BILL NUMBER: SB 449	CHAPTERED
	BILL TEXT

	CHAPTER   13
	FILED WITH SECRETARY OF STATE   MAY 23, 1997
	APPROVED BY GOVERNOR   MAY 23, 1997
	PASSED THE ASSEMBLY   MAY 15, 1997
	PASSED THE SENATE   APRIL 10, 1997
	AMENDED IN SENATE   APRIL 7, 1997

INTRODUCED BY  Senator Sher

                        FEBRUARY 19, 1997

   An act to amend Section 377.60 of the Code of Civil Procedure,
relating to wrongful death, and declaring the urgency thereof, to
take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 449, Sher.  Wrongful death:  standing to sue.
   Existing law provides for the standing of parties in actions for
wrongful death, as specified.
   This bill would state that this existing law applies to any cause
of action arising on or after January 1, 1993, and that the intent of
the Legislature was not to adversely affect the standing of parties
in certain actions for wrongful death.
   This bill would declare that it is to take effect immediately as
an urgency statute.


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


  SECTION 1.  Section 377.60 of the Code of Civil Procedure is
amended to read:
   377.60.  A cause of action for the death of a person caused by the
wrongful act or neglect of another may be asserted by any of the
following persons or by the decedent's personal representative on
their behalf:
   (a) The decedent's surviving spouse, children, and issue of
deceased children, or, if there is no surviving issue of the
decedent, the persons, including the surviving spouse, who would be
entitled to the property of the decedent by intestate succession.
   (b) Whether or not qualified under subdivision (a), if they were
dependent on the decedent, the putative spouse, children of the
putative spouse, stepchildren, or parents.  As used in this
subdivision, "putative spouse" means the surviving spouse of a void
or voidable marriage who is found by the court to have believed in
good faith that the marriage to the decedent was valid.
   (c) A minor, whether or not qualified under subdivision (a) or
(b), if, at the time of the decedent's death, the minor resided for
the previous 180 days in the decedent's household and was dependent
on the decedent for one-half or more of the minor's support.
   (d) This section applies to any cause of action arising on or
after January 1, 1993.
   (e) The addition of this section by Chapter 178 of the Statutes of
1992 was not intended to adversely affect the standing of any party
having standing under prior law, and the standing of parties governed
by that version of this section as added by Chapter 178 of the
Statutes of 1992 shall be the same as specified herein as amended by
Chapter 563 of the Statutes of 1996.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to clarify the intent of the Legislature with respect to
the standing of parties in certain actions for wrongful death, it is
necessary that this act take effect immediately.