The
following bills of interest to the legal community were acted upon
in May:
•AB
171,
by Assemblyman Jim Beall, D-San Jose, which, as amended, would add
wards and conservatees to the categories of persons protected by domestic
violence laws. A May 15 committee hearing was cancelled at the author's
request.
•AB
268,
by Assemblyman Charles Calderon, D-Industry, which would expand the
circumstances under which a witness is deemed unavailable for purposes
of establishing an exception to the hearsay rule. The bill, which
passed the Assembly June 5 of last year by a vote of 77-0, was scheduled
for a Senate committee hearing this month, but it was cancelled at
the author's request.
•AB
926,
by Assemblywoman Noreen Evans, D-Santa Rosa, which, as amended, would
adopt a number of provisions of the Uniform Rules Relating to Discovery
of Electronically Stored Information. The bill, which is backed by
the Judicial Council, Consumer Attorneys of California and California
Defense Counsel, passed the Assembly May 3 by a vote of 70-0 and was
amended in the Senate May 14.
•AB
1158,
by Assemblyman John Benoit, R-Riverside, which, as amended, provides
for videoconferencing so that sick or infirm witnesses may testify
at conditional examinations of witnesses in criminal cases. The bill,
which passed the Assembly last year, passed the Senate May 1 by a
vote of 35-0 and was sent to the Assembly, which concurred in the
Senate amendments the same day. It was signed by the governor May
16 and will take effect Jan. 1.
•AB
1820,
by Assemblywoman Cathleen Galgiani, D-Stockton, which would revise
the formula by which counties are reimbursed for the cost of homicide
trials. The bill passed the Assembly Appropriations Committee May
7 by a vote of 17-0, passed the Assembly May 19 by a vote of 76-0,
and was referred to the Senate Rules Committee.
•AB
1852,
by Assemblyman Kevin Jeffries, R-Murrieta, which would make it an
infraction, rather than a crime, to participate in a sports betting
pool, as long as no one is being paid to "book" bets. The
bill passed the Assembly May 8 by a vote of 65-4 and was referred
to the Senate Committee on Public Safety. As amended in the Senate
May 23, the change would not apply where the amount of the pool is
more than $2,500.
•AB
2095,
by Assemblyman Mike Davis, D-Los Angeles, which would require disclosure
of the identities of persons who advise the governor with respect
to judicial appointments and require members of the State Bar Commission
on Judicial Nominees Evaluation to complete two hours of training
each year "in the areas of fairness and bias in the judicial
appointments process." The bill passed the Assembly Appropriations
Committee May 8 by a vote of 12-5, passed the Assembly May 19 by a
vote of 46-27, and was referred to the Senate Rules Committee.
•AB
2448,
by Assemblyman Michael Feuer, D-West Hollywood, which, as amended,
would revise standards and procedures for granting fee waivers in
civil cases, providing among other things, for a lien against a plaintiff's
recovery for waived fees, if the amount of the settlement or judgment
exceeds $10,000. The bill passed the Assembly May 8 by a vote of 50-25
and was referred to the Senate Judiciary Committee.
•SB
1407,
by Sen. Don Perata, D-Oakland, which would authorize a major court
facilities capital outlay program for the improvement, renovation
and replacement of court facilities. Under SB 1407, up to $5 billion
in lease revenue bonds would be issued to finance approximately 40
court facilities projects. The projects would be selected by the Judicial
Council, and the state bonds would be financed by revenues that would
be generated by raising certain civil and criminal fees and assessments.
The bill passed the Senate Public Safety Committee May 6 by a vote
of 4-1, the Judiciary Committee May 14 by a vote of 3-0, and the Appropriations
Committee May 27 by a vote of 10-0. As amended May 27, the bill would
exempt such facilities from existing law requiring that plans for
the construction or renovation of facilities where persons are detained
be submitted to the Corrections Standards Authority for its recommendations.