BILL NUMBER: SB 589 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Block
FEBRUARY 26, 2015
An act to amend Section 1826 Sections
2102, 2150, 2208, and 2209 of the Elections Code, and to amend
Sections 1823, 1826, 1828, 1851, and 1910 of the Probate Code,
relating to conservatorships voting .
LEGISLATIVE COUNSEL'S DIGEST
SB 589, as amended, Block. Conservatorships.
Voting: voter registration: individuals with disabilities and
conservatees.
(1) Existing law requires that a person be registered as a voter
by affidavit of registration and provides that a properly executed
registration is deemed effective if it is received on or before the
15th day before an election to be held in the registrant's precinct.
Existing law requires the affidavit of registration to show certain
information of the affiant and requires the affiant to certify the
content of the affidavit as to its truth and correctness, under
penalty of perjury, with the signature of the affiant's name and the
date of signing, except that if the affiant is unable to write, a
mark or cross must be used to sign the affidavit.
This bill would authorize an individual with a disability who is
otherwise qualified to vote to complete an affidavit of registration
with reasonable accommodations as needed. The bill would also
authorize an individual with a disability who is under a
conservatorship to be registered to vote if he or she has not been
disqualified from voting. The bill would authorize an affiant who is
an individual with a disability to complete the affidavit of
registration with reasonable accommodations as needed. The bill would
find and declare that by explicitly adding the concept of reasonable
accommodation to state laws on voter qualification, the bill brings
the state into compliance with federal standards.
(2) Existing law deems a person mentally incompetent, and
therefore disqualified from voting if, during certain proceedings
including conservatorship proceedings, the court finds that the
person is incapable of completing an affidavit of voter registration.
Existing law, in certain conservatorship proceedings heard by a
jury, requires the jury to unanimously find that the person is
incapable of completing an affidavit of registration before the
person is disqualified from voting. If an order establishing a
conservatorship is made and in connection with the order it is found
that the person is incapable of completing an affidavit of voter
registration, existing law requires the court to forward the order
and determination to the county elections official of the person's
county of residence. Existing law, during the yearly or biennial
review of certain conservatorships, requires the court investigator
to review the person's capability of completing an affidavit of voter
registration and, if the conservatee's capability of completing the
affidavit of voter registration changes, requires the court
investigator to inform the court and the court to hold a hearing
regarding that capability.
This bill would instead require that a person be presumed
competent to vote, regardless of his or her conservatorship status,
and would require that a person be deemed mentally incompetent, and
therefore disqualified from voting if, during certain proceedings
including conservatorship proceedings, the court finds by clear and
convincing evidence that the person cannot communicate, with or
without reasonable accommodations, a desire to participate in the
voting process. In certain conservatorship proceedings heard by a
jury, the bill would require the jury to instead unanimously find by
clear and convincing evidence that the person cannot communicate,
with or without reasonable accommodations, a desire to participate in
the voting process before the person is disqualified from voting.
The bill would also require an order establishing a conservatorship
to instead find by clear and convincing evidence that the person
cannot communicate, with or without reasonable accommodations, a
desire to participate in the voting process before the court is
required to forward the order and determination to the county
elections official of the person's county of residence. The bill,
during the yearly or biennial review of certain conservatorships,
would instead require the court investigator to review the person's
capability of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, and if
the conservatee's capability of communicating that desire has
changed, would require the court investigator to inform the court and
the court to hold a hearing regarding that capability.
(3) Existing law regulates the terms and conditions of
conservatorships and requires a court clerk, if a conservatorship
petition is filed by a person other than the proposed conservatee, to
issue a citation to the proposed conservatee that includes, among
other things, a statement that the proposed conservatee may be
disqualified from voting if he or she is incapable of completing an
affidavit of voter registration, and a statement that the proposed
conservatee will not be disqualified from voting if he or she would
need to complete the affidavit by signing it with a mark, cross, or
signature stamp, or with the assistance of another person. Existing
law requires a court hearing on a petition for the appointment of a
conservator and requires a court investigator, before the court
hearing and as part of periodic review after the appointment of the
conservator to, among other things, determine if the proposed
conservatee is incapable of completing an affidavit of voter
registration, as specified, and may be disqualified from voting.
