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HomeMy WebLinkAboutMINUTES - 05161995 - S2 Contra Costa Count : - 4 TO: BOARD OF SUPERVISORS y COON FROM: Supervisor Tom Torlakson DATE: May 16, 1995 SUBJECT: CONSIDER ENDORSING ASSEMBLY BILL 16 (RAINEY) --------------------------------------------------------------------------------------------- -------------------- SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION: RECOMMENDED ACTION: Endorse Assembly Bill 16, introduced by Assemblyman Richard Rainey. Assembly Bill 16 provides for the protection of victims of attempted murder and other heinous crimes committed by spouses and prevents them from being further victimized during divorce proceedings. Direct the County Administrator to send a telegram in behalf of the Board of Supervisors to the members of the State Judiciary Committee indicating the Board's support for this legislation. BACKGROUND INFORMATION: Please reference the attached background information. CONTINUED ON ATTACHMENT: YES SIGNATURE: ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ) SIGNATURE(S) ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ACTION OF BOARD ON May 16 , 1995 APPROVED AS RECOMMENDED x OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 16 , 1995 PHIL BATCHELOR,CLERK OF THE BOARD OF CC: County Administrator SUPERVISORS AND COUNTY ADM TRATOR D BY 4 Al J DEPUTY ;T OAY-09-1995 00:40 SUPERVISOR TORLAKSON 5104278142 P.02/08 March 1, 1995 SEEKING YOUR SUPPORT FOR CALIFORNIA ASSEMBLY BILL 16 TO IMPROVE CALIFORNIA DIVORCE LAW Dear California Voter: On February 15, 1991, my husband attempted to murder me by ether asphyxiation. I had a physical battle for my life. He was convicted of first degree attempted murder, sentenced to five years in prison, and served only 20 months of that sentence. In preparation for the trial I discovered that he was not the retired rear admiral that he said he was. He was an impostor with a criminal record. I realized that during our eight year marriage he financially and mentally abused me. When I started divorce proceedings, I once again became the victim - the victim of the community property divorce laws of California and my husband's greed. It mattered not that my h. usb@nd had tried to murder me for-financial fain. JW was entitled to 50% of evecZh�obtained during the marriage. He was entitled to half of my oension plm. Based on the state formula, he was entitled to alimony from me. I was required to continue Raxna medical and �sr insuranrg for him until the divorce was final. I have incurred extra lawyer fees as he knit-picked about the list of personal property, as he stalled proceedings, and as he has ignored the final property settlement. Two years ago i started my campaign to change the divorce laws of California. I knew it would not help me but it would help future victims who find themselves in similar circumstances. I looked for support at different levels of state government. Assemblyman Richard Rainey, the former sheriff of Contra Costa County, agreed with me that the law needed to be changed. My bill is Assembly Bill 16 and is currently scheduled to be heard by the Judiciary Committee of the Assembly on May 17, 1995. Assembly Bill 16, as currently written, seeks to change both the Civil Code and the Family Code. As Assemblyman Rainey receives further legal opinions, the content of the bill may change to achieve the best legal protection for victims of attempted murder and other heinous crimes committed by spouses. I have included a copy of the present bill for your reference. Questions or comments can be directed to Kim Lasweil, Assemblyman Rainey's legislative aide, at 916-445-6161. Comments can also be faxed to her at 916-327-5297. At this time I ask for your support. If you, as a California voter, are tired of laws protecting criminals, please write to each member of the Judiciary Committee listed below. Let them know that you support Assembly Bill 16. Let them know you su--c t victim's rights, that you will no longer tolerate further victimization in the divorce courts of this state, that you will monitor their progress on this bill and see their actions as an indication of their stand on victim's rights. Let them know that since a murderer cannot profit from his victim's estate, so should an attempted murderer or batterer not profit from his crime in the divorce court. Let them know as soon as possible, prior to the hearing May 17th. I have attached a sample letter which you are welcome to copy. For those who choose not to write letters, I have also included a signature sheet to copy. It can be used to solicit support signatures, copied and then sent to each judiciary committee member. Assemblyman Rainey is included as he is the bill's sponsor. Please send him a copy of your correspondence so he can monitor the support from around the state. I also ask that you make copies of this request package and distribute it to your family, friends, and organizations. If an organization is not able to support the bill directly, members can still send individual letters as residents of California. Please help in this grassroots effort. Let your voice be heard. i MA1'-09-1995 00:41 SUPERVISOR TORLAKSON 5104278142 P.03i08 If you choose to attend the judiciary committee hearing on May 17th in Sacramento, please call Kim Laswell to confirm the date, room number and time. In the name of all crime victims further victimized by the divorce laws of California, 1 thank you for your support. Best regards, Barbara Bentley, P.O. Box 4002, Antioch, CA., 94531-4002 Add