BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 2303 (Judiciary Committee)
          As Amended May 26, 2006
          Majority vote 

           JUDICIARY           9-0         APPROPRIATIONS                  
                                             (vote not available)
           ----------------------------------------------------------------- 
          |Ayes:|Jones, Harman, Evans,     |     |                          |
          |     |Haynes, Laird, Leslie,    |     |                          |
          |     |Levine, Lieber, Monta?ez  |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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  
            registration form.

          6)Requires all funds allocated for services to assist  
            self-represented parties to be expended so as to provide  
            services in all types of civil actions and proceedings in each  
            superior court and requires these services to be provided in  








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            languages other than English, where appropriate.

          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.  

          2)Allows law enforcement agencies to electronically submit  
            notice to appear citation forms to the courts.  








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          3)Provides for various civil actions in elder and dependent  
            adult abuse cases.  

          4)Regulates fundraisers for charitable purposes via the  
            Supervision of Trustees and Fundraisers for Charitable  
            Purposes Act.  

          5)Provides consumer protections for purchasers of new and used  
            vehicles, via the Car Buyer's Bill of Rights.  

          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.  

          7)Require paralegals to complete four hours of mandatory  
            continuing legal education, in legal ethics, every three  
            years.  

          8)Provides various procedures for the dissolution of a marriage.  
             

          9)Stipulates term-limits for California non-profit public  
            benefit corporations board of directors to be three years.  

          10)Allows a court to appoint private counsel to represent the  
            interests of the child in a custody or visitation proceeding.   


          11)Requires, with regard to adoption and legal guardianship, a  
            status review by the court to be held at least every six  
            months.  

          12)Sunsets the provision authorizing courts to impose monetary  
            sanctions for jurors who fail to appear pursuant to a jury  
            summons.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, negligible fiscal impact.

           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  








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          non-controversial only and must not have any opposition.  Among  
          the sponsors of the provisions included in the Omnibus bill are:  
           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.


           Analysis Prepared by  :    Manuel Valencia / JUD. / (916) 319-2334  


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