Existing law provides that a conservatee is not disqualified from
voting on the basis that he or she would need to complete the
affidavit by signing it with a mark, cross, or signature stamp, or
with the assistance of another person.
This bill would require the court clerk's citation to the proposed
conservatee, as described above, to instead include a statement that
the proposed conservatee may be disqualified from voting if he or
she is incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, and a
statement that the proposed conservatee will not be disqualified from
voting if he or she would also need to complete the affidavit with
reasonable accommodations. The bill would require the court
investigator, before the court hearing and as part of periodic
reviews after the appointment of a conservator to, among other
things, instead determine whether the proposed conservatee is
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, and
may be disqualified from voting. The bill would also provide that a
conservatee is not disqualified from voting on the basis that he or
she would need to complete the affidavit with reasonable
accommodations. By requiring local officials to perform additional
duties, the bill would impose a state-mandated local program.
(4) This bill would also make technical, nonsubstantive changes to
these provisions.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Existing law regulates the terms and conditions of
conservatorships and requires a court investigator, among other
things, to determine whether the proposed conservatee is not capable
of completing an affidavit of voter registration, as specified, and
may be disqualified from voting.
This bill would further specify that the court investigator is
required to determine whether the proposed conservatee is not capable
of completing an affidavit of voter registration with or without
appropriate assistance.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that
federal disability nondiscrimination laws, including Title II of the
federal American with Disabilities Act, entitle people with
disabilities to reasonable accommodations, as needed, to participate
in public activities such as voting. The Legislature further finds
and declares that by explicitly adding the concept of reasonable
accommodation to California laws on voter qualification, this act
brings the state into compliance with federal standards.
SEC. 2. Section 2102 of the Elections
Code , as amended by Section 5 of Chapter 909 of the Statu
tes of 2014, is amended to read:
2102. (a) A person may shall not be
registered as a voter except by affidavit of registration. The
affidavit shall be mailed or delivered to the county elections
official and shall set forth all of the facts required to be shown by
this chapter. A properly executed affidavit of
registration shall be deemed effective upon receipt of the affidavit
by the county elections official if received on or before the 15th
day prior to before an election to be
held in the registrant's precinct. A properly executed affidavit
of registration shall also be deemed effective upon receipt of
the affidavit by the county elections official if any of the
following apply:
(1) The affidavit is postmarked on or before the 15th day
prior to before the election and received by
mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg
(52 U.S.C. Sec. 20501 et seq.) on or before the 15th day
prior to before the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraphs (1) and (2) on or
before the 15th day prior to before the
election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to before the
election.
(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
(1) The affidavit is signed on the same date or a date
prior to before the signing of the petition or
paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.
(d) An individual with a disability who is otherwise qualified to
vote may complete an affidavit of registration with reasonable
accommodations as needed.
(e) An individual with a disability who is under a conservatorship
may be registered to vote if he or she has not been disqualified
from voting.
SEC. 3. Section 2102 of the Elections
Code , as amended by Section 6.5 of Chapter 909 of the
Statutes of 2014, is amended to read:
2102. (a) A person shall not be registered as a voter except by
affidavit of registration. The affidavit shall be mailed or delivered
to the county elections official and shall set forth all of the
facts required to be shown by this chapter. A properly executed
affidavit of registration shall be deemed effective upon
receipt of the affidavit by the county elections official if received
on or before the 15th day prior to before
an election to be held in the registrant's precinct. A properly
executed affidavit of registration shall also be deemed
effective upon receipt of the affidavit by the county elections
official if any of the following apply:
(1) The affidavit is postmarked on or before the 15th day
prior to before the election and received by
mail by the county elections official.
(2) The affidavit is submitted to the Department of Motor Vehicles
or accepted by any other public agency designated as a voter
registration agency pursuant to the federal National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg
(52 U.S.C. Sec. 20501 et seq.) on or before the 15th day
prior to before the election.
(3) The affidavit is delivered to the county elections official by
means other than those described in paragraph
paragraphs (1) and (2) on or before the 15th day
prior to before the election.
(4) The affidavit is submitted electronically on the Internet Web
site of the Secretary of State pursuant to Section 2196 on or before
the 15th day prior to before the
election.
(b) For purposes of verifying a signature on a recall, initiative,
or referendum petition or a signature on a nomination paper or any
other election petition or election paper, a properly executed
affidavit of registration shall be deemed effective for verification
purposes if both of the following conditions are satisfied:
(1) The affidavit is signed on the same date or a date
prior to before the signing of the petition or
paper.
