Amended in Assembly April 22, 2015

Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1407

Introduced by Assembly Member Atkins

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(Coauthor: Senator Pan)

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February 27, 2015

An act to add Part 8 (commencing with Section 296) to Division 2 of the Family Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

AB 1407, as amended, Atkins. Family law: protective orders: wireless telephone numbers.

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.

This bill begin delete would end delete begin insert would, commencing July 1, 2016, end insert additionally authorize a court, during the pendency of specified proceedings, or in a judgment entered in those specified proceedings, to issue an order begin delete requiring end delete begin insert directing end insert a wireless telephone service provider to transfer the billing responsibility and rights to a wireless telephone number or numbers to a begin delete petitioner. end delete begin insert requesting party. end insert 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 begin insert and contact information end insert 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 begin delete number, the costs associated with the wireless telephone number to be removed from the respondent’s bill and be billed to the petitioner. end delete begin insert number, the requesting party to assume all financial responsibility for the transferred wireless telephone number, monthly service costs, and costs for any mobile device associated with the wireless telephone number. end insert The bill would prohibit a cause of action against a wireless telephone service provider, its officers, employees, or agents, for actions taken begin delete related to the transfer of billing responsibility and rights to a wireless telephone number or numbers end delete in accordance with the terms of the court order. begin insert The bill would require the Judicial Council to, on or before July 1, 2016, develop any forms or rules necessary to effectuate these provisions. end insert

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

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.

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

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

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(a) For many victims of domestic violence, a wireless telephone
is their lifeline to the community resources, life-saving services,
and support network they need to leave their batterer and abusive
environment. For the majority of victims, shelter in a confidential
safehouse is a last resort, and, in fact, unnecessary. Victims are
going about their lives, working, and taking care of their children,
as they are making plans and determining their next steps to safely
leave their abuser. Many victims are able to access counseling
services and obtain legal assistance, such as securing a restraining
order, without entering into a safehouse. For these victims, a
wireless telephone serves as a critical tool for making appointments
and communicating with their advocates.

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(a)

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

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(b)

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begin insert (c) end insert  According to a Wall Street Journal article, in 2011 just under
71 percent of households had a landline in the home, down from
a little more than 96 percent of households 15 years earlier. Cellular
telephone ownership among adults reached 89 percent in 2011, up
from approximately 36 percent in 1998.

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(c)

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begin insert (d) end insert  When two parties are divorced, for safety reasons, a custodial
parent may need to monitor a child’s cellular telephone. This
practice would be impossible begin delete where end delete begin insert when end insert the accountholder for
the wireless telephone is not the custodial parent.

SEC. 2.  

Part 8 (commencing with Section 296) is added to
Division 2 of the Family Code, to read:

 

PART 8.  Wireless Telephone Numbers

 

296.  

(a)  begin delete In end delete begin insert Commencing July 1, 2016, in end insert order to ensure that
the begin delete petitioner end delete begin insert requesting party end insert can maintain an existing wireless
telephone number, and the wireless numbers of any minor children
in the care of the begin delete petitioner, end delete begin insert requesting party, end insert the court may issue
an begin delete order end delete begin insert order, after a noticed motion and hearing end insert during the
pendency of a proceeding described in subdivision (f), or include
an order in a judgment in a proceeding described in subdivision
(f), begin delete requiring end delete begin insert directing end insert a wireless telephone service provider to
transfer the billing responsibility begin insert for end insert and rights to the wireless
telephone number or numbers to the begin delete petitioner, end delete begin insert requesting party, end insert
if the begin delete petitioner end delete begin insert requesting party end insert is not the accountholder.

(b)  begin insert (1) end insert begin insert   end insert The order transferring billing responsibility for and
rights to the wireless telephone number or numbers to a begin delete petitioner end delete
begin insert requesting party end insert shall be a separate order that is directed to the
wireless telephone service provider. The order shall list the name
and billing telephone number of the accountholder, the name begin insert and
contact information end insert of the person to whom the telephone number
or numbers will be transferred, and each telephone number to be
transferred to that person. begin insert The court shall ensure that the contact
information of the requesting party is not provided to the
accountholder in proceedings held pursuant to Division 10
(commencing with Section 6200). end insert

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(2) The order shall be served on the wireless service provider’s
agent for service of process listed with the Secretary of State.

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(3) Whenever it is impossible for the wireless service provider
to operationally or technically effectuate the order due to certain
circumstances, including, but not limited to, any of the following,
the wireless service provider shall notify the requesting party
within 72 hours of receipt of the order:

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(A) When the accountholder has already terminated the account.

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(B) When differences in network technology prevent the
functionality of a device on the network.

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(C) When there are geographic or other limitations on network
or service availability.

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(c)  begin insert (1) end insert begin insert   end insert Upon transfer of billing responsibility for and rights to
a wireless telephone number begin insert to a requesting party end insert pursuant to
subdivision begin delete (a) end delete begin insert (b) end insert by a wireless telephone service provider, the
begin delete costs associated with the wireless telephone number, including,
but not limited to, monthly service fees and the cost of a mobile
device associated with the wireless telephone number, shall be
removed from the respondent’s bill and shall be billed to the
petitioner. The petitioner shall be responsible for the payment of
those costs. end delete begin insert requesting party shall assume all financial
responsibility for the transferred wireless telephone number,
monthly service costs, and costs for any mobile device associated
with the wireless telephone number. end insert

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(2) This section shall not preclude a wireless service provider
from applying any routine and customary requirements for account
establishment to the requesting party as part of this transfer of
billing responsibility for a wireless telephone number and any
devices attached to that number, including, but not limited to,
identification, financial information and customer preferences,
except that the wireless service provider shall not charge the
requesting party with any initiation or start-up fee.

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

(e)  begin delete A end delete begin insert No end insert cause of action shall begin delete not end delete lie against any wireless
telephone service provider, its officers, employees, or agents, for
actions taken begin delete that are related to the transfer of the billing
responsibility for and rights to the wireless telephone number or
numbers end delete in accordance with the terms of a court order issued
pursuant to this section.

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

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

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

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

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(g) The Judicial Council shall, on or before July 1, 2016,
develop any forms or rules necessary to effectuate this section.

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SEC. 3.  

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