California Assembly Bill AB1407 Amended / Bill

 BILL NUMBER: AB 1407AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 22, 2015 AMENDED IN ASSEMBLY APRIL 13, 2015 INTRODUCED BY Assembly Member Atkins  (   Coauthor:   Senator   Pan   )  FEBRUARY 27, 2015 An act to add Part 8 (commencing with Section 296) to Division 2 of the Family Code, relating to family law. LEGISLATIVE COUNSEL'S DIGEST AB 1407, as amended, Atkins. Family law: protective orders: wireless telephone numbers. Existing law authorizes a court to issue an ex parte protective order enjoining a party from engaging in specified acts against another party, including, among other things, threatening or harassing that party. Existing law also authorizes a court to include these protective orders and other orders in a judgment entered in specified proceedings, including, among others, a proceeding for the dissolution of marriage. A violation of these court orders constitutes contempt of court, which is punishable as a misdemeanor. This bill  would  would, commencing July 1, 2016,  additionally authorize a court, during the pendency of specified proceedings, or in a judgment entered in those specified proceedings, to issue an order  requiring   directing  a wireless telephone service provider to transfer the billing responsibility and rights to a wireless telephone number or numbers to a  petitioner.   requesting party.  The bill would require that order to be a separate order directed to the wireless telephone service provider that lists the name and billing telephone number of the accountholder, the name  and contact information  of the person to whom the number or numbers will be transferred, and each number to be transferred to that person. The bill would require, upon transfer of billing responsibility for and rights to a wireless telephone  number, the costs associated with the wireless telephone number to be removed from the respondent's bill and be billed to the petitioner.   number, the requesting party to assume all financial responsibility for the transferred wireless telephone number, monthly service costs, and costs for any mobile device associated with the wireless telephone number.  The bill would prohibit a cause of action against a wireless telephone service provider, its officers, employees, or agents, for actions taken  related to the transfer of billing responsibility and rights to a wireless telephone number or numbers  in accordance with the terms of the court order.  The bill would require the Judicial Council to, on or before July 1, 2016, develop any forms or rules necessary to effectuate these provisions.  By expanding the scope of an existing crime, the 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following:  (a) For many victims of domestic violence, a wireless telephone is their lifeline to the community resources, life-saving services, and support network they need to leave their batterer and abusive environment. For the majority of victims, shelter in a confidential safehouse is a last resort, and, in fact, unnecessary. Victims are going about their lives, working, and taking care of their children, as they are making plans and determining their next steps to safely leave their abuser. Many victims are able to access counseling services and obtain legal assistance, such as securing a restraining order, without entering into a safehouse. For these victims, a wireless telephone serves as a critical tool for making appointments and communicating with their advocates.   (a)   (b)  Allowing a victim of domestic violence to retain the use of an existing wireless telephone number and access to the contacts and other information that may be contained in an existing wireless telephone is important for both the safety and emotional support of the victim. This can be a problem if the domestic violence victim is not the accountholder for the wireless telephone, as only an accountholder has the authority to release the telephone number or numbers contained in the account.  (b)   (c)  According to a Wall Street Journal article, in 2011 just under 71 percent of households had a landline in the home, down from a little more than 96 percent of households 15 years earlier. Cellular telephone ownership among adults reached 89 percent in 2011, up from approximately 36 percent in 1998.  (c)   (d)  When two parties are divorced, for safety reasons, a custodial parent may need to monitor a child's cellular telephone. This practice would be impossible  where   when  the accountholder for the wireless telephone is not the custodial parent. SEC. 2. Part 8 (commencing with Section 296) is added to Division 2 of the Family Code, to read: PART 8. Wireless Telephone Numbers 296. (a)  In  Commencing July 1, 2016, in  order to ensure that the  petitioner   requesting party  can maintain an existing wireless telephone number, and the wireless numbers of any minor children in the care of the  petitioner,   requesting party,  the court may issue an  order   order, after a noticed motion and hearing  during the pendency of a proceeding described in subdivision (f), or include an order in a judgment in a proceeding described in subdivision (f),  requiring   directing  a wireless telephone service provider to transfer the billing responsibility  for  and rights to the wireless telephone number or numbers to the  petitioner,   requesting party,  if the  petitioner   requesting party  is not the accountholder. (b)  (1)    The order transferring billing responsibility for and rights to the wireless telephone number or numbers to a  petitioner   requesting party  shall be a separate order that is directed to the wireless telephone service provider. The order shall list the name and billing telephone number of the accountholder, the name  and contact information  of the person to whom the telephone number or numbers will be transferred, and each telephone number to be transferred to that person.  The court shall ensure that the contact information of the requesting party is not provided to the accountholder in proceedings held pursuant to Division 10 (commencing with Section 6200).   (2) The order shall be served on the wireless service provider's agent for service of process listed with the Secretary of State.   (3) Whenever it is impossible for the wireless service provider to operationally or technically effectuate the order due to certain circumstances, including, but not limited to, any of the following, the wireless service provider shall notify the requesting party within 72 hours of receipt of the order:   (A) When the accountholder has already terminated the account.   (B) When differences in network technology prevent the functionality of a device on the network.   (C) When there are geographic or other limitations on network or service availability.  (c)  (1)    Upon transfer of billing responsibility for and rights to a wireless telephone number to a requesting party  pursuant to subdivision  (a)   (b)  by a wireless telephone service provider, the  costs associated with the wireless telephone number, including, but not limited to, monthly service fees and the cost of a mobile device associated with the wireless telephone number, shall be removed from the respondent's bill and shall be billed to the petitioner. The petitioner shall be responsible for the payment of those costs.   requesting party shall assume all financial responsibility for the transferred wireless telephone number, monthly service costs, and costs for any mobile device associated with the wireless telephone number.   (2) This section shall not preclude a wireless service provider from applying any routine and customary requirements for account establishment to the requesting party as part of this transfer of billing responsibility for a wireless telephone number and any devices attached to that number, including, but not limited to, identification, financial information and customer preferences, except that the wireless service provider shall not charge the requesting party with any initiation or start-up fee.  (d) This section shall not affect the ability of the court to apportion the assets and debts of the parties as provided for in law. (e)  A   No  cause of action shall  not  lie against any wireless telephone service provider, its officers, employees, or agents, for actions taken  that are related to the transfer of the billing responsibility for and rights to the wireless telephone number or numbers  in accordance with the terms of a court order issued pursuant to this section. (f) This section applies to proceedings held pursuant to any of the following: (1) Division 6 (commencing with Section 2000). (2) Division 8 (commencing with Section 3000). (3) Division 10 (commencing with Section 6200).  (g) The Judicial Council shall, on or before July 1, 2016, develop any forms or rules necessary to effectuate this section.  SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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 XIII B of the California Constitution.