(2) The affidavit is received by the county elections official on
or before the date on which the petition or paper is filed.
(c) Notwithstanding any other law to the contrary, the affidavit
of registration required under this chapter shall not be taken under
sworn oath, but the content of the affidavit shall be certified as to
its truthfulness and correctness, under penalty of perjury, by the
signature of the affiant.
(d) A person who is at least 16 years of age and otherwise meets
all eligibility requirements to vote may submit his or her affidavit
of registration as prescribed by this section. A properly executed
affidavit of registration made pursuant to this
subdivision shall be deemed effective as of the date the affiant will
be 18 years of age, if the information in the affidavit of
registration is still current at that time. If the information
provided by the affiant in the affidavit of registration is not
current at the time that the affidavit of registration
would otherwise become effective, for his or her registration to
become effective, the affiant shall provide the current information
to the proper county elections official as prescribed by this
chapter.
(e) An individual with a disability who is otherwise qualified to
vote may complete an affidavit of registration with reasonable
accommodations as needed.
(f) An individual with a disability who is under a conservatorship
may be registered to vote if he or she has not been disqualified
from voting.
SEC. 4. Section 2150 of the Elections
Code , as amended by Section 8 of Chapter 1 of the
Statutes of 2009, is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail email address,
if furnished. No A person shall
not be denied the right to register because of his or her
failure to furnish a telephone number or e-mail
email address, and shall be so advised on the voter
registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the
extent that If the state has a computerized list
in effect under this subdivision paragraph
and the list assigns unique identifying numbers to registrants,
the number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether
if the affiant has been registered at another
address, under another name, or as preferring another party. If the
affiant has been so registered, he or she shall give an additional
statement giving that address, name, or party.
(b) The affiant shall certify the content of the affidavit of
registration as to its truth
truthfulness and correctness, under penalty of perjury, with
the signature of his or her name and the date of signing. If the
affiant is unable to write he or she shall sign with a mark or cross.
An affiant who is an individual with a disability
may complete the affidavit with reasonable accommodations as needed.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant may not be denied the ability to register because he
or she declines to state his or her ethnicity or race.
(d) If any a person, including a
deputy registrar, assists the affiant in completing the
affidavit, affidavit of registration, that
person shall sign and date the affidavit below the signature of the
affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials
prior to before printing new or revised forms
that reflect the changes made to this section by the act
that added this subdivision. Chapter 508 of the
Statutes of 2007.
SEC. 5. Section 2150 of the Elections
Code , as amended by Section 3 of Chapter 619 of the
Statutes of 2014, is amended to read:
2150. (a) The affidavit of registration shall show:
(1) The facts necessary to establish the affiant as an elector.
(2) The affiant's name at length, including his or her given name,
and a middle name or initial, or if the initial of the given name is
customarily used, then the initial and middle name. The affiant's
given name may be preceded, at affiant's option, by the designation
of Miss, Ms., Mrs., or Mr. A person shall not be denied the right to
register because of his or her failure to mark a prefix to the given
name and shall be so advised on the voter registration card. This
subdivision shall not be construed as requiring the printing of
prefixes on an affidavit of registration.
(3) The affiant's place of residence, residence telephone number,
if furnished, and e-mail email address,
if furnished. A person shall not be denied the right to register
because of his or her failure to furnish a telephone number or
e-mail email address, and shall be so
advised on the voter registration card.
(4) The affiant's mailing address, if different from the place of
residence.
(5) The affiant's date of birth to establish that he or she will
be at least 18 years of age on or before the date of the next
election. In the case of an affidavit of registration submitted
pursuant to subdivision (d) of Section 2102, the affiant's date of
birth to establish that he or she is at least 16 years of age.
(6) The state or country of the affiant's birth.
(7) (A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license number.
(B) In the case of any other applicant, other than an applicant to
whom subparagraph (C) applies, the last four digits of the applicant'
s social security number.
(C) If an applicant for voter registration has not been issued a
current and valid driver's license or a social security number, the
state shall assign the applicant a number that will serve to identify
the applicant for voter registration purposes. To the
extent that If the state has a computerized list
in effect under this subdivision paragraph
and the list assigns unique identifying numbers to registrants,
the number assigned under this subparagraph shall be the unique
identifying number assigned under the list.
