California 2013-2014 Regular Session Status: Enacted

AB 381 — Estates and trusts: undue influence and elder abuse.

Last action — Chaptered by Secretary of State - Chapter 99, Statutes of 2013.

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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 14, 2013. 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

(1) Existing law provides that a person found liable for taking, concealing, or disposing of property belonging to the estate of a decedent, conservatee, minor, or trust through the use of undue influence in bad faith, or through the commission of elder or dependent adult financial abuse, is liable for twice the value of the property. Existing law provides that this remedy is additional to any other remedy available at law. This bill would provide that a person may, in the court's discretion, be liable for reasonable attorney's fees and costs in these actions, except as specified. The bill would specifically apply these provisions to property belonging to an elder or a dependent adult. The bill would make technical changes with regard to the nonexclusive character of the remedy provided. (2) Existing law provides that a person who, in bad faith, wrongfully takes, conceals, or disposes of property belonging to a principal under a power of attorney is liable for twice the value of the property recovered by an action to recover the property or for surcharge. This bill would extend this liability to a person who has taken, concealed, or disposed of property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined. The bill would provide that a person may, in the court's discretion, be liable for reasonable attorney's fees and costs under these provisions and those described above, except as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 99, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:45 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 0. Page 2285.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 3 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 1602.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 6. Noes 0.) (June 4).

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

  10. Referred to Com. on JUD.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 915.)

  13. Read third time and amended. Ordered to third reading. (Page 877.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 9. Noes 0.) (April 2).

  16. Re-referred to Com. on JUD.

  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. From printer. May be heard in committee March 17.

  20. Read first time. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Chau

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 381 CHAU Concurrence in Senate Amendments

Passed 74 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 63004
Democratic 7000
Republican 4000
Total 74004
% of votes cast 95%0%0%5%
How each member voted (78)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Linder — Yea
Mansoor — Yea
Mullin — Yea
Pan — Yea
Ting — Yea
Waldron — Yea
Cooley — Yea
Frazier — Yea
Gatto — Yea
Stone — Yea
Lowenthal — Yea
Gordon — Yea
Gray — Yea
Atkins — Yea
Gorell — Yea
Mitchell — Yea
Bonilla — Yea
Hagman — Yea
Hall — Yea
Daly — Yea
Eggman — Yea
Holden — Yea
Logue — Yea
Medina — Yea
Melendez — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Skinner — Yea
Wilk — Yea
Bocanegra — Yea
Gonzalez — Yea
John A. Pérez — Yea
Salas — Yea
Jones-Sawyer — Yea
Levine — Yea
Campos — Yea
Maienschein — Yea
Morrell — Yea
Nestande — Yea
Chau — Yea
Chesbro — Yea
Perea — Not Voting
Ammiano — Not Voting
Chávez — Yea
Conway — Yea
Donnelly — Yea
Rendon — Yea
Wagner — Yea
Weber — Yea
Wieckowski — Yea
Williams — Not Voting
Dickinson — Yea
Fox — Yea
Yamada — Yea
Gomez — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

3rd Reading AB381 Chau By Corbett

Passed 36 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 2001
Total 36002
% of votes cast 95%0%0%5%
How each member voted (38)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Huff — Yea
Lara — Yea
Liu — Yea
Nielsen — Yea
Emmerson — Yea
Evans — Not Voting
Wyland — Yea
Cannella — Yea
Wright — Yea
Yee — Yea
De León — Yea
Fuller — Yea
Galgiani — Yea
Beall — Yea
Hancock — Yea
Hill — Yea
Hueso — Yea
Corbett — Yea
Correa — Yea
Knight — Yea
Leno — Yea
Lieu — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Walters — Yea
Wolk — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Anderson — Yea
Walters — Not Voting
Evans — Yea
Corbett — Yea
Leno — Yea
Monning — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 381 CHAU Assembly Third Reading

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 66002
Democratic 7000
Republican 4000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Bigelow — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Not Voting
Linder — Yea
Logue — Yea
Maienschein — Yea
Mansoor — Yea
Skinner — Yea
Wagner — Yea
Wilk — Yea
Chesbro — Yea
Campos — Yea
Frazier — Yea
Gomez — Yea
Stone — Yea
Hall — Yea
Holden — Yea
Chau — Yea
Bonilla — Yea
Medina — Yea
Morrell — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Pan — Yea
Gray — Yea
Mitchell — Yea
Quirk — Yea
Bocanegra — Yea
John A. Pérez — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Donnelly — Yea
Eggman — Yea
Rendon — Yea
Ting — Yea
Torres — Yea
Weber — Yea
Wieckowski — Yea
Salas — Yea
Jones-Sawyer — Yea
Atkins — Yea
Lowenthal — Not Voting
Levine — Yea
Melendez — Yea
Nestande — Yea
Perea — Yea
Waldron — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 2000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Yea
Chau — Yea
Stone — Yea
Gorell — Not Voting
Wagner — Yea
Wieckowski — Yea
Dickinson — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 381 do?
(1) Existing law provides that a person found liable for taking, concealing, or disposing of property belonging to the estate of a decedent, conservatee, minor, or trust through the use of undue influence in bad faith, or through the commission of elder or dependent adult financial abuse, is liable for twice the value of the property. Existing law provides that this remedy is additional to any other remedy available at law. This bill would provide that a person may, in the court's discretion, be liable for reasonable attorney's fees and costs in these actions, except as specified. The bill would specifically apply these provisions to property belonging to an elder or a dependent adult. The bill would make technical changes with regard to the nonexclusive character of the remedy provided. (2) Existing law provides that a person who, in bad faith, wrongfully takes, conceals, or disposes of property belonging to a principal under a power of attorney is liable for twice the value of the property recovered by an action to recover the property or for surcharge. This bill would extend this liability to a person who has taken, concealed, or disposed of property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined. The bill would provide that a person may, in the court's discretion, be liable for reasonable attorney's fees and costs under these provisions and those described above, except as specified.
Who sponsors AB 381?
AB 381 is sponsored by Chau.
What is the current status of AB 381?
This bill has been enacted into law. Introduced February 14, 2013. Enacted.
Where can I track AB 381?
Track AB 381 free on One Click Politics — get push/email alerts when it moves.

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