Amended in Assembly March 15, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1735

Introduced by Assembly Member Waldron

February 1, 2016

An act to amend Section begin delete 1798.60 of the Civil Code, relating to information practices. end delete begin insert 215 of the Family Code, relating to dissolution of marriage. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1735, as amended, Waldron. begin delete Information Practices Act of 1977: personal information. end delete begin insert Dissolution of marriage: bifurcated judgment: service. end insert

begin insert

Existing law, when there is a modification of a judgment or order or a subsequent order in a specified proceeding relating to marriage, including dissolution of marriage, requires that service for the new order or proceeding be made to the party in the same manner as the notice is otherwise permitted to be served. Existing law specifies that service upon the attorney of record is not sufficient.

end insert begin insert

This bill would require service upon the attorney of record, and not the party, in the case of a bifurcated judgment of dissolution.

end insert begin delete

The Information Practices Act of 1977 prescribes requirements for state agencies for the maintenance of personal information, as defined, and restricts a state agency from disclosing personal information contained in its records, as specified. The act, among other things, prohibits a state agency from distributing for commercial purposes, selling, or renting an individual’s name and address unless specifically authorized by law.

end delete begin 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 215 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

215.  

(a) Except as provided in subdivision begin delete (b), end delete begin insert (b) or (c), end insert after
entry of a judgment of dissolution of marriage, nullity of marriage,
legal separation of the parties, or paternity, or after a permanent
order in any other proceeding in which there was at issue the
visitation, custody, or support of a child, no modification of the
judgment or order, and no subsequent order in the proceedings, is
valid unless any prior notice otherwise required to be given to a
party to the proceeding is served, in the same manner as the notice
is otherwise permitted by law to be served, upon the party. For the
purposes of this section, service upon the attorney of record is not
sufficient.

(b) A postjudgment motion to modify a custody, visitation, or
child support order may be served on the other party or parties by
first-class mail or airmail, postage prepaid, to the persons to be
served. For any party served by mail, the proof of service must
include an address verification.

begin insert

(c) This section does not apply to a bifurcated judgment of
dissolution pursuant to Section 2337, service for which shall be
upon the attorney of record.

end insert

begin delete

SECTION 1.  

Section 1798.60 of the Civil Code is amended
to read:

1798.60.  

An individual’s name and address shall not be
distributed for commercial purposes, sold, or rented by an agency
unless that action is specifically authorized by law.

end delete