(8) The affiant's political party preference.
(9) That the affiant is currently not imprisoned or on parole for
the conviction of a felony.
(10) A prior registration portion indicating whether the affiant
has been registered at another address, under another name, or as
preferring another party. If the affiant has been so registered, he
or she shall give an additional statement giving that address, name,
or party.
(b) The affiant shall certify the content of the affidavit of
registration as to its truth
truthfulness and correctness, under penalty of perjury, with
the signature of his or her name and the date of signing. If the
affiant is unable to write he or she shall sign with a mark or cross.
An affiant who is an individual with a disability may complete
the affidavit with reasonable accommodations as needed.
(c) The affidavit of registration shall also contain a space that
would enable the affiant to state his or her ethnicity or race, or
both. An affiant shall not be denied the ability to register because
he or she declines to state his or her ethnicity or race.
(d) If a person, including a deputy registrar, assists the affiant
in completing the affidavit, affidavit of
registration, that person shall sign and date the affidavit
below the signature of the affiant.
(e) The affidavit of registration shall also contain a space to
permit the affiant to apply for permanent vote by mail status.
(f) The Secretary of State may continue to supply existing
affidavits of registration to county elections officials
prior to before printing new or revised forms
that reflect the changes made to this section by the act
that added this subdivision. Chapter 508 of the
Statutes of 2007.
SEC. 6. Section 2208 of the Elections
Code is amended to read:
2208. (a) A person is presumed competent to vote regardless
of his or her conservatorship status. A person shall be deemed
mentally incompetent, and therefore disqualified from voting, if,
during the course of any of the proceedings set forth below, the
court finds that the person is not capable of completing an
affidavit of voter registration in accordance with Section 2150
by clear and convincing evidence that the person
cannot communicate, with or without reasonable accommodations, a
desire to participate in the voting process, and any of the
following apply:
(1) A conservator for the person or the person and estate is
appointed pursuant to Division 4 (commencing with Section 1400) of
the Probate Code.
(2) A conservator for the person or the person and estate is
appointed pursuant to Chapter 3 (commencing with Section 5350) of
Part 1 of Division 5 of the Welfare and Institutions Code.
(3) A conservator is appointed for the person pursuant to
proceedings initiated under Section 5352.5 of the Welfare and
Institutions Code, the person has been found not competent to stand
trial, and the person's trial or judgment has been suspended pursuant
to Section 1370 of the Penal Code.
(4) A person has plead not guilty by reason of insanity, has been
found to be not guilty pursuant to Section 1026 of the Penal Code,
and is deemed to be gravely disabled at the time of judgment as
defined in paragraph (2) of subdivision (h) of Section 5008 of the
Welfare and Institutions Code.
(b) If the proceeding under the Welfare and Institutions Code is
heard by a jury, the jury shall unanimously find that the
person is not capable of completing an affidavit of voter
registration by clear and convincing evidence that the
person cannot communicate, with or without reasonable
accommodations, a desire to participate in the voting process
before the person shall be disqualified from voting.
(c) If an order establishing a conservatorship is made and in
connection with the order it is found by clear and convincing
evidence that the person is not capable of completing
an affidavit of voter registration, cannot
communicate, with or without reasonable accommodations, a desire to
participate in the voting process, the court shall forward the
order and determination to the county elections official of the
person's county of residence.
(d) A person shall not be disqualified from voting pursuant to
this section on the basis that he or she does, or would need to do,
any of the following to complete an affidavit of voter registration:
(1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150.
(2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5.
(3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150.
(4) Completes the affidavit of voter registration with reasonable
accommodations.
SEC. 7. Section 2209 of the Elections
Code is amended to read:
2209. (a) For conservatorships established pursuant to Division 4
(commencing with Section 1400) of the Probate Code, the court
investigator shall, during the yearly or biennial review of the
conservatorship as required by Chapter 2 (commencing with Section
1850) of Part 3 of Division 4 of the Probate Code, review the person'
s capability of completing an affidavit of voter
registration in accordance with Section 2150.
communicating, with or without reasonable accommodations, a desire to
participate in the voting process.
