BILL ANALYSIS
AB 2303
Page 1
ASSEMBLY THIRD READING
AB 2303 (Judiciary Committee)
As Amended May 26, 2006
Majority vote
JUDICIARY 9-0 APPROPRIATIONS
(vote not available)
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|Ayes:|Jones, Harman, Evans, | | |
| |Haynes, Laird, Leslie, | | |
| |Levine, Lieber, Monta?ez | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
FN: 0014792