California 2011-2012 Regular Session Status: Enacted

AB 2365 — Family law: child custody.

Last action — Chaptered by Secretary of State - Chapter 258, Statutes of 2012.

  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 24, 2012. Enacted.

Prognosis

Likely to advance 76% · 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.

  • 4 sponsors

    1 primary, 3 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 requires a family court to determine the best interest of the child for purposes of deciding child custody in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, petitions for exclusive custody of a child, and proceedings under the Domestic Violence Prevention Act. In making that determination, existing law requires the court to consider specified factors, including whether either of the child's parents habitually or continually uses alcohol or illegal drugs. The court may require independent corroboration of an allegation that a parent is habitually or continually using controlled substances or illegal drugs. This bill would require a family court to consider, in determining the best interest of the child in custody proceedings, either parent's habitual or continual abuse of prescribed controlled substances. Existing law, until January 1, 2013, authorizes a court to require any person who is seeking custody of, or visitation with, a child who is the subject of a custody, visitation, or guardianship proceeding, to undergo testing for the illegal use of controlled substances and the use of alcohol under specified circumstances, as specified. This bill would delete the repeal clause for these provisions and thus extend the operation of these provisions indefinitely.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 258, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 71. Noes 1. Page 5893.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 11 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4436.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 5. Noes 0.) (June 19).

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

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

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

  12. Referred to Com. on JUD.

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

  14. Read third time. Passed. Ordered to the Senate. (Ayes 66. Noes 0. Page 4341.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 10. Noes 0.) (April 10).

  17. Re-referred to Com. on JUD.

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

  19. Referred to Com. on JUD.

  20. Read first time.

  21. From printer. May be heard in committee March 27.

  22. Introduced. To print.

Sponsors

  • Buchanan · Cosponsor
  • Jeffries · Cosponsor
  • Nestande · Primary
  • Olsen · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Nestande

Co-sponsors (3)

  • Buchanan
  • Jeffries
  • Olsen

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 2365 NESTANDE Concurrence in Senate Amendments

Passed 71 Yea · 1 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 68108
Republican 2000
Democratic 1000
Total 71108
% of votes cast 89%1%0%10%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Butler — Yea
Fuentes — Yea
Furutani — Yea
Garrick — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Gatto — Yea
Gorell — Yea
Halderman — Yea
Portantino — Yea
John A. Pérez — Yea
Hall — Yea
Fletcher — Yea
Hayashi — Yea
Hill — Yea
Chesbro — Yea
Huber — Yea
Atkins — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Huffman — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Torres — Yea
Wagner — Yea
Williams — Yea
Bonilla — Not Voting
Mitchell — Not Voting
Campos — Not Voting
Cedillo — Not Voting
Ammiano — Not Voting
Skinner — Not Voting
Swanson — Not Voting
Valadao — Not Voting
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Norby — Nay
Perea — Yea
Solorio — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB2365 Nestande By Emmerson

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Hancock — Not Voting
Yee — Yea
Evans — Yea
Fuller — Yea
Lowenthal — Yea
Cannella — Yea
De León — Yea
Harman — Yea
Huff — Yea
Rubio — Yea
Kehoe — Yea
Runner — Not Voting
Negrete McLeod — Not Voting
Alquist — Yea
Corbett — Yea
Correa — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wolk — Yea
Wright — Yea
Anderson — Yea
Blakeslee — Yea
Hernandez — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — 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
Corbett — Yea
Blakeslee — Yea
Harman — Yea
Leno — Yea
Evans — Yea

Official roll call →

AB 2365 NESTANDE Assembly Third Reading

Passed 66 Yea · 0 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 630014
Republican 2000
Democratic 1000
Total 660014
% of votes cast 83%0%0%18%
How each member voted (80)
Member Party Vote
Hall — Yea
Butler — Yea
Fuentes — Yea
Furutani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Fong — Yea
Allen — Yea
Halderman — Yea
Harkey — Yea
Hayashi — Yea
Huber — Yea
Portantino — Yea
John A. Pérez — Yea
Hueso — Yea
Carter — Yea
Conway — Yea
Davis — Yea
Jeffries — Yea
Knight — Yea
Logue — Yea
Nestande — Yea
Olsen — Yea
Silva — Yea
Smyth — Yea
Torres — Yea
Valadao — Yea
Williams — Yea
Campos — Not Voting
Garrick — Not Voting
Atkins — Yea
Fletcher — Not Voting
Bonilla — Not Voting
Mitchell — Not Voting
Chesbro — Yea
Mendoza — Yea
Cook — Not Voting
Monning — Yea
Morrell — Yea
Donnelly — Yea
Ammiano — Not Voting
Beall — Yea
Block — Yea
Pan — Yea
Solorio — Yea
Swanson — Not Voting
Wieckowski — Not Voting
Achadjian — Yea
Alejo — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Lara — Not Voting
Ma — Yea
Mansoor — Yea
Miller — Yea
Nielsen — Yea
Norby — Not Voting
Perea — Yea
Skinner — Not Voting
Wagner — Yea
Cedillo — Not Voting
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Atkins — Yea
Gorell — Yea
Monning — Yea
Wieckowski — Yea
Huber — Yea
Wagner — Yea
Dickinson — Yea
Bonnie Lowenthal — Yea
Jones, Brian W. Republican 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 2365 do?
Existing law requires a family court to determine the best interest of the child for purposes of deciding child custody in proceedings for dissolution of marriage, nullity of marriage, legal separation of the parties, petitions for exclusive custody of a child, and proceedings under the Domestic Violence Prevention Act. In making that determination, existing law requires the court to consider specified factors, including whether either of the child's parents habitually or continually uses alcohol or illegal drugs. The court may require independent corroboration of an allegation that a parent is habitually or continually using controlled substances or illegal drugs. This bill would require a family court to consider, in determining the best interest of the child in custody proceedings, either parent's habitual or continual abuse of prescribed controlled substances. Existing law, until January 1, 2013, authorizes a court to require any person who is seeking custody of, or visitation with, a child who is the subject of a custody, visitation, or guardianship proceeding, to undergo testing for the illegal use of controlled substances and the use of alcohol under specified circumstances, as specified. This bill would delete the repeal clause for these provisions and thus extend the operation of these provisions indefinitely.
Who sponsors AB 2365?
AB 2365 is sponsored by Buchanan, Jeffries, Nestande, and Olsen.
What is the current status of AB 2365?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2365?
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