BILL NUMBER: SB 1306 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 21, 2014
An act to amend Sections 300, 301, 302, 420, 500, 720, 721, 750,
751, 752, 754, 761, 1102, 1500, 1620, 1839, 2200, 2201, 2210, 2211,
2322, 2400, 2401, 3120, 3450, 3551, 3580, 3585, 3600, 4323, and 4930
of, to amend the heading of Chapter 2 (commencing with Section 720)
of Part 1 of Division 4 of, to amend the heading of Chapter 3
(commencing with Section 1620) of Part 5 of Division 4 of, to repeal
Section 308.5 of, and to repeal and add Section 308 of, the Family
Code, relating to marriage.
LEGISLATIVE COUNSEL'S DIGEST
SB 1306, as introduced, Leno. Marriage.
An existing provision of the California Constitution, which has
been held unenforceable, states that only marriage between a man and
a woman is valid or recognized in this state. An existing statutory
provision likewise provides that only marriage between a man and a
woman is valid or recognized in this state.
This bill would repeal that statutory provision.
Existing statutory law provides that marriage is a personal
relationship arising out of a civil contract between a man and a
woman. Under existing law, a marriage contracted outside this state
that would be valid by the laws of the jurisdiction in which the
marriage was contracted is valid in this state, except that a
marriage between 2 persons of the same sex contracted outside this
state is valid in this state only if the marriage was contracted
prior to November 5, 2008.
This bill would instead provide that marriage is a personal
relation arising out of a civil contract between 2 persons, and would
make conforming changes with regard to the consent to, and
solemnization of, marriage. The bill would also delete the limitation
on the validity of marriages contracted outside this state between 2
persons of the same sex.
Under existing law, a reference to "husband" and "wife," "spouses,"
or "married persons," or a comparable term, includes persons who are
lawfully married to each other and persons who were previously
lawfully married to each other, as is appropriate under the
circumstances of the particular case.
The bill would delete references to "husband" or "wife" in the
Family Code and would instead refer to a "spouse," and would make
other related changes.
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 300 of the Family Code is amended to read:
300. (a) Marriage is a personal relation arising out of a civil
contract between a man and a woman two
persons , to which the consent of the parties capable of making
that contract is necessary. Consent alone does not constitute
marriage. Consent must be followed by the issuance of a license and
solemnization as authorized by this division, except as provided by
Section 425 and Part 4 (commencing with Section 500).
(b) For purposes of this part, the document issued by the county
clerk is a marriage license until it is registered with the county
recorder, at which time the license becomes a marriage certificate.
SEC. 2. Section 301 of the Family Code is amended to read:
301. An Two unmarried male
of the age of persons 18 years of age
or older, and an unmarried female of the age of 18 years or
older, and who are not otherwise disqualified,
are capable of consenting to and consummating marriage.
SEC. 3. Section 302 of the Family Code is amended to read:
302. (a) An unmarried male or female
person under the age of 18 years
18 years of age is capable of consenting to and
consummating marriage upon obtaining a court order granting
permission to the underage person or persons to marry.
(b) The court order and written consent of the parents of each
underage person, or of one of the parents or the guardian of each
underage person shall be filed with the clerk of the court, and a
certified copy of the order shall be presented to the county clerk at
the time the marriage license is issued.
SEC. 4. Section 308 of the Family Code is repealed.
308. (a) A marriage contracted outside this state that would be
valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state.
(b) Notwithstanding any other provision of law, a marriage between
two persons of the same sex contracted outside this state that would
be valid by the laws of the jurisdiction in which the marriage was
contracted is valid in this state if the marriage was contracted
prior to November 5, 2008.
(c) Notwithstanding any other provision of law, two persons of the
same sex who contracted a marriage on or after November 5, 2008,
that would be valid by the laws of the jurisdiction in which the
marriage was contracted shall have the same rights, protections, and
benefits, and shall be subject to the same responsibilities,
obligations, and duties under law, whether they derive from the
California Constitution, the United States Constitution, statutes,
administrative regulations, court rules, government policies, common
law, or any other provisions or sources of law, as are granted to and
imposed upon spouses with the sole exception of the designation of
"marriage."
