BILL NUMBER: SB 1015 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 9, 2006
AMENDED IN ASSEMBLY FEBRUARY 16, 2006
AMENDED IN SENATE AUGUST 30, 2005
AMENDED IN SENATE AUGUST 17, 2005
AMENDED IN SENATE AUGUST 15, 2005
AMENDED IN SENATE JULY 1, 2005
INTRODUCED BY Senator Murray
FEBRUARY 22, 2005
An act to amend Section 2024.6 of the Family Code, relating to
dissolution of marriage.
LEGISLATIVE COUNSEL'S DIGEST
SB 1015, as amended, Murray Dissolution of marriage: financial
declarations.
Existing law permits a party to request that documents listing or
identifying the parties' assets and liabilities be sealed in
specified family law proceedings, including dissolution of marriage.
This bill would extend revise those
provisions to include documents listing or identifying the parties'
income or expenses, permit those records to be sealed or
redacted, and make related changes. The bill would require
the Judicial Council to adopt rules governing procedures for
sealing, unsealing, redacting , and
restoring those records.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as
follows:
(a) The fundamental right of privacy protects against unwarranted
intrusion into private financial affairs, including those affairs
disclosed in a dissolution of marriage, nullity of marriage, or legal
separation proceeding.
(b) The law of this state requires any party to a proceeding for
dissolution of marriage, nullity of marriage, or legal separation to
disclose fully in documents that are filed with the court hearing
that proceeding, thereby becoming a matter of public record, detailed
and sensitive financial information, including the nature, extent,
and location of the party's assets, liabilities, income or expenses,
and information, such as social security numbers and bank account
numbers, that can be used to identify and locate the party's assets,
liabilities, income or expenses.
(c) The sensitive financial information that the law compels a
party to a proceeding for dissolution of marriage, nullity of
marriage, or legal separation to disclose into the public record is
subject to use for improper purposes, particularly including but not
limited to, the burgeoning crime of identity theft.
(d) Much of existing law concerning the redaction and sealing of
court records was enacted or otherwise promulgated prior to the
current epidemic of identity theft and the widespread use of
electronic data bases, containing sensitive financial and other
personal information, which data is vulnerable to misuse. Recently
enacted federal legislation protects and guards against the misuse of
personal information, including the risk of child abduction,
stalking, kidnapping, and harassment by third parties. Existing state
law is inadequate to protect these widespread privacy concerns.
(e) Local court rules regarding the disclosure of sensitive
financial information vary from county to county. This act is
intended to provide uniformity with respect thereto.
(f) For these reasons, the Legislature finds that existing law
concerning the redaction and sealing of court records does not
adequately protect the right of privacy in financial and marital
matters to which parties to a proceeding for dissolution of marriage,
nullity of marriage, or legal separation are entitled. It is the
intent of the Legislature to protect more fully their right of
privacy while acknowledging and balancing the public's right of
access to public records and judicial proceedings. Accordingly, in
proceedings for dissolution of marriage, nullity of marriage, or
legal separation, the Legislature finds that unnecessary public
disclosure of financial assets, liabilities, income, expenses and
residential addresses raises a substantial probability of prejudice
to a financial privacy interest that overrides the public's right of
access to court records. The Legislature further finds that the
redaction of documents containing the above information is the least
restrictive means of protecting the financial privacy interest of the
parties while recognizing the public's right of access to court
records.
SEC. 2. Section 2024.6 of the Family
Code is amended to read:
2024.6. (a) Upon Notwithstanding any
other provision of law, upon request by a party to a
petition proceeding for dissolution of marriage,
nullity of marriage, or legal separation, the court shall order
redacted any portion of a pleading that lists the parties'
financial assets and , liabilities
and , income or expenses, or provides
the location of, including a residential address, or
identifying information about , those assets and
, liabilities sealed ,
income, or expenses. Subject to the direction of the court, no more
of any pleading shall be redacted than is necessary to
protect the parties' overriding right to privacy .
The request may be made by ex parte application. Nothing
sealed redacted pursuant to this section may be
unsealed restored except upon petition
to the court and a showing of good cause shown
.
(b) Commencing not later than July 1, 2005
2007 , the Judicial Council form used to declare assets and
liabilities and income and expenses of the parties in a
proceeding for dissolution of marriage, nullity of marriage, or legal
separation of the parties shall require the party filing the form to
state whether the declaration contains identifying information on
the assets and , liabilities ,
income, or expenses listed therein. If the party making the
request pursuant to subdivision (a) uses a
pleading other than the Judicial Council form, the pleading shall
exhibit a notice on the front page, in bold capital letters, that the
pleading lists and or identifies
financial information and is therefore subject to this section.
By the same date, the Judicial Council shall also adopt rules setting
forth the procedures to be used for redacting and restoring
pleadings pursuant to this section .
(c) For purposes of this section, "pleading" means a document that
sets forth or declares the parties' assets
and , liabilities, income and
or expenses , a of one
or both of the parties, including, but not limited to, a
marital settlement agreement that lists and identifies the
parties' assets and liabilities, exhibit, schedule,
transcript, or any document filed with the court
incidental to the a
declaration or marital settlement agreement that lists
and or identifies financial
information.
