BILL ANALYSIS �
AB 1522
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1522 (Atkins)
As Amended August 20, 2012
Majority vote
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|ASSEMBLY: |75-0 |(April 12, |SENATE: |38-0 |(August 23, |
| | |2012) | | |2012) |
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Original Committee Reference: JUD.
SUMMARY : Limits awards of attorney's fees, spousal support, and
community property interest in retirement and pension benefits to
individuals convicted of violent sexual felonies against their
spouses. Specifically, this bill provides that, when a spouse is
convicted of a violent sexual felony against the other spouse, as
defined, and a petition for dissolution is filed before five years
following the conviction and time served in custody, on probation or
on parole:
1)No spousal support is permitted from the injured spouse to the
convicted spouse.
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 is not required to pay
any attorney's fees of the convicted spouse out of the injured
spouse's separate property.
3)The injured spouse is entitled to an award of all of the community
property interest in the retirement and pension benefits of the
injured spouse.
4)At the request of the injured spouse, the date of legal separation
is the date of the incident giving rise to the conviction, or
earlier, if the court finds circumstances that justify an earlier
date.
The Senate amendments limit application of the bill's provisions to
five years after conviction and time served, and allow attorney's
fees to be paid to the convicted spouse, but only from community
property, not from the injured spouse's separate property.
EXISTING LAW :
AB 1522
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1)Provides, in addition to any other remedy authorized by law, that
when a spouse is convicted of attempting to murder the other
spouse, or of soliciting the murder of that spouse, the injured
spouse is entitled to all the community property interest in the
retirement and pension benefits of the injured spouse.
2)Provides, in addition to any other remedy, when a spouse is
convicted of attempting to murder the other spouse or of
soliciting the murder of the other spouse, the convicted spouse
shall be prohibited from receiving any temporary or permanent
award of spousal support or medical, life or other insurance
benefits or payments from the injured spouse.
3)Provides that if an injured spouse is entitled to a remedy under
2) above, the injured spouse is entitled to an award of reasonable
attorney's fees and costs as a sanction.
4)Prohibits a person who feloniously and intentionally kills another
from inheriting, either through a will or by intestate succession,
from that person.
5)When determining whether to award spousal support, requires the
court to consider a documented history of domestic violence and a
criminal conviction of an abusive spouse.
6)Creates a rebuttable presumption against an award for temporary or
permanent spousal support to a spouse criminally convicted of
domestic violence against the other spouse within five years of
filing for dissolution of the marriage, or any time thereafter.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version approved by the Senate.
FISCAL EFFECT : None
COMMENTS : This bill arises from a San Diego case in which a woman's
husband was convicted of a felony sexual attack on her and sentenced
to six years in prison. The judge presiding over the couple's
subsequent divorce awarded the husband both spousal support and
attorney's fees because he had stayed home to take care of the
couple's children during the marriage and she had been the primary
income earner. This bill seeks to prevent this from occurring in
the future.
AB 1522
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Existing law provides that when an individual is convicted of the
attempted murder of his or her spouse, or soliciting the murder of
the other spouse, the injured spouse is entitled to an award of all
of the community property interest in the retirement and pension
benefits of the injured spouse. In addition, the convicted spouse
is prohibited from receiving a temporary or permanent award for
spousal support, medical, life or other insurance benefits or
payments from the injured spouse.
When making a determination of spousal support, the court is
required to consider any documented history of domestic violence and
the criminal conviction of an abusive spouse. Additionally, there
is a rebuttable presumption against the temporary or permanent award
of spousal support where there is a criminal conviction for an act
of domestic violence by one spouse against another. However, a
judge still has discretion to award support to a spouse convicted of
abuse. Judges are given broad discretion in the award of spousal
support because of the complexity of the factors to be considered
and the individual circumstances of the parties involved. This bill
removes all discretion for spousal support to the convicted spouse
for any divorce initiated within five years of a conviction of one
spouse for a violent sexual felony against the other spouse, as
defined, and time served in custody, on probation or on parole.
In addition, this bill provides that where economic circumstances
warrant, the court can order the attorney's fees and costs incurred
by the parties to be paid from the community assets. The injured
spouse is not, however, required to pay any attorney's fees of the
convicted spouse out of the injured spouse's separate property. The
injured spouse is also entitled to all of the community property
interest in his or her retirement and pension benefits. Finally, in
these cases, the date of legal separation is the date of the
incident giving rise to the conviction, or earlier, if the court
finds circumstances that justify an earlier date.
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
FN: 0005254