BILL ANALYSIS
AB 2303
Page 1
Date of Hearing: April 4, 2006
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AB 2303 (Judiciary) - As Amended: March 28, 2006
PROPOSED CONSENT
SUBJECT : JUDICIARY: CIVIL OMNIBUS
KEY ISSUE : SHOULD VARIOUS NON-CONTROVERSIAL CHANGES BE MADE TO
THE CALIFORNIA CODES?
SYNOPSIS
This non-controversial bill would make numerous
non-controversial changes in the California Codes. Each year,
the Legislature identifies various non-controversial changes to
statutory law. The annual "Civil Omnibus" bill is the vehicle
for implementing the wholesale corrections.
SUMMARY : Makes non-controversial changes to the codes.
Specifically, this bill :
1)Increases the time for setting hearings for name-change
petitions and applications and provides other procedural
improvements and clarifications.
2)Authorizes electronic submission of notice to appear (NTA)
citations for non-parking Vehicle Code violations; requires
electronic NTA citations to include a digitized signature of
the defendant; and, exempts electronic NTA citations from
existing subscription requirements that apply to the citing
officer.
3)Requires service of papers to be made five days before the
hearing in elder and dependent adult abuse prevention cases.
4)Provides the California Department of Justice with the
statutory authority to adjust the acceptable manner of payment
with regard to charitable fundraisers.
5)Requires every charitable organization to file an initial
registration form, and authorizes the Attorney General to
adopt rules and regulations as to the contents of the initial
AB 2303
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registration form.
6)Declares the intent of the Legislature to make effective
self-help services available to assist self-represented
parties in civil matters in every county.
7)Makes a technical change to the Car Buyer's Bill of Rights.
8)Requires a county board of supervisors to provide independent
counsel to assist either an assessor or sheriff in cases
involving a conflict of interest for matters brought after an
assessor or sheriff leaves office, as long as such coverage
would have been granted if the matter had been discovered
while the official was still in office.
9)Requires paralegals to complete four hours of mandatory
continuing legal education, in legal ethics, every two years.
10)Allows for the right to voluntarily waive preliminary
disclosure in a dissolution of marriage proceeding.
11)Expands the term-limits for California non-profit public
benefit corporations board of directors to four years.
12)Allows a parent, or a party to a custody or visitation
proceeding, to request that the court terminate the
appointment of counsel who was appointed to represent the best
interest of the child; creates a minor's counsel panel; and,
requires private counsel appointed by the court to be entitled
to quasi-judicial immunity.
13)Allows, with regard to adoption and legal guardianship, a
status review to be held earlier than every six months if the
court determines that an earlier review is in the best
interest of the child.
14)Deletes the sunset on the provision authorizing courts to
impose monetary sanctions for jurors who fail to appear
pursuant to a jury summons.
EXISTING LAW :
1)Provides for procedures to petition for the change of a
person's name. (Code of Civil Procedure sections 1275 through
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1279.5.)
2)Allows law enforcement agencies to electronically submit
notice to appear citation forms to the courts. (Penal Code
section 959.1.)
3)Provides for various civil actions in elder and dependent
adult abuse cases. (Welfare and Institutions Code section
15657 et seq.)
4)Regulates fundraisers for charitable purposes via the
"Supervision of Trustees and Fundraisers for Charitable
Purposes Act." (Government Code section 12580 et seq.)
5)Provides consumer protections for purchasers of new and used
vehicles, via the "Car Buyer's Bill of Rights." (Civil Code
section 2982.)
6)Requires a county board of supervisors to provide independent
counsel to assist either an assessor or sheriff in cases
involving a conflict of interest. (Government Code section
31000.6.)
7)Require paralegals to complete four hours of mandatory
continuing legal education, in legal ethics, every three
years. (Business and Professions Code section 6450(d).)
8)Provides various procedures for the dissolution of a marriage.
(Family Code sections 2103-2107.)
9)Stipulates term-limits for California non-profit public
benefit corporations board of directors to be three years.
(Corporations Code section 5220.)
10)Allows a court to appoint private counsel to represent the
interests of the child in a custody or visitation proceeding.
(Family Code section 3150.)
11)Requires, with regard to adoption and legal guardianship, a
status review by the court to be held at least every six
months. (Welfare and Institutions Code section 366.)
12)Sunsets the provision authorizing courts to impose monetary
sanctions for jurors who fail to appear pursuant to a jury
summons. (Code of Civil Procedure section 209.)
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FISCAL EFFECT : As currently in print, this bill is keyed
fiscal.
COMMENTS : Each year, the Legislature identifies various
non-controversial changes to statutory law. The annual "Civil
Omnibus" bill is the vehicle for implementing the wholesale
corrections. For inclusion into the measure, the change must be
non-controversial only and must not have any opposition. Among
the sponsors of the provisions included in the omnibus bill are:
The California Alliance of Paralegal Associations, the
California Attorney General's Office, the California Sierra
Club, the California State Sheriff's Association, the Children's
Advocacy Institute and the Judicial Council of California.
REGISTERED SUPPORT / OPPOSITION :
Support
California Attorney General's Office
Mexican American Legal Defense and Educational Fund
Opposition
None on file.
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334