Amended in Assembly June 18, 2015

Amended in Senate April 6, 2015

Senate Bill No. 589

Introduced by Senator Block

February 26, 2015

An act to amend Sections 2102, 2150, 2208, and 2209 of the Elections Code, and to amend Sections 1823, 1826, 1828, 1851, and 1910 of the Probate Code, relating to voting.

LEGISLATIVE COUNSEL’S DIGEST

SB 589, as amended, Block. Voting: voter registration: individuals with disabilities and conservatees.

(1) Existing law requires that a person be registered as a voter by affidavit of registration and provides that a properly executed registration is deemed effective if it is received on or before the 15th day before an election to be held in the registrant’s precinct. Existing law requires the affidavit of registration to show certain information of the affiant and requires the affiant to certify the content of the affidavit as to its truth and correctness, under penalty of perjury, with the signature of the affiant’s name and the date of signing, except that if the affiant is unable to write, a mark or cross must be used to sign the affidavit.

This bill would authorize an individual with a disability who is otherwise qualified to vote to complete an affidavit of registration with reasonable accommodations as needed. The bill would also authorize an individual with a disability who is under a conservatorship to be registered to vote if he or she has not been disqualified from voting. The bill would authorize an affiant who is an individual with a disability to complete the affidavit of registration with reasonable accommodations as needed. The bill would find and declare that by explicitly adding the concept of reasonable accommodation to state laws on voter qualification, the bill brings the state into compliance with federal standards.

(2) Existing law deems a person mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds that the person is incapable of completing an affidavit of voter registration. Existing law, in certain conservatorship proceedings heard by a jury, requires the jury to unanimously find that the person is incapable of completing an affidavit of registration before the person is disqualified from voting. If an order establishing a conservatorship is made and in connection with the order it is found that the person is incapable of completing an affidavit of voter registration, existing law requires the court to forward the order and determination to the county elections official of the person’s county of residence. Existing law, during the yearly or biennial review of certain conservatorships, requires the court investigator to review the person’s capability of completing an affidavit of voter registration and, if the conservatee’s capability of completing the affidavit of voter registration changes, requires the court investigator to inform the court and the court to hold a hearing regarding that capability.

This bill would instead require that a person be presumed competent to vote, regardless of his or her conservatorship status, and would require that a person be deemed mentally incompetent, and therefore disqualified from voting if, during certain proceedings including conservatorship proceedings, the court finds by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process. In certain conservatorship proceedings heard by a jury, the bill would require the jury to instead unanimously find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the person is disqualified from voting. The bill would also require an order establishing a conservatorship to instead find by clear and convincing evidence that the person cannot communicate, with or without reasonable accommodations, a desire to participate in the voting process before the court is required to forward the order and determination to the county elections official of the person’s county of residence. The bill, during the yearly or biennial review of certain conservatorships, would instead require the court investigator to review the person’s capability of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and if the conservatee’s capability of communicating that desire has changed, would require the court investigator to inform the court and the court to hold a hearing regarding that capability.

(3) Existing law regulates the terms and conditions of conservatorships and requires a court clerk, if a conservatorship petition is filed by a person other than the proposed conservatee, to issue a citation to the proposed conservatee that includes, among other things, a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of completing an affidavit of voter registration, and a statement that the proposed conservatee will not be disqualified from voting if he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person. Existing law requires a court hearing on a petition for the appointment of a conservator and requires a court investigator, before the court hearing and as part of periodic review after the appointment of the conservator to, among other things, determine if the proposed conservatee is incapable of completing an affidavit of voter registration, as specified, and may be disqualified from voting. Existing law provides that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit by signing it with a mark, cross, or signature stamp, or with the assistance of another person.

