Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 897


Introduced by Assembly Member Gonzalez

February 26, 2015


begin deleteAn act to add Section 1297.18 to, and to repeal Article 2 (commencing with Section 1297.351) of Chapter 7 of Title 9.3 of Part 3 of, the Code of Civil Procedure, relating to international commercial disputes. end deletebegin insertAn act to amend Section 5270.50 of the Welfare and Institutions Code, relating to mental health.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 897, as amended, Gonzalez. begin deleteInternational commercial disputes: representation and assistance. end deletebegin insertMental health: involuntary confinement.end insert

begin insert

Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of any person with a mental disorder who, as a result of the mental disorder, is a danger to others or to himself or herself, or is gravely disabled. Existing law establishes various requirements with respect to determinations to be made by a psychiatrist directly responsible for the person’s treatment as to the initial detention for evaluation and treatment, for various subsequent periods of confinement for treatment, and for the release of persons subject to the act. Existing law provides that if certain conditions are satisfied, the professional person in charge of the facility providing intensive treatment, his or her designee, and the professional person directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released before or at the end of a specified 30-day treatment period.

end insert
begin insert

This bill would extend those immunity provisions to the attorney or advocate representing the person, the court-appointed commissioner or referee, the certification review hearing officer, and the peace officer responsible for the detainment of the person, for any action by a person released at or before the end of the 30-day treatment period.

end insert
begin delete

Existing law includes provisions that govern arbitration and conciliation proceedings for international commercial disputes. Existing law authorizes the parties in a conciliation proceeding to appear in person or be represented or assisted by any person of their choice, and provides that a person representing or assisting a party is not required to be a member of the legal profession or licensed to practice law in California.

end delete
begin delete

This bill would recast the provision regarding representation and assistance of parties, thus making the provision applicable to any arbitration or conciliation proceeding conducted pursuant to the statutory provisions that govern arbitration and conciliation of international commercial disputes. The bill would also express the intent of the Legislature that those statutory provisions be broadly construed so as to promote California’s interest in becoming a major center for international commercial arbitration.

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 5270.50 of the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert is amended to read:end insert

3

5270.50.  

begin insert(a)end insertbegin insertend insert Notwithstanding Section 5113, if the provisions
4of Section 5270.35 have been met, the professional person in
5charge of the facility providing intensive treatment, his or her
6designee, and the professional person directly responsible for the
7person’s treatment shall not be held civilly or criminally liable for
8any action by a person released before or at the end ofbegin delete 30 daysend deletebegin insert the
930-day treatment periodend insert
pursuant to this article.

begin insert

10(b) The attorney or advocate representing the person, the
11court-appointed commissioner or referee, the certification review
12hearing officer conducting the certification review hearing, and
13the peace officer responsible for the detainment of the person shall
14not be held civilly or criminally liable for any action by a person
P3    1released before or at the end of the 30-day treatment period
2pursuant to this article.

end insert
begin delete
3

SECTION 1.  

(a) The Legislature finds and declares all of the
4following:

5(1) The statutes governing the arbitration and conciliation of
6international commercial disputes were enacted in 1988 to
7recognize, support, and promote the benefits of international
8commercial arbitration and conciliation in California.

9(2) California’s robust, internationally oriented economy and
10concentration of large companies occupying positions of global
11leadership make California an ideal venue for international
12commercial arbitration.

13(3) The economic benefits of being a center for international
14commercial arbitration are substantial, broadly based, and
15distributed across both state and municipal levels.

16(b) Therefore, it is the intent of the Legislature that the statutes
17governing the arbitration and conciliation of international
18commercial disputes be broadly construed so as to promote
19California’s interest in becoming a major center for international
20commercial arbitration.

21

SEC. 2.  

Section 1297.18 is added to the Code of Civil
22Procedure
, to read:

23

1297.18.  

In any proceeding or procedure conducted pursuant
24to this title, the parties may appear in person or be represented or
25assisted by any person of their choice. A person representing or
26assisting a party need not be a member of the legal profession or
27licensed to practice law in California.

28

SEC. 3.  

Article 2 (commencing with Section 1297.351) of
29Chapter 7 of Title 9.3 of Part 3 of the Code of Civil Procedure is
30repealed.

end delete


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