California 2017 2017-2018 Regular Session

California Assembly Bill AB2274 Enrolled / Bill

Filed 08/16/2018

                    Enrolled  August 16, 2018 Passed IN  Senate  August 16, 2018 Passed IN  Assembly  May 17, 2018 Amended IN  Assembly  May 10, 2018 Amended IN  Assembly  April 05, 2018 Amended IN  Assembly  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2274Introduced by Assembly Member QuirkFebruary 13, 2018 An act to add Section 2605 to the Family Code, relating to division of community property. LEGISLATIVE COUNSEL'S DIGESTAB 2274, Quirk. Division of community property: pet animals.Existing law generally requires a court in a judgment of dissolution of marriage or judgment of legal separation of the parties to make a property division that equally divides the community estate of the parties, except as otherwise specified.This bill would authorize a court, upon request of a party to proceedings for dissolution of marriage or for legal separation of the parties and notwithstanding other requirements for dividing the community estate of the parties, to assign sole or joint ownership of a community property pet animal taking into consideration the care of the pet animal. The bill would authorize a court, also upon the request of a party, to order a party to care for the pet animal prior to the final determination of ownership.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2605 is added to the Family Code, to read:2605. (a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the courts final determination of ownership of the pet animal.(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.(c) For purposes of this section, the following definitions shall apply:(1) Care includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.(2) Pet animal means any animal that is community property and kept as a household pet.

 Enrolled  August 16, 2018 Passed IN  Senate  August 16, 2018 Passed IN  Assembly  May 17, 2018 Amended IN  Assembly  May 10, 2018 Amended IN  Assembly  April 05, 2018 Amended IN  Assembly  April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2274Introduced by Assembly Member QuirkFebruary 13, 2018 An act to add Section 2605 to the Family Code, relating to division of community property. LEGISLATIVE COUNSEL'S DIGESTAB 2274, Quirk. Division of community property: pet animals.Existing law generally requires a court in a judgment of dissolution of marriage or judgment of legal separation of the parties to make a property division that equally divides the community estate of the parties, except as otherwise specified.This bill would authorize a court, upon request of a party to proceedings for dissolution of marriage or for legal separation of the parties and notwithstanding other requirements for dividing the community estate of the parties, to assign sole or joint ownership of a community property pet animal taking into consideration the care of the pet animal. The bill would authorize a court, also upon the request of a party, to order a party to care for the pet animal prior to the final determination of ownership.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Enrolled  August 16, 2018 Passed IN  Senate  August 16, 2018 Passed IN  Assembly  May 17, 2018 Amended IN  Assembly  May 10, 2018 Amended IN  Assembly  April 05, 2018 Amended IN  Assembly  April 02, 2018

Enrolled  August 16, 2018
Passed IN  Senate  August 16, 2018
Passed IN  Assembly  May 17, 2018
Amended IN  Assembly  May 10, 2018
Amended IN  Assembly  April 05, 2018
Amended IN  Assembly  April 02, 2018

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 2274

Introduced by Assembly Member QuirkFebruary 13, 2018

Introduced by Assembly Member Quirk
February 13, 2018

 An act to add Section 2605 to the Family Code, relating to division of community property. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2274, Quirk. Division of community property: pet animals.

Existing law generally requires a court in a judgment of dissolution of marriage or judgment of legal separation of the parties to make a property division that equally divides the community estate of the parties, except as otherwise specified.This bill would authorize a court, upon request of a party to proceedings for dissolution of marriage or for legal separation of the parties and notwithstanding other requirements for dividing the community estate of the parties, to assign sole or joint ownership of a community property pet animal taking into consideration the care of the pet animal. The bill would authorize a court, also upon the request of a party, to order a party to care for the pet animal prior to the final determination of ownership.

Existing law generally requires a court in a judgment of dissolution of marriage or judgment of legal separation of the parties to make a property division that equally divides the community estate of the parties, except as otherwise specified.

This bill would authorize a court, upon request of a party to proceedings for dissolution of marriage or for legal separation of the parties and notwithstanding other requirements for dividing the community estate of the parties, to assign sole or joint ownership of a community property pet animal taking into consideration the care of the pet animal. The bill would authorize a court, also upon the request of a party, to order a party to care for the pet animal prior to the final determination of ownership.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 2605 is added to the Family Code, to read:2605. (a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the courts final determination of ownership of the pet animal.(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.(c) For purposes of this section, the following definitions shall apply:(1) Care includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.(2) Pet animal means any animal that is community property and kept as a household pet.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 2605 is added to the Family Code, to read:2605. (a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the courts final determination of ownership of the pet animal.(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.(c) For purposes of this section, the following definitions shall apply:(1) Care includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.(2) Pet animal means any animal that is community property and kept as a household pet.

SECTION 1. Section 2605 is added to the Family Code, to read:

### SECTION 1.

2605. (a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the courts final determination of ownership of the pet animal.(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.(c) For purposes of this section, the following definitions shall apply:(1) Care includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.(2) Pet animal means any animal that is community property and kept as a household pet.

2605. (a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the courts final determination of ownership of the pet animal.(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.(c) For purposes of this section, the following definitions shall apply:(1) Care includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.(2) Pet animal means any animal that is community property and kept as a household pet.

2605. (a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the courts final determination of ownership of the pet animal.(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.(c) For purposes of this section, the following definitions shall apply:(1) Care includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.(2) Pet animal means any animal that is community property and kept as a household pet.



2605. (a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the courts final determination of ownership of the pet animal.

(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.

(c) For purposes of this section, the following definitions shall apply:

(1) Care includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.

(2) Pet animal means any animal that is community property and kept as a household pet.