Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1945

Introduced by Assembly Member Wieckowski

February 19, 2014

An act to amend Sectionbegin delete 1418.6 of the Health and Safety Code,end deletebegin insert 703.020 of the Code of Civil Procedure, end insertrelatingbegin delete to long-term health care facilities.end deletebegin insert to civilend insertbegin insert actions.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1945, as amended, Wieckowski. begin deleteLong-term health care facilities. end deletebegin insertEnforcement of money judgments: exemptions.end insert

begin insert

Under existing law, certain property is exempted from enforcement of money judgments. Existing law permits the spouse of a judgment debtor to claim an exemption in the case of community property, whether or not the spouse is also a judgment debtor under the judgment.

end insertbegin insert

This bill would also permit a domestic partner to claim an exemption in the case of community property.

end insertbegin delete

Under existing law, the State Department of Public Health regulates the licensure and operation of various health facilities, including long-term health care facilities. Existing law prohibits a long-term health care facility from accepting or retaining a patient for whom it cannot provide adequate care.

end deletebegin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 703.020 of the end insertbegin insertCode of Civil Procedureend insert
2begin insert is amended to read:end insert

3

703.020.  

(a) The exemptions provided by this chapter apply
4only to property of a natural person.

5(b) The exemptions provided in this chapter may be claimed by
6any of the following persons:

7(1) In all cases, by the judgment debtor or a person acting on
8behalf of the judgment debtor.

9(2) In the case of community property, by the spouse of the
10judgment debtor, whether or not the spouse is also a judgment
11debtor under the judgment.

begin insert

12(3) In the case of community property, by the domestic partner
13of the judgment debtor, as defined in Section 297 of the Family
14Code, whether or not the domestic partner is also a judgment
15debtor under the judgment.

end insert
begin delete16

SECTION 1.  

Section 1418.6 of the Health and Safety Code is
17amended to read:

18

1418.6.  

A long-term health care facility shall not accept or
19retain a patient for whom it cannot provide adequate care.

end delete

O

    98