This bill would require the court clerk’s citation to the proposed conservatee, as described above, to instead include a statement that the proposed conservatee may be disqualified from voting if he or she is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and a statement that the proposed conservatee will not be disqualified from voting if he or she would also need to complete the affidavit with reasonable accommodations. The bill would require the court investigator, before the court hearing and as part of periodic reviews after the appointment of a conservator to, among other things, instead determine whether the proposed conservatee is incapable of communicating, with or without reasonable accommodations, a desire to participate in the voting process, and may be disqualified from voting. The bill would also provide that a conservatee is not disqualified from voting on the basis that he or she would need to complete the affidavit with reasonable accommodations. By requiring local officials to perform additional duties, the bill would impose a state-mandated local program.

(4) This bill would also make technical, nonsubstantive changes to these provisions.

(5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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 that federal
disability nondiscrimination laws, including Title II of the federal
American with Disabilities begin delete Act, end delete begin insert Act end insert begin insert of 1990 (Public Law 101-336), end insert
entitle people with disabilities to reasonable accommodations, as
needed, to participate in public activities such as voting. The
Legislature further finds and declares that by explicitly adding the
concept of reasonable accommodation to California laws on voter
qualification, this act brings the state into compliance with federal
standards.

SEC. 2.  

Section 2102 of the Elections Code, as amended by
Section 5 of Chapter 909 of the Statutes of 2014, is amended to
read:

2102.  

(a) A person shall not be registered as a voter except by
affidavit of registration. The affidavit begin insert of registration end insert shall be mailed
or delivered to the county elections official and shall set forth all
of the facts required to be shown by this chapter. A properly
executed affidavit of registration shall be deemed effective upon
receipt of the affidavit by the county elections official if received
on or before the 15th day before an election to be held in the
registrant’s precinct. A properly executed affidavit of registration
shall also be deemed effective upon receipt of the affidavit by the
county elections official if any of the following apply:

(1) The affidavit is postmarked on or before the 15th day before
the election and received by mail by the county elections official.

(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the federal National Voter
Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or
before the 15th day before the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day before the election.

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day before the election.

(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:

(1) The affidavit is signed on the same date or a date before the
signing of the petition or paper.

(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.

(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.

(d) An individual with a disability who is otherwise qualified
to vote may complete an affidavit of registration with reasonable
accommodations as needed.

(e) An individual with a disability who is under a
conservatorship may be registered to vote if he or she has not been
disqualified from voting.

SEC. 3.  

Section 2102 of the Elections Code, as amended by
Section 6.5 of Chapter 909 of the Statutes of 2014, is amended to
read:

2102.  

(a) A person shall not be registered as a voter except by
affidavit of registration. The affidavit begin insert of registration end insert shall be mailed
or delivered to the county elections official and shall set forth all
of the facts required to be shown by this chapter. A properly
executed affidavit of registration shall be deemed effective upon
receipt of the affidavit by the county elections official if received
on or before the 15th day before an election to be held in the
registrant’s precinct. A properly executed affidavit of registration
shall also be deemed effective upon receipt of the affidavit by the
county elections official if any of the following apply:

(1) The affidavit is postmarked on or before the 15th day before
the election and received by mail by the county elections official.

(2) The affidavit is submitted to the Department of Motor
Vehicles or accepted by any other public agency designated as a
voter registration agency pursuant to the federal National Voter
Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or
before the 15th day before the election.

(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day before the election.

(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day before the election.

(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:

(1) The affidavit is signed on the same date or a date before the
signing of the petition or paper.

(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.

(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.

(d) A person who is at least 16 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
affidavit of registration made pursuant to this subdivision shall be
deemed effective as of the date the affiant will be 18 years of age,
if the information in the affidavit of registration is still current at
that time. If the information provided by the affiant in the affidavit
of registration is not current at the time that the affidavit of
registration would otherwise become effective, for his or her
registration to become effective, the affiant shall provide the current
information to the proper county elections official as prescribed
by this chapter.

(e) An individual with a disability who is otherwise qualified
to vote may complete an affidavit of registration with reasonable
accommodations as needed.

(f) An individual with a disability who is under a conservatorship
may be registered to vote if he or she has not been disqualified
from voting.

SEC. 4.  

Section 2150 of the Elections Code, as amended by
Section 8 of Chapter 1 of the Statutes of 2009, is amended to read:

2150.  