SEC. 5. Section 308 is added to the Family Code, to read:
308. A marriage contracted outside this state that would be valid
by laws of the jurisdiction in which the marriage was contracted is
valid in this state.
SEC. 6. Section 308.5 of the Family Code is repealed.
308.5. Only marriage between a man and a woman is valid or
recognized in California.
SEC. 7. Section 420 of the Family Code is amended to read:
420. (a) No particular form for the ceremony of marriage is
required for solemnization of the marriage, but the parties shall
declare, in the physical presence of the person solemnizing the
marriage and necessary witnesses, that they take each other as
husband and wife spouses .
(b) Notwithstanding subdivision (a), a member of the Armed Forces
of the United States who is stationed overseas and serving in a
conflict or a war and is unable to appear for the licensure and
solemnization of the marriage may enter into that marriage by the
appearance of an attorney in fact, commissioned and empowered in
writing for that purpose through a power of attorney. The attorney in
fact must personally appear at the county clerk's office with the
party who is not stationed overseas, and present the original power
of attorney duly signed by the party stationed overseas and
acknowledged by a notary or witnessed by two officers of the United
States Armed Forces. Copies in any form, including by facsimile, are
not acceptable. The power of attorney shall state the full given
names at birth, or by court order, of the parties to be married, and
that the power of attorney is solely for the purpose of authorizing
the attorney in fact to obtain a marriage license on the person's
behalf and participate in the solemnization of the marriage. The
original power of attorney shall be a part of the marriage
certificate upon registration.
(c) No contract of marriage, if otherwise duly made, shall be
invalidated for want of conformity to the requirements of any
religious sect.
SEC. 8. Section 500 of the Family Code is amended to read:
500. When an unmarried man and an unmarried woman
two unmarried people , not minors, have been
living together as husband and wife, spouses,
they may be married pursuant to this chapter by a person
authorized to solemnize a marriage under Chapter 1 (commencing with
Section 400) of Part 3, without the necessity of first obtaining
health certificates.
SEC. 9. The heading of Chapter 2 (commencing with Section 720) of
Part 1 of Division 4 of the Family Code is amended to read:
CHAPTER 2. RELATION OF HUSBAND AND WIFE
SPOUSES
SEC. 10. Section 720 of the Family Code is amended to read:
720. Husband and wife Spouses
contract toward each other obligations of mutual respect, fidelity,
and support.
SEC. 11. Section 721 of the Family Code is amended to read:
721. (a) Subject to subdivision (b), either husband or
wife spouse may enter into any transaction with
the other, or with any other person, respecting property, which
either might if unmarried.
(b) Except as provided in Sections 143, 144, 146, 16040, and 16047
of the Probate Code, in transactions between themselves, a
husband and wife spouses are subject to the
general rules governing fiduciary relationships which
that control the actions of persons occupying
confidential relations with each other. This confidential
relationship imposes a duty of the highest good faith and fair
dealing on each spouse, and neither shall take any unfair advantage
of the other. This confidential relationship is a fiduciary
relationship subject to the same rights and duties of nonmarital
business partners, as provided in Sections 16403, 16404, and 16503 of
the Corporations Code, including, but not limited to, the following:
(1) Providing each spouse access at all times to any books kept
regarding a transaction for the purposes of inspection and copying.
(2) Rendering upon request, true and full information of all
things affecting any transaction which that
concerns the community property. Nothing in this section is
intended to impose a duty for either spouse to keep detailed books
and records of community property transactions.
(3) Accounting to the spouse, and holding as a trustee, any
benefit or profit derived from any transaction by one spouse without
the consent of the other spouse which that
concerns the community property.
SEC. 12. Section 750 of the Family Code is amended to read:
750. A husband and wife Spouses may
hold property as joint tenants or tenants in common, or as community
property, or as community property with a right of survivorship.
