Atkins
Author
Existing law provides that, in addition to any other remedy authorized by law, when a spouse is convicted of attempting to murder the other spouse or of soliciting the murder of the other spouse, the injured spouse shall be entitled to 100% of the community property interest in his or her retirement and pension benefits, and a prohibition of specified support or insurance benefits from the injured spouse to the convicted spouse. Existing law defines "injured spouse" for these purposes. Under existing law, a family court is required to consider specified factors in ordering spousal support, including the criminal conviction of an abusive spouse. This bill would expand the above-described provisions to apply when a spouse is convicted of a specified violent sexual felony against the other spouse, and would require the court to consider the convicted spouse's criminal conviction for a violent sexual felony in ordering spousal support, as specified. The bill would also require the court to order the attorney's fees and costs to be paid from the community assets if warranted by economic circumstances. Under the bill, the injured spouse, as defined, would not be required to pay any of the convicted spouse's attorney's fees out of his or her separate property. The bill would further, at the request of the injured spouse, define the date of the parties' legal separation as the date of the incident giving rise to the conviction, or earlier if the court finds that the circumstances justify an earlier date, for community property purposes.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 718, Statutes of 2012.
Enrolled and presented to the Governor at 4:45 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6361.).
Assembly Rule 77 suspended. (Page 6357.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4757.).
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 4. Noes 0.) (July 3).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4334.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 7. Noes 1.) (March 20).
From printer. May be heard in committee February 18.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1522 | HTML |
| 01/18/12 - Introduced | |
| 03/26/12 - Amended Assembly | |
| 08/07/12 - Amended Senate | |
| 08/20/12 - Amended Senate | |
| 08/31/12 - Enrolled | |
| 09/28/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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