BILL NUMBER: AB 1522	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Atkins
   (Principal coauthors: Assembly Members Jeffries and Mitchell)
   (Principal coauthors: Senators Anderson and Wyland)
   (Coauthors: Assembly Members Block, Garrick, Hueso, Jones, and
Miller)
   (Coauthors: Senators Kehoe and Vargas)

                        JANUARY 18, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1522, as introduced, Atkins. Family law: monetary awards.
   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 or of soliciting the murder of the other spouse,
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 convicted spouse. Existing law defines "injured
spouse" for these purposes. Further, existing law authorizes a court
to award attorney's fees and costs in the form of a sanction in
these cases.
   This bill would expand these provisions to apply when a spouse is
convicted of a specified violent sexual felony against the other
spouse. This bill would also entitle an injured spouse to a
prohibition of attorney's fees from the injured spouse to the
convicted spouse.
   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,  or of a violent sexual felony against the other
spouse as defined in paragraphs (3), (4), (5), (11), and (15) of
subdivision (c), with the exception of assault with intent to commit
mayhem, and paragraph (18) of subdivision (c) of Section 667.5 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,  or of a violent sexual felony against the other
spouse as defined in paragraphs (3), (4), (5), (11), and (15) of
subdivision (c), with the exception of assault with intent to commit
mayhem, and paragraph (18) of subdivision (c) of Section 667.5 of the
Penal Code,  the injured spouse shall be entitled to a
prohibition of any temporary or permanent award for spousal support
 , attorney's fees,  or medical, life, or other insurance
benefits or payments from the injured spouse to the  other
  convicted  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  , or the violent sexual felony
 for which the other spouse was convicted, whether or not
actual physical injury occurred.