Bill Text: CA AB1945 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Enforcement of money judgments: exemptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 415, Statutes of 2014. [AB1945 Detail]

Download: California-2013-AB1945-Amended.html

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BILL NUMBER: AB 1945	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Wieckowski

                        FEBRUARY 19, 2014

   An act to amend Section  1418.6 of the Health and Safety
Code,    703.020 of the Code of Civil Procedure, 
relating  to long-term health care facilities.  
to civil   actions. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1945, as amended, Wieckowski.  Long-term health care
facilities.   Enforcement of money judgments:
exemptions.  
   Under existing law, certain property is exempted from enforcement
of money judgments. Existing law permits the spouse of a judgment
debtor to claim an exemption in the case of community property,
whether or not the spouse is also a judgment debtor under the
judgment.  
   This bill would also permit a domestic partner to claim an
exemption in the case of community property.  
   Under existing law, the State Department of Public Health
regulates the licensure and operation of various health facilities,
including long-term health care facilities. Existing law prohibits a
long-term health care facility from accepting or retaining a patient
for whom it cannot provide adequate care.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 703.020 of the   Code
of Civil Procedure   is amended to read: 
   703.020.  (a) The exemptions provided by this chapter apply only
to property of a natural person.
   (b) The exemptions provided in this chapter may be claimed by any
of the following persons:
   (1) In all cases, by the judgment debtor or a person acting on
behalf of the judgment debtor.
   (2) In the case of community property, by the spouse of the
judgment debtor, whether or not the spouse is also a judgment debtor
under the judgment. 
   (3) In the case of community property, by the domestic partner of
the judgment debtor, as defined in Section 297 of the Family Code,
whether or not the domestic partner is also a judgment debtor under
the judgment.  
  SECTION 1.    Section 1418.6 of the Health and
Safety Code is amended to read:
   1418.6.  A long-term health care facility shall not accept or
retain a patient for whom it cannot provide adequate care.