(a) The affidavit of registration shall show:

(1) The facts necessary to establish the affiant as an elector.

(2) The affiant’s name at length, including his or her given
name, and a middle name or initial, or if the initial of the given
name is customarily used, then the initial and middle name. The
affiant’s given name may be preceded, at begin insert the end insert affiant’s option, by
the designation of Miss, Ms., Mrs., or Mr. A person shall not be
denied the right to register because of his or her failure to mark a
prefix to the given name and shall be so advised on the voter
registration card. This subdivision shall not be construed as
requiring the printing of prefixes on an affidavit of registration.

(3) The affiant’s place of residence, residence telephone number,
if furnished, and email address, if furnished. A person shall not be
denied the right to register because of his or her failure to furnish
a telephone number or email address, and shall be so advised on
the voter registration card.

(4) The affiant’s mailing address, if different from the place of
residence.

(5) The affiant’s date of birth to establish that he or she will be
at least 18 years of age on or before the date of the next election.

(6) The state or country of the affiant’s birth.

(7) (A) In the case of an begin delete applicant end delete begin insert affiant end insert who has been issued
a current and valid driver’s license, the begin delete applicant’s end delete begin insert affiant’s end insert driver’s
license number.

(B) In the case of any other begin delete applicant, end delete begin insert affiant, end insert other than an
begin delete applicant end delete begin insert affiant end insert to whom subparagraph (C) applies, the last four
digits of the begin delete applicant’s end delete begin insert affiant’s end insert social security number.

(C) If begin delete an applicant for end delete begin insert a end insert voter registration begin insert affiant end insert has not been
issued a current and valid driver’s license or a social security
number, the state shall assign the applicant a number that will serve
to identify the begin delete applicant end delete begin insert affiant end insert for voter registration purposes. If
the state has a computerized list in effect under this paragraph and
the list assigns unique identifying numbers to registrants, the
number assigned under this subparagraph shall be the unique
identifying number assigned under the list.

(8) The affiant’s political party preference.

(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.

(10) A prior registration portion indicating if the affiant has
been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.

(b) The affiant shall certify the content of the affidavit of
registration as to its truthfulness and correctness, under penalty of
perjury, with the signature of his or her name and the date of
signing. If the affiant is unable to write he or she shall sign with
a mark or cross. An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as
needed.

(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because
he or she declines to state his or her ethnicity or race.

(d) If a person, including a deputy registrar, assists the affiant
in completing the affidavit of registration, that person shall sign
and date the affidavit below the signature of the affiant.

(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.

(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials before printing
new or revised forms that reflect the changes made to this section
by Chapter 508 of the Statutes of 2007.

SEC. 5.  

Section 2150 of the Elections Code, as amended by
Section 3 of Chapter 619 of the Statutes of 2014, is amended to
read:

2150.  

(a) The affidavit of registration shall show:

(1) The facts necessary to establish the affiant as an elector.

(2) The affiant’s name at length, including his or her given
name, and a middle name or initial, or if the initial of the given
name is customarily used, then the initial and middle name. The
affiant’s given name may be preceded, at begin insert the end insert affiant’s option, by
the designation of Miss, Ms., Mrs., or Mr. A person shall not be
denied the right to register because of his or her failure to mark a
prefix to the given name and shall be so advised on the voter
registration card. This subdivision shall not be construed as
requiring the printing of prefixes on an affidavit of registration.

(3) The affiant’s place of residence, residence telephone number,
if furnished, and email address, if furnished. A person shall not be
denied the right to register because of his or her failure to furnish
a telephone number or email address, and shall be so advised on
the voter registration card.

(4) The affiant’s mailing address, if different from the place of
residence.

(5) The affiant’s date of birth to establish that he or she will be
at least 18 years of age on or before the date of the next election.
In the case of an affidavit of registration submitted pursuant to
subdivision (d) of Section 2102, the affiant’s date of birth to
establish that he or she is at least 16 years of age.

(6) The state or country of the affiant’s birth.

