BILL ANALYSIS                                                                                                                                                                                                    



                                                             


 ------------------------------------------------------------ 
|SENATE RULES COMMITTEE            |                   AB 933|
|Office of Senate Floor Analyses   |                         |
|1020 N Street, Suite 524          |                         |
|(916) 445-6614         Fax: (916) |                         |
|327-4478                          |                         |
 ------------------------------------------------------------ 
  
                              
                          CONSENT
                              

Bill No:  AB 933
Author:   Keeley (D)
Amended:  8/16/99 in Senate
Vote:     21

  
  SENATE JUDICIARY COMMITTEE  :  9-0, 7/13/99
AYES:  Burton, Escutia, Haynes, Morrow, O'Connell, Peace,  
  Sher, Wright, Schiff

  ASSEMBLY FLOOR  :  76-0, 5/24/99 - See last page for vote
 

  SUBJECT  :    Arbitration of community property division:   
domestic
            violence

  SOURCE  :     Author

 
  DIGEST  :   This bill prohibits the court from submitting  
property issues in family law cases to mediation or  
arbitration if domestic violence is alleged to have  
occurred between the parties or a protective order is in  
effect, unless the arbitrator has had proper training, the  
arbitration would take place in the courthouse or where  
there is adequate security, the safety of the parties,  
attorneys and the arbitrator are safeguarded, and the  
arbitrator could terminate the arbitration at any time he  
or she determines that the safety of any participant is  
threatened.

  ANALYSIS  :   This bill is being sponsored by the California  
Alliance Against Domestic Violence to ensure that  
                                                 CONTINUED





                                                      AB 933
                                                       Page  
2

safeguards are enacted to protect against violence during  
arbitration of community property division disputes, and to  
allow a support person to accompany a domestic violence  
victim to such an arbitration proceeding.

Changes to existing law:

Existing law authorizes the court to submit a family law  
case to arbitration if the parties are not able to agree in  
writing to a voluntary division of the community estate,  
and the property in controversy does not exceed, in the  
opinion of the court, $50,000.  The arbitration is intended  
to resolve issues of the character, value, and/or division  
of the property.

Existing law also allows the court to submit the matter to  
arbitration at anytime it believes the parties are unable  
to agree upon a division of the property.

This bill would prohibit the submission of such a case to  
arbitration, if domestic violence is alleged to have  
occurred between the parties or a protective order is in  
effect, unless:

1.The arbitrator has had at least 12 hours of training in  
  domestic violence, with annual update training of 2 hours  
  every year; and

2.The arbitration would take place in the courthouse or  
  other location where there would be adequate security;  
  and

3.The court makes whatever orders are necessary to  
  safeguard the safety of the parties, the attorneys, and  
  the arbitrator;

4.The arbitrator could terminate the arbitration session at  
  any time he or she determines that the safety of any of  
  the participants is threatened, and refer the matter back  
  to court.

The bill would further authorize a party who is protected  
by an order related to domestic violence, to be accompanied  
by a support person at such arbitration proceeding.







                                                      AB 933
                                                       Page  
3


  FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
Local:  No


  SUPPORT  :   (Verified  8/16/99)

California Alliance Against Domestic Violence (source)
The Riley Center/Emergency Center
Family Law Section of the State Bar
California Dispute Resolution Council
Sheriff-Coroner of the County of Santa Cruz


  ASSEMBLY FLOOR  :  76-0, 5/24/99
AYES:  Aanestad, Ackerman, Alquist, Aroner, Ashburn,  
  Baldwin, Bates, Battin, Baugh, Bock, Brewer, Briggs,  
  Calderon, Cardenas, Cardoza, Cedillo, Corbett, Correa,  
  Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra, Florez,  
  Floyd, Frusetta, Gallegos, Granlund, Havice, Hertzberg,  
  Honda, House, Jackson, Kaloogian, Keeley, Knox, Kuehl,  
  Leach, Lempert, Leonard, Longville, Lowenthal, Machado,  
  Maddox, Maldonado, Margett, Mazzoni, McClintock, Migden,  
  Nakano, Olberg, Oller, Robert Pacheco, Rod Pacheco,  
  Pescetti, Reyes, Romero, Runner, Scott, Shelley, Soto,  
  Steinberg, Strickland, Strom-Martin, Thompson, Torlakson,  
  Vincent, Washington, Wayne, Wesson, Wiggins, Wildman,  
  Wright, Zettel, Villaraigosa
NOT VOTING:  Campbell, Firebaugh, Papan, Thomson


RJG:jk  8/16/99   Senate Floor Analyses 

               SUPPORT/OPPOSITION:  SEE ABOVE

                      ****  END  ****