California 2009-2010 Regular Session Status: Enacted

AB 2619 — Elder and dependent adult abuse: restitution: earnings withholding orders.

Last action — Chaptered by Secretary of State - Chapter 64, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 19, 2010. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    1 primary, 4 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides for the award of attorney's fees and costs, and damages to a plaintiff when it is proven by a preponderance of the evidence that the defendant is liable for financial abuse of an elder or dependent adult. Existing law authorizes the remedy of attachment against a defendant's property to secure the amount of the claimed indebtedness to the plaintiff in connection with cases involving financial abuse of an elder or dependent adult. This bill would require the court to issue an earnings withholding order for elder or dependent adult financial abuse, as defined, for a defendant who has been found liable for financial abuse of an elder or dependent adult, as specified. Existing law provides that, except for earnings assignment orders for support, the provisions governing earnings withholding orders provide the exclusive procedure by which a judgment creditor can execute against the wages of a judgment debtor. Existing law provides that if an employer is served with 2 or more earnings withholding orders, the employer is required to comply with the order issued pursuant to the judgment first entered. This bill would require that earnings withholding orders for elder or dependent adult financial abuse be given priority over any other earnings withholding orders, as provided. The bill would also require, however, that earnings withholding orders for support or for taxes be given priority over earnings withholding orders for elder or dependent adult financial abuse. The bill would require that the application for issuance of an earnings withholding order and the earnings withholding order include how much of the judgment arises from that claim.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 64, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 11:15 a.m.

  4. In Assembly. To enrollment.

  5. Read third time, passed, and to Assembly. (Ayes 31. Noes 0. Page 4056.)

  6. Read second time. To Consent Calendar.

  7. From committee: Do pass. To Consent Calendar. (June 15).

  8. Referred to Com. on JUD.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time, passed, and to Senate. (Ayes 71. Noes 0. Page 5087.)

  11. Read second time. To Consent Calendar.

  12. From committee: Do pass. To Consent Calendar. (May 4).

  13. Re-referred to Com. on JUD.

  14. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  15. Re-referred to Com. on JUD.

  16. (Corrected April 20.)

  17. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  18. Referred to Com. on JUD.

  19. Read first time.

  20. From printer. May be heard in committee March 23.

  21. Introduced. To print.

Sponsors

  • Block · Primary
  • Blumenfield · Cosponsor
  • Jones · Cosponsor
  • Hill · Cosponsor
  • Torrico · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 4 co-sponsors · 117 not signed on

Sponsors (1)

  • Block

Co-sponsors (4)

  • Blumenfield
  • Jones
  • Hill
  • Torrico

Not signed on (117)

117 members have not signed on to this bill.

Show all 117 →

"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

Consent Calendar 2nd AB2619 Block

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 30007
Democratic 1001
Republican 1000
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cogdill — Yea
Corbett — Yea
Harman — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Runner — Yea
Wyland — Not Voting
Cox — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Kehoe — Not Voting
Leno — Yea
Oropeza — Not Voting
Simitian — Not Voting
Walters — Yea
Wright — Yea
Cedillo — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

AB 2619 BLOCK Consent Calendar Second Day Regular Session

Passed 81 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 750010
Democratic 3000
Republican 3000
Total 810010
% of votes cast 89%0%0%11%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Blakeslee — Yea
Davis — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
De — Not Voting
La — Not Voting
Torre — Not Voting
Saldana — Not Voting
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Not Voting
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Mendoza — Not Voting
Miller — Yea
Monning — Yea
Nava — Not Voting
Norby — Not Voting
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Lieu — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Solorio — Not Voting
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
Evans — Yea
Feuer — Yea
DeVore — Not Voting
Fuller — Yea
Garrick — 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 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 9000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Hagman — Yea
Monning — Yea
Nava — Yea
Tran — Yea
Brownley — Yea
Knight — Yea
Skinner — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2619 do?
Existing law provides for the award of attorney's fees and costs, and damages to a plaintiff when it is proven by a preponderance of the evidence that the defendant is liable for financial abuse of an elder or dependent adult. Existing law authorizes the remedy of attachment against a defendant's property to secure the amount of the claimed indebtedness to the plaintiff in connection with cases involving financial abuse of an elder or dependent adult. This bill would require the court to issue an earnings withholding order for elder or dependent adult financial abuse, as defined, for a defendant who has been found liable for financial abuse of an elder or dependent adult, as specified. Existing law provides that, except for earnings assignment orders for support, the provisions governing earnings withholding orders provide the exclusive procedure by which a judgment creditor can execute against the wages of a judgment debtor. Existing law provides that if an employer is served with 2 or more earnings withholding orders, the employer is required to comply with the order issued pursuant to the judgment first entered. This bill would require that earnings withholding orders for elder or dependent adult financial abuse be given priority over any other earnings withholding orders, as provided. The bill would also require, however, that earnings withholding orders for support or for taxes be given priority over earnings withholding orders for elder or dependent adult financial abuse. The bill would require that the application for issuance of an earnings withholding order and the earnings withholding order include how much of the judgment arises from that claim.
Who sponsors AB 2619?
AB 2619 is sponsored by Block, Blumenfield, Jones, Hill, and Torrico.
What is the current status of AB 2619?
This bill has been enacted into law. Introduced February 19, 2010. Enacted.
Where can I track AB 2619?
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