(7) (A) In the case of an begin delete applicant end delete begin insert affiant end insert who has been issued
a current and valid driver’s license, the begin delete applicant’s end delete begin insert affiant’s end insert driver’s
license number.

(B) In the case of any other begin delete applicant, end delete begin insert affiant, end insert other than an
begin delete applicant end delete begin insert affiant end insert to whom subparagraph (C) applies, the last four
digits of the begin delete applicant’s end delete begin insert affiant’s end insert social security number.

(C) If begin delete an applicant for end delete begin insert a end insert voter registration begin insert affiant end insert has not been
issued a current and valid driver’s license or a social security
number, the state shall assign the begin delete applicant end delete begin insert affiant end insert a number that
will serve to identify the begin delete applicant end delete begin insert affiant end insert for voter registration
purposes. If the state has a computerized list in effect under this
paragraph and the list assigns unique identifying numbers to
registrants, the number assigned under this subparagraph shall be
the unique identifying number assigned under the list.

(8) The affiant’s political party preference.

(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.

(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.

(b) The affiant shall certify the content of the affidavit of
registration as to its truthfulness and correctness, under penalty of
perjury, with the signature of his or her name and the date of
signing. If the affiant is unable to write he or she shall sign with
a mark or cross. An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as
needed.

(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant shall not be denied the ability to register because
he or she declines to state his or her ethnicity or race.

(d) If a person, including a deputy registrar, assists the affiant
in completing the affidavit of registration, that person shall sign
and date the affidavit below the signature of the affiant.

(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.

(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials before printing
new or revised forms that reflect the changes made to this section
by Chapter 508 of the Statutes of 2007.

SEC. 6.  

Section 2208 of the Elections Code is amended to read:

2208.  

(a) A person is presumed competent to vote regardless
of his or her conservatorship status. A person shall be deemed
mentally incompetent, and therefore disqualified from voting, if,
during the course of any of the proceedings set forth below, the
court finds by clear and convincing evidence that the person cannot
communicate, with or without reasonable accommodations, a desire
to participate in the voting process, and any of the following apply:

(1) A conservator for the person or the person and estate is
appointed pursuant to Division 4 (commencing with Section 1400)
of the Probate Code.

(2) A conservator for the person or the person and estate is
appointed pursuant to Chapter 3 (commencing with Section 5350)
of Part 1 of Division 5 of the Welfare and Institutions Code.

(3) A conservator is appointed for the person pursuant to
proceedings initiated under Section 5352.5 of the Welfare and
Institutions Code, the person has been found not competent to
stand trial, and the person’s trial or judgment has been suspended
pursuant to Section 1370 of the Penal Code.

(4) A person has begin delete plead end delete begin insert pleaded end insert not guilty by reason of insanity,
has been found to be not guilty pursuant to Section 1026 of the
Penal Code, and is deemed to be gravely disabled at the time of
judgment as defined in paragraph (2) of subdivision (h) of Section
5008 of the Welfare and Institutions Code.

(b) If the proceeding under the Welfare and Institutions Code
is heard by a jury, the jury shall unanimously find by clear and
convincing evidence that the person cannot communicate, with or
without reasonable accommodations, a desire to participate in the
voting process before the person shall be disqualified from voting.

(c) If an order establishing a conservatorship is made and in
connection with the order it is found by clear and convincing
evidence that the person cannot communicate, with or without
reasonable accommodations, a desire to participate in the voting
process, the court shall forward the order and determination to the
county elections official of the person’s county of residence.

(d) A person shall not be disqualified from voting pursuant to
this section on the basis that he or she does, or would need to do,
any of the following to complete an affidavit of voter registration:

(1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150.

(2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5.

(3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150.

(4) Completes the affidavit of voter registration with reasonable
accommodations.

SEC. 7.  

Section 2209 of the Elections Code is amended to read:

2209.  

(a) For conservatorships established pursuant to Division
4 (commencing with Section 1400) of the Probate Code, the court
investigator shall, during the yearly or biennial review of the
conservatorship as required by Chapter 2 (commencing with
Section 1850) of Part 3 of Division 4 of the Probate Code, review
the person’s capability of communicating, with or without
reasonable accommodations, a desire to participate in the voting
process.

