BILL NUMBER: SB 28	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wieckowski

                        DECEMBER 1, 2014

   An act to amend Section 4325 of the Family Code, relating to
spousal support.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 28, as introduced, Wieckowski. Spousal support factors:
domestic violence conviction.
   Existing law requires that in any proceeding for dissolution of
marriage where there is a criminal conviction for an act of domestic
violence perpetrated by one spouse against the other spouse entered
by the court within 5 years prior to the filing of the dissolution
proceeding, or at any time thereafter, there is a rebuttable
presumption affecting the burden of proof that any award of temporary
or permanent spousal support to the abusive spouse otherwise
awardable should not be made.
   This bill would provide that a plea of nolo contendere would
constitute a criminal conviction for the above purposes.
   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 4325 of the Family Code is amended to read:
   4325.  (a) In any proceeding for dissolution of marriage where
there is a criminal conviction for an act of domestic violence
perpetrated by one spouse against the other spouse entered by the
court within five years prior to the filing of the dissolution
proceeding, or at any time thereafter, there shall be a rebuttable
presumption affecting the burden of proof that any award of temporary
or permanent spousal support to the abusive spouse otherwise
awardable pursuant to the standards of this part should not be made.
   (b) The court may consider documented evidence of a convicted
spouse's history as a victim of domestic violence, as defined in
Section 6211, perpetrated by the other spouse, or any other factors
the court deems just and equitable, as conditions for rebutting this
presumption.
   (c) The rebuttable presumption created in this section may be
rebutted by a preponderance of the evidence. 
   (d) Notwithstanding Section 1016 of the Penal Code, a plea of nolo
contendere constitutes a criminal conviction for the purposes of
this section.