BILL NUMBER: AB 782 CHAPTERED
BILL TEXT
CHAPTER 45
FILED WITH SECRETARY OF STATE JUNE 7, 2004
APPROVED BY GOVERNOR JUNE 7, 2004
PASSED THE ASSEMBLY MAY 26, 2004
PASSED THE SENATE MAY 25, 2004
AMENDED IN SENATE MAY 25, 2004
AMENDED IN SENATE MAY 5, 2004
AMENDED IN SENATE APRIL 27, 2004
AMENDED IN SENATE APRIL 19, 2004
AMENDED IN SENATE APRIL 1, 2004
INTRODUCED BY Assembly Member Kehoe
(Principal coauthor: Senator Burton)
(Coauthors: Assembly Members Corbett and Pacheco)
(Coauthor: Senator Morrow)
FEBRUARY 20, 2003
An act to repeal and add Section 2024.5 of, and to add Section
2024.6 to, the Family Code, relating to court records, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 782, Kehoe. Court records: family law.
Existing law generally recognizes court records as public records,
unless a specific exception applies. Under existing law, one
exception with respect to dissolution matters allows social security
numbers of persons involved to be kept in the confidential portion of
court files.
This bill would establish procedures for keeping the location or
identifying information about the assets and liabilities of the
parties in a dissolution matter sealed. The bill would require a
related Judicial Council form to be revised no later than July 1,
2005, in accordance with those procedures and would make other
related changes. The bill would also repeal the provision described
above which allows social security numbers to be kept in a
confidential portion of the court files. The bill would instead
authorize a petitioner or respondent to redact social security
numbers from pleadings, attachments, documents, or other material
filed with the court, except as specified.
The bill would declare that it is to take effect immediately as an
urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2024.5 of the Family Code is repealed.
SEC. 2. Section 2024.5 is added to the Family Code, to read:
2024.5. (a) Except as provided in subdivision (b), the petitioner
or respondent may redact any social security number from any
pleading, attachment, document, or other written material filed with
the court pursuant to a petition for dissolution of marriage, nullity
of marriage, or legal separation. The Judicial Council form used to
file such a petition, or a response to such a petition, shall
contain a notice that the parties may redact any social security
numbers from those pleadings, attachments, documents, or other
material filed with the court.
(b) An abstract of support judgment, the form required pursuant to
subdivision (b) of Section 4014, or any similar form created for the
purpose of collecting child or spousal support payments may not be
redacted pursuant to subdivision (a).
SEC. 3. Section 2024.6 is added to the Family Code, to read:
2024.6. (a) Upon request by a party to a petition for dissolution
of marriage, nullity of marriage, or legal separation, the court
shall order a pleading that lists the parties' financial assets and
liabilities and provides the location or identifying information
about those assets and liabilities sealed. The request may be made
by ex parte application. Nothing sealed pursuant to this section may
be unsealed except upon petition to the court and good cause shown.
(b) Commencing not later than July 1, 2005, the Judicial Council
form used to declare assets and liabilities of the parties in a
proceeding for dissolution of marriage, nullity of marriage, or legal
separation of the parties shall require the party filing the form to
state whether the declaration contains identifying information on
the assets and liabilities listed therein. If the party making the
request uses a pleading other than the Judicial Council form, the
pleading shall exhibit a notice on the front page, in bold capital
letters, that the pleading lists and identifies financial information
and is therefore subject to this section.
(c) For purposes of this section, "pleading" means a document that
sets forth or declares the parties' assets and liabilities, income
and expenses, a marital settlement agreement that lists and
identifies the parties' assets and liabilities, or any document filed
with the court incidental to the declaration or agreement that lists
and identifies financial information.
(e) The party making the request to seal a pleading pursuant to
subdivision (a) shall serve a copy of the pleading on the other party
to the proceeding and file a proof of service with the request to
seal the pleading.
(f) Nothing in this section precludes a party to a proceeding
described in this section from using any document or information
contained in a sealed pleading in any manner that is not otherwise
prohibited by law.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
It is necessary that this act take effect immediately as an
urgency statute because the records that this act seeks to protect
may disclose identifying information and location of assets and
liabilities, thereby subjecting the affected parties and their
children, as well as their assets and liabilities, to criminal
activity, violations of privacy, and other potential harm.