(b)  begin delete (1) end delete begin delete   end delete If the person had been disqualified from voting by reason
of being incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, or
by reason of being incapable of completing an affidavit of voter
registration, the court investigator shall determine if the person begin delete is
capable end delete begin insert continues to be incapable end insert of communicating, with or
without reasonable accommodations, a desire to participate in the
voting process, and the investigator shall so inform the court. begin insert If
the investigator determines that the person continues to be
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, a
court hearing on the issue is unnecessary. If the investigator finds
that the person is not incapable of communicating, with or without
reasonable accommodations, a desire to participate in the voting
process, the court shall hold a hearing to determine if, by clear
and convincing evidence, the person cannot communicate, with
or without reasonable accommodations, a desire to participate in
the voting process. Unless the person is found incapable of
communicating that desire, the person’s right to register to vote
shall be restored, and the court shall so notify the county elections
official. end insert

begin delete

(2) If the investigator finds that the person is incapable of
communicating, with or without reasonable accommodations, a
desire to participate in the voting process, the court shall hold a
hearing to determine if, by clear and convincing evidence, the
person cannot communicate, with or without reasonable
accommodations, a desire to participate in the voting process.
Unless the person is found incapable of communicating that desire,
the person’s right to register to vote shall be restored, and the court
shall so notify the county elections official.

end delete

(c) If the person has not been found incapable of communicating,
with or without reasonable accommodations, a desire to participate
in the voting process, and the court investigator determines that
the person is no longer capable of communicating that desire, the
investigator shall so notify the court. The court shall hold a hearing
to determine if, by clear and convincing evidence, the person
cannot communicate, with or without reasonable accommodations,
a desire to participate in the voting process. If the court determines
that the person cannot communicate that desire, the court shall
order the person to be disqualified from voting pursuant to Section
2208, and the court shall so notify the county elections official.

SEC. 8.  

Section 1823 of the Probate Code is amended to read:

1823.  

(a) If the petition is filed by a person other than the
proposed conservatee, the clerk shall issue a citation directed to
the proposed conservatee setting forth the time and place of
hearing.

(b) The citation shall begin delete include a statement of end delete begin insert state end insert the legal
standards by which the need for a conservatorship is adjudged as
stated in Section 1801 and shall state the substance of all of the
following:

(1) The proposed conservatee may be adjudged unable to
provide for personal needs or to manage financial resources and,
by reason thereof, a conservator may be appointed for the person
or estate, or both.

(2) Such adjudication may affect or transfer to the conservator
the proposed conservatee’s right to contract, in whole or in part,
to manage and control property, to give informed consent for
medical treatment, and to fix a residence.

(3) (A) The proposed conservatee may be disqualified from
voting pursuant to Section 2208 of the Elections Code if he or she
is incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.

(B) The proposed conservatee shall not be disqualified from
voting on the basis that he or she does, or would need to do, any
of the following to complete an affidavit of voter registration:

(i) Signs the affidavit of voter registration with a mark or a cross
pursuant to subdivision (b) of Section 2150 of the Elections Code.

(ii) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.

(iii) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.

(iv) Completes the affidavit of voter registration with reasonable
accommodations.

(4) The court or a court investigator will explain the nature,
purpose, and effect of the proceeding to the proposed conservatee
and will answer questions concerning the explanation.

(5) The proposed conservatee has the right to appear at the
hearing and to oppose the petition, and in the case of an alleged
developmentally disabled adult, to oppose the petition in part, by
objecting to any or all of the requested duties or powers of the
limited conservator.

(6) The proposed conservatee has the right to choose and be
represented by legal counsel and has the right to have legal counsel
appointed by the court if unable to retain legal counsel.

(7) The proposed conservatee has the right to a jury trial if
desired.

SEC. 9.  

Section 1826 of the Probate Code is amended to read:

1826.  

