BILL NUMBER: AB 1388	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011
	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 18, 2011

   An act to amend Section 706.051 of the Code of Civil Procedure,
relating to judgment debtors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1388, as amended, Wieckowski. Earnings withholding orders.
   Existing law requires an employer to withhold the amounts required
by an earnings withholding order from all earnings of the employee
payable for any pay period of the employee that ends during the
withholding period. Under existing law, the portion of the judgment
debtor's earnings that the judgment debtor proves is necessary for
the support of the judgment debtor or the judgment debtor's family
supported in whole or in part by the judgment debtor is exempt from
the levy of an earnings withholding order. This exemption is not
available if the debt was incurred for the common necessaries of life
furnished to the judgment debtor or the family of the judgment
debtor.
   This bill would  delete that restriction on  
provide that "common necessaries of life" does not  
include hospital services or medical care for purposes of that
exception to  the exemption from the levy of an earnings
withholding order.
   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 706.051 of the   Code
of Civil Procedure   is amended to read: 
   706.051.  (a) For the purposes of this section,  "family
  the following shall apply:  
   (1) "Common necessaries of life" does not include hospital
services or medical care. 
    (2)     "Family  of the judgment
debtor" includes the spouse or former spouse of the judgment debtor.
   (b) Except as provided in subdivision (c), the portion of the
judgment debtor's earnings  which   that 
the judgment debtor proves is necessary for the support of the
judgment debtor or the judgment debtor's family supported in whole or
in part by the judgment debtor is exempt from levy under this
chapter.
   (c) The exemption provided in subdivision (b) is not available if
any of the following exceptions applies:
   (1) The debt was incurred for the common necessaries of life
furnished to the judgment debtor or the family of the judgment
debtor.
   (2) The debt was incurred for personal services rendered by an
employee or former employee of the judgment debtor.
   (3) The order is a withholding order for support under Section
706.030.
   (4) The order is one governed by Article 4 (commencing with
Section 706.070) (state tax order). 
  SECTION 1.    Section 706.051 of the Code of Civil
Procedure is amended to read:
   706.051.  (a) For the purposes of this section, "family of the
judgment debtor" includes the spouse or former spouse of the judgment
debtor.
   (b) Except as provided in subdivision (c), the portion of the
judgment debtor's earnings that the judgment debtor proves is
necessary for the support of the judgment debtor or the judgment
debtor's family supported in whole or in part by the judgment debtor
is exempt from levy under this chapter.
   (c) The exemption provided in subdivision (b) is not available if
any of the following exceptions applies:
   (1) The debt was incurred for personal services rendered by an
employee or former employee of the judgment debtor.
   (2) The order is a withholding order for support under Section
706.030.
   (3) The order is one governed by Article 4 (commencing with
Section 706.070) (state tax order).