BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 917|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: SB 917
Author: Jackson (D)
Amended: 5/31/16
Vote: 21
SENATE JUDICIARY COMMITTEE: 6-0, 4/12/16
AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Family law: court orders
SOURCE: Author
DIGEST: This bill, beginning July 1, 2017, requires the court,
within two days after the conclusion of any family law hearing,
to provide the parties with a detailed, official order setting
forth the basic terms of any orders made at that hearing, and
additionally requires the Judicial Council to adopt a rule of
court and any forms necessary to implement the provisions of
this bill by January 1, 2018.
ANALYSIS:
Existing law:
1)Authorizes a court to prepare an order after a hearing and
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serve copies on the parties or their attorneys or order a
party to prepare an order. (Cal. Rules of Court, rule 5.125.)
2)Provides timelines and procedures for the preparation and
service of orders, but allows courts to modify those timelines
or procedures when appropriate to the case. (Cal. Rules of
Court, rule 5.125.)
This bill:
1)Requires the court, within two days after the conclusion of a
hearing under the Family Code, to provide each party present
at the hearing with a detailed, official order setting forth
the basic terms of any orders that were made at the hearing.
2)Does not require the court to prepare or provide a judgment of
dissolution, legal separation, nullity, or parentage.
3)Does not preclude the court from requiring parties to submit
orders, or from accepting proposed orders or stipulations for
orders from the parties or counsel at the time of the hearing.
4)Allows the court to permit parties or counsel to submit more
detailed orders after the hearing.
5)Requires, on or before July 1, 2018, the Judicial Council to
adopt a rule of court or any forms necessary to implement this
bill.
Background
Family law affects many critical and deeply personal aspects of
a person's life including child custody, personal safety, the
amount of child and spousal support one person will receive and
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the other will pay, and how assets will be divided between
separating parties. These decisions have significant and
lasting impacts on the lives of the parties involved. The
thousands of cases heard every week in California's family law
courtrooms demonstrate the importance that families place on the
ability of the courts to resolve disputes peacefully and with
finality.
California's family courts have always strived to make effective
use of available resources while still meeting the changing
needs of families. However, while the number of cases filed in
the family law courts have steadily increased, the resources
devoted to processing and hearing those cases have not. In
2010, the Elkins Family Law Task Force conducted a comprehensive
review of family law proceedings and published a report that
included a number of recommendations to the Judicial Council of
California, aimed at increasing access to justice for all family
law litigants, ensuring fairness and due process, and providing
for more effective and consistent family law rule, policies, and
procedures.
Implementation of the recommendations has been less than uniform
for a number of reasons, but has stalled in large part because
of the budget cutbacks resulting from California's recession. In
most counties, courts have attempted to distribute the impact of
the budget cuts by reducing funding across the board. In no
area have the cuts been felt more deeply than in the area of
family law, which has traditionally been underfunded and where
the vast majority of litigants are self-represented. Such
self-represented litigants are disproportionately affected by
the lack of resources, especially court reporters. Without a
record, these parties struggle to understand the specifics of
orders, often made verbally in court.
To ensure that litigants have the opportunity and ability to
understand and follow orders made at family law hearings, this
bill requires the court, within two court days after the
conclusion of a hearing, to provide the parties with a detailed,
official order setting forth the basic terms of any orders made
at the hearing. This bill intentionally leaves the method by
which a court may create and distribute these orders to parties
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open, thereby allowing individual counties to adopt appropriate
local practices, and requires the Judicial Council to adopt a
Rule of Court implementing the provisions of the bill and any
necessary forms by January 1, 2018.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee, major costs,
potentially in the millions of dollars (General Fund*) for case
management systems and system upgrades in order to enable the
trial courts to provide a written order at the conclusion of
each family law hearing. Although a few courts provide access to
a copy of orders within one day, it is not known if there are
any courts that currently comply with the requirements specified
in this bill. Given the 58 counties likely employ different
systems for conducting family law proceedings, costs for
compliance could vary widely.
SUPPORT: (Verified5/31/16)
California Partnership to End Domestic Violence
California Protective Parents Association
OPPOSITION: (Verified5/31/16)
None received
ARGUMENTS IN SUPPORT: The California Partnership to End
Domestic Violence writes:
Survivors of domestic violence access family courts for a
range of issues, including restraining orders, custody, and
divorce proceedings. Nationwide, almost 70 percent of victims
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of domestic violence and sexual assault must appear in court
by themselves. Without an attorney to help them navigate
through the often confusing and overwhelming process and
without a written order setting forth the basic terms of any
orders made, victims are left with incomplete information
about their cases, and with limited options. It is essential
for all family court parties - including domestic violence
survivors - to have a written record of orders made during
hearings.
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
5/31/16 21:31:48
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