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

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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-Chaptered.html

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BILL NUMBER: SB 285	CHAPTERED
	BILL TEXT

	CHAPTER  162
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 31, 2009
	PASSED THE ASSEMBLY  AUGUST 20, 2009
	AMENDED IN ASSEMBLY  AUGUST 17, 2009
	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, 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, except as otherwise authorized under federal
law, as specified.
   This bill would declare the intent of the Legislature to conform
to existing federal law.


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, which provides that
payments or benefits due to a veteran for a service-connected
disability shall be exempt from 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 whatsoever, as provided by federal law. This section does not
apply to that portion of service-connected disability benefits that
are subject to child and spousal support enforcement under Section
659(h)(1)(A)(ii)(V) of Title 42 of the United States Code.