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Assembly Bill 759 (Friedman – 1990)

Chapter 79, Statutes of 1990 - AB 759

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The Probate Code was repealed and re-enacted, and sections from the Civil Code, Financial Code and Health and Safety Code were affected in 1990 following legislative passage of Assembly Bill 759, introduced by Assembly member Terry B. Friedman on February 21, 1989.  (See Exhibit A, #1a)  The measure was sponsored by the California Law Revision Commission [hereinafter referred to as “the Commission” or “the CLRC”].  (See Exhibit A, #7, page 3)

Assembly Bill 759 was assigned to the Assembly Committee on Judiciary and the Senate Committee on Judiciary for consideration of the policy issues raised by the bill.  (See Exhibit A, #3 and #7)  The bill was amended four times as it was considered by the Legislature.  (See Exhibit A, #1b through #1e and #2)  After approval by the Legislative Committees reviewing it, the measure was forwarded to the Governor on April 23, 1990.  Governor George Deukmejian signed the bill on May 1, 1990, and it was recorded by the Secretary of State on May 2, 1990 as Chapter 79 of the Statutes of 1990.  (See Exhibit A, #1f and #2) 

Assembly Bill 759 was a large measure whose purpose was to enact a new Probate Code, based upon all the various revisions made to the existing code since 1982 by the CLRC, the sponsor, and the Legislature.  (See Exhibit A, #3)

The comment by the Commission stated as follows:

. . . According to the sponsor, CLRC, this bill is the last step in the Probate Code revision process.  The repeal of the old Probate Code and enactment of a new code gets rid of the old chapters, obsolete comments, unnecessary history, and internal inconsistencies.

New comments are provided which track the history and source of each section and state the reasons for any substantive changes made by the CLRC since 1982.  
(See Exhibit A, #3b, pages 1 and 2)