BILL NUMBER: SB 285	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Wright

                        FEBRUARY 24, 2009

   An act to  add Section 3553 to the Family Code, relating
to support judgments   add Section 483.013 to the Code
of Civil Procedure, relating to attachment  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 285, as amended, Wright.  Support judgments. 
 Disability benefits: attachment.  
   Existing law provides for spousal, family, and child support under
specified circumstances.  
    Existing law prescribes the procedures to obtain a writ of
attachment and to determine the amount that may be attached. 
    Existing federal law prohibits payments or benefits due to a
disabled veteran, as specified, from being assigned or liable to
attachment, levy, or seizure by or under any legal or equitable
process.
   This bill would provide that benefits awarded to veterans for
service-connected disabilities, as provided, shall  not
 be  employed to determine a person's income in
calculating a support obligation or to satisfy any support obligation
  exempt from the claim of creditors, and shall not be
liable to attachment, levy, or seizure, as provided  .
   This bill would declare the intent of the Legislature to conform
to existing federal law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation to conform to existing federal law that prohibits
payments or benefits due to a veteran, with a service-connected
disability, from being assigned or liable to attachment, levy, or
seizure by or under any legal or equitable process. 
  SEC. 2.    Section 3553 is added to the Family
Code, to read:
   3553.  Federal disability benefits awarded to veterans for
service-connected disabilities pursuant to Chapter 11 of Title 38 of
the United States Code shall not be employed to determine a person's
income in calculating a support obligation or to satisfy any support
obligation. 
   SEC. 2.    Section 483.013 is added to the  
Code of Civil Procedure   , to read:  
   483.013.  Notwithstanding Section 483.010, federal disability
benefits awarded to veterans for service-connected disabilities
pursuant to Chapter 11 of Title 38 of the United States Code shall be
exempt from the claim of creditors, and shall not be liable to
attachment, levy, or seizure by or under any legal or equitable
process whatever, either before or after receipt by the beneficiary.