BILL NUMBER: AB 2619 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Block
( Coauthor: Assembly Member
Hill )
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 amended, 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 require
the court to issue an earnings assignment order for elder
or dependent adult financial abuse restitution
, as defined , for a defend a
nt who has been found liable for financial abuse of an
elder or dependent adult , as speci
fied .
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
or dependent adult financial 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 or dependent adult financial
abuse restitution . These provisions would
apply retroactively, as specified.
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" or dependent adult financial abuse"
means an order, made pursuant to Section 15657.8 of the Welfare
and Institutions Code, which requires an employer to
withhold earnings for restitution. and Institutions
Code.
(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.
(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.
(e) "Employer" means a person for whom an individual performs
services as an employee.
(f) "Judgment creditor," as applied to the state, means the
specific state agency seeking to collect a judgment or tax liability.
(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.
(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 or dependent
adult financial abuse , 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
or dependent adult financial abuse .
(b) An earnings assignment order for support or for elder
abuse restitution or dependent adult financial abuse
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
or dependent adult financial abuse 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
or dependent adult financial abuse 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. This subdivision shall apply retroactively to all
outstanding cases of elder or dependent adult financial abuse in
which a money judgment has been filed and has not been satisfied.
(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 shall
issue an earnings assignment order for elder or dependent adult
financial abuse for 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 pursuant
to Section 15657.5 or Section 15657.6.
(b) The court may include in its earnings assignment order for
elder or dependent adult financial abuse that the employer of the
defendant pay that portion of the defendant's earnings due or to
become due in the future as will be sufficient to satisfy the order.
(c) An earnings assignment order for
elder or dependent adult financial abuse shall be effective and
enforceable notwithstanding the absence of the name, address, or
other identifying information regarding the defendant's employer.
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CORRECTIONS Text--Page 3.
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