(a) Regardless of whether the proposed conservatee
attends the hearing, the court investigator shall do all of the
following:

(1) Conduct the following interviews:

(A) The proposed conservatee personally.

(B) All petitioners and all proposed conservators who are not
petitioners.

(C) The proposed conservatee’s spouse or registered domestic
partner and relatives within the first degree. If the proposed
conservatee does not have a spouse, registered domestic partner,
or relatives within the first degree, to the greatest extent possible,
the proposed conservatee’s relatives within the second degree.

(D) To the greatest extent practical and taking into account the
proposed conservatee’s wishes, the proposed conservatee’s relatives
within the second degree not required to be interviewed under
subparagraph (C), neighbors, and, if known, close friends.

(2) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the proceeding, and
of the right of the proposed conservatee to oppose the proceeding,
to attend the hearing, to have the matter of the establishment of
the conservatorship tried by jury, to be represented by legal counsel
if the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.

(3) Determine if it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.

(4) Review the allegations of the petition as to why the
appointment of the conservator is required and, in making his or
her determination, do the following:

(A) Refer to the supplemental information form submitted by
the petitioner and consider the facts set forth in the form that
address each of the categories specified in paragraphs (1) to (5),
inclusive, of subdivision (a) of Section 1821.

(B) Consider, to the extent practicable, whether he or she
believes the proposed conservatee suffers from any of the mental
function deficits listed in subdivision (a) of Section 811 that
significantly impairs the proposed conservatee’s ability to
understand and appreciate the consequences of his or her actions
in connection with any of the functions described in subdivision
(a) or (b) of Section 1801 and identify the observations that support
that belief.

(5) Determine if the proposed conservatee wishes to contest the
establishment of the conservatorship.

(6) Determine if the proposed conservatee objects to the
proposed conservator or prefers another person to act as
conservator.

(7) Determine if the proposed conservatee wishes to be
represented by legal counsel and, if so, whether the proposed
conservatee has retained legal counsel and, if not, the name of an
attorney the proposed conservatee wishes to retain.

(8) (A) Determine if the proposed conservatee is incapable of
communicating, with or without reasonable accommodations, a
desire to participate in the voting process, and may be disqualified
from voting pursuant to Section 2208 of the Elections Code.

(B) The proposed conservatee shall not be disqualified from
voting on the basis that he or she does, or would need to do, any
of the following to complete an affidavit of voter registration:

(i) Signs the affidavit of voter registration with a mark or a cross
pursuant to subdivision (b) of Section 2150 of the Elections Code.

(ii) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.

(iii) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.

(iv) Completes the affidavit of voter registration with reasonable
accommodations.

(9) If the proposed conservatee has not retained legal counsel,
determine if the proposed conservatee desires the court to appoint
legal counsel.

(10) Determine begin delete whether end delete begin insert if end insert the appointment of legal counsel
would be helpful to the resolution of the matter or is necessary to
protect the interests of the proposed conservatee in a case where
the proposed conservatee does not plan to retain legal counsel and
has not requested the appointment of legal counsel by the court.

(11) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing, including the proposed
conservatee’s express communications concerning both of the
following:

(A) Representation by legal counsel.

(B) If the proposed conservatee is not willing to attend the
hearing, does not wish to contest the establishment of the
conservatorship, and does not object to the proposed conservator
or prefers that another person act as conservator.

(12) Mail, at least five days before the hearing, a copy of the
report referred to in paragraph (11) to all of the following:

(A) The attorney, if any, for the petitioner.

(B) The attorney, if any, for the proposed conservatee.

(C) The proposed conservatee.

(D) The spouse, registered domestic partner, and relatives within
the first degree of the proposed conservatee who are required to
be named in the petition for appointment of the conservator, unless
the court determines that the mailing will begin delete result in harm to end delete begin insert harm end insert
the conservatee.

(E) Any other persons as the court orders.

(b) The court investigator has discretion to release the report
required by this section to the public conservator, interested public
agencies, and the long-term care ombudsman.

