Dave Min
- Democratic
- Senator
- District 37
Author
Existing law regulates various practices related to debt, including its sale and collection. Existing law provides for various private rights of action, including for a patient against a psychotherapist for sexual contact, as defined and specified, a peace officer against an individual who has filed a false complaint with the officer's employing agency, as specified, and a person against another for sexual harassment, as defined and specified. This bill would require a claimant, upon receipt from the debtor of adequate documentation AND a sworn written statement that some or all of the debt being collected is coerced debt, to cease collection activities until the claimant completes a review, as defined and specified. The bill would also prohibit a person from causing another person to incur a coerced debt, and would make a person who causes another person to incur a coerced debt civilly liable to the claimant, as specified. The bill would also create a right of action that would allow a debtor to bring an action or file a cross-complaint against a claimant to establish that a particular debt, or portion thereof, is coerced debt, as specified. If a debtor establishes that a particular debt, or portion thereof, is coerced debt, the bill (1) would entitle that debtor to specified relief, including an injunction prohibiting the claimant from holding or attempting to hold the debtor personally liable on the particular debt, or portion thereof, that is coerced debt, or from enforcing a judgment related to the particular debt, or portion thereof, that is coerced debt against the debtor, and (2) would require the court to issue a judgment in favor of the claimant against any person who coerced the debtor into incurring the debt, as specified. The bill would apply only to debts incurred on or after July 1, 2023, except as specified. The bill would declare that its provisions are severable. The bill would define various terms for these purposes. This bill would require a sworn written certification to be declared under penalty of perjury. By expanding the scope of a crime, this bill would impose a state-mandated local program. 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 for a specified reason.
Chaptered by Secretary of State. Chapter 989, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 3:30 p.m.
Read third time. Passed. Ordered to the Senate.
Assembly amendments concurred in. (Ayes 31. Noes 8. Page 5326.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 12. Noes 3.) (August 11).
August 3 set for first hearing. Placed on suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (June 28).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
June 21 hearing postponed by committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 26. Noes 8. Page 3884.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3777.) (May 19).
Set for hearing May 19.
May 16 hearing: Placed on APPR suspense file.
Set for hearing May 16.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 3513.) (April 26).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
April 19 set for first hearing canceled at the request of author.
Set for hearing April 26.
Set for hearing April 19.
From printer.
Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB975 | HTML |
| 02/10/22 - Introduced | |
| 04/18/22 - Amended Senate | |
| 05/02/22 - Amended Senate | |
| 05/19/22 - Amended Senate | |
| 06/16/22 - Amended Assembly | |
| 06/23/22 - Amended Assembly | |
| 06/30/22 - Amended Assembly | |
| 08/15/22 - Amended Assembly | |
| 08/24/22 - Amended Assembly | |
| 09/01/22 - Enrolled | |
| 09/30/22 - Chaptered |
| Document | Format |
|---|---|
| 04/22/22- Senate Judiciary | |
| 05/13/22- Senate Appropriations | |
| 05/19/22- Senate Appropriations | |
| 05/23/22- Sen. Floor Analyses | |
| 06/24/22- Assembly Judiciary | |
| 08/01/22- Assembly Appropriations | |
| 08/17/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/24/22- ASSEMBLY FLOOR ANALYSIS | |
| 08/30/22- Sen. Floor Analyses |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.