California 2009-2010 Regular Session Status: To Executive

SB 962 — Prisoners: adjudication of parental rights: participation.

Last action — Chaptered by Secretary of State. Chapter 482, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires notice of, and the opportunity for an incarcerated parent to be physically present in, proceedings terminating his or her parental rights or seeking to adjudicate the child of a prisoner a dependent child of the court. These proceedings may not be adjudicated without the physical presence of the parent unless the court receives a knowing waiver from the parent of his or her right to be physically present at the proceedings, or an affidavit signed by a person in charge of the incarcerating institution that the prisoner does not intend to appear at the proceeding. Existing law provides that, for all other kinds of actions not specified above in which an incarcerated parent's legal rights are adjudicated, the court may order the physical presence of the parent at the proceeding. This bill would provide that an incarcerated parent who has either waived the right to be physically present at the proceeding or who has not been ordered by the court to be present at the proceeding may be given the opportunity, at the discretion of the court, to participate in the proceeding by videoconference or teleconference, if that technology is available, as long as the parent's participation otherwise complies with the law. This bill would state the intent of the Legislature to preserve internal job placement opportunities and earned privileges of prisoners, and to prevent the removal of prisoners from court-ordered courses, as a result of participation in child dependency proceedings. This bill would permit the Department of Corrections and Rehabilitation to accept donated materials and services related to videoconferencing and teleconferencing in order to implement a program, at a prison to be determined by the department, to facilitate the participation of incarcerated parents in dependency court hearings. The bill would specify that the implementation of the program is contingent upon the receipt of sufficient donations of materials and services by the department.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 482, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4646.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 6178.) To Senate.

  7. Read second time. To Consent Calendar.

  8. (Heard in committee on August 4.)

  9. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

  10. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  11. (Heard in committee on June 22.)

  12. From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  14. (Heard in committee on June 15.)

  15. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 7. Noes 0.) Re-referred to Com. on JUD.

  16. To Coms. on PUB. S. and JUD.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 30. Noes 0. Page 3482.) To Assembly.

  19. To Special Consent Calendar.

  20. Read second time. To third reading.

  21. From committee: Do pass. (Ayes 9. Noes 0. Page 3427.)

  22. Set for hearing May 3.

  23. Read second time. Amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 4. Noes 0. Page 3184.)

  25. Set for hearing April 13.

  26. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 7. Noes 0. Page 3003.) Re-referred to Com. on JUD.

  27. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S.

  28. Set for hearing March 23.

  29. To Coms. on PUB. S. and JUD.

  30. Read first time.

  31. From print. May be acted upon on or after March 8.

  32. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Liu · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Liu

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB962 Liu

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 2000
Republican 1000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Florez — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Hancock — Yea
Dutton — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Alquist — Yea
Ashburn — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Huff — Yea
Liu — Yea
Romero — Yea
Walters — Not Voting
Wyland — Yea
Cogdill — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 962 Liu Consent Calendar Second Day Regular Session

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Davis — Yea
DeVore — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Norby — Not Voting
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Villines — Yea
Eng — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 19 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Democratic 1000
Total 19000
% of votes cast 100%0%0%0%
How each member voted (19)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Gatto — Yea
Conway — Yea
Miller — Yea
Norby — Yea
Skinner — Yea
Torlakson — Yea
Torrico — Yea
Bradford — Yea
Harkey — Yea
Nielsen — Yea
Solorio — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Consent #23 SB962 Liu

Passed 31 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 29007
Democratic 2000
Republican 0001
Total 31008
% of votes cast 79%0%0%21%
How each member voted (39)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Hancock — Yea
Hollingsworth — Yea
Huff — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Leno — Yea
Liu — Not Voting
Cogdill — Yea
Corbett — Not Voting
Correa — Yea
Cox — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Ducheny — Yea
Dutton — Not Voting
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Harman — Not Voting
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Wiggins — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Wolk — Yea
Alquist — Not Voting
Walters — Yea
Wyland — Yea
Corbett — Yea
Cox — Yea
Denham — Not Voting

Official roll call →

Subjects

public-safety civil-rights labor
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Frequently asked questions

What does SB 962 do?
Existing law requires notice of, and the opportunity for an incarcerated parent to be physically present in, proceedings terminating his or her parental rights or seeking to adjudicate the child of a prisoner a dependent child of the court. These proceedings may not be adjudicated without the physical presence of the parent unless the court receives a knowing waiver from the parent of his or her right to be physically present at the proceedings, or an affidavit signed by a person in charge of the incarcerating institution that the prisoner does not intend to appear at the proceeding. Existing law provides that, for all other kinds of actions not specified above in which an incarcerated parent's legal rights are adjudicated, the court may order the physical presence of the parent at the proceeding. This bill would provide that an incarcerated parent who has either waived the right to be physically present at the proceeding or who has not been ordered by the court to be present at the proceeding may be given the opportunity, at the discretion of the court, to participate in the proceeding by videoconference or teleconference, if that technology is available, as long as the parent's participation otherwise complies with the law. This bill would state the intent of the Legislature to preserve internal job placement opportunities and earned privileges of prisoners, and to prevent the removal of prisoners from court-ordered courses, as a result of participation in child dependency proceedings. This bill would permit the Department of Corrections and Rehabilitation to accept donated materials and services related to videoconferencing and teleconferencing in order to implement a program, at a prison to be determined by the department, to facilitate the participation of incarcerated parents in dependency court hearings. The bill would specify that the implementation of the program is contingent upon the receipt of sufficient donations of materials and services by the department.
Who sponsors SB 962?
SB 962 is sponsored by Liu.
What is the current status of SB 962?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 962?
Track SB 962 free on One Click Politics — get push/email alerts when it moves.

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