BILL NUMBER: AB 897 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2015
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 26, 2015
An act to add Section 1297.18 to, and to repeal Article 2
(commencing with Section 1297.351) of Chapter 7 of Title 9.3 of Part
3 of, the Code of Civil Procedure, relating to international
commercial disputes. An act to amend Section 5270.50
of the Welfare and Institutions Code, relating to mental
health.
LEGISLATIVE COUNSEL'S DIGEST
AB 897, as amended, Gonzalez. International commercial
disputes: representation and assistance. Mental
health: involuntary confinement.
Existing law, the Lanterman-Petris-Short Act, provides for the
involuntary detention and treatment of any person with a mental
disorder who, as a result of the mental disorder, is a danger to
others or to himself or herself, or is gravely disabled. Existing law
establishes various requirements with respect to determinations to
be made by a psychiatrist directly responsible for the person's
treatment as to the initial detention for evaluation and treatment,
for various subsequent periods of confinement for treatment, and for
the release of persons subject to the act. Existing law provides that
if certain conditions are satisfied, the professional person in
charge of the facility providing intensive treatment, his or her
designee, and the professional person directly responsible for the
person's treatment shall not be held civilly or criminally liable for
any action by a person released before or at the end of a specified
30-day treatment period.
This bill would extend those immunity provisions to the attorney
or advocate representing the person, the court-appointed commissioner
or referee, the certification review hearing officer, and the peace
officer responsible for the detainment of the person, for any action
by a person released at or before the end of the 30-day treatment
period.
Existing law includes provisions that govern arbitration and
conciliation proceedings for international commercial disputes.
Existing law authorizes the parties in a conciliation proceeding to
appear in person or be represented or assisted by any person of their
choice, and provides that a person representing or assisting a party
is not required to be a member of the legal profession or licensed
to practice law in California.
This bill would recast the provision regarding representation and
assistance of parties, thus making the provision applicable to any
arbitration or conciliation proceeding conducted pursuant to the
statutory provisions that govern arbitration and conciliation of
international commercial disputes. The bill would also express the
intent of the Legislature that those statutory provisions be broadly
construed so as to promote California's interest in becoming a major
center for international commercial arbitration.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5270.50 of the
Welfare and Institutions Code is amended to read:
5270.50. (a) Notwithstanding Section 5113,
if the provisions of Section 5270.35 have been met, the professional
person in charge of the facility providing intensive treatment, his
or her designee, and the professional person directly responsible for
the person's treatment shall not be held civilly or criminally
liable for any action by a person released before or at the end of
30 days the 30-day treatment period
pursuant to this article.
(b) The attorney or advocate representing the person, the
court-appointed commissioner or referee, the certification review
hearing officer conducting the certification review hearing, and the
peace officer responsible for the detainment of the person shall not
be held civilly or criminally liable for any action by a person
released before or at the end of the 30-day treatment period pursuant
to this article.
SECTION 1. (a) The Legislature finds and
declares all of the following:
(1) The statutes governing the arbitration and conciliation of
international commercial disputes were enacted in 1988 to recognize,
support, and promote the benefits of international commercial
arbitration and conciliation in California.
(2) California's robust, internationally oriented economy and
concentration of large companies occupying positions of global
leadership make California an ideal venue for international
commercial arbitration.
(3) The economic benefits of being a center for international
commercial arbitration are substantial, broadly based, and
distributed across both state and municipal levels.
(b) Therefore, it is the intent of the Legislature that the
statutes governing the arbitration and conciliation of international
commercial disputes be broadly construed so as to promote California'
s interest in becoming a major center for international commercial
arbitration.
SEC. 2. Section 1297.18 is added to the Code of
Civil Procedure, to read:
1297.18. In any proceeding or procedure conducted pursuant to
this title, the parties may appear in person or be represented or
assisted by any person of their choice. A person representing or
assisting a party need not be a member of the legal profession or
licensed to practice law in California.
SEC. 3. Article 2 (commencing with Section
1297.351) of Chapter 7 of Title 9.3 of Part 3 of the Code of Civil
Procedure is repealed.