SEC. 13. Section 751 of the Family Code is amended to read:
751. The respective interests of the husband and wife
each spouse in community property during
continuance of the marriage relation are present, existing, and equal
interests.
SEC. 14. Section 752 of the Family Code is amended to read:
752. Except as otherwise provided by statute, neither
husband nor wife spouse has any interest in the
separate property of the other.
SEC. 15. Section 754 of the Family Code is amended to read:
754. If notice of the pendency of a proceeding for dissolution of
the marriage, for nullity of the marriage, or for legal separation
of the parties is recorded in any county in which the
husband or wife either spouse resides on real
property that is the separate property of the other, the real
property shall not for a period of three months thereafter be
transferred, encumbered, or otherwise disposed of voluntarily or
involuntarily without the joinder of both spouses, unless the court
otherwise orders.
SEC. 16. Section 761 of the Family Code is amended to read:
761. (a) Unless the trust instrument or the instrument of
transfer expressly provides otherwise, community property that is
transferred in trust remains community property during the marriage,
regardless of the identity of the trustee, if the trust, originally
or as amended before or after the transfer, provides that the trust
is revocable as to that property during the marriage and the power,
if any, to modify the trust as to the rights and interests in that
property during the marriage may be exercised only with the joinder
or consent of both spouses.
(b) Unless the trust instrument expressly provides otherwise, a
power to revoke as to community property may be exercised by either
spouse acting alone. Community property, including any income or
appreciation, that is distributed or withdrawn from a trust by
revocation, power of withdrawal, or otherwise, remains community
property unless there is a valid transmutation of the property at the
time of distribution or withdrawal.
(c) The trustee may convey and otherwise manage and control the
trust property in accordance with the provisions of the trust without
the joinder or consent of the husband or wife
either spouse unless the trust expressly requires the
joinder or consent of one or both spouses.
(d) This section applies to a transfer made before, on, or after
July 1, 1987.
(e) Nothing in this section affects the community character of
property that is transferred before, on, or after July 1, 1987, in
any manner or to a trust other than described in this section.
SEC. 17. Section 1102 of the Family Code is amended to read:
1102. (a) Except as provided in Sections 761 and 1103, either
spouse has the management and control of the community real property,
whether acquired prior to or on or after January 1, 1975, but both
spouses, either personally or by a duly authorized agent, must join
in executing any instrument by which that community real property or
any interest therein is leased for a longer period than one year, or
is sold, conveyed, or encumbered.
(b) Nothing in this section shall be construed to apply to a
lease, mortgage, conveyance, or transfer of real property or of any
interest in real property between husband and wife
spouses .
(c) Notwithstanding subdivision (b):
(1) The sole lease, contract, mortgage, or deed of the husband,
holding the record title to community real property, to a lessee,
purchaser, or encumbrancer, in good faith without knowledge of the
marriage relation, shall be presumed to be valid if executed prior to
January 1, 1975.
(2) The sole lease, contract, mortgage, or deed of either spouse,
holding the record title to community real property to a lessee,
purchaser, or encumbrancer, in good faith without knowledge of the
marriage relation, shall be presumed to be valid if executed on or
after January 1, 1975.
(d) No action to avoid any instrument mentioned in this section,
affecting any property standing of record in the name of either
spouse alone, executed by the spouse alone, shall be commenced after
the expiration of one year from the filing for record of that
instrument in the recorder's office in the county in which the land
is situated.
(e) Nothing in this section precludes either spouse from
encumbering his or her interest in community real property, as
provided in Section 2033, to pay reasonable attorney's fees in order
to retain or maintain legal counsel in a proceeding for dissolution
of marriage, for nullity of marriage, or for legal separation of the
parties.
SEC. 18. Section 1500 of the Family Code is amended to read:
1500. The property rights of husband and wife
spouses prescribed by statute may be altered by
a premarital agreement or other marital property agreement.
