bill would prohibit the questionnaire from asking for gendered salutations or titles. The bill would require the Judicial Council to create a template questionnaire to be published on its internet website for use in qualifying prospective jurors and management of the jury system that is inclusive of these requirements. The bill would require that, if the court or trial judge requires a prospective juror to complete additional questionnaires for purposes of the voir dire process, the questionnaire must be inclusive of gender identity and gender expression in the phrasing of the questions asked and options provided for answers.

The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including charging or receiving an unreasonable fee, as defined, to prepare, aid, or advise a prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of public social services, as defined to include, among other things, veterans pension benefits.

This bill would make the charging or receiving of an unreasonable fee to prepare, aid, or advise a prospective applicant, applicant, or recipient in the procurement, maintenance, or securing of aid or services, or both, to veterans a misdemeanor. The bill would also make the advertising or promoting of an event, presentation, seminar, workshop, or other public gathering regarding veterans benefits, as specified, a misdemeanor. The bill would make these misdemeanors punishable by imprisonment in the county jail for a period not to exceed one year, a fine not to exceed $1,000, or both that fine and imprisonment. The bill would specify that a misdemeanor violation of these provisions does not prohibit a person from bringing a civil action against an individual or business. By creating new crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 3512 of the Civil Code is amended to read:

3512.

 One must shall not change his their purpose to the injury of another.

SEC. 2.

 Section 3513 of the Civil Code is amended to read:

3513.

 Any one may waive the advantage of a law intended solely for his their benefit. But a law established for a public reason cannot be contravened by a private agreement.

SEC. 3.

 Section 3515 of the Civil Code is amended to read:

3515.

 He A person who consents to an act is not wronged by it.

SEC. 4.

 Section 3517 of the Civil Code is amended to read:

3517.

 No one can take advantage of his their own wrong.

SEC. 5.

 Section 3518 of the Civil Code is amended to read:

3518.

 He A person who has fraudulently dispossessed himself themselves of a thing may be treated as if he they still had possession.

SEC. 6.

 Section 3519 of the Civil Code is amended to read:

3519.

 He A person who can and does not forbid that which is done on his their behalf, is deemed to have bidden it.

SEC. 7.

 Section 3521 of the Civil Code is amended to read:

3521.

 He A person who takes the benefit must bear the burden.

SEC. 8.

 Section 3526 of the Civil Code is amended to read:

3526.

 No man person is responsible for that which no man person can control.

SEC. 9.

 Section 3529 of the Civil Code is amended to read:

3529.

 That which ought to have been done is to be regarded as done, in favor of him a person to whom, and against him a person from whom, performance is due.

SEC. 10.

 Section 3543 of the Civil Code is amended to read:

3543.

 Where one of two innocent persons must suffer by the act of a third, he, the person, by whose negligence it happened, must be the sufferer.

SEC. 11.

 Section 205 of the Code of Civil Procedure is amended to read:

205.

 (a) (1) If a jury commissioner requires a person to complete a questionnaire, the questionnaire shall ask only questions related to juror identification, qualification, and ability to serve as a prospective juror. The questionnaire shall also ask for preferred pronouns and, if gender is asked, then the response field in the questionnaire shall be open-ended and available for the juror to fill in. The questionnaire shall not ask for gendered salutations or titles.

(2) The Judicial Council shall create a template questionnaire to be published on its internet website for use in qualifying prospective jurors and management of the jury system that is inclusive of the requirements of this subdivision.

(b) Except as ordered by the court, the questionnaire referred to in subdivision (a) shall be used solely for qualifying prospective jurors, and for management of the jury system, and not for assisting in the courtroom voir dire process of selecting trial jurors for specific cases.

(c) The court may require a prospective juror to complete such additional questionnaires as may be deemed relevant and necessary for assisting in the voir dire process or to ascertain whether a fair cross section of the population is represented as required by law, if such procedures are established by local court rule. If the court utilizes a questionnaire to assist in the voir dire process, the questionnaire shall be inclusive of gender identity and gender expression in the phrasing of the questions asked and options provided for answers.

(d) The trial judge may direct a prospective juror to complete additional questionnaires as proposed by counsel in a particular case to assist the voir dire process. If the trial judge utilizes a questionnaire to assist in the voir dire process, the questionnaire shall be inclusive of gender identity and gender expression in the phrasing of the questions asked and options provided for answers.