BILL NUMBER: SB 999	CHAPTERED
	BILL TEXT

	CHAPTER   671
	FILED WITH SECRETARY OF STATE   OCTOBER 6, 1997
	APPROVED BY GOVERNOR   OCTOBER 3, 1997
	PASSED THE SENATE   SEPTEMBER 5, 1997
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1997
	AMENDED IN ASSEMBLY   JULY 10, 1997
	AMENDED IN SENATE   MAY 29, 1997
	AMENDED IN SENATE   APRIL 21, 1997
	AMENDED IN SENATE   MARCH 31, 1997

INTRODUCED BY  Senator Maddy

                        FEBRUARY 27, 1997

   An act to amend Section 1430 of the Code of Civil Procedure,
relating to escheat, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 999, Maddy.  Escheat claims.
   Existing law provides for the escheat of property to the state.
Existing law requires all property, that escheats to the state,
except permanently escheated property, to be deposited, as specified,
in the Unclaimed Property Fund, which is continuously appropriated
for specified purposes.  Existing law establishes procedures for
submitting a claim for property that has escheated. Existing law
requires the Attorney General to commence actions to have title to
escheated property permanently transferred to the state.
   This bill would provide that a named beneficiary of property that
escheats or a blood relative of the beneficiary may claim, for
payment, as specified, property that has been adjudged to belong to
the state within 5 years after entry of that judgment, except as
specified.  By authorizing additional claims against the Unclaimed
Property Fund, this bill would create an appropriation.
   Appropriation:  yes.


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


  SECTION 1.  Section 1430 of the Code of Civil Procedure is amended
to read:
   1430.  (a) Upon the expiration of five years after the date of
entry of judgment in any proceeding pursuant to this chapter, or upon
the expiration of five years after completion of notice by
publication in an escheat action taken pursuant to Section 1415, the
property covered by that proceeding or action shall permanently
escheat to the state, except as provided in subdivision (b).
   (b) Infants and persons of unsound mind shall have the right to
appear and claim such property as provided in this title if born
before the expiration of the five-year period; but it shall be
presumed that there are no infants nor persons of unsound mind who
are or will be entitled to claim this property unless and until they
appear and claim the property as provided in this title.  This
presumption shall be conclusive in favor of any purchaser in good
faith and for a valuable consideration from the state and everyone
subsequently claiming under him or her, saving however, to infants
and persons of unsound mind the right of recourse to the proceeds of
any sale or other disposition of any such property by the state and
as herein provided.
   (c) Except as otherwise provided in this subdivision, a named
beneficiary of property that escheats pursuant to this title or, if
the beneficiary is deceased or a court renders a judgment that the
beneficiary is dead, a blood relative of the named beneficiary may
claim property described in subdivision (a) at any time within five
years after the date of entry of judgment in any proceeding under
this chapter.  The named beneficiary or, if a court has rendered a
judgment that the named beneficiary is dead, the blood relative of
the named beneficiary shall be entitled to immediate payment upon
this claim.  If a court has not rendered a judgment that the named
beneficiary is dead, payment of the claim of a blood relative of the
named beneficiary shall be made on the day before the expiration of
the five-year period described in this section.  This subdivision
shall not apply to authorize a claim by any person, including any
issue or blood relative of that person, whose interest or inheritance
was specifically restricted or barred by a provision in the donating
or transferring instrument.