(c) The report required by this section is confidential and shall
be made available only to parties, persons described in paragraph
(12) of subdivision (a), persons given notice of the petition who
have requested this report or who have appeared in the proceedings,
their attorneys, and the court. The court has discretion at any other
time to release the report, if it would serve the interests of the
conservatee. The clerk of the court shall provide for the limitation
of the report exclusively to persons entitled to its receipt.

(d) This section does not apply to a proposed conservatee who
has personally executed the petition for conservatorship, or a
proposed conservatee who has nominated his or her own
conservator, if he or she attends the hearing.

(e) If the court investigator has performed an investigation
within the preceding six months and furnished a report thereon to
the court, the court may order, upon good cause shown, that another
investigation is not necessary or that a more limited investigation
may be performed.

(f) An investigation by the court investigator related to a
temporary conservatorship also may be a part of the investigation
for the general petition for conservatorship, but the court
investigator shall make a second visit to the proposed conservatee
and the report required by this section shall include the effect of
the temporary conservatorship on the proposed conservatee.

(g) The Judicial Council shall, on or before January 1, 2009,
adopt rules of court and Judicial Council forms as necessary to
implement an expedited procedure to authorize, by court order, a
proposed conservatee’s health care provider to disclose confidential
medical information about the proposed conservatee to a court
investigator pursuant to federal medical information privacy
regulations promulgated under the federal Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-191).

(h) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by
Chapter 493 of the Statutes begin insert of end insert 2006 until the Legislature makes an
appropriation identified for this purpose.

SEC. 10.  

Section 1828 of the Probate Code is amended to read:

1828.  

(a) Except as provided in subdivision (c), before the
establishment of a conservatorship of the person or estate, or both,
the court shall inform the proposed conservatee of all of the
following:

(1) The nature and purpose of the proceeding.

(2) The establishment of a conservatorship is a legal adjudication
of the conservatee’s inability begin delete properly to end delete begin insert to properly end insert provide for
the conservatee’s personal needs or to manage the conservatee’s
own financial resources, or both, depending on the allegations
made and the determinations requested in the petition, and the
effect of such an adjudication on the conservatee’s basic rights.

(3) (A) The proposed conservatee may be disqualified from
voting pursuant to Section 2208 of the Elections Code if he or she
is incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.

(B) The proposed conservatee shall not be disqualified from
voting on the basis that he or she does, or would need to do, any
of the following to complete an affidavit of voter registration:

(i) Signs the affidavit of voter registration with a mark or a cross
pursuant to subdivision (b) of Section 2150 of the Elections Code.

(ii) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.

(iii) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.

(iv) Completes the affidavit of voter registration with reasonable
accommodations.

(4) The identity of the proposed conservator.

(5) The nature and effect on the conservatee’s basic rights of
any order requested under Chapter 4 (commencing with Section
1870), and in the case of an allegedly developmentally disabled
adult, the specific effects of each limitation requested in such order.

(6) The proposed conservatee has the right to oppose the
proceeding, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel
if the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.

(b) After the court so informs the proposed conservatee and
before the establishment of the conservatorship, the court shall
consult the proposed conservatee to determine the proposed
conservatee’s opinion concerning all of the following:

(1) The establishment of the conservatorship.

(2) The appointment of the proposed conservator.

(3) Any order requested under Chapter 4 (commencing with
Section 1870), and in the case of an allegedly developmentally
disabled adult, of each limitation requested in such order.

(c) This section does not apply where both of the following
conditions are satisfied:

(1) The proposed conservatee is absent from the hearing and is
not required to attend the hearing under subdivision (a) of Section
1825.

(2) Any showing required by Section 1825 has been made.

SEC. 11.  

Section 1851 of the Probate Code is amended to read:

1851.  

(a) (1) If court review is required pursuant to Section
1850, the court investigator shall, without prior notice to the
conservator except as ordered by the court for necessity or to
prevent harm to the conservatee, visit the conservatee. The court
investigator shall inform the conservatee personally that the
conservatee is under a conservatorship and shall give the name of
the conservator to the conservatee. The court investigator shall
determine all of the following:

(A) If the conservatee wishes to petition the court for termination
of the conservatorship.