(b) (1) If the person had been disqualified from voting by
reason of being i ncapable of communicating, with or
without reasonable accommodations, a desire to participate in the
voting process, or by reason of being incapable of completing
an affidavit of voter registration, the court investigator shall
determine whether if the person
has become capable of completing the affidavit in accordance
with Section 2150 and subdivision (d) of Section 2208,
is capable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process,
and the investigator shall so inform the court.
(2) If the investigator finds that the person is capable
of completing the affidavit in accordance with Section 2150 and
subdivision (d) of Section 2208, incapable of
communicating, with or without reasonable accommodations, a desire to
participate in the voting process, the court shall hold a
hearing to determine whether the person is in fact capable
of completing the affidavit. If if, by clear and
convincing evidence, the person cannot communicate, with or without
reasonable accommodations, a desire to participate in the voting
process. Unless the person is found to be capable of
completing the affidavit, incapable of communicating
that desire, the person's right to register to vote shall be
restored, and the court shall so notify the county elections
official.
(c) If the person had not been found to be incapable of
completing an affidavit of voter registration, and the court
investigator determines that the person is no longer capable of
completing the affidavit in accordance with Section 2150 and
subdivision (d) of Section 2208, has not been found
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process, and
the court investigator determines that the person is no longer
capable of communicating that desire, the investigator shall so
notify the court. The court shall hold a hearing to determine
whether the person is capable of completing an affidavit of
voter registration in accordance with Section 2150 and subdivision
(d) of Section 2208. if, by clear and convincing
evidence, the person cannot communicate, with or without reasonable
accommodations, a desire to participate in the voting process.
If the court determines that the person is not so able,
cannot communicate that desire, the court shall
order the person to be disqualified from voting pursuant to Section
2208, and the court shall so notify the county elections official.
SEC. 8. Section 1823 of the Probate
Code is amended to read:
1823. (a) If the petition is filed by a person other than the
proposed conservatee, the clerk shall issue a citation directed to
the proposed conservatee setting forth the time and place of hearing.
(b) The citation shall include a statement of the legal standards
by which the need for a conservatorship is adjudged as stated in
Section 1801 and shall state the substance of all of the following:
(1) The proposed conservatee may be adjudged unable to provide for
personal needs or to manage financial resources and, by reason
thereof, a conservator may be appointed for the person or estate, or
both.
(2) Such adjudication may affect or transfer to the conservator
the proposed conservatee's right to contract, in whole or in part, to
manage and control property, to give informed consent for medical
treatment, and to fix a residence.
(3) (A) The proposed conservatee may be disqualified from voting
pursuant to Section 2208 of the Elections Code if he or she is
not capable of completing an affidavit of voter registration
in accordance with Section 2150 of the Elections Code.
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.
(B) The proposed conservatee shall not be disqualified from voting
on the basis that he or she does, or would need to do, any of the
following to complete an affidavit of voter registration:
(i) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
(ii) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
(iii) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
(iv) Completes the affidavit of voter registration with reasonable
accommodations.
(4) The court or a court investigator will explain the nature,
purpose, and effect of the proceeding to the proposed conservatee and
will answer questions concerning the explanation.
(5) The proposed conservatee has the right to appear at the
hearing and to oppose the petition, and in the case of an alleged
developmentally disabled adult, to oppose the petition in part, by
objecting to any or all of the requested duties or powers of the
limited conservator.
(6) The proposed conservatee has the right to choose and be
represented by legal counsel and has the right to have legal counsel
appointed by the court if unable to retain legal counsel.
(7) The proposed conservatee has the right to a jury trial if
desired.
SECTION 1. SEC. 9. Section 1826 of
the Probate Code is amended to read:
1826. (a) Regardless of whether the
proposed conservatee attends the hearing, the court investigator
shall do all of the following:
(a)
(1) Conduct the following interviews:
(1)
(A) The proposed conservatee personally.
(2)
(B) All petitioners and all proposed conservators who
are not petitioners.
(3)
(C) The proposed conservatee's spouse or registered
domestic partner and relatives within the first degree. If the
proposed conservatee does not have a spouse, registered domestic
partner, or relatives within the first degree, to the greatest extent
possible, the proposed conservatee's relatives within the second
degree.
(4)
(D) To the greatest extent practical and taking into
account the proposed conservatee's wishes, the proposed conservatee's
relatives within the second degree not required to be interviewed
under paragraph (3), subparagraph (C),
neighbors, and, if known, close friends.
