BILL NUMBER: SB 966	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Strickland

                        JANUARY 12, 2012

   An act to amend Section 4324 of the Family Code, relating to
spousal support.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 966, as introduced, Strickland. Family law: spousal support.
   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 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 also apply when a
spouse is convicted of a specified violent sexual felony against the
other spouse. This bill would also entitle an injured spouse under
these provisions 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 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 punishable pursuant   to paragraphs (3), (4), (5),
(11), and (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 or medical,
life, or other insurance benefits or payments  ,   or
attorney's fees  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.