BILL NUMBER: AB 933 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 27, 1999
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 amended, Keeley. Arbitration: domestic violence.
(1) 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, prohibit
submission to arbitration if domestic violence between the
parties is alleged or where a protective order, as specified, is in
effect and , unless 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 .
(2) 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
arbitration proceedings described in (1) above .
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 no . State-mandated local program:
yes no .
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 Notwithstanding
subdivisions (a) and (b), the court shall not submit 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. 6218 is in
effect, unless affirmatively requested by the party making the
allegations of domestic violence or protected by the protective
order.
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 sessions
held pursuant to a proceeding described in Section 3021 or any
arbitration orientation or session held pursuant to Section 2554.
The agency charged with providing family court services, or the
arbitrator, 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 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.