BILL NUMBER: AB 1522	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN ASSEMBLY  MARCH 26, 2012

INTRODUCED BY   Assembly Member Atkins
   (Principal coauthors: Assembly Members Jeffries and Mitchell)
   (Principal coauthors: Senators Alquist, Anderson, Liu, and Wyland)

   (Coauthors: Assembly Members Block,  Fletcher,  Garrick,
 Harkey,  Hueso, Jones, and Miller)
   (Coauthors: Senators Kehoe  , Strickland,  and Vargas)

                        JANUARY 18, 2012

   An act to amend  Sections 782.5 and 4324  
Section 4320  of  , and to add Section 4324.5 to,  the
Family Code, relating to family law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1522, as amended, Atkins. Family law: monetary awards.
   Existing law provides that, in addition to any other remedy
authorized by law, when a spouse is convicted of attempting to murder
the other spouse or of soliciting the murder of the other spouse,
the injured spouse shall be entitled to 100% of the community
property interest in his or her retirement and pension benefits, and
a prohibition of specified support or insurance benefits from the
injured spouse to the convicted spouse. Existing law defines "injured
spouse" for these purposes.  Further, existing law
authorizes a court to award attorney's fees and costs in the form of
a sanction in these cases.   Under existing law, a
family court is required to consider specified factors in ordering
spousal support, including the   criminal conviction of an
abusive spouse. 
   This bill would expand  these   the above
described  provisions to apply when a spouse is convicted of a
specified violent sexual felony against the other spouse  , and
would require the court to consider the convicted spouse's criminal
conviction for a violent sexual felony  .  The bill would
also require the court to order the attorney's fees and costs to be
paid from the community assets if warranted by economic
circumstances. Under the bill, the injured spouse, as defined, would
not be required to pay any of the convicted   spouse's
attorney's fees out of his or her separate property. The bill would
further define the date of the p   arties' legal separation
as the date of the incident giving rise to the conviction, or earlier
if the court finds that the circumstances justify an earlier date,
for community property purposes.   This bill would also
entitle an injured spouse, subject to exception, to a prohibition of
attorney's fees from the injured spouse to the convicted spouse.

   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.    Section 4320 of the   Family
Code   is amended to read: 
   4320.  In ordering spousal support under this part, the court
shall consider all of the following circumstances:
   (a) The extent to which the earning capacity of each party is
sufficient to maintain the standard of living established during the
marriage, taking into account all of the following:
   (1) The marketable skills of the supported party; the job market
for those skills; the time and expenses required for the supported
party to acquire the appropriate education or training to develop
those skills; and the possible need for retraining or education to
acquire other, more marketable skills or employment.
   (2) The extent to which the supported party's present or future
earning capacity is impaired by periods of unemployment that were
incurred during the marriage to permit the supported party to devote
time to domestic duties.
   (b) The extent to which the supported party contributed to the
attainment of an education, training, a career position, or a license
by the supporting party.
   (c) The ability of the supporting party to pay spousal support,
taking into account the supporting party's earning capacity, earned
and unearned income, assets, and standard of living.
   (d) The needs of each party based on the standard of living
established during the marriage.
   (e) The obligations and assets, including the separate property,
of each party.
   (f) The duration of the marriage.
   (g) The ability of the supported party to engage in gainful
employment without unduly interfering with the interests of dependent
children in the custody of the party.
   (h) The age and health of the parties.
   (i) Documented evidence of any history of domestic violence, as
defined in Section 6211, between the parties, including, but not
limited to, consideration of emotional distress resulting from
domestic violence perpetrated against the supported party by the
supporting party, and consideration of any history of violence
against the supporting party by the supported party.
   (j) The immediate and specific tax consequences to each party.
   (k) The balance of the hardships to each party.
   (  l  ) The goal that the supported party shall be
self-supporting within a reasonable period of time. Except in the
case of a marriage of long duration as described in Section 4336, a
"reasonable period of time" for purposes of this section generally
shall be one-half the length of the marriage. However, nothing in
this section is intended to limit the court's discretion to order
support for a greater or lesser length of time, based on any of the
other factors listed in this section, Section 4336, and the
circumstances of the parties.
   (m) The criminal conviction of an abusive spouse shall be
considered in making a reduction or elimination of a spousal support
award in accordance with Section  4324.5 or  4325.
   (n) Any other factors the court determines are just and equitable.

