BILL NUMBER: AB 933	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Keeley

                        FEBRUARY 25, 1999

   An act to amend Sections 2554 and 6303 of the Family Code,
relating to domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 933, as introduced, Keeley.  Arbitration: domestic violence.
   Under existing law, in any case where the parties do not agree in
writing to a voluntary division of the community estate, the issues
of the character, value, and division of the community estate may be
submitted by the court to arbitration for resolution, as specified.
   This bill would provide that, if domestic violence between the
parties is alleged or where a protective order, as specified, is in
effect and the party protected by the order or alleging domestic
violence in a written declaration under penalty of perjury so
requests, the arbitrator shall meet with the parties separately and
at separate times.  The bill would also require the court to advise
the parties of this right to separate arbitration meetings. Because
this bill would expand the crime of perjury it would impose a
state-mandated local program.
   Existing law authorizes a party, who is protected by a protective
order relating to alleged domestic violence, to be accompanied by a
support person during any mediation orientation or session held
pursuant to specified family law proceedings.
   This bill would expand that authorization to any arbitration
orientation or session held pursuant to those proceedings.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 2554 of the Family Code is amended to read:
   2554.  (a) Notwithstanding any other provision of this division,
in any case in which the parties do not agree in writing to a
voluntary division of the community estate of the parties, the issue
of the character, the value, and the division of the community estate
may be submitted by the court to arbitration for resolution pursuant
to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part
3 of the Code of Civil Procedure, if the total value of the community
and quasi-community property in controversy in the opinion of the
court does not exceed fifty thousand dollars ($50,000).  The decision
of the court regarding the value of the community and
quasi-community property for purposes of this section is not
appealable.
   (b) The court may submit the matter to arbitration at any time it
believes the parties are unable to agree upon a division of the
property.  
   (c) If the court submits the matter to arbitration in a case in
which domestic violence between the parties is alleged, or where a
protective order as defined in Section 6218 is in effect, at the
request of the party protected by the order or alleging domestic
violence in a written declaration under penalty of perjury, the
appointed arbitrator shall meet with the parties separately and at
separate times.  The court shall advise the parties of their rights
pursuant to this subdivision at the time it submits the matter to
arbitration. 
  SEC. 2.  Section 6303 of the Family Code is amended to read:
   6303.  (a) It is the function of a support person to provide moral
and emotional support for a person who alleges he or she is a victim
of domestic violence.  The person who alleges that he or she is a
victim of domestic violence may select any individual to act as a
support person.  No certification, training, or other special
qualification is required for an individual to act as a support
person.  The support person shall assist the person in feeling more
confident that he or she will not be injured or threatened by the
other party during the proceedings where the person and the other
party must be present in close proximity.  The support person is not
present as a legal adviser and shall not give legal advice.
   (b) A support person shall be permitted to accompany either party
to any proceeding to obtain a protective order, as defined in Section
6218.  Where the party is not represented by an attorney, the
support person may sit with the party at the table that is generally
reserved for the party and the party's attorney.
   (c) Notwithstanding any other provision of law to the contrary, if
a court has issued a protective order, a support person shall be
permitted to accompany a party protected by the order during any
mediation orientation or mediation session, including separate
mediation sessions,  or any arbitration orientation or session,
including separate arbitration sessions,  held pursuant to a
proceeding described in Section 3021.  The agency charged with
providing family court services shall advise the party protected by
the order of the right to have a support person during mediation 
or arbitration  . A mediator  or arbitrator  may
exclude a support person from a mediation  or arbitration 
session if the support person participates in the  mediation
 session, or acts as an advocate, or the presence of a
particular support person is disruptive or disrupts the process of
mediation  or arbitration  .  The presence of the support
person does not waive the confidentiality of the mediation  or
arbitration  , and the support person is bound by the
confidentiality of the mediation  or arbitration  .
   (d) In a proceeding subject to this section, a support person
shall be permitted to accompany a party in court where there are
allegations or threats of domestic violence and, where the party is
not represented by an attorney, may sit with the party at the table
that is generally reserved for the party and the party's attorney.
   (e) Nothing in this section precludes a court from exercising its
discretion to remove a person from the courtroom when it would be in
the interest of justice to do so, or when the court believes the
person is prompting, swaying, or influencing the party protected by
the order.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.