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AB-360 The State Bar: pro bono legal assistance: veterans.(2017-2018)

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Date Published: 03/22/2017 04:00 AM
AB360:v98#DOCUMENT

Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 360


Introduced by Assembly Member Muratsuchi

February 08, 2017


An act to amend Section 890 of the Military and Veterans Code, relating to veterans. An act to add Section 6074 to the Business and Professions Code, relating to the State Bar.


LEGISLATIVE COUNSEL'S DIGEST


AB 360, as amended, Muratsuchi. Veterans: educational assistance: dependents. The State Bar: pro bono legal assistance: veterans.
The State Bar Act declares that it has been the tradition of those licensed to practice law in this state to provide voluntary pro bono legal services to those who cannot afford the help of a lawyer, and that, in view of their expertise in areas that critically affect the lives and well-being of members of the public, lawyers are uniquely situated to provide invaluable assistance in order to benefit those who might otherwise be unable to assert or protect their interests.
This bill would require the State Bar of California to administer a program to provide pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services.

Existing law defines “veterans” and “induction period” for the purposes of the various programs bestowing benefits upon veterans, including, among others, educational assistance for dependents of veterans.

This bill would make technical, nonsubstantive changes to those definitions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6074 is added to the Business and Professions Code, to read:

6074.
 (a) The State Bar shall administer a program to provide pro bono civil legal assistance to veterans and their families who otherwise cannot afford legal services.
(b) The State Bar shall engage in a collaborative effort with local bar associations, legal aid organizations, veterans service providers, and volunteer attorneys to host legal advice clinics throughout the state.
(c) The State Bar shall provide resources and educational materials to support the purposes of this section.
(d) Notwithstanding Section 11005 of the Government Code, the State Bar may accept donations of personal property, including cash or other gifts, to be used for the purposes of this section.

SECTION 1.Section 890 of the Military and Veterans Code is amended to read:
890.

For purposes of this article:

(a)“Veterans” means any of the following:

(1)Any person who served in the Army, Navy, or Marine Corps of the United States and was killed in action or died as a result of war service in the World War since April 6, 1917.

(2)Any member of the Army, Navy, Coast Guard, or Marine Corps of the United States, or any of their auxiliaries, including, but not limited to, the Philippine Commonwealth Army, the Regular Scouts (“Old Scouts”), and the Special Philippine Scouts (“New Scouts”), who was killed in action in World War II on or after December 7, 1941, and prior to January 1, 1947, or who died at any time as a result of war service during that period.

(3)Any member of the Armed Forces of the United States who was killed in action during any period of hostilities in which the United States is engaged, or who died or was totally disabled at any time as a result of active service during that period or during the induction period.

(4)Any person who, at the time of entry into the Armed Forces of the United States, was a resident of this state and was subsequently declared by the United States government to be missing in action, captured in the line of duty by hostile forces, or forcibly detained or interned in the line of duty by a foreign government or power.

(b)“Dependent of a veteran” means the natural or adopted child of a veteran, or stepchild of a veteran as defined by the United States Department of Veterans Affairs for compensation purposes, the unmarried surviving spouse of a veteran, or the spouse of a totally disabled veteran.

(c)“Induction period” means both of the following:

(1)The period beginning September 16, 1940, and ending December 6, 1941, and the period beginning January 1, 1947, and ending June 26, 1950.

(2)The period beginning February 1, 1955, and ending the day before the first day thereafter on which individuals (other than individuals liable for induction by reason of a prior deferment) are no longer liable for induction for training and service into the Armed Forces under the Universal Military Training and Service Act.