Bill Text: CA AB2517 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Domestic violence: personal property and liens.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 245, Statutes of 2020. [AB2517 Detail]

Download: California-2019-AB2517-Amended.html

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Amended  IN  Assembly  May 13, 2020

Amended  IN  Assembly  May 05, 2020

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2517

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Introduced by Assembly Member Gloria

February 19, 2020

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An act to add Section 6342.5 to the Family Code, relating to domestic violence.

LEGISLATIVE COUNSEL'S DIGEST

AB 2517, as amended, Gloria. Domestic violence: personal property and liens.

Existing law enacts procedures to prevent acts of domestic violence, abuse, and sexual abuse and authorizes a court to issue an ex parte order determining the temporary use, possession, and control of real or personal property of the parties and the payment of any liens or encumbrances coming due during the period the order is in effect. Existing law also authorizes a court to issue orders based on ex parte orders, including the above-described order, after notice and a hearing.

This bill would authorize, on and after July 1, 2021, January 1, 2022, the court to issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period, and to include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. The bill would require the Judicial Council to adopt appropriate forms and modify existing forms to effectuate this change.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 6342.5 is added to the Family Code, to read:

6342.5.

 (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.

(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code.

(c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.

(d) This section shall be operative on July 1, 2021. January 1, 2022.