Enrolled August 31, 2020 Passed IN Senate August 28, 2020 Passed IN Assembly June 15, 2020 Amended IN Assembly June 08, 2020 Amended IN Assembly May 13, 2020 Amended IN Assembly May 05, 2020 Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2517Introduced by Assembly Member GloriaFebruary 19, 2020 An act to add Section 6342.5 to the Family Code, relating to domestic violence. LEGISLATIVE COUNSEL'S DIGESTAB 2517, Gloria. Domestic violence: personal property and liens.Existing law enacts procedures to prevent acts of domestic violence, abuse, and sexual abuse and authorizes a court to issue an ex parte order determining the temporary use, possession, and control of real or personal property of the parties and the payment of any liens or encumbrances coming due during the period the order is in effect. Existing law also authorizes a court to issue orders based on ex parte orders, including the above-described order, after notice and a hearing.This bill would authorize, on and after January 1, 2022, the court to issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period. The bill would authorize the order to include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party and would provide that this finding does not affect the priority of any lien or other security interest. The bill would require the Judicial Council to adopt appropriate forms and modify existing forms to effectuate this change.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6342.5 is added to the Family Code, to read:6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest. (c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.(d) This section shall be operative on January 1, 2022.
Enrolled August 31, 2020 Passed IN Senate August 28, 2020 Passed IN Assembly June 15, 2020 Amended IN Assembly June 08, 2020 Amended IN Assembly May 13, 2020 Amended IN Assembly May 05, 2020 Amended IN Assembly May 04, 2020 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2517Introduced by Assembly Member GloriaFebruary 19, 2020 An act to add Section 6342.5 to the Family Code, relating to domestic violence. LEGISLATIVE COUNSEL'S DIGESTAB 2517, Gloria. Domestic violence: personal property and liens.Existing law enacts procedures to prevent acts of domestic violence, abuse, and sexual abuse and authorizes a court to issue an ex parte order determining the temporary use, possession, and control of real or personal property of the parties and the payment of any liens or encumbrances coming due during the period the order is in effect. Existing law also authorizes a court to issue orders based on ex parte orders, including the above-described order, after notice and a hearing.This bill would authorize, on and after January 1, 2022, the court to issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period. The bill would authorize the order to include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party and would provide that this finding does not affect the priority of any lien or other security interest. The bill would require the Judicial Council to adopt appropriate forms and modify existing forms to effectuate this change.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Enrolled August 31, 2020 Passed IN Senate August 28, 2020 Passed IN Assembly June 15, 2020 Amended IN Assembly June 08, 2020 Amended IN Assembly May 13, 2020 Amended IN Assembly May 05, 2020 Amended IN Assembly May 04, 2020
Enrolled August 31, 2020
Passed IN Senate August 28, 2020
Passed IN Assembly June 15, 2020
Amended IN Assembly June 08, 2020
Amended IN Assembly May 13, 2020
Amended IN Assembly May 05, 2020
Amended IN Assembly May 04, 2020
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2517
Introduced by Assembly Member GloriaFebruary 19, 2020
Introduced by Assembly Member Gloria
February 19, 2020
An act to add Section 6342.5 to the Family Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2517, Gloria. Domestic violence: personal property and liens.
Existing law enacts procedures to prevent acts of domestic violence, abuse, and sexual abuse and authorizes a court to issue an ex parte order determining the temporary use, possession, and control of real or personal property of the parties and the payment of any liens or encumbrances coming due during the period the order is in effect. Existing law also authorizes a court to issue orders based on ex parte orders, including the above-described order, after notice and a hearing.This bill would authorize, on and after January 1, 2022, the court to issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period. The bill would authorize the order to include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party and would provide that this finding does not affect the priority of any lien or other security interest. The bill would require the Judicial Council to adopt appropriate forms and modify existing forms to effectuate this change.
Existing law enacts procedures to prevent acts of domestic violence, abuse, and sexual abuse and authorizes a court to issue an ex parte order determining the temporary use, possession, and control of real or personal property of the parties and the payment of any liens or encumbrances coming due during the period the order is in effect. Existing law also authorizes a court to issue orders based on ex parte orders, including the above-described order, after notice and a hearing.
This bill would authorize, on and after January 1, 2022, the court to issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period. The bill would authorize the order to include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party and would provide that this finding does not affect the priority of any lien or other security interest. The bill would require the Judicial Council to adopt appropriate forms and modify existing forms to effectuate this change.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 6342.5 is added to the Family Code, to read:6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest. (c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.(d) This section shall be operative on January 1, 2022.
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 6342.5 is added to the Family Code, to read:6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest. (c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.(d) This section shall be operative on January 1, 2022.
SECTION 1. Section 6342.5 is added to the Family Code, to read:
### SECTION 1.
6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest. (c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.(d) This section shall be operative on January 1, 2022.
6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest. (c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.(d) This section shall be operative on January 1, 2022.
6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest. (c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.(d) This section shall be operative on January 1, 2022.
6342.5. (a) After notice and a hearing, the court may issue an order determining the use, possession, and control of real or personal property of the parties during the period the order is in effect and the payment of any liens or encumbrances coming due during that period.
(b) The order described in subdivision (a) may include a finding that specific debts were incurred as the result of domestic violence and without the consent of a party. For purposes of this subdivision, the acts that may support this finding include, but are not limited to, the crimes proscribed by Section 530.5 of the Penal Code. This finding does not affect the priority of any lien or other security interest.
(c) The Judicial Council shall adopt appropriate forms and modify existing forms, as necessary, to effectuate this section.
(d) This section shall be operative on January 1, 2022.