California 2011-2012 Regular Session Status: Enacted

AB 458 — Guardianship.

Last action — Chaptered by Secretary of State - Chapter 102, Statutes of 2011.

  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 15, 2011. 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 5 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, the Guardianship-Conservatorship Law, authorizes a court, upon hearing of a petition, to appoint a guardian of a person or estate of the proposed ward in accordance with specified provisions of law governing the custody of a minor child. This bill would prohibit a court from appointing a minor's parent as a guardian of the person of the minor, except as specified. The bill would establish requirements for transferring a proceeding to another court in circumstances in which a proceeding that concerns custody or visitation of a minor child is pending in one or more counties at the time the petition for guardianship is filed, and would specify circumstances under which the court in a guardianship proceeding would maintain exclusive jurisdiction to determine issues of custody or visitation. The bill would also require the court in which a guardianship proceeding is filed to communicate with each court where a custody or visitation proceeding is pending prior to making a determination on maintaining or transferring the guardianship proceeding, and would require the Judicial Council, on or before January 1, 2013, to adopt rules of court to implement this provision.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 102, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 12:45 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 1688.).

  6. Read second time. Ordered to consent calendar.

  7. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.

  8. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 5. Noes 0.) (June 7). Re-referred to Com. on APPR.

  9. Referred to Com. on JUD.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 0. Page 982.)

  12. Read second time. Ordered to consent calendar.

  13. From committee: Do pass. To consent calendar. (Ayes 16. Noes 0.) (April 6).

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 10. Noes 0.) (March 22).

  17. Referred to Com. on JUD.

  18. From printer. May be heard in committee March 18.

  19. Read first time. To print.

Sponsors

  • Atkins · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Atkins

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

Consent Calendar 2nd

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Republican 1000
Democratic 1001
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Evans — Not Voting
Fuller — Not Voting
Runner — Not Voting
Hancock — Yea
Harman — Yea
Corbett — Yea
Huff — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Not Voting
Hernandez — Not Voting
Kehoe — Not Voting
Lieu — Yea
Simitian — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 458 ATKINS Consent Calendar Second Day

Passed 60 Yea · 0 Nay · 19 Other
Party YeaNayPresentNot Voting
Republican 0002
Unaffiliated 580016
Democratic 2001
Total 600019
% of votes cast 76%0%0%24%
How each member voted (79)
Member Party Vote
Carter — Yea
Brownley — Yea
Butler — Not Voting
Feuer — Not Voting
Yamada — Yea
Fuentes — Yea
Galgiani — Not Voting
Garrick — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Fletcher — Yea
Gorell — Not Voting
Hagman — Yea
Cedillo — Yea
Halderman — Yea
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Chesbro — Yea
Hill — Yea
Hueso — Yea
Alejo — Not Voting
Beall — Yea
Block — Yea
Conway — Not Voting
Cook — Yea
Donnelly — Yea
Huffman — Yea
Knight — Not Voting
Lara — Yea
Mendoza — Not Voting
Miller — Yea
Monning — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Not Voting
Wieckowski — Yea
Morrell — Not Voting
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Buchanan — Yea
Harkey — Not Voting
Huber — Yea
Jeffries — Yea
Logue — Not Voting
Ma — Yea
Mansoor — Not Voting
Olsen — Not Voting
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Not Voting
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Not Voting
Fong, Mike Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Campos — Yea
Gatto — Yea
Hall — Not Voting
Mitchell — Yea
Hill — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Nielsen — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

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 458 do?
Existing law, the Guardianship-Conservatorship Law, authorizes a court, upon hearing of a petition, to appoint a guardian of a person or estate of the proposed ward in accordance with specified provisions of law governing the custody of a minor child. This bill would prohibit a court from appointing a minor's parent as a guardian of the person of the minor, except as specified. The bill would establish requirements for transferring a proceeding to another court in circumstances in which a proceeding that concerns custody or visitation of a minor child is pending in one or more counties at the time the petition for guardianship is filed, and would specify circumstances under which the court in a guardianship proceeding would maintain exclusive jurisdiction to determine issues of custody or visitation. The bill would also require the court in which a guardianship proceeding is filed to communicate with each court where a custody or visitation proceeding is pending prior to making a determination on maintaining or transferring the guardianship proceeding, and would require the Judicial Council, on or before January 1, 2013, to adopt rules of court to implement this provision.
Who sponsors AB 458?
AB 458 is sponsored by Atkins.
What is the current status of AB 458?
This bill has been enacted into law. Introduced February 15, 2011. Enacted.
Where can I track AB 458?
Track AB 458 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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