BILL NUMBER: AB 1407	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2015

INTRODUCED BY   Assembly Member Atkins

                        FEBRUARY 27, 2015

   An act to  amend Section 2104 of   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:  dissolution:
declaration of disclosure.   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 additionally authorize a court, during the
pendency of specified proceedings, or in a judgment entered in those
specified proceedings, to issue an order requiring a wireless
telephone service provider to transfer the billing responsibility and
rights to a wireless telephone number or numbers to a petitioner.
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 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. 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.  
   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.  
   Existing law requires each party to a proceeding for dissolution
of marriage or legal separation of the parties to serve on the other
party a preliminary declaration of disclosure of assets, as
specified, either concurrently with the petition for dissolution, or
within 60 days of filing the petition.  
   This bill would clarify that the petitioner is required to serve
the preliminary declaration of disclosure either concurrently with
the petition for dissolution or legal separation or within 60 days of
filing the petition. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) 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) 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) 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 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 order to ensure that the petitioner can maintain an
existing wireless telephone number, and the wireless numbers of any
minor children in the care of the petitioner, the court may issue an
order 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 a wireless telephone service provider to
transfer the billing responsibility and rights to the wireless
telephone number or numbers to the petitioner, if the petitioner is
not the accountholder.
   (b) The order transferring billing responsibility for and rights
to the wireless telephone number or numbers to a petitioner 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 of the person to whom the telephone
number or numbers will be transferred, and each telephone number to
be transferred to that person.
   (c) Upon transfer of billing responsibility for and rights to a
wireless telephone number pursuant to subdivision (a) 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.
   (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 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). 
   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.  
  SECTION 1.    Section 2104 of the Family Code is
amended to read:
   2104.  (a) Except by court order for good cause, as provided in
Section 2107, in the time period set forth in subdivision (f), each
party shall serve on the other party a preliminary declaration of
disclosure, executed under penalty of perjury on a form prescribed by
the Judicial Council. The commission of perjury on the preliminary
declaration of disclosure may be grounds for setting aside the
judgment, or any part or parts thereof, pursuant to Chapter 10
(commencing with Section 2120), in addition to any and all other
remedies, civil or criminal, that otherwise are available under law
for the commission of perjury. The preliminary declaration of
disclosure shall include all tax returns filed by the declarant
within the two years prior to the date that the party served the
declaration.
   (b) The preliminary declaration of disclosure shall not be filed
with the court, except on court order. However, the parties shall
file proof of service of the preliminary declaration of disclosure
with the court.
   (c) The preliminary declaration of disclosure shall set forth with
sufficient particularity, that a person of reasonable and ordinary
intelligence can ascertain, all of the following:
   (1) The identity of all assets in which the declarant has or may
have an interest and all liabilities for which the declarant is or
may be liable, regardless of the characterization of the asset or
liability as community, quasi-community, or separate.
   (2) The declarant's percentage of ownership in each asset and
percentage of obligation for each liability where property is not
solely owned by one or both of the parties. The preliminary
declaration may also set forth the declarant's characterization of
each asset or liability.
   (d) A declarant may amend his or her preliminary declaration of
disclosure without leave of the court. Proof of service of any
amendment shall be filed with the court.
   (e) Along with the preliminary declaration of disclosure, each
party shall provide the other party with a completed income and
expense declaration unless an income and expense declaration has
already been provided and is current and valid.
   (f) The petitioner shall serve the other party with the
preliminary declaration of disclosure either concurrently with the
petition for dissolution or legal separation, or within 60 days of
filing the petition. The respondent shall serve the other party with
the preliminary declaration of disclosure either concurrently with
the response to the petition, or within 60 days of filing the
response. The time periods specified in this subdivision may be
extended by written agreement of the parties or by court order.