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AB-2008 Contracts: parental consent.(2019-2020)

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Date Published: 07/07/2020 09:00 PM
AB2008:v97#DOCUMENT

Amended  IN  Senate  July 07, 2020
Amended  IN  Assembly  March 11, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2008


Introduced by Assembly Member Cunningham

January 28, 2020


An act to add Section 6074.5 to the Business and Professions Code, relating to the State Bar of California. 1568.5 to the Civil Code, relating to contracts.


LEGISLATIVE COUNSEL'S DIGEST


AB 2008, as amended, Cunningham. State Bar of California: legal services: victims of human trafficking or domestic violence. Contracts: parental consent.
Existing law sets forth the requirements for establishing the consent of the parties to the formation of a contract.
This bill would, when consent from a parent or guardian is required by law, prohibit obtaining the consent through the minor.

The State Bar Act provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation. Existing law requires the State Bar to engage with local bar associations, legal aid organizations, veterans service providers, military service providers, and volunteer attorneys and to encourage those groups to provide legal services to veterans and service members and their families who otherwise cannot afford legal services, and requires the State Bar to provide related resources and educational materials to attorneys and the public in furtherance of those provisions.

This bill would additionally require the State Bar to ensure its internet website contains a link to a legal information and referral internet website that lists legal aid and nonprofit organizations that provide legal services to victims of human trafficking or victims of domestic violence. The bill would require the State Bar to inform all those legal aid or nonprofit organizations that receive funding from the State Bar of the importance of including information about its organization and services on the legal information and referral internet website.

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

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


SECTION 1.

 Section 1568.5 is added to the Civil Code, to read:

1568.5.
 Where parental consent is required by law, it shall not be obtained through the minor.

SECTION 1.Section 6074.5 is added to the Business and Professions Code, to read:
6074.5.

In order to provide the public with information about legal services that are available to victims of human trafficking and victims of domestic violence, the State Bar shall do both of the following:

(a)Ensure its internet website contains a link to a legal information and referral internet website that lists legal aid and nonprofit organizations that provide legal services to victims of human trafficking or victims of domestic violence.

(b)Inform all legal aid or nonprofit organizations that provide legal services to victims of human trafficking or victims of domestic violence and that receive funding from the State Bar of the importance of including information about its organization and services on the legal information and referral internet website referenced in subdivision (a).