SEC. 19. The heading of Chapter 3 (commencing with Section 1620)
of Part 5 of Division 4 of the Family Code is amended to read:
CHAPTER 3. AGREEMENTS BETWEEN HUSBAND AND WIFE
SPOUSES
SEC. 20. Section 1620 of the Family Code is amended to read:
1620. Except as otherwise provided by law, a husband and
wife spouses cannot, by a contract with each
other, alter their legal relations, except as to property.
SEC. 21. Section 1839 of the Family Code is amended to read:
1839. (a) At or after the hearing, the court may make orders in
respect to the conduct of the spouses or parents and the subject
matter of the controversy that the court deems necessary to preserve
the marriage or to implement the reconciliation of the spouses. No
such order shall be effective for more than 30 days from the hearing
of the petition unless the parties mutually consent to a continuation
of the time the order remains effective.
(b) A reconciliation agreement between the parties may be reduced
to writing and, with the consent of the parties, a court order may be
made requiring the parties to comply fully with the agreement.
(c) During the pendency of a proceeding under this part, the
superior court may order the husband or wife, or father or
mother, a spouse or parent, as the case may be,
to pay an amount necessary for the support and maintenance of
the wife or husband the other spouse
and for the support, maintenance, and education of the minor
children, as the case may be. In determining the amount, the superior
court may take into consideration the recommendations of a financial
referee if one is available to the court. An order made pursuant to
this subdivision shall not prejudice the rights of the parties or
children with respect to any subsequent order which
that may be made. An order made pursuant to this
subdivision may be modified or terminated at any time except as to
an amount that accrued before the date of filing of the notice of
motion or order to show cause to modify or terminate.
SEC. 22. Section 2200 of the Family Code is amended to read:
2200. Marriages between parents and children, ancestors and
descendants of every degree, and between brothers and
sisters siblings of the half as well as the
whole blood, and between uncles or aunts and nieces or
aunts and nephews, are incestuous, and void from
the beginning, whether the relationship is legitimate or
illegitimate.
SEC. 23. Section 2201 of the Family Code is amended to read:
2201. (a) A subsequent marriage contracted by a person during the
life of a his or her former
husband or wife of the person, spouse, with a
person other than the former husband or wife,
spouse, is illegal and void from the beginning
, unless:
(1) The former marriage has been dissolved or adjudged a nullity
before the date of the subsequent marriage.
(2) The former husband or wife (i) spouse
(A) is absent, and not known to the person to be living for the
period of five successive years immediately preceding the subsequent
marriage, or (ii) (B) is generally
reputed or believed by the person to be dead at the time the
subsequent marriage was contracted.
(b) In either of the cases described in paragraph (2) of
subdivision (a), the subsequent marriage is valid until its nullity
is adjudged pursuant to subdivision (b) of Section 2210.
SEC. 24. Section 2210 of the Family Code is amended to read:
2210. A marriage is voidable and may be adjudged a nullity if any
of the following conditions existed at the time of the marriage:
(a) The party who commences the proceeding or on whose behalf the
proceeding is commenced was without the capability of consenting to
the marriage as provided in Section 301 or 302, unless, after
attaining the age of consent, the party for any time freely cohabited
with the other as husband and wife his or
her spouse .
(b) The husband or wife spouse of
either party was living and the marriage with that husband
or wife spouse was then in force and that
husband or wife spouse (1) was absent
and not known to the party commencing the proceeding to be living for
a period of five successive years immediately preceding the
subsequent marriage for which the judgment of nullity is sought or
(2) was generally reputed or believed by the party commencing the
proceeding to be dead at the time the subsequent marriage was
contracted.
(c) Either party was of unsound mind, unless the party of unsound
mind, after coming to reason, freely cohabited with the other as
husband and wife his or her spouse .
(d) The consent of either party was obtained by fraud, unless the
party whose consent was obtained by fraud afterwards, with full
knowledge of the facts constituting the fraud, freely cohabited with
the other as husband or wife his or her
spouse .
(e) The consent of either party was obtained by force, unless the
party whose consent was obtained by force afterwards freely cohabited
with the other as husband or wife his or her
spouse .
(f) Either party was, at the time of marriage, physically
incapable of entering into the marriage state, and that incapacity
continues, and appears to be incurable.
