FAMILY LAW and PROBATE

• AB 929 (Rubio) Adds additional factors that a court must consider regarding domestic violence between the parties when deciding whether to order spousal support. This bill requires a court to consider all documented evidence of any history of domestic violence, between the parties or perpetrated by either party against either party’s child, when deciding whether to order spousal support.

An act to amend Section 4320 of the Family Code, relating to spousal support.

• AB 1739 (Chau) This bill clarifies that the “Common Questions” language in the statutory form for a revocable transfer on death (TOD) deed need not be recorded along with the deed portion of the form. This bill is an urgency measure and takes effect immediately upon enactment.

An act to amend Section 5626 of the Probate Code, relating to nonprobate transfers, and declaring the urgency thereof, to take effect immediately.

• AB 1960 (Obernolte) This bill clarifies that “transferee,” for purposes of California’s anti-lapse statute, excludes the transferor’s spouse.

An act to amend Section 21110 of the Probate Code, relating to estates and trusts.

• AB 2044 (Mark Stone) Clarifies the best interests determination for child custody and legislative findings and declarations on child custody, and strengthens the presumption against custody to a perpetrator of domestic violence.

An act to amend Sections 3011, 3020, 3044, and 3100 of the Family Code, and to amend Section 68555 of the Government Code, relating to domestic violence.

• AB 2113 (Obernolte) Provides that a guardianship of the estate may not necessarily terminate on the death of the ward. Specifically, this bill provides that a guardianship of the estate terminates upon the death of the ward, except as otherwise provided by law, including as provided under specific existing law.

An act to amend Section 1600 of the Probate Code, relating to estates and trusts.

• AB 2236 (Maienschein) Provides that a conservatorship may not necessarily terminate on the death of the conservatee. Specifically, this bill provides that a conservatorship terminates upon the death of the conservatee, except as otherwise provided by law.

An act to amend Section 1860 of the Probate Code, relating to conservatorships.

• AB 2274 (Quirk) This bill provides statutory guidance on the rights of parties in a proceeding for marital dissolution or legal separation to petition a court for sole or joint ownership of a community property pet.

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

• AB 2426 (Maienschein) This bill increases the value of a trust that a trustee may terminate without court approval from $40,000 to $50,000.

An act to amend Section 15408 of the Probate Code, relating to trusts.

• AB 2684 (Bloom) Updates and revises the Uniform Parentage Act (UPA).

An act to amend Section 2032.010 of the Code of Civil Procedure, to amend Sections 7541, 7552.5, 7556, 7558, 7604, 7613, 7630, 7635, 7640, 7645, 7646, 7647, 7647.7, 7648, 7649, and 7650 of, to amend the headings of Article 1 (commencing with Section 7630) and Article 1.5 (commencing with Section 7645) of Chapter 4 of Part 3 of Division 12 of, to amend the headings of Chapter 2 (commencing with Section 7550) and Chapter 3 (commencing with Section 7570) of Part 2 of Division 12 of, to amend the heading of Part 2 (commencing with Section 7540) of Division 12 of, to amend, repeal, and add Sections 7570, 7571, 7572, 7573, 7574, 7575, 7576, 7577, 7612, 7644, and 17412 of, to add Sections 7550.5, 7559, 7560, 7562, 7573.5, 7578, 7580, and 7581 to, and to repeal and add Sections 7540, 7550, 7551, 7552, 7554, and 7555 of, the Family Code, and to amend Sections 1635, 1644, 102766, and 102767 of, to amend the heading of Article 4 (commencing with Section 102766) of Chapter 5 of Part 1 of Division 102 of, to amend the heading of Chapter 5 (commencing with Section 102625) of Part 1 of Division 102 of, and to add Sections 1644.1, 1644.2, and 1644.3 to, the Health and Safety Code, relating to parentage.

• AB 2694 (Rubio) Revises notice requirements that must be provided to respondents for certain domestic violence restraining orders.

An act to amend Sections 6300, 6326, and 6340 of the Family Code, relating to protective orders.

• AB 2750 (Obernolte) This bill adds a deceased person’s surviving adult kin and a conservator to the list of persons allowed to obtain a certified copy of a death certificate.

An act to amend Section 103526 of the Health and Safety Code, relating to vital records

• AB 2780 (Bloom) Expands the educational qualifications for vocational counselors appointed in spousal support proceedings.

An act to amend Sections 4058 and 4331 of the Family Code, relating to family law.

• AB 2792 (Calderon) This bill clarifies that a prior finding of severe sexual abuse in the context of a juvenile dependency proceeding constitutes evidence of neglect or cruel treatment for the purposes of a separate proceeding to terminate parental rights.

An act to amend Section 7823 of the Family Code, relating to parent and child relationship.

• AB 3189 (Cooper) Allows minors to consent to medical care for injuries caused by intimate partner violence and imposes a number of requirements on health practitioners who provide care to them.

An act to add Section 6930 to the Family Code, relating to minors.

• AB 3211 (Kalra) Revises the optional organ donation section of the statutory Advance Health Care Directive.

An act to amend Section 4701 of the Probate Code, relating to health care decisions.

• AB 3248 (Committee on Judiciary) Makes technical and non-controversial changes to various child support provisions in the Family Code.

An act to amend Section 1010.6 of the Code of Civil Procedure, and to amend Sections 3901, 5614, and 7643 of, and to repeal and add Section 17311.7 of, the Family Code, relating to civil law.

• SB 273 (Hill) This bill creates additional requirements and court oversight before a minor can marry or establish a domestic partnership.

An act to amend Sections 297.1, 302, 303, 304, 423, 1501, 2210, and 7002 of, and to add Section 298.8 to, the Family Code, and to add Sections 102233 and 102356 to the Health and Safety Code, relating to marriage and domestic partnership.

• SB 909 (Hertzberg) This bill enacts the Uniform Trust Decanting Act, under which a fiduciary of an irrevocable trust may distribute the property of a first trust into a second trust or trusts, without first obtaining the consent of the beneficiaries or approval of the court, subject to certain exceptions.

An act to add Part 9 (commencing with Section 19501) to Division 9 of the Probate Code, relating to trusts.

• SB 931 (Hertzberg) Makes it easier to establish a Lanterman-Petris-Short conservatorship for an inmate at a county jail.

An act to amend Sections 5352 and 5352.5 of the Welfare and Institutions Code, relating to conservatorships.

• SB 1089 (Jackson) This bill clarifies that all protective orders subject to transmittal to the California Law Enforcement Telecommunications System (CLETS) are required to be transmitted.

An act to amend Section 6380 of the Family Code, relating to restraining orders.

• SB 1129 (Monning) This bill prohibits awards of spousal support, attorney fees, and community property interest in retirement benefits to individuals convicted of felony domestic violence against their spouses, and creates a presumption against an award of similar benefits to those spouses convicted of misdemeanor domestic violence.

An act to amend Sections 4324.5 and 4325 of the Family Code, relating to support orders.

• SB 1436 (Portantino) This bill clarifies the limited use of genetic DNA evidence as evidence for establishing parentage for purposes of determining intestate succession and makes that provision gender neutral.

An act to amend Section 6453 of the Probate Code, relating to intestate succession.