the name and room number to this address for each of the following: - California State Capitol Sacramento, California, 95814. Assemblyman Philip Isenberg . Assemblyman Bill Morrow Chairman, Judiciary Committee Vice-Chairman, Judiciary Committee Room 6005 Room 2111 FAX 916-324-4512 FAX 916-323-8318 Assemblyman Richard K. Rainey Assemblywoman Barbara Alby Sponsor of AS 16 Judiciary Committee Member Room 4139 Room 2160 FAX 916-327-5297 FAX 916-323-9411 Assemblywoman Marguerite Archie-Hudson Assemblyman Jim Battin Judiciary Committee Member Judiciary Committee Member Room 5016 Room 2002 FAX 916-323-9640 FAX 916-323-5190 Assemblywoman Liz Figueroa Assemblyman George House Judiciary Committee Member _ Judiciary Committee Member Room 5144 Room 4017 FAX 916-324-2936 FAX 916-445-7344 Assemblyman Howard Kaloogian Assemblyman William J. "Pete" Knight Judiciary Committee Member Judiciary Committee Member Room 2176 Room 4005 FAX 916-324-9991 FAX 916-327-1789 Assemblyman David Knowles Assemblyman Wally Knox Judiciary Committee Member Judiciary Committee Member Room 2196 Room 4112 FAX 916-327-2210 FAX 916-445-0119 Assemblywoman Shelia James Kuehl Assemblyman Kevin Murray Judiciary Committee Member Judiciary Committee Member Room 4164 Room 4167 FAX 916-324-4454 FAX 916-445-8899 Assemblyman Byron 0. Sher Judiciary Committee Member Room 2136 FAX 916-324-6974 MAY-09-1995 00:42 SUPERVISOR TORLAKSON 5104278142 P.04/08 am2 ed wa S 5 2: .6 46 . C 1) CA 16 M -).v. w a-0 C. a C6 j Q V.--0 12 fls_K .0 P6 2 6) ad C f-4 a 0 des a EZ A rz E ju 5 1 ,Cb vi— cz A t E :5,1 aU E jftcz� at 3—0 1. ;,,.-� 71P >-0 a B.S-cc zu Q 002 1-9 S a cw w.5 42 'd I 2L scl r, to t-r.40 m M�tot, cc 79 Z!2 111.J'Au 8 1 9t 1 .2 2 a*, w. 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In CC.$ Fq Z T-cl, &A "El 04 m Vp Lot�to T– m C4"'W kM ——————to——— 1-4 MAY-09-1995 00:43 SUPERVISOR TORLAKSON 5104278142 P.06/Oe Date: California State Assembly Judiciary Committee Member California State Capitol Sacramento, California, 95814. TO THE ATTENTION OF FUNCTION ROOM NO. FAX Assemblyman Philip Isenberg Chairman 6005 916-324-4512 Assembl man Sill Morrow Vice-Chair 2111 916-323-8318 Assemblyman Richard K. Rainey ABI 6 Sponsor 4139 916-327-S297 Assemblywoman Barbara Alby Member 2160 916-323-9411 Assemblvwoman Mar uerite Archie-Hudson Member 5016 916-323-9640 Assemblyman Jim Battin Member 2002 916-323-5190 Assemblywoman Liz Figueroa Member 5144 916-324-2936 Assemblyman George House Member 4017 916-445-7344 Asse,nbl man Howard Kaloo ian Member 2176 916-324-9991 Assemblyman William J. "Pete" Knight Member 4005 916-327-1789 Assemblyman David Knowles Member 2196 916-327-2210 Assemblyman Wally Knox Member 4112 916-445-0119 -Assemblywoman Shelia James Kuehl Member 4164 916-324-4454 Assemblyman Kevin MurrayMember 4167 916-445-8899 Assemblyman Byron D. Sher Member 2136 916-324-6974 RE: ASSEMBLY BILL 16 Dear Assembly Member: As a California voter, I am tired of laws protecting criminals. I urge you to support Assembly Bill 16 which seeks to prevent the victim of a heinous crime from being victimized again by the divorce laws of California. I support victim's rights. I am shocked that a convicted criminal perpertrator is favored in the divorce courts of this state. A murderer cannot profit from his victim's estate. I find it appalling that an attempted murderer or batterer is allowed to profit from his crime in the divorce court. 1 will monitor your progress on this bill and see your actions as an indication of your stand on victim's rights. In the name of all crime victims further victimized by the divorce laws of California, I thank you for your support. Best regards, Name: Address: _ _ MAY-09-1995 00:44 SUPERVISOR TORLAKSON 5104278142 P.07f08 California State Assembly Judiciary Committee Member California State Capitol Sacramento, California, 95814. TO THE ATTENTION OF FUNCTION ROOM NO. FAX Assemblyman Philip Isenberg Chairman 6005 916-324-4512 Assemblyman Bill Morrow Vice-Chair 2111 916-323-8318 Assemblyman Richard K. Rainey A81 Sponsor 4139 916-327-5297 Assemblywoman Barbara Alb Member 2160 916-3Z3-9411 Assemblywoman Marguerite Archie-Hudson Member 5016 916-323-9640 Assemblyman Jim Battin Member 2002 916-323-5190 Assemblywoman Vz Figueroa Member 5144 916-324-2936 Assembl man George Nouse Member 4017 916-445-7344 Assemblyman Howard Kaloo ian Member 2176 916-324-9991 Assemblyman William J. "Pete" Knight Member 4005 916-327-1789 Assemblyman David Knowles Member 2196 916-327-2210 Assemblyman Wally Knox Member 4112 916-445-0119 Assemblywoman Shelia,tames Kuehl Member 4164 916-324-4454 Assemblyman Kevirt-Murray Member 4167 916-445-8899 Assemblyman Byron D. Sher Member 2136 916-324-6974 RE: ASSEMBLY BILL 16 We, the undersigned California voters, are tired of laws protecting criminals. We urge you to support Assembly Bill 16 which seeks to prevent the victim of a heinous crime from being victimized again by the divorce laws of California. We support victim's rights. We are shocked that a convicted criminal perpetrator is favored in the divorce courts of this state_ A murderer cannot profit from his victim's estate. We find it appalling that an attempted murderer or batterer is allowed to profit from his crime in the divorce court. We will monitor your progress on this bill and see your actions as an indication of your stand on victim's rights. In the name of all crime victims further victimized by the , divorce laws of California, we thank you for your support. NAME i ADDRESS DATE 1. 2. 3. } 4. . 6. 7• i 8. 9. 10. - --------- - - 11. 12. 13. 14. 15. 16. 17. 18.