SEC. 25. Section 2211 of the Family Code is amended to read:
2211. A proceeding to obtain a judgment of nullity of marriage,
for causes set forth in Section 2210, must be commenced within the
periods and by the parties, as follows:
(a) For causes mentioned in subdivision (a) of Section 2210, by
any of the following:
(1) The party to the marriage who was married under the age of
legal consent, within four years after arriving at the age of
consent.
(2) A parent, guardian, conservator, or other person having charge
of the underaged male or female minor
, at any time before the married minor has arrived at the age of
legal consent.
(b) For causes mentioned in subdivision (b) of Section 2210, by
either of the following:
(1) Either party during the life of the other.
(2) The former husband or wife spouse
.
(c) For causes mentioned in subdivision (c) of Section 2210, by
the party injured, or by a relative or conservator of the party of
unsound mind, at any time before the death of either party.
(d) For causes mentioned in subdivision (d) of Section 2210, by
the party whose consent was obtained by fraud, within four years
after the discovery of the facts constituting the fraud.
(e) For causes mentioned in subdivision (e) of Section 2210, by
the party whose consent was obtained by force, within four years
after the marriage.
(f) For causes mentioned in subdivision (f) of Section 2210, by
the injured party, within four years after the marriage.
SEC. 26. Section 2322 of the Family Code is amended to read:
2322. For the purpose of a proceeding for dissolution of
marriage, the husband and wife each spouse
may have a separate domicile or residence depending upon proof
of the fact and not upon legal presumptions.
SEC. 27. Section 2400 of the Family Code is amended to read:
2400. (a) A marriage may be dissolved by the summary dissolution
procedure provided in this chapter if all of the following conditions
exist at the time the proceeding is commenced:
(1) Either party has met the jurisdictional requirements of
Chapter 3 (commencing with Section 2320) with regard to dissolution
of marriage.
(2) Irreconcilable differences have caused the irremediable
breakdown of the marriage and the marriage should be dissolved.
(3) There are no children of the relationship of the parties born
before or during the marriage or adopted by the parties during the
marriage, and the wife, neither party,
to her that party's knowledge, is
not pregnant.
(4) The marriage is not more than five years in duration as of the
date of separation of the parties.
(5) Neither party has any interest in real property wherever
situated, with the exception of the lease of a residence occupied by
either party which satisfies the following requirements:
(A) The lease does not include an option to purchase.
(B) The lease terminates within one year from the date of the
filing of the petition.
(6) There are no unpaid obligations in excess of four thousand
dollars ($4,000) incurred by either or both of the parties after the
date of their marriage, excluding the amount of any unpaid obligation
with respect to an automobile.
(7) The total fair market value of community property assets,
excluding all encumbrances and automobiles, including any deferred
compensation or retirement plan, is less than twenty-five thousand
dollars ($25,000), and neither party has separate property assets,
excluding all encumbrances and automobiles, in excess of twenty-five
thousand dollars ($25,000).
(8) The parties have executed an agreement setting forth the
division of assets and the assumption of liabilities of the
community, and have executed any documents, title certificates, bills
of sale, or other evidence of transfer necessary to effectuate the
agreement.
(9) The parties waive any rights to spousal support.
(10) The parties, upon entry of the judgment of dissolution of
marriage pursuant to Section 2403, irrevocably waive their respective
rights to appeal and their rights to move for a new trial.
(11) The parties have read and understand the summary dissolution
brochure provided for in Section 2406.
(12) The parties desire that the court dissolve the marriage.
(b) On January 1, 1985, and on January 1 of each odd-numbered year
thereafter, the amounts in paragraph (6) of subdivision (a) shall be
adjusted to reflect any change in the value of the dollar. On
January 1, 1993, and on January 1 of each odd-numbered year
thereafter, the amounts in paragraph (7) of subdivision (a) shall be
adjusted to reflect any change in the value of the dollar. The
adjustments shall be made by multiplying the base amounts by the
percentage change in the California Consumer Price Index as compiled
by the Department of Industrial Relations, with the result rounded to
the nearest thousand dollars. The Judicial Council shall compute and
publish the amounts.
