BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1206
Author: Walters (R)
Amended: 8/6/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 4/24/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 5/21/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Simitian, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Correa, Harman, Runner
ASSEMBLY FLOOR : 76-0, 8/20/12 - See last page for vote
SUBJECT : Child abduction prevention
SOURCE : Bring Abducted Children Home (BACHome)
DIGEST : This bill prohibits parents in a dissolution
proceeding from applying for a passport or replacement
passport for the minor child or children without prior
written consent from the other parent or a court order, and
allows a court to order the freezing of certain assets when
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it issues a protective custody warrant for a child.
Assembly Amendments provide that any order to freeze assets
may be terminated, modified or vacated by the court upon a
finding that the release of assets will not jeopardize the
safety or best interest of a child.
ANALYSIS : Existing law requires, upon application for
dissolution or legal separation, that the summons contain a
temporary restraining order (TRO) restraining both parties
from removing the minor child from the state without the
prior written consent of the other party and an order of
the court. (Family Code Section 2040(a)(1))
This bill adds that in a dissolution proceeding parents are
also restricted from applying for a passport or replacement
passport for the minor child or children without written
consent from the other parent or a court order. It also
provides that a protective custody warrant issued by a
court to secure the recovery of an unlawfully detained or
concealed child may also contain an order to freeze the
California assets, defined as funds held in a California
financial institution, of the party alleged to be in
possession of the child; and provides that any order to
freeze assets may, upon a noticed motion, be terminated,
modified or vacated by a court.
Background
The Synclair-Cannon Act was passed by the California
Legislature in 2002 in response to child abductions by
parents (AB 2441 (Bates), Chapter 856, Statutes of 2002).
The Synclair-Cannon Act took a preventive approach,
requiring courts in custody or visitation proceedings to
consider specified factors indicating a risk of abduction
and to consider implementing specified preventive measures.
Over the past decade, these provisions of existing law
have dictated the standard California courts use to
determine and impose necessary restrictions when a risk of
parental child abduction exists.
International child abductions are challenging to prevent
with state law alone. Accordingly, federal law and
international agreements have attempted to address this
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problem. Despite lawmakers' efforts, parental child
abductions to foreign countries have almost doubled since
2006. The U.S. Department of State received 1,135 new
requests for assistance in the return of 1,621 children to
the U.S. in 2009. (U.S. Department of State, Report on
Compliance with the Hague Convention on the Civil Aspects
of International Child Abduction,
(2010) (accessed April 20, 2012).) According to the
author, in 2011, 60 international abduction cases involving
84 children were opened in Orange County, California alone.
This bill seeks to add protections to existing law to
further prevent international parental child abduction.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, costs
associated with this bill would be minor and absorbable
within existing resources.
SUPPORT : (Verified 5/16/12)
Bring Abducted Children Home (BACHome) (source)
Children's Rights Council of Japan
ARGUMENTS IN SUPPORT : The author writes:
In 2010, the U.S. Department of State reported 2,488
children abducted to other countries from the United
States. In 2011, according to the local district
attorney's office, 60 international abduction cases
involving 84 children were opened in Orange County alone.
While the Synclair-Cannon Act developed an excellent
framework for preventing child abductions, there are many
areas where the law can be strengthened to further deter
international abductions from taking place.
It has been 10 years since the Synclair-Cannon Act was
signed into law and international child abductions
continue to be a major problem in California. The state
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should create more barriers to international abduction by
adding more protections to the Family Code.
ASSEMBLY FLOOR : 76-0, 08/20/12
AYES: Achadjian, Alejo, Allen, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Yamada, John A. P�rez
NO VOTE RECORDED: Ammiano, Furutani, Roger Hern�ndez,
Williams
RJG:m 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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