(b)
(2) Inform the proposed conservatee of the contents of
the citation, of the nature, purpose, and effect of the proceeding,
and of the right of the proposed conservatee to oppose the
proceeding, to attend the hearing, to have the matter of the
establishment of the conservatorship tried by jury, to be represented
by legal counsel if the proposed conservatee so chooses, and to have
legal counsel appointed by the court if unable to retain legal
counsel.
(c)
(3) Determine whether if
it appears that the proposed conservatee is unable to attend
the hearing and, if able to attend, whether the proposed conservatee
is willing to attend the hearing.
(d)
(4) Review the allegations of the petition as to why
the appointment of the conservator is required and, in making his or
her determination, do the following:
(1)
(A) Refer to the supplemental information form
submitted by the petitioner and consider the facts set forth in the
form that address each of the categories specified in paragraphs (1)
to (5), inclusive, of subdivision (a) of Section 1821.
(2)
(B) Consider, to the extent practicable, whether he or
she believes the proposed conservatee suffers from any of the mental
function deficits listed in subdivision (a) of Section 811 that
significantly impairs the proposed conservatee's ability to
understand and appreciate the consequences of his or her actions in
connection with any of the functions described in subdivision (a) or
(b) of Section 1801 and identify the observations that support that
belief.
(e)
(5) Determine whether if
the proposed conservatee wishes to contest the establishment of the
conservatorship.
(f)
(6) Determine whether if
the proposed conservatee objects to the proposed conservator or
prefers another person to act as conservator.
(g)
(7) Determine whether if
the proposed conservatee wishes to be represented by legal counsel
and, if so, whether the proposed conservatee has retained legal
counsel and, if not, the name of an attorney the proposed conservatee
wishes to retain.
(h) (1)
(8) (A) Determine
whether if the proposed conservatee is
not capable of completing an affidavit of voter registration
in accordance with Section 2150 of the Elections Code, with or
without appropriate assistance, incapable of
communicating, with or without reasonable accommodations, a desire to
participate in the voting process, and may be disqualified
from voting pursuant to Section 2208 of the Elections Code.
(2)
(B) The proposed conservatee shall not be disqualified
from voting on the basis that he or she does, or would need to do,
any of the following to complete an affidavit of voter registration:
(A)
(i) Signs the affidavit of voter registration with a
mark or a cross pursuant to subdivision (b) of Section 2150 of the
Elections Code.
(B)
(ii) Signs the affidavit of voter registration by means
of a signature stamp pursuant to Section 354.5 of the Elections
Code.
(C)
(iii) Completes the affidavit of voter registration
with the assistance of another person pursuant to subdivision (d) of
Section 2150 of the Elections Code.
(iv) Completes the affidavit of voter registration with reasonable
accommodations.
(i)
(9) If the proposed conservatee has not retained legal
counsel, determine whether if the
proposed conservatee desires the court to appoint legal counsel.
(j)
(10) Determine whether the appointment of legal counsel
would be helpful to the resolution of the matter or is necessary to
protect the interests of the proposed conservatee in any
a case where the proposed conservatee does not
plan to retain legal counsel and has not requested the appointment of
legal counsel by the court.
(k)
(11) Report to the court in writing, at least five days
before the hearing, concerning all of the foregoing, including the
proposed conservatee's express communications concerning both of the
following:
(1)
(A) Representation by legal counsel.
(2) Whether
(B) If the proposed conservatee
is not willing to attend the hearing, does not wish to contest the
establishment of the conservatorship, and does not object to the
proposed conservator or prefer prefers
that another person act as conservator.
(l)
(12) Mail, at least five days before the hearing, a
copy of the report referred to in subdivision (k)
paragraph (11) to all of the following:
(1)
(A) The attorney, if any, for the petitioner.
(2)
(B) The attorney, if any, for the proposed conservatee.
(3)
(C) The proposed conservatee.
(4)
(D) The spouse, registered domestic partner, and
relatives within the first degree of the proposed conservatee who are
required to be named in the petition for appointment of the
conservator, unless the court determines that the mailing will result
in harm to the conservatee.
(5)
(E) Any other persons as the court orders.
(m)
(b) The court investigator has discretion to release
the report required by this section to the public conservator,
interested public agencies, and the long-term care ombudsman.
