BILL NUMBER: AB 2674	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Block
   (Coauthor: Assembly Member Portantino)

                        FEBRUARY 19, 2010

   An act to amend Sections 782.5 and 4324 of the Family Code,
relating to family law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2674, as introduced, Block. Family law: exemplary damages.
   Existing law provides that, in addition to any other remedy
authorized by law, when a spouse is convicted of attempting to murder
the other spouse, as specified, the injured spouse shall be entitled
to 100% of the community property interest in his or her retirement
and pension benefits, and a prohibition of specified support or
insurance benefits from the injured spouse to the other spouse, as
specified. Existing law defines injured spouse for these purposes.
Existing law also authorizes a court to award attorney's fees and
costs in the form of a sanction in these cases, as specified.
   This bill would expand these provisions to also apply when a
spouse is convicted of soliciting the murder of the other spouse, 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 782.5 of the Family Code is amended to read:
   782.5.  In addition to any other remedy authorized by law, when a
spouse is convicted of attempting to murder the other spouse, as
punishable pursuant to subdivision (a) of Section 664 of the Penal
Code,  or of soliciting the murder of the other spouse, as
punishable pursuant to subdivision (b) of Section 653f of the Penal
Code,  the injured spouse shall be entitled to an award to the
injured spouse of 100 percent of the community property interest in
the retirement and pension benefits of the injured spouse. 
   As used in this section, "injured spouse" has the same meaning as
defined in Section 4324. 
  SEC. 2.  Section 4324 of the Family Code is amended to read:
   4324.  In addition to any other remedy authorized by law, when a
spouse is convicted of attempting to murder the other spouse, as
punishable pursuant to subdivision (a) of Section 664 of the Penal
Code,  or of soliciting the murder of the other spouse, as
punishable pursuant to subdivision (b) of Section 653f of the Penal
Code,  the injured spouse shall be entitled to a prohibition of
any temporary or permanent award for spousal support or medical,
life, or other insurance benefits or payments from the injured spouse
to the other spouse.
   As used in this section, "injured spouse" means the spouse who has
been the subject of the attempted murder  or   the
solicitation of murder  for which the other spouse was
convicted, whether or not actual physical injury occurred.