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SENATE BILL 2005 (DEUKMEJIAN – 1976)

CHAPTER 762, STATUTES OF 1976

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Former Civil Code Section 4800 was amended in 1976 following legislative passage of Senate Bill 2005.   (See Exhibit #1c)   Senate Bill 2005, a single-issue bill only proposing amendments to Civil Code section 4800, was introduced by Senator George Deukmejian on March 24, 1976 at the request of the State Bar of California.  (See Exhibits #1a and #4, document SP-1) 


 


Senate Bill 2005 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 #6)  One amendment was made to Senate Bill 2005.  (See Exhibit #1b)  Subsequent to legislative approval, Governor Edmund G.  Brown Jr., signed Senate Bill 2005 on September 4, 1976, and it was recorded by the Secretary of State on September 7, 1976 as Chapter 762 of the Statutes of 1976.  (See Exhibits #1c and #2)


 


The Senate Committee on Judiciary analysis of the bill as introduced indicated that the purpose of this legislation was to “[m]ore equitably divide community property assets in a dissolution of marriage.”  (See Exhibit #3, page 1)


 


The legislative bill file for the Senate Committee contains an analysis produced by the California State Bar, the sponsor of this measure, which provides further discussion regarding the purpose of this statute:


 


The amendment would permit a judge after a showing of good cause to deviate from the general rule of valuation at time of trial.  Assets and liabilities could be valued at separation or another appropriate time in order to achieve an equal division of community property in the most equitable manner.


(See Exhibit #4, document SP-2)