SEC. 28. Section 2401 of the Family Code is amended to read:
2401. (a) A proceeding for summary dissolution of the marriage
shall be commenced by filing a joint petition in the form prescribed
by the Judicial Council.
(b) The petition shall be signed under oath by both the
husband and the wife, spouses, and shall include
all of the following:
(1) A statement that as of the date of the filing of the joint
petition all of the conditions set forth in Section 2400 have been
met.
(2) The mailing address of both the husband and the wife
each spouse .
(3) A statement whether or not the wife a
spouse elects to have her maiden or his
or her former name restored, and, if so, the name to be
restored.
SEC. 29. Section 3120 of the Family Code is amended to read:
3120. Without filing a petition for dissolution of marriage or
legal separation of the parties, the husband or wife
a spouse may bring an action for the exclusive
custody of the children of the marriage. The court may, during the
pendency of the action, or at the final hearing thereof, or
afterwards, make such order regarding the support, care, custody,
education, and control of the children of the marriage as may be just
and in accordance with the natural rights of the parents and the
best interest of the children. The order may be modified or
terminated at any time thereafter as the natural rights of the
parties and the best interest of the children may require.
SEC. 30. Section 3450 of the Family Code is amended to read:
3450. (a) Unless the court issues a temporary emergency order
pursuant to Section 3424, upon a finding that a petitioner is
entitled to immediate physical custody of the child, the court shall
order that the petitioner may take immediate physical custody of the
child unless the respondent establishes either of the following:
(1) That the child custody determination has not been registered
and confirmed under Section 3445 and one of the following is true:
(A) The issuing court did not have jurisdiction under Chapter 2
(commencing with Section 3421).
(B) The child custody determination for which enforcement is
sought has been vacated, stayed, or modified by a court of a state
having jurisdiction to do so under Chapter 2 (commencing with Section
3421).
(C) The respondent was entitled to notice, but notice was not
given in accordance with the standards of Section 3408, in the
proceedings before the court that issued the order for which
enforcement is sought.
(2) That the child custody determination for which enforcement is
sought was registered and confirmed under Section 3445 but has been
vacated, stayed, or modified by a court of a state having
jurisdiction to do so under Chapter 2 (commencing with Section 3421).
(b) The court shall award the fees, costs, and expenses authorized
under Section 3452 and may grant additional relief, including a
request for the assistance of law enforcement officials, and set a
further hearing to determine whether additional relief is
appropriate.
(c) If a party called to testify refuses to answer on the ground
that the testimony may be self-incriminating, the court may draw an
adverse inference from the refusal.
(d) A privilege against disclosure of communications between
spouses and a defense of immunity based on the relationship of
husband and wife spouses or parent and
child may not be invoked in a proceeding under this chapter.
SEC. 31. Section 3551 of the Family Code is amended to read:
3551. Laws attaching a privilege against the disclosure of
communications between husband and wife
spouses are inapplicable under this division. Husband
and wife Spouses are competent witnesses to
testify to any relevant matter,
including marriage and parentage.
SEC. 32. Section 3580 of the Family Code is amended to read:
3580. Subject to this chapter and to Section 3651, a
husband and wife spouses may agree, in writing,
to an immediate separation, and may provide in the agreement for the
support of either of them and of their children during the separation
or upon the dissolution of their marriage. The mutual consent of the
parties is sufficient consideration for the agreement.
SEC. 33. Section 3585 of the Family Code is amended to read:
3585. The provisions of an agreement between the parents for
child support shall be deemed to be separate and severable from all
other provisions of the agreement relating to property and support of
the wife or husband either spouse . An
order for child support based on the agreement shall be law-imposed
and shall be made under the power of the court to order child
support.