(B) If the conservatee is still in need of the conservatorship.

(C) If the present conservator is acting in the best interests of
the conservatee. In determining if the conservator is acting in the
best interests of the conservatee, the court investigator’s evaluation
shall include an examination of the conservatee’s placement, the
quality of care, including physical and mental treatment, and the
conservatee’s finances. To the extent practicable, the investigator
shall review the accounting with a conservatee who has sufficient
capacity. To the greatest extent possible, the court investigator
shall interview individuals set forth in paragraph (1) of subdivision
(a) of Section 1826, in order to determine if the conservator is
acting in the best interests of the conservatee.

(D) (i) If the conservatee is incapable of communicating, with
or without reasonable accommodations, a desire to participate in
the voting process and may be disqualified from voting pursuant
to Section 2208 or 2209 of the Elections Code.

(ii) The conservatee shall not be disqualified from voting on
the basis that he or she does, or would need to do, any of the
following to complete an affidavit of voter registration:

(I) Signs the affidavit of voter registration with a mark or a cross
pursuant to subdivision (b) of Section 2150 of the Elections Code.

(II) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.

(III) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.

(IV) Completes the affidavit of voter registration with reasonable
accommodations.

(2) If the court has made an order under Chapter 4 (commencing
with Section 1870), the court investigator shall determine if the
present condition of the conservatee is such that the terms of the
order should be modified or the order revoked.

(3) Upon request of the court investigator, the conservator shall
make available to the court investigator during the investigation
for inspection and copying all books and records, including receipts
and any expenditures, of the conservatorship.

(b) (1) The findings of the court investigator, including the
facts upon which the findings are based, shall be certified in writing
to the court not less than 15 days before the date of review. A copy
of the report shall be mailed to the conservator and to the attorneys
of record for the conservator and conservatee at the same time it
is certified to the court. A copy of the report, modified as set forth
in paragraph (2), also shall be mailed to the conservatee’s spouse
or registered domestic partner, the conservatee’s relatives in the
first degree, and if there are no such relatives, to the next closest
relative, unless the court determines that the mailing will begin delete result in
harm to end delete begin insert harm end insert the conservatee.

(2) Confidential medical information and confidential
information from the California Law Enforcement
Telecommunications System shall be in a separate attachment to
the report and shall not be provided in copies sent to the
conservatee’s spouse or registered domestic partner, the
conservatee’s relatives in the first degree, and if there are no such
relatives, to the next closest relative.

(c) In the case of a limited conservatee, the court investigator
shall begin delete make a recommendation regarding the continuation or
termination of end delete begin insert recommend continuing or terminating end insert the limited
conservatorship.

(d) The court investigator may personally visit the conservator
and other persons as may be necessary to determine if the present
conservator is acting in the best interests of the conservatee.

(e) The report required by this section shall be confidential and
shall be made available only to parties, persons described in
subdivision (b), persons given notice of the petition who have
requested the report or who have appeared in the proceeding, their
attorneys, and the court. The court shall have discretion at any
other time to release the report if it would serve the interests of
the conservatee. The clerk of the court shall limit disclosure of the
report exclusively to persons entitled to the report under this
section.

(f) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by
Chapter 493 of the Statutes begin insert of end insert 2006 until the Legislature makes an
appropriation identified for this purpose.

SEC. 12.  

Section 1910 of the Probate Code is amended to read:

1910.  

(a) If the court determines the conservatee is incapable
of communicating, with or without reasonable accommodations,
a desire to participate in the voting process, the court shall by order
disqualify the conservatee from voting pursuant to Section 2208
or 2209 of the Elections Code.

(b) The conservatee shall not be disqualified from voting on the
basis that he or she does, or would need to do, any of the following
to complete an affidavit of voter registration:

(1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.

(2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.

(3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.

(4) Completes the affidavit of voter registration with reasonable
accommodations.

SEC. 13.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act implements a federal law or
regulation and results only in costs mandated by the federal
government, within the meaning of Section 17556 of the
Government Code.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.