   SEC. 2.    Section 4324.5 is added to the  
Family Code   , to read:  
   4324.5.  (a) In any proceeding for dissolution of marriage where
there is a criminal conviction for a violent sexual felony
perpetrated by one spouse against the other spouse and the petition
for dissolution is filed before five years following the conviction
and any time served in custody, on probation, or on parole, the
following shall apply:
   (1) An award of spousal support to the convicted spouse from the
injured spouse is prohibited.
   (2) Where economic circumstances warrant, the court shall order
the attorney's fees and costs incurred by the parties to be paid from
the community assets. The injured spouse shall not be required to
pay any attorney's fees of the convicted spouse out of the injured
spouse's separate property.
   (3) The date of legal separation shall be the date of the incident
giving rise to the conviction, or earlier, if the court finds
circumstances that justify an earlier date.
   (4) The injured spouse shall be entitled to 100 percent of the
community property interest in the retirement and pension benefits of
the injured spouse.
   (b) As used in this section, "violent sexual felony" means those
offenses described in paragraphs (3), (4), (5), (11), and (18) of
subdivision (c) of Section 667.5 of the Penal Code.
   (c) As used in this section, "injured spouse" means the spouse who
has been the subject of the violent sexual felony for which the
other spouse was convicted.  
  SECTION 1.    Section 782.5 of the Family Code is
amended to read:
   782.5.  In addition to any other remedy authorized by law, when a
spouse is convicted of attempting to murder the other spouse, as
punishable pursuant to subdivision (a) of Section 664 of the Penal
Code, of soliciting the murder of the other spouse, as punishable
pursuant to subdivision (b) of Section 653f of the Penal Code, or of
a violent sexual felony against the other spouse as defined in
paragraphs (3), (4), (5), (11), (15), with the exception of assault
with intent to commit mayhem, and (18) of subdivision (c) of Section
667.5 of the Penal Code, the injured spouse shall be entitled to an
award to the injured spouse of 100 percent of the community property
interest in the retirement and pension benefits of the injured
spouse.
   As used in this section, "injured spouse" has the same meaning as
defined in Section 4324.  
  SEC. 2.    Section 4324 of the Family Code is
amended to read:
   4324.  (a) In addition to any other remedy authorized by law, when
a spouse is convicted of attempting to murder the other spouse, as
punishable pursuant to subdivision (a) of Section 664 of the Penal
Code, of soliciting the murder of the other spouse, as punishable
pursuant to subdivision (b) of Section 653f of the Penal Code, or of
a violent sexual felony against the other spouse as defined in
paragraphs (3), (4), (5), (11), (15), with the exception of assault
with intent to commit mayhem, and (18) of subdivision (c) of Section
667.5 of the Penal Code, the injured spouse shall be entitled to a
prohibition of any temporary or permanent award for spousal support,
attorney's fees, except as provided in subdivision (c), or medical,
life, or other insurance benefits or payments from the injured spouse
to the convicted spouse.
   (b) As used in this section, "injured spouse" means the spouse who
has been the subject of the attempted murder, the solicitation of
murder, or the violent sexual felony for which the other spouse was
convicted, whether or not actual physical injury occurred.
   (c) A court may, in any hearing regarding child custody,
visitation, or child support, subsequent to the spouse's conviction
as described in subdivision (a), order the injured spouse to pay
attorney's fees, under those extraordinary circumstances where the
interest of justice and the best interests of the child or children
compel that order, if the convicted spouse has already completed the
prison term for which he or she was sentenced. The court shall state
its reasons for the order in writing or on the record.