(d) For purposes of this section and notwithstanding any
other provision of law, a privately compensated temporary judge may
order pleadings redacted pursuant to the provisions of this section.
(e) The party making the request to
seal requesting redaction of a pleading
pursuant to subdivision (a) shall serve a copy of the unredacted
pleading , a proposed redacted pleading and the request
for redaction on the other party or parties to the
proceeding and file a the proof of
service with the request to seal the pleading
for redaction with the court .
(e)
(f) Nothing in this section precludes a party to a
proceeding described in this section from using any document or
information contained in a sealed pleading
redacted pursuant to this section in any manner that is not
otherwise prohibited by law.
(g) Nothing in this section precludes a law enforcement or
government regulatory agency that is otherwise authorized to access
public records from accessing unredacted pleadings.
SECTION 1. The Legislature finds and declares
as follows:
(a) The people have a right of privacy in their financial affairs,
as well as in matters relating to marriage.
(b) The law of this state requires any party to a proceeding for
dissolution of marriage, nullity of marriage, or legal separation to
disclose fully in documents that are filed with the court hearing
that proceeding, thereby becoming a matter of public record, detailed
and sensitive financial information, including the nature, extent,
and location of the party's assets and liabilities and income and
expenses, and information, such as social security numbers and bank
account numbers, that can be used to identify and locate the party's
assets, liabilities, income and expenses.
(c) The sensitive financial information which the law compels a
party to a proceeding for dissolution or nullity of marriage or legal
separation to disclose into the public record is subject to use for
improper purposes, particularly including but not limited to, the
burgeoning crime of identity theft, yet is rarely if ever a matter of
legitimate public interest.
(d) The Legislature also finds that protecting the sensitive
financial information subject to this section will further the prompt
and efficient resolution or settlement of proceedings for the
dissolution or nullity of marriage or legal separation by preventing
or discouraging the disclosure or threatened disclosure of that
information for improper purposes or to secure collateral or unfair
advantages.
(e) Existing law concerning the sealing of court records was not
enacted or otherwise promulgated with consideration of the extensive
financial disclosures required of parties to a proceeding for
dissolution or nullity of marriage, or legal separation. Much of
existing law concerning the sealing of court records was also enacted
or otherwise promulgated prior to the current epidemic of identity
theft and the current widespread use of electronic databases,
containing sensitive financial and other personal information, which
data is vulnerable to misuse. Existing law was enacted prior to the
widespread concern over and federal legislation designed to protect
and guard against, the misuse of personal information and child
abduction.
(f) For these reasons, the Legislature finds that existing law
concerning the sealing of court records does not adequately protect
the right of privacy in financial and marital matters to which
parties to a proceeding for dissolution or nullity of marriage are
entitled. It is the intent of the Legislature to protect more fully
that right of privacy while acknowledging and balancing the public's
right of access to public records and judicial proceedings.
Accordingly, it enacts this act.
SEC. 2. Section 2024.6 of the Family Code is
amended to read:
2024.6. (a) Notwithstanding any other provision of law, upon
request by a party to a proceeding for dissolution of marriage,
nullity of marriage, or legal separation, the court shall order
sealed or redacted any portion of a pleading that lists the parties'
financial assets, liabilities, income or expenses, or provides the
location of, including a residential address, or identifying
information about, those assets, liabilities, income, or expenses.
Subject to the direction of the court, no more of any pleading shall
be sealed or redacted than is necessary to prevent identification or
location of the financial information subject to this section. The
request may be made by ex parte application. Nothing sealed or
redacted pursuant to this section may be unsealed or restored except
upon petition to the court and a showing of good cause.
(b) Commencing not later than____, the Judicial Council form used
to declare assets or liabilities of the parties in a proceeding for
dissolution of marriage, nullity of marriage, or legal separation of
the parties shall require the party filing the form to state whether
the declaration contains identifying information on the assets,
liabilities, income, or expenses listed therein. If the party making
the request set forth in subdivision (a) uses a pleading other than
the Judicial Council form, the pleading shall exhibit a notice on the
front page, in bold capital letters, that the pleading lists or
identifies financial information and is therefore subject to this
section. By the same date, the Judicial Council shall also adopt
rules setting forth the procedures to be used for sealing, unsealing,
redacting, and restoring pleadings pursuant to this section.
(c) For purposes of this section, "pleading" means a document that
sets forth or declares the assets, liabilities, income or expenses
of one or both of the parties, including, but not limited to marital
settlement agreements, exhibits, schedules, transcripts, or any
document incidental to any declaration or marital settlement
agreement that lists or identifies financial information.
(d) For purposes of this section and notwithstanding any other
provision of law, "court" includes a privately compensated judge.
(e) The party making the request pursuant to subdivision (a) shall
serve a copy of the pleading containing financial information
subject to this section on the other party or parties to the
proceeding and file a proof of service with the request.
(f) Nothing in this section precludes a party to a proceeding
described in this section from using any document or information
contained in a pleading sealed or redacted pursuant to this section
in any manner that is not otherwise prohibited by law.