BILL NUMBER: AB 2085	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Irwin

                        FEBRUARY 17, 2016

   An act to amend Section 51 of, and to add Section 59.5 to, the
Military and Veterans Code, relating to military and veterans.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2085, as introduced, Irwin. Military and veterans: legal aid.
   Existing law establishes the California Military Department, which
includes the Office of the Adjutant General, the California National
Guard, the State Military Reserve, the California Cadet Corps, and
the Naval Militia.
   This bill would create the Office of Military Legal Assistance
within the Military Department. The bill would require the Office of
Military Legal Assistance to facilitate the delivery of legal
assistance programs, pro bono services, and self-help services to
current and former military personnel in the state, and to function
as a clearinghouse for the coordination of attorneys offering pro
bono legal services to military members needing legal representation.
The bill would additionally authorize the Military Department to
apply for and accept grants, gifts, donations, bequests, and devises
on behalf of the Office of Military Legal Assistance, and to deposit
those in the Military Legal Assistance Account, established in the
California Military Department Support Fund. The bill would provide
that the Military Legal Assistance Account is available, upon
appropriation by the Legislature, for the purpose of carrying out the
functions of the Office of Military Legal Assistance.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) Attorneys in California are needed to assist active duty
servicemembers and reservists with legal matters. Military personnel
are often presented with legal challenges due to the requirements of
their service, such as frequent relocation, interrupted employment,
financial need, and strain on family life, among others.
   (b) While some legal services are provided to servicemembers
through their respective service's Judge Advocates General (JAG),
there is a gap in service for a variety of legal issues, particularly
in civil law, because JAGs are prohibited from representing
servicemembers in civilian court in almost all cases. The primary
legal areas with which servicemembers require assistance include the
Uniformed Services Employment and Reemployment Rights Act, the
Servicemembers Civil Relief Act, family law, consumer fraud, property
and landlord issues, naturalization and immigration, creditor and
debtor issues, and predatory lending.
  SEC. 2.  Section 51 of the Military and Veterans Code is amended to
read:
   51.  The Military Department includes the office of the Adjutant
General, the California National Guard, the State Military Reserve,
the California Cadet Corps,  and the Naval Militia. 
 the Naval Militia, and the Office of Military Legal Assistance.

  SEC. 3.  Section 59.5 is added to the Military and Veterans Code,
to read:
   59.5.  (a) The Office of Military Legal Assistance is hereby
created in the Military Department. The Office of Military Legal
Assistance shall facilitate the delivery of legal assistance
programs, pro bono services, and self-help services to current and
former military personnel in the state.
   (b) The Office of Military Legal Assistance shall function as a
clearinghouse for the coordination of attorneys offering pro bono
legal services to military service members needing legal
representation.
   (c) The department may apply for and accept grants, gifts,
donations, bequests, and devises on behalf of the Office of Military
Legal Assistance, which shall be deposited in the Military Legal
Assistance Account, as hereby established in the California Military
Department Support Fund. Notwithstanding Section 412.5, funds in the
Military Legal Assistance Account are available, upon appropriation
by the Legislature, for the purpose of carrying out the functions of
the office pursuant to this section.