BILL NUMBER: SB 1015 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2006
AMENDED IN ASSEMBLY APRIL 17, 2006
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, and declaring the urgency thereof, to take
effect immediately.
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 revise those provisions to include documents
listing or identifying the parties' income or expenses, permit
specified portions of those records to be redacted, subject to a
finding by the court, and make related changes. The
This bill would additionally require the court, upon
request of a party, to redact the social security number, residence
address, and certain financial information of a party, as specified.
This bill would require the Judicial Council to adopt rules
governing procedures for redacting and restoring those records. This
bill would make legislative findings and declarations relating to
dissolution of marriage and financial information.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. 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 databases, 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) Notwithstanding any other provision of law and
except as described in subdivision (d) , upon request by a
party to a proceeding for dissolution of marriage, nullity of
marriage, or legal separation, the court shall order redacted the
specified portion of a pleading filed with the court 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, if the court expressly finds facts that establish all of
the following:
(1) There exists an overriding interest that overcomes the public'
s right of access to public records.
(2) The overriding interest supports redaction of the pleading or
portion of a pleading.
(3) A substantial probability exists that the overriding interest
will be prejudiced if the pleading is not redacted.
(4) The proposed redaction is narrowly tailored.
(5) No less restrictive means exist to achieve the overriding
interest.
(b) In making the determination described in subdivision (a), the
court shall balance a particularized showing of the public interest
in open access to judicial proceedings against the asserted privacy
rights of spouses, children, and other interested parties.
(c) Subject Except as described in
subdivision (d) and 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 under this
section shall be made by noticed motion. Nothing redacted pursuant to
this section may be restored except upon petition to the court and a
showing of good cause.
(d) Upon the request of a party, the court shall order
redacted from a pleading all of the following information regarding a
party to the proceeding:
(1) A social security number.
(2) The address of a residence.
(3) The name on, and account number and balance of, a bank
account, brokerage account, or an account at any other financial
institution.
(4) Annual salary or income.
(5) Net worth.
(e) Commencing not later than July 1, 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,
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 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.
(e)
(f) For purposes of this section, "pleading" means a
document filed with the court that sets forth or declares the assets,
liabilities, income, or expenses of one or both of the parties,
including, but not limited to, a marital settlement agreement
exhibit, schedule, transcript, or any document incidental to a
declaration or marital settlement agreement that lists or identifies
financial information.
(f)
(g) The party 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 the proof of
service with the request for redaction with the court.
(g)
(h) Nothing in this section precludes a party to a
proceeding described in this section from using any document or
information contained in a pleading redacted pursuant to this section
in any manner that is not otherwise prohibited by law.
(h)
(i) Nothing in this section precludes a law enforcement
or government regulatory agency that is otherwise authorized to
access public records from accessing unredacted pleadings.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
Because of the imminent threat of identity theft posed by current
law and to protect the right of privacy guaranteed by the federal and
state constitutions, with respect to dissolution proceedings, it is
necessary that this act take effect immediately.