BILL ANALYSIS
AB 2303
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2303 (Judiciary Committee)
As Amended August 28, 2006
Majority vote
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|ASSEMBLY: |80-0 |(May 31, 2006) |SENATE: |38-0 |(August 31, |
| | | | | |2006) |
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Original Committee Reference: JUD.
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)Makes a technical change to the Car Buyer's Bill of Rights.
7)Requires paralegals to complete four hours of mandatory
continuing legal education, in legal ethics, every two years.
AB 2303
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8)Expands the term-limits for California non-profit public
benefit corporations board of directors to four years.
9)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.
10)Extends the sunset on the provision authorizing courts to
impose monetary sanctions for jurors who fail to appear
pursuant to a jury summons to January 1, 2010.
11)Clarifies the time period for service of written notice and
service by mail in seeking a review of a court's determination
on disqualification of a judge. Requires the court to enter a
signed, written order of dismissal after granting a motion to
dismiss on forum inconvenience before an appeal could be
taken.
12)Adds "chief executive officer, controller and chief financial
officer" to the listed corporate officers who may be served.
13)Makes technical changes to current law regarding construction
defects.
14)Allows access to sealed documents for purposes of judicial
disciplinary proceedings.
15)Extends, by three months, the deadline for Merced County
regarding the construction of new court facilities.
The Senate amendments :
1)Extend the sunset on the provision authorizing courts to
impose monetary sanctions for jurors who fail to appear
pursuant to a jury summons to January 1, 2010.
2)Clarify the time period for service of written notice and
service by mail in seeking a review of a court's determination
on disqualification of a judge. Require the court to enter a
signed, written order of dismissal after granting a motion to
dismiss on forum inconvenience before an appeal could be
taken.
AB 2303
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3)Add "chief executive officer, controller and chief financial
officer" to the listed corporate officers who may be served.
4)Make technical and clarifying changes to current law
regarding, among other things, construction defects, the Car
Buyer's Bill of Rights and the institutional review board.
5)Allow access to sealed documents for purposes of judicial
disciplinary proceedings.
6)Add language to avoid the chaptering-out of pending
legislation.
7)Delete provisions that provided for self-representation
funding, the right to a sheriff's independent counsel, the
waiver of preliminary disclosure, and quasi-judicial immunity.
8)Extend, by three months, the deadline for Merced County
regarding the construction of new court facilities.
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.
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
AB 2303
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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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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 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
Children's Advocacy Institute, and the Judicial Council of
California.
Analysis Prepared by : Manuel Valencia / JUD. / (916) 319-2334
FN: 0017379