BILL NUMBER: AB 1407	AMENDED
	BILL TEXT

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

INTRODUCED BY   Assembly Member Atkins
    (   Coauthor:   Senator   Pan
  ) 

                        FEBRUARY 27, 2015

   An act to add Part 8 (commencing with Section 296) to Division 2
of 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  would, commencing July 1,
2016,  additionally authorize a court, during the pendency of
specified proceedings, or in a judgment entered in those specified
proceedings, to issue an order  requiring  
directing  a wireless telephone service provider to transfer the
billing responsibility and rights to a wireless telephone number or
numbers to a  petitioner.   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 costs associated with the wireless telephone number to be
removed from the respondent's bill and be billed to the petitioner.
  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  related to the
transfer of billing responsibility and rights to a wireless telephone
number or numbers  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.  
   (a) 
    (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. 
   (b) 
    (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. 
   (c) 
    (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  where   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.  (a)  In  Commencing July 1, 2016, in
 order to ensure that the  petitioner  
requesting party  can maintain an existing wireless telephone
number, and the wireless numbers of any minor children in the care of
the  petitioner,   requesting party,  the
court may issue an  order   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),  requiring 
 directing  a wireless telephone service provider to
transfer the billing responsibility  for  and rights to the
wireless telephone number or numbers to the  petitioner,
  requesting party,  if the  petitioner
  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  petitioner   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 the wireless service provider to
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  (a)
  (b)  by a wireless telephone service provider,
the  costs associated with the wireless telephone number,
including, but not limited to, monthly service fees and the cost of a
mobile device associated with the wireless telephone number, shall
be removed from the respondent's bill and shall be billed to the
petitioner. The petitioner shall be responsible for the payment of
those costs.   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. 
   (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)  A   No  cause of action shall
 not  lie against any wireless telephone service
provider, its officers, employees, or agents, for actions taken
 that are related to the transfer of the billing
responsibility for and rights to the wireless telephone number or
numbers  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) 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.