BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 161
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 161 (Campos)
          As Amended June 10, 2013
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(April 11,      |SENATE: |33-0 |(July 8, 2013) |
          |           |     |2013)           |        |     |               |
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           Original Committee Reference:    JUD.  

           SUMMARY  :  Permits, effective July 1, 2014, a court when issuing  
          an ex parte domestic violence restraining order to restrain a  
          party from changing any insurance coverage.  Specifically,  this  
          bill  provides that a court, effective July 1, 2014, when issuing  
          an ex parte order under the Domestic Violence Protection Act,  
          may restrain any party from cashing, borrowing against,  
          cancelling, transferring, or disposing of, or changing the  
          beneficiaries of any insurance or other coverage held for the  
          benefit of the parties, their children, if any, for whom support  
          may be ordered, or both.

           The Senate amendments  add the July 1, 2014, effective date.
           
          EXISTING LAW  :  

          1)Allows a court to issue a domestic violence protective order  
            enjoining a party from molesting, attacking, striking,  
            stalking, threatening, sexually assaulting, battering,  
            harassing, telephoning, and other specified behaviors.  With  
            respect to married couples, the court may restrain a party  
            from specified acts in relation to community, quasi-community  
            or separate property, as specified.  

          2)Allows protective orders to be issued ex parte and after a  
            noticed motion and a hearing.  

          3)Provides that a domestic violence protective order may  
            include, among other things, orders excluding a party from a  
            residence, enjoining a party from specific behavior,  
            determining temporary custody and visitation rights,  
            determining the temporary use of property, and restraining a  
            party from specific acts to the parties' community, separate  
            and quasi-community property.  








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          4)Mandates, as part of the summons issued at the start of a  
            dissolution case, that the parties are restrained from, among  
            other things:

             a)   Transferring, encumbering, concealing or in any way  
               disposing of any real or personal property, whether  
               community, quasi-community or separate property; and 

             b)   Cashing, borrowing against, cancelling, transferring, or  
               disposing of, or changing the beneficiaries of any  
               insurance or other coverage held for the benefit of the  
               parties and their children for whom support may be ordered.  
                

           FISCAL EFFECT  :  None
           
          COMMENTS  :  Under current law, when a married couple files for  
          dissolution, they are both initially enjoined from removing  
          their children from the state and from disposing of property.   
          This allows the status quo to be maintained pending resolution  
          of the larger issues facing the parties.  They are also enjoined  
          from changing insurance coverage.  This helps ensure that the  
          parties and their children are able to maintain health  
          insurance, automobile insurance or life insurance pending a  
          court determination about their respective responsibilities,  
          and, again, helps maintain the status quo and protect the  
          parties and their children, pending resolution of the larger  
          issues. 

          This bill permits - but does not require - a court to make that  
          same order with respect to insurance as part of a domestic  
          violence protection order, whether ex parte or after a hearing.   
          In support of the bill, the author writes:

               Economic security is crucial in keeping abuse  
               survivors safe once they leave an abusive partner.   
               Health insurance and auto insurance in particular can  
               be key to surviving apart from an abusive spouse.  In  
               many cases, the abusive spouse is also the employed  
               spouse who is providing various insurance coverage  
               plans for the family.  Domestic violence is about  
               power and control.  Threats to "cut off the victim"  
               are a tool an abusive spouse may use to try to keep a  
               partner from leaving or staying away.  AB 161 would  








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               prevent an abusive spouse from terminating insurance  
               in order to punish a spouse for leaving or pressure  
               one to return.

               AB 161 is meant to mirror in the Domestic Violence  
               Prevention Act the existing protections that married  
               persons have once they file a dissolution, legal  
               separation, or nullity.  In particular, it would  
               permit a court to issue an ex parte order preventing a  
               party from changing or terminating the beneficiaries  
               of any insurance held for the benefit of the parties  
               and/or their children.

          Domestic violence is a serious criminal justice and public  
          health problem most often perpetrated against women.  (Extent,  
          Nature and Consequences of Intimate Partner Violence: Findings  
          from the National Violence against Women Survey, U.S. Department  
          of Justice (2001).)  Prevalence of domestic violence at the  
          national level ranges from 960,000 to three million women each  
          year who are physically abused by their husbands or boyfriends.   
          While the numbers are staggering, they only include those cases  
          of reported domestic violence.  In fact, according to a 1998  
          Commonwealth Fund survey of women's health, nearly 31% of  
          American women report being physically or sexually abused by a  
          husband or boyfriend at some point in their lives.  (Health  
          Concerns Across a Woman's Lifespan: 1998 Survey of Women's  
          Health, The Commonwealth Fund (May 1999).)

          Domestic violence continues to be a significant problem in  
          California.  In 2005, the Attorney General's Task Force on  
          Domestic Violence reported that:

               The health consequences of physical and psychological  
               domestic violence can be significant and long lasting,  
               for both victims and their children. . . . A study by  
               the California Department of Health Services of  
               women's health issues found that nearly six percent of  
               women, or about 620,000 women per year, experienced  
               violence or physical abuse by their intimate partners.  
                Women living in households where children are present  
               experienced domestic violence at much higher rates  
               than women living in households without children:   
               domestic violence occurred in more than 436,000  
               households per year in which children were present,  
               potentially exposing approximately 916,000 children to  








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               violence in their homes every year.

          (Report to the California Attorney General from the Task Force  
          on Local Criminal Justice Response to Domestic Violence, Keeping  
          the Promise:  Victim Safety and Batterer Accountability (June  
          2005) (footnotes omitted).)  

          Today, married couples seeking a divorce are enjoined from  
          disposing of property and changing any insurance held for the  
          benefit of the parties or their children.  When a couple appears  
          in court seeking a protective order, as opposed to a divorce,  
          current law allows a court, when issuing the protective order,  
          to prevent the parties from disposing of property, but does not  
          similarly allow the court to protect insurance benefits.  This  
          bill would do just that, by allowing, but not requiring, the  
          court to issue an order enjoining the parties from changing any  
          insurance held for the benefit of the parties or their children.  
           In doing so, this bill helps allow families to resolve their  
          responsibilities to each other and their children in a more  
          thoughtful manner and better protect their health and their  
          financial interests.
           

          Analysis Prepared by  :    Leora Gershenzon / JUD. / (916)  
          319-2334 


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