California 2009-2010 Regular Session Status: To Executive

AB 653 — Peace officers: marital privilege.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides that a spouse has a privilege during the marital relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication if the spouse claims the privilege and the communication was made in confidence between the spouses while they were husband and wife. A married person also has a privilege not to testify against his or her spouse in any proceeding and, when the spouse is a party to a proceeding, a privilege not to be called as a witness by an adverse party to that proceeding without the prior express consent of the spouse having the privilege. The Public Safety Officers Procedural Bill of Rights Act provides various rights and protections to peace officers, including the procedure for interrogation of peace officers who are under investigation. This bill would provide that a peace officer who asserts any of the marital privileges described above shall not be subject to administrative discipline for failure to report information to his or her supervisor or department, except when the information concerns criminal or certain other conduct of the peace officer's spouse, who is also a peace officer employed by the department, and other specified conditions apply. The bill would provide that this provision would only apply to administrative disciplinary investigations and hearings, and not to other civil or criminal proceedings.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 5 p.m.

  5. Returned by the Governor at the request of the Assembly.

  6. Enrolled and to the Governor at 1:30 p.m.

  7. Senate amendments concurred in. To enrollment. (Ayes 77. Noes 0. Page 2603.)

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 18 pursuant to Assembly Rule 77.

  9. Read third time, passed, and to Assembly. (Ayes 36. Noes 0. Page 1767.)

  10. Ordered to Special Consent Calendar.

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 7. Noes 0.) (July 7).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  14. From committee: Do pass, and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. Re-referred. (Ayes 5. Noes 0.) (June 23).

  15. Referred to Coms. on JUD. and PUB. S.

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

  17. Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1765.)

  18. Read second time. To Consent Calendar.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. To Consent Calendar. (May 12).

  21. From committee: Do pass, and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (May 5).

  22. Re-referred to Com. on JUD.

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

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

  25. Re-referred to Com. on JUD.

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

  27. Referred to Coms. on JUD. and PUB. S.

  28. From printer. May be heard in committee March 28.

  29. Read first time. To print.

Sponsors

  • Feuer · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Feuer

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

AB 653 FEUER Concurrence in Senate Amendments

Passed 89 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 83002
Democratic 3000
Republican 3000
Total 89002
% of votes cast 98%0%0%2%
How each member voted (91)
Member Party Vote
Adams — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Charles — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Anderson — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
DeVore — Yea
Duvall — Yea
Huffman — Yea
Jeffries — Yea
Krekorian — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Audra — Yea
Yamada — Yea
Cook — Not Voting
Bass — Yea
Smyth — Not Voting
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Torlakson — Yea
Emmerson — Yea
Feuer — Yea
Furutani — Yea
Gilmore — 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 →

Special Consent #13 AB653 Feuer

Passed 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 35003
Democratic 1001
Republican 1000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Yee — Yea
Alquist — Yea
Ashburn — Yea
Florez — Not Voting
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Aanestad — Yea
Benoit — Not Voting
Harman — Yea
Leno — Yea
Maldonado — Yea
Pavley — Yea
Simitian — Yea
Wiggins — Yea
Wyland — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Cedillo — Yea
Huff — Yea
Leno — Yea
Benoit — Yea
Wright — Yea
Steinberg — Yea

Official roll call →

AB 653 FEUER Consent Calendar Second Day Regular Session

Passed 88 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 80004
Democratic 5000
Republican 3000
Total 88004
% of votes cast 96%0%0%4%
How each member voted (92)
Member Party Vote
Hall — Yea
Eng — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Charles — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Huber — Yea
Duvall — Not Voting
Huffman — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Not Voting
Miller — Yea
Nava — Yea
Bass — Yea
Nestande — Not Voting
Price — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Gaines — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Yea
Krekorian — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Feuer — Yea
Evans — Not Voting
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended, to Consent Calendar.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Furutani — Yea
Hagman — Yea
Anderson — Yea
Skinner — Yea
Hill — Yea
Ma — Yea
Solorio — Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 653 do?
Existing law provides that a spouse has a privilege during the marital relationship and afterwards to refuse to disclose, and to prevent another from disclosing, a communication if the spouse claims the privilege and the communication was made in confidence between the spouses while they were husband and wife. A married person also has a privilege not to testify against his or her spouse in any proceeding and, when the spouse is a party to a proceeding, a privilege not to be called as a witness by an adverse party to that proceeding without the prior express consent of the spouse having the privilege. The Public Safety Officers Procedural Bill of Rights Act provides various rights and protections to peace officers, including the procedure for interrogation of peace officers who are under investigation. This bill would provide that a peace officer who asserts any of the marital privileges described above shall not be subject to administrative discipline for failure to report information to his or her supervisor or department, except when the information concerns criminal or certain other conduct of the peace officer's spouse, who is also a peace officer employed by the department, and other specified conditions apply. The bill would provide that this provision would only apply to administrative disciplinary investigations and hearings, and not to other civil or criminal proceedings.
Who sponsors AB 653?
AB 653 is sponsored by Feuer.
What is the current status of AB 653?
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 AB 653?
Track AB 653 free on One Click Politics — get push/email alerts when it moves.

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