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SENATE BILL 1088 (BOWEN-2005)

CHAPTER 489, STATUTES OF 2005

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As enacted, Senate Bill 1088 amended Family Code section 1818 and added Family Code section 216 relating to family law.  (See Exhibit #1h)  Senator Debra Bowen introduced Senate Bill 1088 on her own initiative on February 22, 2005.  (See Exhibits #1a and #3, page 6)

 

Senate Bill 1088 was assigned to the Senate Committee on Judiciary and the Assembly Committee on Judiciary where policy issues raised by the bill were considered.  (See Exhibits #3 and #7)  The fiscal ramifications of the bill was considered by the Assembly Committee on Appropriations.  (See Exhibit #8)  Six amendments were made to Senate Bill 1088.  (See Exhibits #1b through #1g and #2)  Subsequent to legislative approval, Governor Arnold Schwarzenegger signed Senate Bill 1088 on October 4, 1995, and it was recorded by the Secretary of State on Chapter 489 of the Statutes of 1995.  (See Exhibits #1h and #2)

 

As introduced, Senate Bill 1088 was a “spot bill” relating to family law.  (See Exhibit #1a) “Spot Bills” are basically “bookmarks” for a later incorporation of a lengthier legislative proposal once its terms are finalized.  It assures that legislative time frames for the introduction and consideration of bills are timely met. The first amendments to Senate Bill 1088 incorporated new language regarding ex parte communications in family law.  (See Exhibit #1b)

 

The following digest found in the Office of Senate Floor Analyses Unfinished Business analysis of Senate Bill 1088 as last amended stated:

 

This bill requires the Judicial Council to adopt a rule limiting ex parte communication in family court.

 

Assembly Amendments (1) generally recast the bill with the same intent as it left the Senate and now requires the Judicial Council to adopt a rule limiting ex parte communications in family court and (2) add co-authors.

(See Exhibit #10, page 1)