(n)
(c) The report required by this section is confidential
and shall be made available only to parties, persons described in
subdivision (l), paragraph (12) of
subdivision (a), persons given notice of the petition who have
requested this report or who have appeared in the proceedings, their
attorneys, and the court. The court has discretion at any other time
to release the report, if it would serve the interests of the
conservatee. The clerk of the court shall provide for the limitation
of the report exclusively to persons entitled to its receipt.
(o)
(d) This section does not apply to a proposed
conservatee who has personally executed the petition for
conservatorship, or one a proposed
conservatee who has nominated his or her own conservator, if he
or she attends the hearing.
(p)
(e) If the court investigator has performed an
investigation within the preceding six months and furnished a report
thereon to the court, the court may order, upon good cause shown,
that another investigation is not necessary or that a more limited
investigation may be performed.
(q) Any
(f) An investigation by the court
investigator related to a temporary conservatorship also may be a
part of the investigation for the general petition for
conservatorship, but the court investigator shall make a second visit
to the proposed conservatee and the report required by this section
shall include the effect of the temporary conservatorship on the
proposed conservatee.
(r)
(g) The Judicial Council shall, on or before January 1,
2009, adopt rules of court and Judicial Council forms as necessary
to implement an expedited procedure to authorize, by court order, a
proposed conservatee's health care provider to disclose confidential
medical information about the proposed conservatee to a court
investigator pursuant to federal medical information privacy
regulations promulgated under the federal Health Insurance
Portability and Accountability Act of 1996.
1996 (Public Law 104-191).
(s)
(h) A superior court shall not be required to perform
any duties imposed pursuant to the amendments to this section enacted
by Chapter 493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 10. Section 1828 of the Probate
Code is amended to read:
1828. (a) Except as provided in subdivision (c), prior
to before the establishment of a conservatorship
of the person or estate, or both, the court shall inform the
proposed conservatee of all of the following:
(1) The nature and purpose of the proceeding.
(2) The establishment of a conservatorship is a legal adjudication
of the conservatee's inability properly to provide for the
conservatee's personal needs or to manage the conservatee's own
financial resources, or both, depending on the allegations made and
the determinations requested in the petition, and the effect of such
an adjudication on the conservatee's basic rights.
(3) (A) The proposed conservatee may be disqualified from voting
pursuant to Section 2208 of the Elections Code if he or she is
not capable of completing an affidavit of voter registration
in accordance with Section 2150 of the Elections Code.
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process.
(B) The proposed conservatee shall not be disqualified from voting
on the basis that he or she does, or would need to do, any of the
following to complete an affidavit of voter registration:
(i) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
(ii) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
(iii) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
(iv) Completes the affidavit of voter registration with reasonable
accommodations.
(4) The identity of the proposed conservator.
(5) The nature and effect on the conservatee's basic rights of any
order requested under Chapter 4 (commencing with Section 1870), and
in the case of an allegedly developmentally disabled adult, the
specific effects of each limitation requested in such order.
(6) The proposed conservatee has the right to oppose the
proceeding, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
(b) After the court so informs the proposed conservatee and
prior to before the establishment of
the conservatorship, the court shall consult the proposed conservatee
to determine the proposed conservatee's opinion concerning all of
the following:
(1) The establishment of the conservatorship.
(2) The appointment of the proposed conservator.
(3) Any order requested under Chapter 4 (commencing with Section
1870), and in the case of an allegedly developmentally disabled
adult, of each limitation requested in such order.
(c) This section does not apply where both of the following
conditions are satisfied:
(1) The proposed conservatee is absent from the hearing and is not
required to attend the hearing under subdivision (a) of Section
1825.
(2) Any showing required by Section 1825 has been made.
SEC. 11. Section 1851 of the Probate
Code is amended to read:
1851. (a) (1) If court review is required pursuant to Section
1850, the court investigator shall, without prior notice to the
conservator except as ordered by the court for necessity or to
prevent harm to the conservatee, visit the conservatee. The court
investigator shall inform the conservatee personally that the
conservatee is under a conservatorship and shall give the name of the
conservator to the conservatee. The court investigator shall
determine all of the following:
(A) Whether If the conservatee
wishes to petition the court for termination of the conservatorship.
