Bill Text: CA AB1407 | 2015-2016 | Regular Session | Amended

California Assembly Bill 1407 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Family law: protective orders: wireless telephone numbers.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Passed) 2015-10-01 - Chaptered by Secretary of State - Chapter 415, Statutes of 2015. [AB1407 Detail]

Download: California-2015-AB1407-Amended.html

BILL NUMBER: AB 1407	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2015
	AMENDED IN ASSEMBLY  APRIL 22, 2015
	AMENDED IN ASSEMBLY  APRIL 13, 2015

INTRODUCED BY   Assembly Member Atkins
    (   Coauthor:   Assembly Member  
Cristina Garcia   ) 
   (Coauthor: Senator Pan)

                        FEBRUARY 27, 2015

   An act to add  Part 8 (commencing with Section 296) to
Division 2 of   Section 6347 to  the Family Code,
relating to family law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1407, as amended, Atkins. Family law: protective orders:
wireless telephone numbers.
   Existing law authorizes a court to issue an ex parte protective
order enjoining a party from engaging in specified acts against
another party, including, among other things, threatening or
harassing that party. Existing law also authorizes a court to include
these protective orders and other orders in a judgment entered in
specified proceedings, including, among others, a proceeding for the
dissolution of marriage. A violation of these court orders
constitutes contempt of court, which is punishable as a misdemeanor.
   This bill would, commencing July 1, 2016, additionally authorize a
court,  during the pendency of specified proceedings, or in
a judgment entered in those specified proceedings,  
after notice and a hearing,  to issue an order directing a
wireless telephone service provider to transfer the billing
responsibility and rights to a wireless telephone number or numbers
to a requesting party. The bill would require that order to be a
separate order directed to the wireless telephone service provider
that lists the name and billing telephone number of the
accountholder, the name and contact information of the person to whom
the number or numbers will be transferred, and each number to be
transferred to that person. The bill would require, upon transfer of
billing responsibility for and rights to a wireless telephone number,
the requesting party to assume all financial responsibility for the
transferred wireless telephone number, monthly service costs, and
costs for any mobile device associated with the wireless telephone
number. The bill would prohibit a cause of action against a wireless
telephone service provider, its officers, employees, or agents, for
actions taken in accordance with the terms of the court order. The
bill would require the Judicial Council to, on or before July 1,
2016, develop any forms or rules necessary to effectuate these
provisions.
   By expanding the scope of an existing crime, the bill would impose
a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) For many victims of domestic violence, a wireless telephone is
their lifeline to the community resources, life-saving services, and
support network they need to leave their batterer and abusive
environment. For the majority of victims, shelter in a confidential
safehouse is a last resort, and, in fact, unnecessary. Victims are
going about their lives, working, and taking care of their children,
as they are making plans and determining their next steps to safely
leave their abuser. Many victims are able to access counseling
services and obtain legal assistance, such as securing a restraining
order, without entering into a safehouse. For these victims, a
wireless telephone serves as a critical tool for making appointments
and communicating with their advocates.
   (b) Allowing a victim of domestic violence to retain the use of an
existing wireless telephone number and access to the contacts and
other information that may be contained in an existing wireless
telephone is important for both the safety and emotional support of
the victim. This can be a problem if the domestic violence victim is
not the accountholder for the wireless telephone, as only an
accountholder has the authority to release the telephone number or
numbers contained in the account.
   (c) According to a Wall Street Journal article, in 2011 just under
71 percent of households had a landline in the home, down from a
little more than 96 percent of households 15 years earlier. Cellular
telephone ownership among adults reached 89 percent in 2011, up from
approximately 36 percent in 1998. 
   (d) When two parties are divorced, for safety reasons, a custodial
parent may need to monitor a child's cellular telephone. This
practice would be impossible when the accountholder for the wireless
telephone is not the custodial parent.  
  SEC. 2.    Part 8 (commencing with Section 296) is
added to  Division 2 of the Family Code, to read:

      PART 8.  Wireless Telephone Numbers


   296.  
   SEC. 2.    Section 6347 is added to the  
Family Code   , to read: 
    6347.   (a) Commencing July 1, 2016, in order to ensure
that the requesting party can maintain an existing wireless telephone
number, and the wireless numbers of any minor children in the care
of the requesting party, the court may issue an order, after 
a noticed motion and hearing during the pendency of a proceeding
described in subdivision (f), or include an order in a judgment in a
proceeding described in subdivision (f),   notice and a
hearing  directing a wireless telephone service provider to
transfer the billing responsibility for and rights to the wireless
telephone number or numbers to the requesting party, if the
requesting party is not the accountholder.
   (b) (1) The order transferring billing responsibility for and
rights to the wireless telephone number or numbers to a requesting
party shall be a separate order that is directed to the wireless
telephone service provider. The order shall list the name and billing
telephone number of the accountholder, the name and contact
information of the person to whom the telephone number or numbers
will be transferred, and each telephone number to be transferred to
that person. The court shall ensure that the contact information of
the requesting party is not provided to the accountholder in
proceedings held pursuant to Division 10 (commencing with Section
6200).
   (2) The order shall be served on the wireless service provider's
agent for service of process listed with the Secretary of State.
   (3)  Whenever it is impossible for   Where
 the wireless service provider  to   cannot
 operationally or technically effectuate the order due to
certain circumstances, including, but not limited to, any of the
following, the wireless service provider shall notify the requesting
party within 72 hours of receipt of the order:
   (A) When the accountholder has already terminated the account.
   (B) When differences in network technology prevent the
functionality of a device on the network.
   (C) When there are geographic or other limitations on network or
service availability.
   (c) (1) Upon transfer of billing responsibility for and rights to
a wireless telephone number to a requesting party pursuant to
subdivision (b) by a wireless telephone service provider, the
requesting party shall assume all financial responsibility for the
transferred wireless telephone number, monthly service costs, and
costs for any mobile device associated with the wireless telephone
number.
   (2) This section shall not preclude a wireless service provider
from applying any routine and customary requirements for account
establishment to the requesting party as part of this transfer of
billing responsibility for a wireless telephone number and any
devices attached to that number, including, but not limited to,
identification, financial information and customer 
preferences, except that the wireless service provider shall not
charge the requesting party with any initiation or start-up fee.
  preferences. 
   (d) This section shall not affect the ability of the court to
apportion the assets and debts of the parties as provided for in law.

   (e) No cause of action shall lie against any wireless telephone
service provider, its officers, employees, or agents, for actions
taken in accordance with the terms of a court order issued pursuant
to this section. 
   (f) This section applies to proceedings held pursuant to any of
the following:  
   (1) Division 6 (commencing with Section 2000).  
   (2) Division 8 (commencing with Section 3000).  
   (3) Division 10 (commencing with Section 6200).  

   (g) 
    (   f)  The Judicial Council shall, on or
before July 1, 2016, develop any forms or rules necessary to
effectuate this section.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.