Bill Text: CA AB365 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Child custody proceedings: testimony by electronic means.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-13 - Chaptered by Secretary of State - Chapter 69, Statutes of 2015. [AB365 Detail]

Download: California-2015-AB365-Chaptered.html

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BILL NUMBER: AB 365	CHAPTERED
	BILL TEXT

	CHAPTER  69
	FILED WITH SECRETARY OF STATE  JULY 13, 2015
	APPROVED BY GOVERNOR  JULY 13, 2015
	PASSED THE SENATE  JUNE 25, 2015
	PASSED THE ASSEMBLY  APRIL 23, 2015
	AMENDED IN ASSEMBLY  MARCH 11, 2015

INTRODUCED BY   Assembly Member Cristina Garcia

                        FEBRUARY 17, 2015

   An act to add Section 3012 to the Family Code, relating to family
law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 365, Cristina Garcia. Child custody proceedings: testimony by
electronic means.
   Existing law authorizes the court in a child custody proceeding to
permit testimony by telephone, audiovisual means, or other
electronic means when a witness or party resides in another state.
Existing law also requires a court to permit a party to present
testimony and participate in court-ordered child custody mediation by
electronic means when the party's military deployment has a material
effect on his or her ability to appear in person, to the extent that
this technology is reasonably available to the court and protects
the due process rights of all parties.
   This bill would require the court to allow a party whose
deportation or detention by the federal Department of Homeland
Security materially effects his or her ability to appear in person at
a child custody proceeding to present testimony and evidence and
participate in mandatory child custody mediation by electronic means,
including telephone, video teleconferencing, or other means, to the
extent that this technology is reasonably available to the court and
protects the due process rights of all parties.


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

  SECTION 1.  Section 3012 is added to the Family Code, to read:
   3012.  (a) If a party's deportation or detention by the United
States Immigration and Customs Enforcement of the Department of
Homeland Security will have a material effect on his or her ability,
or anticipated ability, to appear in person at a child custody
proceeding, the court shall, upon motion of the party, allow the
party to present testimony and evidence and participate in mandatory
child custody mediation by electronic means, including, but not
limited to, telephone, video teleconferencing, or other electronic
means that provide remote access to the hearing, to the extent that
this technology is reasonably available to the court and protects the
due process rights of all parties.
   (b) This section does not authorize the use of electronic
recording for the purpose of taking the official record of these
proceedings.