Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1407


Introduced by Assembly Member Atkins

February 27, 2015


An act tobegin delete amend Section 2104 ofend deletebegin insert add Part 8 (commencing with Section 296) to Division 2 ofend insert the Family Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

AB 1407, as amended, Atkins. Family law:begin delete dissolution: declaration of disclosure.end deletebegin insert protective orders: wireless telephone numbers.end insert

begin insert

Existing law authorizes a court to issue an ex parte protective order enjoining a party from engaging in specified acts against another party, including, among other things, threatening or harassing that party. Existing law also authorizes a court to include these protective orders and other orders in a judgment entered in specified proceedings, including, among others, a proceeding for the dissolution of marriage. A violation of these court orders constitutes contempt of court, which is punishable as a misdemeanor.

end insert
begin insert

This bill would additionally authorize a court, during the pendency of specified proceedings, or in a judgment entered in those specified proceedings, to issue an order requiring a wireless telephone service provider to transfer the billing responsibility and rights to a wireless telephone number or numbers to a petitioner. The bill would require that order to be a separate order directed to the wireless telephone service provider that lists the name and billing telephone number of the accountholder, the name of the person to whom the number or numbers will be transferred, and each number to be transferred to that person. The bill would require, upon transfer of billing responsibility for and rights to a wireless telephone number, the costs associated with the wireless telephone number to be removed from the respondent’s bill and be billed to the petitioner. The bill would prohibit a cause of action against a wireless telephone service provider, its officers, employees, or agents, for actions taken related to the transfer of billing responsibility and rights to a wireless telephone number or numbers in accordance with the terms of the court order.

end insert
begin insert

By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law requires each party to a proceeding for dissolution of marriage or legal separation of the parties to serve on the other party a preliminary declaration of disclosure of assets, as specified, either concurrently with the petition for dissolution, or within 60 days of filing the petition.

end delete
begin delete

This bill would clarify that the petitioner is required to serve the preliminary declaration of disclosure either concurrently with the petition for dissolution or legal separation or within 60 days of filing the petition.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the
2following:

end insert
begin insert

3(a) Allowing a victim of domestic violence to retain the use of
4an existing wireless telephone number and access to the contacts
5and other information that may be contained in an existing wireless
6telephone is important for both the safety and emotional support
7of the victim. This can be a problem if the domestic violence victim
8is not the accountholder for the wireless telephone, as only an
9accountholder has the authority to release the telephone number
10or numbers contained in the account.

end insert
begin insert

11(b) According to a Wall Street Journal article, in 2011 just
12under 71 percent of households had a landline in the home, down
P3    1from a little more than 96 percent of households 15 years earlier.
2Cellular telephone ownership among adults reached 89 percent
3in 2011, up from approximately 36 percent in 1998.

end insert
begin insert

4(c) When two parties are divorced, for safety reasons, a
5custodial parent may need to monitor a child’s cellular telephone.
6This practice would be impossible where the accountholder for
7the wireless telephone is not the custodial parent.

end insert
8begin insert

begin insertSEC. 2.end insert  

end insert

begin insertPart 8 (commencing with Section 296) is added to
9Division 2 of the end insert
begin insertFamily Codeend insertbegin insert, to read:end insert

begin insert

10 

11PART begin insert8.end insert  Wireless Telephone Numbers

12

 

13

begin insert296.end insert  

(a) In order to ensure that the petitioner can maintain
14an existing wireless telephone number, and the wireless numbers
15of any minor children in the care of the petitioner, the court may
16issue an order during the pendency of a proceeding described in
17subdivision (f), or include an order in a judgment in a proceeding
18described in subdivision (f), requiring a wireless telephone service
19provider to transfer the billing responsibility and rights to the
20wireless telephone number or numbers to the petitioner, if the
21petitioner is not the accountholder.

22(b) The order transferring billing responsibility for and rights
23to the wireless telephone number or numbers to a petitioner shall
24be a separate order that is directed to the wireless telephone
25 service provider. The order shall list the name and billing
26telephone number of the accountholder, the name of the person to
27whom the telephone number or numbers will be transferred, and
28each telephone number to be transferred to that person.

29(c) Upon transfer of billing responsibility for and rights to a
30wireless telephone number pursuant to subdivision (a) by a wireless
31telephone service provider, the costs associated with the wireless
32telephone number, including, but not limited to, monthly service
33fees and the cost of a mobile device associated with the wireless
34telephone number, shall be removed from the respondent’s bill
35and shall be billed to the petitioner. The petitioner shall be
36responsible for the payment of those costs.

37(d) This section shall not affect the ability of the court to
38apportion the assets and debts of the parties as provided for in
39law.

P4    1(e) A cause of action shall not lie against any wireless telephone
2service provider, its officers, employees, or agents, for actions
3taken that are related to the transfer of the billing responsibility
4for and rights to the wireless telephone number or numbers in
5accordance with the terms of a court order issued pursuant to this
6section.

7(f) This section applies to proceedings held pursuant to any of
8the following:

9(1) Division 6 (commencing with Section 2000).

10(2) Division 8 (commencing with Section 3000).

11(3) Division 10 (commencing with Section 6200).

end insert
12begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.

end insert
begin delete
21

SECTION 1.  

Section 2104 of the Family Code is amended to
22read:

23

2104.  

(a) Except by court order for good cause, as provided
24in Section 2107, in the time period set forth in subdivision (f), each
25party shall serve on the other party a preliminary declaration of
26disclosure, executed under penalty of perjury on a form prescribed
27by the Judicial Council. The commission of perjury on the
28preliminary declaration of disclosure may be grounds for setting
29aside the judgment, or any part or parts thereof, pursuant to Chapter
3010 (commencing with Section 2120), in addition to any and all
31other remedies, civil or criminal, that otherwise are available under
32law for the commission of perjury. The preliminary declaration of
33disclosure shall include all tax returns filed by the declarant within
34the two years prior to the date that the party served the declaration.

35(b) The preliminary declaration of disclosure shall not be filed
36with the court, except on court order. However, the parties shall
37file proof of service of the preliminary declaration of disclosure
38with the court.

P5    1(c) The preliminary declaration of disclosure shall set forth with
2sufficient particularity, that a person of reasonable and ordinary
3intelligence can ascertain, all of the following:

4(1) The identity of all assets in which the declarant has or may
5have an interest and all liabilities for which the declarant is or may
6be liable, regardless of the characterization of the asset or liability
7as community, quasi-community, or separate.

8(2) The declarant’s percentage of ownership in each asset and
9percentage of obligation for each liability where property is not
10solely owned by one or both of the parties. The preliminary
11declaration may also set forth the declarant’s characterization of
12each asset or liability.

13(d) A declarant may amend his or her preliminary declaration
14of disclosure without leave of the court. Proof of service of any
15amendment shall be filed with the court.

16(e) Along with the preliminary declaration of disclosure, each
17party shall provide the other party with a completed income and
18expense declaration unless an income and expense declaration has
19already been provided and is current and valid.

20(f) The petitioner shall serve the other party with the preliminary
21declaration of disclosure either concurrently with the petition for
22 dissolution or legal separation, or within 60 days of filing the
23petition. The respondent shall serve the other party with the
24preliminary declaration of disclosure either concurrently with the
25response to the petition, or within 60 days of filing the response.
26The time periods specified in this subdivision may be extended by
27written agreement of the parties or by court order.

end delete


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