California 2019-2020 Regular Session Status: In Committee

SB 1016 — Limited conservatorship.

Last action — From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 establishes procedures for the establishment of conservatorships of the person or of the estate, or both, as specified, or a limited conservatorship of the person or of the estate, or both, of an adult with a developmental disability. In any proceeding to establish a limited conservatorship, existing law requires the court to appoint the public defender or private counsel to represent a proposed limited conservatee if that person has not retained legal counsel and does not plan to retain legal counsel. This bill would require appointed counsel for a proposed limited conservatee to advocate for the expressed interests, as defined, of the proposed limited conservatee, and would authorize counsel to consult with any other person knowledgeable regarding the proposed limited conservatee to assist in interpreting the expressed interests of the proposed limited conservatee. The bill would restrict the appointment of a conservator of the person for a person with a developmental disability to a limited conservatorship. Existing law requires the court, at the hearing on the petition for appointment of a limited conservator for an adult alleged to have a developmental disability, to, among other things, inquire into the nature and extent of the general intellectual functioning of the individual alleged to be developmentally disabled and ascertain their capacity to care for themselves and their property. The bill would also require the court to inquire as to whether less restrictive alternatives to conservatorship have been considered or attempted, and if attempted, for how long, and have petitioner state on the record any reasons why less restrictive alternatives have not been considered or attempted or are not appropriate.

Bill Text

Action History

  1. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  2. Referred to Com. on JUD.

  3. From printer. May be acted upon on or after March 19.

  4. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Wieckowski · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Wieckowski

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

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 SB 1016 do?
Existing law establishes procedures for the establishment of conservatorships of the person or of the estate, or both, as specified, or a limited conservatorship of the person or of the estate, or both, of an adult with a developmental disability. In any proceeding to establish a limited conservatorship, existing law requires the court to appoint the public defender or private counsel to represent a proposed limited conservatee if that person has not retained legal counsel and does not plan to retain legal counsel. This bill would require appointed counsel for a proposed limited conservatee to advocate for the expressed interests, as defined, of the proposed limited conservatee, and would authorize counsel to consult with any other person knowledgeable regarding the proposed limited conservatee to assist in interpreting the expressed interests of the proposed limited conservatee. The bill would restrict the appointment of a conservator of the person for a person with a developmental disability to a limited conservatorship. Existing law requires the court, at the hearing on the petition for appointment of a limited conservator for an adult alleged to have a developmental disability, to, among other things, inquire into the nature and extent of the general intellectual functioning of the individual alleged to be developmentally disabled and ascertain their capacity to care for themselves and their property. The bill would also require the court to inquire as to whether less restrictive alternatives to conservatorship have been considered or attempted, and if attempted, for how long, and have petitioner state on the record any reasons why less restrictive alternatives have not been considered or attempted or are not appropriate.
Who sponsors SB 1016?
SB 1016 is sponsored by Wieckowski.
What is the current status of SB 1016?
This bill died with 2019-2020 Regular Session. It reached “In Committee” 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 SB 1016?
Track SB 1016 free on One Click Politics — get push/email alerts when it moves.

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