SEC. 34. Section 3600 of the Family Code is amended to read:
3600. During the pendency of any proceeding for dissolution of
marriage or for legal separation of the parties or under Division 8
(commencing with Section 3000) (custody of children) or in any
proceeding where there is at issue the support of a minor child or a
child for whom support is authorized under Section 3901 or 3910, the
court may order (a) the husband or wife
either spouse to pay any amount that is necessary for the
support of the wife or husband other
spouse , consistent with the requirements of subdivisions
(i) and (m) of Section 4320 and Section 4325, or (b) either or both
parents to pay any amount necessary for the support of the child, as
the case may be.
SEC. 35. Section 4323 of the Family Code is amended to read:
4323. (a) (1) Except as otherwise agreed to by the parties in
writing, there is a rebuttable presumption, affecting the burden of
proof, of decreased need for spousal support if the supported party
is cohabiting with a another person
of the opposite sex . Upon a determination that
circumstances have changed, the court may modify or terminate the
spousal support as provided for in Chapter 6 (commencing with Section
3650) of Part 1.
(2) Holding oneself out to be the husband or wife
spouse of the person with whom one is cohabiting
is not necessary to constitute cohabitation as the term is used in
this subdivision.
(b) The income of a supporting spouse's subsequent spouse or
nonmarital partner shall not be considered when determining or
modifying spousal support.
(c) Nothing in this section precludes later modification or
termination of spousal support on proof of change of circumstances.
SEC. 36. Section 4930 of the Family Code, as added by Section 2 of
Chapter 194 of the Statutes of 1997, is amended to read:
4930. (a) The physical presence of the petitioner in a responding
tribunal of this state is not required for the establishment,
enforcement, or modification of a support order or the rendition of a
judgment determining parentage.
(b) A verified petition, affidavit, document substantially
complying with federally mandated forms, and a document incorporated
by reference in any of them, not excluded under the hearsay rule if
given in person, is admissible in evidence if given under oath by a
party or witness residing in another state.
(c) A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenatal
and postnatal health care of the mother and child, furnished to the
adverse party at least 10 days before trial, are admissible in
evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from another state to a
tribunal of this state by telephone, telecopier, or other means that
do not provide an original writing may not be excluded from evidence
on an objection based on the means of transmission.
(f) In a proceeding under this chapter, a tribunal of this state
may permit a party or witness residing in another state to be deposed
or to testify by telephone, audiovisual means, or other electronic
means at a designated tribunal or other location in that state. A
tribunal of this state shall cooperate with tribunals of other states
in designating an appropriate location for the deposition or
testimony.
(g) If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating,
the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.
(i) The defense of immunity based on the relationship of
husband and wife spouses or parent and child
does not apply in a proceeding under this chapter.
SEC. 37. Section 4930 of the Family Code, as amended by Section 24
of Chapter 349 of the Statutes of 2002, is amended to read:
4930. (a) The physical presence of a nonresident party who is an
individual in a tribunal of this state is not required for the
establishment, enforcement, or modification of a support order or the
rendition of a judgment determining parentage.
(b) An affidavit, a document substantially complying with
federally mandated forms, or a document incorporated by reference in
any of them, that would not be excluded under the hearsay rule if
given in person, is admissible in evidence if given under penalty of
perjury by a party or witness residing in another state.
(c) A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is evidence of facts
asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenatal
and postnatal health care of the mother and child, furnished to the
adverse party at least 10 days before trial, are admissible in
evidence to prove the amount of the charges billed and that the
charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from another state to a
tribunal of this state by telephone, telecopier, or other means that
do not provide an original record may not be excluded from evidence
on an objection based on the means of transmission.
(f) In a proceeding under this chapter, a tribunal of this state
shall permit a party or witness residing in another state to be
deposed or to testify by telephone, audiovisual means, or other
electronic means at a designated tribunal or other location in that
state. A tribunal of this state shall cooperate with tribunals of
other states in designating an appropriate location for the
deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating,
the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.
(i) The defense of immunity based on the relationship of
husband and wife spouses or parent and child
does not apply in a proceeding under this chapter.
(j) A voluntary acknowledgment of paternity, certified as a true
copy, is admissable admissible to
establish parentage of the child.