BILL NUMBER: AB 2619	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block

                        FEBRUARY 19, 2010

   An act to amend Sections 706.011, 706.020, and 706.031 of the Code
of Civil Procedure, and to add Section 15657.8 to the Welfare and
Institutions Code, relating to elder and dependent adult abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2619, as introduced, Block. Elder and dependent adult abuse:
restitution: earnings assignment orders.
   Existing law provides for the award of attorney's fees and costs,
and damages to a plaintiff when it is proven by a preponderance of
the evidence that the defendant is liable for financial abuse of an
elder or dependent adult. Existing law authorizes the remedy of
attachment against a defendant's property to secure the amount of the
claimed indebtedness to the plaintiff in connection with cases
involving financial abuse of an elder or dependent adult.
   This bill would authorize the court to order a defendant who is
found liable for financial abuse of an elder or dependent adult to
make restitution to that person, and to issue an earnings assignment
order for elder abuse restitution, as defined.
   Existing law provides that, except for earnings assignment orders
for support, the provisions governing earnings withholding orders
provide the exclusive procedure by which a judgment creditor can
execute against the wages of a judgment debtor. Existing law provides
that if an employer is served with 2 or more earnings withholding
orders, the employer is required to comply with the order issued
pursuant to the judgment first entered.
   This bill would exempt earnings assignment orders for elder abuse
restitution from the provisions governing earnings withholding
orders, and require that they be given priority over earnings
withholding orders. The bill would also require, however, that
earnings assignment orders for support be given priority over
earnings assignment orders for elder abuse restitution.
   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.  Section 706.011 of the Code of Civil Procedure is
amended to read:
   706.011.  As used in this chapter:
   (a) "Earnings" means compensation payable by an employer to an
employee for personal services performed by such employee, whether
denominated as wages, salary, commission, bonus, or otherwise. 
   (b) "Earnings assignment order for elder abuse restitution" means
an order, made pursuant to Section 15657.8 of the Welfare and
Institutions Code, which requires an employer to withhold earnings
for restitution.  
   (b) 
    (c)  "Earnings assignment order for support" means an
order, made pursuant to Chapter 8 (commencing with Section 5200) of
Part 5 of Division 9 of the Family Code or Section 3088 of the
Probate Code, which requires an employer to withhold earnings for
support. 
   (c) 
    (d)  "Employee" means a public officer and any
individual who performs services subject to the right of the employer
to control both what shall be done and how it shall be done.

   (d) 
    (e)  "Employer" means a person for whom an individual
performs services as an employee. 
   (e) 
    (f)  "Judgment creditor," as applied to the state, means
the specific state agency seeking to collect a judgment or tax
liability. 
   (f) 
    (g)  "Judgment debtor" includes a person from whom the
state is seeking to collect a tax liability under Article 4
(commencing with Section 706.070), whether or not a judgment has been
obtained on such tax liability. 
   (g) 
    (h)  "Person" includes an individual, a corporation, a
partnership or other unincorporated association, a limited liability
company, and a public entity.
  SEC. 2.  Section 706.020 of the Code of Civil Procedure is amended
to read:
   706.020.  Except for an earning assignment order for support 
or for elder abuse restitution  , the earnings of an employee
shall not be required to be withheld by an employer for payment of a
debt by means of any judicial procedure other than pursuant to this
chapter.
  SEC. 3.  Section 706.031 of the Code of Civil Procedure is amended
to read:
   706.031.  (a) Nothing in this chapter affects an earnings
assignment order for support  or for elder abuse restitution
 .
   (b) An earnings assignment order for support  or for elder
abuse restitution  shall be given priority over any earnings
withholding order.  If both an earnings assignment order for
support and an earnings assignment order for elder abuse restitution
are served on an employer concurrently, the earnings assignment order
for   support shall take priority until terminated. 
An employer upon whom an earnings assignment order for support 
or for elder abuse restitution  is served shall withhold and pay
over the earnings of the employee pursuant to the assignment order
notwithstanding the requirements of any earnings withholding order.
When an employer is required to cease withholding earnings pursuant
to an earnings withholding order, the employer shall notify the
levying officer who served the earnings withholding order that a
supervening earnings assignment order for support is in effect.
   (c) Subject to subdivisions (b), (d), and (e), an employer shall
withhold earnings of an employee pursuant to both an earnings
assignment order for support and an earnings withholding order.
   (d) The employer shall withhold pursuant to an earnings
withholding order only to the extent that the sum of the amount
withheld pursuant to any earnings assignment order for support and
the amount withheld pursuant to the earnings withholding order does
not exceed the amount that may be withheld under Article 3
(commencing with Section 706.050).
   (e) The employer shall withhold pursuant to an earnings
withholding order for taxes only to the extent that the sum of the
amount withheld pursuant to any earnings assignment order for support
and the amount withheld pursuant to the earnings withholding order
for taxes does not exceed the amount that may be withheld under
Article 4 (commencing with Section 706.070).
  SEC. 4.  Section 15657.8 is added to the Welfare and Institutions
Code, to read:
   15657.8.  (a) A court may order a defendant who has been found
liable for financial abuse of an elder or dependent adult, as defined
in Section 15610.30, to make restitution to that person.
   (b) When the court orders a defendant to pay an amount for
restitution, the court may include in its order an earnings
assignment order for elder abuse restitution that orders the employer
of the defendant to pay the plaintiff that portion of the defendant'
s earnings due or to become due in the future as will be sufficient
to satisfy the order of restitution.
   (c) An earnings assignment order for elder abuse restitution shall
be effective and enforceable notwithstanding the absence of the
name, address, or other identifying information regarding the
defendant's employer.