Amended in Senate May 24, 2013

Amended in Assembly April 9, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 681

Introduced by Assembly begin delete Member end delete begin insert Members end insert Melendez begin insert and Skinner end insert

February 21, 2013

An act to begin delete amend Section 4011.2 of the Penal Code, relating to county jails. end delete begin insert amend Section 4320 of, and to add Section 4324.7 to, the Family Code, relating to spousal support. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 681, as amended, Melendez. begin delete County inmates: medical visits. end delete begin insert Spousal support. end insert

begin insert

Existing law provides that when a spouse is convicted of a specified violent sexual felony against the other spouse, an award of spousal support to the convicted spouse from the injured spouse is prohibited, and the injured spouse is entitled to 100% of the community property interest in the retirement and pension benefits of the injured spouse. Existing law requires a family court to consider the criminal conviction of an abusive spouse in making a reduction or elimination of a spousal support award in accordance with these provisions.

end insert begin insert

This bill would prohibit the award of spousal support to a spouse convicted of a violent sexual felony against a child that was committed on or after January 1, 2014, in any proceeding for dissolution of marriage filed on or after January 1, 2014. The bill would provide that the conviction of this felony constitutes a change in circumstances for purposes of a spousal support modification request. The bill would require a family court to consider the criminal conviction of an abusive spouse in making a reduction or elimination of a spousal support award in accordance with these provisions.

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Existing law authorizes a city or county to make claim for and recovery of the costs of necessary hospital, medical, surgical, dental, or optometric care rendered to any prisoner confined in a county or city jail, who would otherwise be entitled to that care under the Medi-Cal program, as specified, or under the provisions of any private program or policy. Existing law provides that the city or county is only liable for the costs of that care that cannot be recovered. Existing law also authorizes a sheriff, chief or director of corrections, or chief of police to charge a fee in the amount of $3 for each inmate-initiated medical visit of an inmate confined in a county or city jail. Existing law provides that the fee is charged to the inmate’s personal account at the facility, and that, if the inmate does not have any money in his or her personal account, there is no charge for the medical visit. Existing law also provides that an inmate shall not be denied medical care because of a lack of funds in his or her personal account at the facility.

end delete begin delete

This bill would instead authorize a fee in the amount of $5 for each inmate-initiated medical visit of an inmate confined in a county or city jail, except as specified.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 4320 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

4320.  

In ordering spousal support under this part, the court
shall consider all of the following circumstances:

(a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:

(1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.

(2) The extent to which the supported party’s present or future
earning capacity is impaired by periods of unemployment that
were incurred during the marriage to permit the supported party
to devote time to domestic duties.

(b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.

(c) The ability of the supporting party to pay spousal support,
taking into account the supporting party’s earning capacity, earned
and unearned income, assets, and standard of living.

(d) The needs of each party based on the standard of living
established during the marriage.

(e) The obligations and assets, including the separate property,
of each party.

(f) The duration of the marriage.

(g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of
dependent children in the custody of the party.

(h) The age and health of the parties.

(i) Documented evidence of any history of domestic violence,
as defined in Section 6211, between the parties, including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.

(j) The immediate and specific tax consequences to each party.

(k) The balance of the hardships to each party.

(l) The goal that the supported party shall be self-supporting
within a reasonable period of time. Except in the case of a marriage
of long duration as described in Section 4336, a “reasonable period
of time” for purposes of this section generally shall be one-half
the length of the marriage. However, nothing in this section is
intended to limit the court’s discretion to order support for a greater
or lesser length of time, based on any of the other factors listed in
this section, Section 4336, and the circumstances of the parties.

(m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal
support award in accordance with Section 4324.5 begin delete or end delete begin insert , 4324.7, or end insert
4325.

(n) Any other factors the court determines are just and equitable.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4324.7 is added to the end insert begin insert Family Code end insert begin insert , to read: end insert

begin insert

begin insert 4324.7. end insert   

(a) In any proceeding for dissolution of marriage filed
on or after January 1, 2014, where there is a criminal conviction
for a violent sexual felony that was committed by one spouse
against a child on or after January 1, 2014, and the petition for
dissolution is filed within five years following the conviction and
any time served in custody, on probation, or on parole, an award
of spousal support to the convicted spouse from the other spouse
is prohibited.

(b) As used in this section, “violent sexual felony” means those
offenses described in paragraphs (3), (4), (5), (11), and (18) of
subdivision (c) of Section 667.5 of the Penal Code.

(c) As used in this section, “child” means a child as defined in
subdivision (e) of Section 6211.

(d) A criminal conviction for a violent sexual felony that was
committed by one spouse against a child, as described in
subdivision (a), shall constitute a change in circumstances for
purposes of a spousal support modification request. If a change
in circumstances occurs as a result of a conviction for a violent
sexual felony as described in subdivision (a), any spousal support
owed in arrears to the convicted spouse shall be vacated.

(e) A court may order a convicted spouse to repay to the other
spouse any spousal support received from the other spouse from
the date of commission of the violent sexual felony against a child,
as described in subdivision (a), to the date of conviction.

end insert

begin delete

SECTION 1.  

Section 4011.2 of the Penal Code is amended to
read:

4011.2.  

(a) Notwithstanding Section 4011.1, a sheriff, chief
or director of corrections, or chief of police is authorized to charge
a fee in the amount of five dollars ($5) for each inmate-initiated
medical visit of an inmate confined in a county or city jail.

(b) The fee shall be charged to the inmate’s personal account
at the facility. If the inmate does not have any money in his or her
personal account, there shall be no charge for the medical visit.

(c) An inmate shall not be denied medical care because of a
lack of funds in his or her personal account at the facility.

(d) The medical provider may waive the fee for any
inmate-initiated treatment and shall waive the fee in any
life-threatening or emergency situation, defined as those health
services required for alleviation of severe pain or for immediate
diagnosis and treatment of unforeseen medical conditions that if
not immediately diagnosed and treated could lead to disability or
death.

(e) Followup medical visits at the direction of the medical staff
shall not be charged to the inmate.

(f) All moneys received by a sheriff, chief or director of
corrections, or chief of police pursuant to this section shall be
transferred to the county or city general fund.

end delete