California 2009-2010 Regular Session Status: Enacted

AB 973 — Minors: temporary custody.

Last action — Chaptered by Secretary of State - Chapter 440, Statutes of 2010.

  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 26, 2009. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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 authorizes a peace officer to take into temporary custody, without a warrant, a minor who is in a hospital if the release of the minor to a prospective adoptive parent poses an immediate danger to the minor's health or safety. However, existing law prohibits a peace officer from taking into custody, without a warrant, a newborn child who is in a hospital, who tested positive for illegal drugs or whose birth mother tested positive for illegal drugs, who is the subject of an adoption petition, and whose release to the prospective adoptive parents does not pose an immediate danger to him or her. This bill, instead, would prohibit a peace officer from taking into custody, without a warrant, a newborn who is the subject of a proposed adoption. This bill would also allow the Health Facility Minor Release Report to be signed by a licensed adoption agency, and allow the release of the minor to the adoptive parent's authorized representative or a licensed adoptive agency, when it does not pose an immediate danger to the minor. Existing law also requires the adoptive parent or parents or their representative to provide a copy of the Health Facility Minor Release Report and a copy of the petition for adoption to the local child protective services agency or to the peace officer who is at the hospital to take the minor into custody or allows a copy of an adoption placement agreement signed by the placing birth parent or parents and the prospective adoptive parents to be used in place of the Health Facility Minor Release Report. This bill would instead require the prospective adoptive parent or parents or their representative or a representative of a licensed adoption agency to provide a fully executed copy of the Health Facility Minor Release Report and a written form signed by the prospective adoptive parent or parents or a representative of a licensed adoption agency that includes a declaration that the signer will immediately notify the county child welfare agency if the adoption plan is terminated, as provided. This bill would provide that these changes are to remain in effect until January 1, 2013.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 440, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 4:45 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 6378.)

  5. Assembly Rule 77 suspended. (Page 6373.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 4600.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Ordered to third reading.

  11. From Special Consent Calendar pursuant to Joint Rule 22.2.

  12. Ordered to Special Consent Calendar.

  13. Read second time. To third reading.

  14. From committee: Do pass. (Ayes 5. Noes 0.) (June 15).

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

  16. Referred to Com. on JUD.

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

  18. Read third time, passed, and to Senate. (Ayes 68. Noes 0. Page 3904.)

  19. Read third time and amended.

  20. Read second time. To third reading.

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

  22. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (January 21).

  23. In committee: Set, first hearing. Referred to APPR. suspense file.

  24. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 9. Noes 0.) (January 12).

  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. Re-referred to Com. on JUD.

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

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

  30. Referred to Com. on JUD.

  31. From printer. May be heard in committee March 30.

  32. Read first time. To print.

Sponsors

  • Audra Strickland · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Audra Strickland

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 973 STRICKLAND Concurrence in Senate Amendments

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
Hall — Yea
Carter — Yea
Evans — Yea
Feuer — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Blakeslee — Yea
DeVore — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Jeffries — Not Voting
Logue — Yea
Ma — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Tran — Yea
Eng — Yea
Yamada — Yea
Furutani — 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 →

Assembly 3rd Reading AB973 Audra Strickland By Liu

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 2000
Republican 1000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Wyland — Yea
Cogdill — Yea
Corbett — Not Voting
Ducheny — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Liu — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
McLeod — Yea
Romero — Yea
Simitian — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Hollingsworth — Yea
Kehoe — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Not Voting
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Hancock — Yea
Leno — Yea
Walters — Yea
Harman — Yea
Corbett — Yea

Official roll call →

AB 973 STRICKLAND Assembly Third Reading

Passed 77 Yea · 0 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 710013
Democratic 3000
Republican 3000
Total 770013
% of votes cast 86%0%0%14%
How each member voted (90)
Member Party Vote
Hall — Not Voting
Bill — Yea
Tom — Yea
Ammiano — Yea
Beall — Yea
Charles — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
De — Yea
La — Yea
Torre — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Saldana — Yea
Audra — Yea
Galgiani — Yea
Gilmore — Yea
De — Not Voting
Leon — Not Voting
Hagman — Yea
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Salas — Not Voting
Carter — Not Voting
Chesbro — Yea
Cook — Yea
Coto — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Not Voting
Torres — Yea
Tran — Yea
Villines — Yea
Bass — Not Voting
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Lieu — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Skinner — Not Voting
Swanson — Yea
Torrico — Yea
Conway — Yea
Emmerson — Yea
Evans — Yea
Davis — Not Voting
DeVore — Not Voting
Yamada — Yea
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 as amended.

Passed 22 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20000
Democratic 1000
Republican 1000
Total 22000
% of votes cast 100%0%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Bradford — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Fuentes — Yea
Harkey — Yea
Miller — Yea
Skinner — Yea
Torlakson — Yea
Nielsen — Yea
Solorio — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety housing 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 973 do?
Existing law authorizes a peace officer to take into temporary custody, without a warrant, a minor who is in a hospital if the release of the minor to a prospective adoptive parent poses an immediate danger to the minor's health or safety. However, existing law prohibits a peace officer from taking into custody, without a warrant, a newborn child who is in a hospital, who tested positive for illegal drugs or whose birth mother tested positive for illegal drugs, who is the subject of an adoption petition, and whose release to the prospective adoptive parents does not pose an immediate danger to him or her. This bill, instead, would prohibit a peace officer from taking into custody, without a warrant, a newborn who is the subject of a proposed adoption. This bill would also allow the Health Facility Minor Release Report to be signed by a licensed adoption agency, and allow the release of the minor to the adoptive parent's authorized representative or a licensed adoptive agency, when it does not pose an immediate danger to the minor. Existing law also requires the adoptive parent or parents or their representative to provide a copy of the Health Facility Minor Release Report and a copy of the petition for adoption to the local child protective services agency or to the peace officer who is at the hospital to take the minor into custody or allows a copy of an adoption placement agreement signed by the placing birth parent or parents and the prospective adoptive parents to be used in place of the Health Facility Minor Release Report. This bill would instead require the prospective adoptive parent or parents or their representative or a representative of a licensed adoption agency to provide a fully executed copy of the Health Facility Minor Release Report and a written form signed by the prospective adoptive parent or parents or a representative of a licensed adoption agency that includes a declaration that the signer will immediately notify the county child welfare agency if the adoption plan is terminated, as provided. This bill would provide that these changes are to remain in effect until January 1, 2013.
Who sponsors AB 973?
AB 973 is sponsored by Audra Strickland.
What is the current status of AB 973?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 973?
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