California 2023-2024 Regular Session Status: Passed Assembly 1 D cosponsors

AB 3049 — Dependency: court hearings.

Last action — In committee: Held under submission.

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

This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires counsel in juvenile court proceedings to represent the child's interests. Existing law authorizes counsel to introduce and examine their own witnesses, make recommendations to the court about the child's welfare, and participate in the proceedings as necessary to adequately represent the child. This bill would require counsel for a minor or nonminor dependent or their agents to meet regularly with their client, regardless of the age of the client or the client's ability to communicate verbally and to have sufficient personal contact with the minor or nonminor dependent to establish and maintain an adequate and professional attorney-client relationship. Existing law entitles a minor who is the subject of a juvenile court hearing to be present at that hearing. Existing law requires the court to inform the minor, if the minor is present at the hearing, of their right to address the court and participate in the hearing. Existing law requires the court, if the minor is 10 years of age or older and not present at the hearing, to determine whether the minor was properly notified of their right to attend the hearing and inquire whether they were given an opportunity to attend. Existing law requires the court to continue the hearing to allow the minor to be present, if they were not properly notified or if they wished to present, but were not given the opportunity, unless the court finds that it is in the minor's best interest not to continue the hearing. Existing law requires the court to continue the hearing only for the period of time necessary to provide the child notice and secure their presence. This bill would expand the above provisions to include nonminor dependents. The bill would require, if the minor or nonminor dependent participates in the hearing remotely, the court to inform the minor or nonminor dependent that they have the right to be physically present at the hearing. The bill would require, if the minor or nonminor dependant wished to be physically present, for the court to allow the minor or nonminor dependent the opportunity to consult with their counsel. If, after the consultation, counsel requests to continue the hearing to allow the minor or nonminor dependent to be physically present, the bill would require the court to grant the request unless the court finds that the continuance would be contrary to the interest of the minor or nonminor dependent. The bill would require the court to ask a minor or nonminor dependent present at the hearing if they have had an opportunity to consult with their counsel. The bill would authorize a court to continue a hearing to allow counsel a reasonable amount of time to contact a minor or nonminor dependent if the minor or nonminor dependent was not present at the hearing, had not waived their right to be present, or had not had an opportunity to consult with their counsel. The bill would require the court to continue the hearing only for the period of time necessary to provide counsel with a reasonable amount of time to contact the minor or nonminor dependent. The bill would prohibit counsel from waiving the appearance of a client who is 10 years of age or older, unless counsel has received direction from the minor or nonminor dependent. The bill would expand this requirement to a minor under 10 years of age if required by local rule.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 1).

  5. Read second time and amended. Re-referred to Com. on HUMAN S.

  6. From committee: Amend, and do pass as amended and re-refer to Com. on HUMAN S. (Ayes 10. Noes 0.) (June 18).

  7. Referred to Coms. on JUD., HUMAN S. and APPR.

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

  9. Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0. Page 5524.)

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 15. Noes 0.) (May 16).

  12. In committee: Set, first hearing. Referred to APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 23). Re-referred to Com. on APPR.

  14. Re-referred to Com. on HUM. S.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 16).

  17. In committee: Hearing postponed by committee.

  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 Coms. on JUD. and HUM. S.

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

  22. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

Votes

Do pass as amended, but first amend, and re-refer to the Committee on [Human Services]

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7001
Republican 1000
Unaffiliated 2000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Wilk — Yea
Roth — Yea
Allen, Benjamin Democratic Yea
Ashby, Angelique V. Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Not Voting
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Niello, Roger W. Republican Yea