(B) Whether If the conservatee is
still in need of the conservatorship.
(C) Whether If the present
conservator is acting in the best interests of the conservatee. In
determining whether if the conservator
is acting in the best interests of the conservatee, the court
investigator's evaluation shall include an examination of the
conservatee's placement, the quality of care, including physical and
mental treatment, and the conservatee's finances. To the extent
practicable, the investigator shall review the accounting with a
conservatee who has sufficient capacity. To the greatest extent
possible, the court investigator shall interview individuals set
forth in paragraph (1) of subdivision (a) of Section 1826,
in order to determine if the conservator is acting in the best
interests of the conservatee.
(D) (i) Whether the conservatee is not capable of
completing an affidavit of voter registration in accordance with
Section 2150 of the Elections Code If the
conservatee is incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process
and may be disqualified from voting pursuant to Section 2208 or 2209
of the Elections Code.
(ii) The conservatee shall not be disqualified from voting on the
basis that he or she does, or would need to do, any of the following
to complete an affidavit of voter registration:
(I) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
(II) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
(III) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
(IV) Completes the affidavit of voter registration with reasonable
accommodations.
(2) If the court has made an order under Chapter 4 (commencing
with Section 1870), the court investigator shall determine
whether if the present condition of the
conservatee is such that the terms of the order should be modified or
the order revoked.
(3) Upon request of the court investigator, the conservator shall
make available to the court investigator during the investigation for
inspection and copying all books and records, including receipts and
any expenditures, of the conservatorship.
(b) (1) The findings of the court investigator, including the
facts upon which the findings are based, shall be certified in
writing to the court not less than 15 days prior to
before the date of review. A copy of the report
shall be mailed to the conservator and to the attorneys of record for
the conservator and conservatee at the same time it is certified to
the court. A copy of the report, modified as set forth in paragraph
(2), also shall be mailed to the conservatee's spouse or registered
domestic partner, the conservatee's relatives in the first degree,
and if there are no such relatives, to the next closest relative,
unless the court determines that the mailing will result in harm to
the conservatee.
(2) Confidential medical information and confidential information
from the California Law Enforcement Telecommunications System shall
be in a separate attachment to the report and shall not be provided
in copies sent to the conservatee's spouse or registered domestic
partner, the conservatee's relatives in the first degree, and if
there are no such relatives, to the next closest relative.
(c) In the case of a limited conservatee, the court investigator
shall make a recommendation regarding the continuation or termination
of the limited conservatorship.
(d) The court investigator may personally visit the conservator
and other persons as may be necessary to determine whether
if the present conservator is acting in the best
interests of the conservatee.
(e) The report required by this section shall be confidential and
shall be made available only to parties, persons described in
subdivision (b), persons given notice of the petition who have
requested the report or who have appeared in the proceeding, their
attorneys, and the court. The court shall have discretion at any
other time to release the report if it would serve the interests of
the conservatee. The clerk of the court shall make provision
for limiting limit disclosure of the report
exclusively to persons entitled thereto to
the report under this section.
(f) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2007.
(g)
(f) A superior court shall not be required to perform
any duties imposed pursuant to the amendments to this section enacted
by Chapter 493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 12. Section 1910 of the Probate
Code is amended to read:
1910. (a) If the court determines the conservatee is not
capable of completing an affidavit of voter registration in
accordance with Section 2150 of the Elections Code,
incapable of communicating, with or without reasonable
accommodations, a desire to participate in the voting process,
the court shall by order disqualify the conservatee from voting
pursuant to Section 2208 or 2209 of the Elections Code.
(b) The conservatee shall not be disqualified from voting on the
basis that he or she does, or would need to do, any of the following
to complete an affidavit of voter registration:
(1) Signs the affidavit of voter registration with a mark or a
cross pursuant to subdivision (b) of Section 2150 of the Elections
Code.
(2) Signs the affidavit of voter registration by means of a
signature stamp pursuant to Section 354.5 of the Elections Code.
(3) Completes the affidavit of voter registration with the
assistance of another person pursuant to subdivision (d) of Section
2150 of the Elections Code.
(4) Completes the affidavit of voter registration with reasonable
accommodations.
SEC. 13. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because in that regard this act implements a
federal law or regulation and results only in costs mandated by the
federal government, within the meaning of Section 17556 of the
Government Code.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.