California 2019-2020 Regular Session Status: Enacted 3 D cosponsors

AB 330 — Appointed legal counsel in civil cases.

Last action — Chaptered by Secretary of State - Chapter 217, Statutes of 2019.

  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 January 31, 2019. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 9 sponsors

    1 primary, 8 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • 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 legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in specified courts. Existing law requires the Judicial Council to develop one or more pilot projects in selected courts to receive grants to, among other things, provide legal counsel to low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child. Existing law places the highest priority for funding on proposals to provide counsel in child custody cases, particularly when one side is represented and the other is not, and requires up to 20% of available funds to be directed to projects regarding civil matters involving actions by a parent to obtain sole legal or physical custody of a child. This bill would instead require the Judicial Council to develop and provide grants for programs in selected courts that provide legal counsel to low-income persons in matters involving child custody, when the parent is seeking to obtain any level of legal or physical custody, and would require that up to 20% of the available funds be directed at civil matters involving an action under the Family Code, as specified. The bill also would place the highest priority for funding on proposals to provide counsel in child custody cases, irrespective of whether one side is represented and the other is not. The bill would also authorize the Judicial Council to accept donations from public or private entities for the purposes of providing grants. Existing law requires the Judicial Council to conduct a study to demonstrate the effectiveness and continued need for the pilot program and to report its findings and recommendations to the Governor and the Legislature on or before January 31, 2016. This bill would require the Judicial Council to conduct the study and report its findings and recommendations for the programs every 5 years, commencing June 1, 2020. Existing law provides for the assessment of fees for various court services, including, among others, issuing an abstract of judgment and issuing an order of sale. Existing law requires an amount equivalent to $10 of each fee collected to be used by the Judicial Council to implement and administer the civil representation pilot program described above. This bill would increase the amount assessed for the above services by $15, and would require those funds to be used by the Judicial Council to implement and administer the civil representation programs, thereby imposing a tax. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 217, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 2137.).

  6. Read second time. Ordered to third reading.

  7. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  8. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 18). 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 64. Noes 10. Page 1776.)

  12. Read third time and amended. Ordered to third reading. (Page 1565.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 13. Noes 4.) (April 24).

  15. Re-referred to Com. on APPR.

  16. Read second time and amended.

  17. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (April 9).

  18. Re-referred to Com. on JUD.

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

  20. Referred to Com. on JUD.

  21. From printer. May be heard in committee March 3.

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 8 co-sponsors · 113 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (8)

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"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

3rd Reading AB330 Gabriel et al. By Glazer

Passed 30 Yea · 7 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 20502
Democratic 10000
Republican 0201
Total 30703
% of votes cast 75%18%0%8%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Skinner — Yea
Allen — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Glazer — Yea
Pan — Yea
Moorlach — Nay
Bates — Nay
Morrell — Nay
Nielsen — Nay
Borgeas — Not Voting
Chang — Not Voting
Mark Stone — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 2001
Republican 0001
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Borgeas — Not Voting
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Not Voting

Official roll call →

AB 330 Gabriel Assembly Third Reading

Passed 64 Yea · 10 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 38703
Democratic 23101
Republican 3202
Total 641006
% of votes cast 80%13%0%8%
How each member voted (80)
Member Party Vote
Salas — Yea
Mayes — Yea
Frazier — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Voepel — Nay
Kiley — Nay
Brough — Nay
Obernolte — Nay
Mathis — Nay
Bigelow — Nay
Melendez — Nay
Cooley — Not Voting
Diep — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 13 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6100
Unaffiliated 7301
Total 13401
% of votes cast 72%22%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Quirk — Yea
Eggman — Yea
Gonzalez — Yea
Jones-Sawyer — Yea
Chau — Yea
Brough — Nay
Obernolte — Nay
Bigelow — Nay
Diep — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6200
Democratic 3000
Republican 0001
Total 9201
% of votes cast 75%17%0%8%
How each member voted (12)
Member Party Vote
Chiu — Yea
Maienschein — Yea
Holden — Yea
Gonzalez — Yea
Chau — Yea
Obernolte — Nay
Kiley — Nay
Mark Stone — Yea
Kalra, Ash Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

taxation housing civil-rights labor
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Frequently asked questions

What does AB 330 do?
Existing law requires legal counsel to be appointed to represent low-income parties in civil matters involving critical issues affecting basic human needs in specified courts. Existing law requires the Judicial Council to develop one or more pilot projects in selected courts to receive grants to, among other things, provide legal counsel to low-income persons who require legal services in civil matters involving housing-related matters, domestic violence and civil harassment restraining orders, probate conservatorships, guardianships of the person, elder abuse, or actions by a parent to obtain sole legal or physical custody of a child. Existing law places the highest priority for funding on proposals to provide counsel in child custody cases, particularly when one side is represented and the other is not, and requires up to 20% of available funds to be directed to projects regarding civil matters involving actions by a parent to obtain sole legal or physical custody of a child. This bill would instead require the Judicial Council to develop and provide grants for programs in selected courts that provide legal counsel to low-income persons in matters involving child custody, when the parent is seeking to obtain any level of legal or physical custody, and would require that up to 20% of the available funds be directed at civil matters involving an action under the Family Code, as specified. The bill also would place the highest priority for funding on proposals to provide counsel in child custody cases, irrespective of whether one side is represented and the other is not. The bill would also authorize the Judicial Council to accept donations from public or private entities for the purposes of providing grants. Existing law requires the Judicial Council to conduct a study to demonstrate the effectiveness and continued need for the pilot program and to report its findings and recommendations to the Governor and the Legislature on or before January 31, 2016. This bill would require the Judicial Council to conduct the study and report its findings and recommendations for the programs every 5 years, commencing June 1, 2020. Existing law provides for the assessment of fees for various court services, including, among others, issuing an abstract of judgment and issuing an order of sale. Existing law requires an amount equivalent to $10 of each fee collected to be used by the Judicial Council to implement and administer the civil representation pilot program described above. This bill would increase the amount assessed for the above services by $15, and would require those funds to be used by the Judicial Council to implement and administer the civil representation programs, thereby imposing a tax. This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIIIA of the California Constitution, and thus would require for passage the approval of 23 of the membership of each house of the Legislature.
Who sponsors AB 330?
AB 330 is sponsored by Gabriel, Jesse (Democratic), Bloom, Chiu, Kalra, Ash (Democratic), Nazarian, Santiago, Ting, Wicks, Buffy (Democratic), and Mark Stone.
What is the current status of AB 330?
This bill has been enacted into law. Introduced January 31, 2019. Enacted.
Where can I track AB 330?
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