Official roll call →

AB 3049 Bryan Assembly Third Reading

Passed 71 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 45002
Republican 11002
Unaffiliated 15005
Total 71009
% of votes cast 89%0%0%11%
How each member voted (80)
Member Party Vote
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Wood — Yea
Low — Yea
Waldron — Yea
Santiago — Yea
Essayli — Not Voting
Holden — Not Voting
Friedman — Not Voting
Mathis — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Vince Fong — Yea
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Not Voting
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail 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
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 3000
Republican 3000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Villapudua — Yea
Jim Patterson — Yea
Wendy Carrillo — Yea
Arambula, Joaquin Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Pellerin, Gail Democratic Yea
Wicks, Buffy Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 1001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Essayli — Yea
Mathis — Not Voting
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Jackson, Corey A. Democratic Yea
Lee, Alex Democratic Yea
Ortega, Liz Democratic Yea

Official roll call →

Do pass as amended, and be re-referred to the Committee on [Human Services] with recommendation: To Consent Calendar

Passed 12 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 8000
Republican 2000
Unaffiliated 2000
Total 12000
% of votes cast 100%0%0%0%
How each member voted (12)
Member Party Vote
Waldron — Yea
Maienschein — Yea
Bauer-Kahan, Rebecca Democratic Yea
Bryan, Isaac G. Democratic Yea
Connolly, Damon Democratic Yea
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Dixon, Diane Republican Yea
Sanchez, Kate Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 3049 do?
Existing law requires counsel in juvenile court proceedings to represent the child's interests. Existing law authorizes counsel to introduce and examine their own witnesses, make recommendations to the court about the child's welfare, and participate in the proceedings as necessary to adequately represent the child. This bill would require counsel for a minor or nonminor dependent or their agents to meet regularly with their client, regardless of the age of the client or the client's ability to communicate verbally and to have sufficient personal contact with the minor or nonminor dependent to establish and maintain an adequate and professional attorney-client relationship. Existing law entitles a minor who is the subject of a juvenile court hearing to be present at that hearing. Existing law requires the court to inform the minor, if the minor is present at the hearing, of their right to address the court and participate in the hearing. Existing law requires the court, if the minor is 10 years of age or older and not present at the hearing, to determine whether the minor was properly notified of their right to attend the hearing and inquire whether they were given an opportunity to attend. Existing law requires the court to continue the hearing to allow the minor to be present, if they were not properly notified or if they wished to present, but were not given the opportunity, unless the court finds that it is in the minor's best interest not to continue the hearing. Existing law requires the court to continue the hearing only for the period of time necessary to provide the child notice and secure their presence. This bill would expand the above provisions to include nonminor dependents. The bill would require, if the minor or nonminor dependent participates in the hearing remotely, the court to inform the minor or nonminor dependent that they have the right to be physically present at the hearing. The bill would require, if the minor or nonminor dependant wished to be physically present, for the court to allow the minor or nonminor dependent the opportunity to consult with their counsel. If, after the consultation, counsel requests to continue the hearing to allow the minor or nonminor dependent to be physically present, the bill would require the court to grant the request unless the court finds that the continuance would be contrary to the interest of the minor or nonminor dependent. The bill would require the court to ask a minor or nonminor dependent present at the hearing if they have had an opportunity to consult with their counsel. The bill would authorize a court to continue a hearing to allow counsel a reasonable amount of time to contact a minor or nonminor dependent if the minor or nonminor dependent was not present at the hearing, had not waived their right to be present, or had not had an opportunity to consult with their counsel. The bill would require the court to continue the hearing only for the period of time necessary to provide counsel with a reasonable amount of time to contact the minor or nonminor dependent. The bill would prohibit counsel from waiving the appearance of a client who is 10 years of age or older, unless counsel has received direction from the minor or nonminor dependent. The bill would expand this requirement to a minor under 10 years of age if required by local rule.
Who sponsors AB 3049?
AB 3049 is sponsored by Bryan, Isaac G. (Democratic).
What is the current status of AB 3049?
This bill died with 2023-2024 Regular Session. It reached “Passed Assembly” 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 AB 3049?
Track AB 3049 free on One Click Politics — get push/email alerts when it moves.

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