Bill Text: CA SB826 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Civil law: omnibus bill.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Passed) 2013-07-03 - Chaptered by Secretary of State. Chapter 61, Statutes of 2013. [SB826 Detail]

Download: California-2013-SB826-Amended.html

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BILL NUMBER: SB 826	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2013

INTRODUCED BY   Committee on Judiciary (Senators Evans (Chair),
Anderson, Corbett, Jackson, Leno, Monning, and Walters)

                        MARCH 21, 2013

   An act  to amend Section 3202 of the Family Code,  
and to amend Section 8200 of the Probate Code,   relating to
civil law.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 826, as amended, Committee on Judiciary. Civil law: omnibus
bill. 
   (1) Existing law requires the custodian of a will, within 30 days
after having knowledge of the death of the testator, unless a
petition for probate of the will is earlier filed, to deliver the
will to the clerk of the superior court of the county in which the
estate of the decedent may be administered and to mail a copy of the
will to the executor or a beneficiary, as specified. Existing law
imposes a fee for delivering a will to the clerk of the superior
court and requires reimbursement of this fee from the estate if an
estate is commenced for the dependent named in the will.  
   This bill would revise this provision to require reimbursement of
the fee from the estate if an estate is commenced for the decedent
named in the will.  
   (2) Existing law requires compliance with the Uniform Standards of
Practice for Providers of Supervised Visitation for supervised
visitation and exchange programs.  
   This bill would make a technical correction to a reference to this
standard.  
   Existing law, the Civil Code, is composed of 4 divisions relating
to persons, property, obligations, and general provisions relating to
persons, property, and obligations.  
   This bill would declare the intent of the Legislature to enact
technical and noncontroversial statutory changes relating to civil
law. 
   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 3202 of the   Family
Code   is amended to read: 
   3202.  (a) All supervised visitation and exchange programs funded
pursuant to this chapter shall comply with all requirements of the
Uniform Standards of Practice for Providers of Supervised Visitation
set forth in  Section 26.2   Standard 5.20 
of the Standards of Judicial Administration as amended. The family
law division of the superior court may contract with eligible
providers of supervised visitation and exchange services, education,
and group counseling to provide services under this chapter.
   (b) As used in this section, "eligible provider" means:
   (1) For providers of supervised visitation and exchange services,
a local public agency or nonprofit entity that satisfies the Uniform
Standards of Practice for Providers of Supervised Visitation.
   (2) For providers of group counseling, a professional licensed to
practice psychotherapy in this state, including, but not limited to,
a licensed psychiatrist, licensed psychologist, licensed clinical
social worker, licensed marriage and family therapist, or licensed
professional clinical counselor; or a mental health intern working
under the direct supervision of a professional licensed to practice
psychotherapy.
   (3) For providers of education, a professional with a bachelor's
or master's degree in human behavior, child development, psychology,
counseling, family-life education, or a related field, having
specific training in issues relating to child and family development,
substance abuse, child abuse, domestic violence, effective
parenting, and the impact of divorce and interparental conflict on
children; or an intern working under the supervision of that
professional.
  SEC. 2.    Section 8200 of the   Probate Code
  is amended to read: 
   8200.  (a) Unless a petition for probate of the will is earlier
filed, the custodian of a will shall, within 30 days after having
knowledge of the death of the testator, do both of the following:
   (1) Deliver the will to the clerk of the superior court of the
county in which the estate of the decedent may be administered.
   (2) Mail a copy of the will to the person named in the will as
executor, if the person's whereabouts is known to the custodian, or
if not, to a person named in the will as a beneficiary, if the person'
s whereabouts is known to the custodian.
   (b) A custodian of a will who fails to comply with the
requirements of this section  is   shall be
 liable for all damages sustained by any person injured by the
failure.
   (c) The clerk shall release a copy of a will delivered under this
section for attachment to a petition for probate of the will or
otherwise on receipt of payment of the required fee and either a
court order for production of the will or a certified copy of a death
certificate of the decedent.
   (d) The fee for delivering a will to the clerk of the superior
court pursuant to paragraph (1) of subdivision (a) shall be as
provided in Section 70626 of the Government Code. If an estate is
commenced for the  dependent   decedent 
named in the will, the fee for any will delivered pursuant to
paragraph (1) of subdivision (a) shall be reimbursable from the
estate as an expense of administration. 
  SECTION 1.    It is the intent of the Legislature
to enact technical and noncontroversial statutory changes relating to
civil law.