Consumer protections: contracts and agreements to finance or secure a bail bond or immigration bond.
Summary
(1) Existing law requires a person engaged in a trade or business who negotiates primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, before entering into specified contracts or agreements, to deliver to the other party a translation of the contract or agreement in the language in which the contract or agreement was negotiated, including a loan or extension of credit secured other than by real property, or unsecured, for use primarily for personal, family, or household purposes. This bill would specify that "loan or extension of credit" includes a contract or agreement to finance or secure a bail bond or immigration bond for the release of a detained individual. (2) Existing law, the Consumers Legal Remedies Act, makes unlawful certain acts identified as unfair methods of competition and unfair or deceptive acts or practices undertaken by a person in a transaction for the sale or lease of goods or services to a consumer, and defines "services" and "consumer" for purposes of those provisions. This bill would include within the definition of "services" the securing or financing of a bail bond or immigration bond for the release of an individual from detention and would define "consumer" to include an individual who, for the purpose of their release or another person's release from detention, seeks or acquires services to finance or secure a bail bond or immigration bond. (3) Existing law, the Rosenthal Fair Debt Collection Practices Act, prohibits debt collectors from engaging in unfair or deceptive acts or practices in the collection of consumer debts and defines "consumer debt" and "consumer credit" for purposes of that act. This bill would include within the definition of "consumer debt" money owing from a transaction for services to finance or secure a bail bond or immigration bond for the release of a detained individual. (4) Existing law requires a creditor to deliver to a person a specified notice before the person is obligated on a consumer credit contract, and defines "consumer credit contract" for those purposes to include loans or extensions of credit secured by other than real property, or unsecured, for use primarily for personal, family, or household purposes. This bill would specify that "loans or extensions of credit" includes an agreement or contract between an individual and another party to finance or secure a bail bond or immigration bond for the release of an individual from detention. (5) The bill would state that all of the changes specified above are declaratory of existing law, would make a legislative finding and declaration to this effect, and would also make other legislative findings and declarations relating to bail bonds and immigration bonds.
Bill status
died
3 of 5 stages cleared
Introduction
Feb 2019
Committee Review
Jul 2019
Senate Passage
May 2019
Assembly Passage
Governor
Introduced Feb 15, 2019
Last action Jul 10, 2019
Floor votes · Senate May 21, 2019
How they voted
35–0
Passed
Total votes 35
May 21, 2019
D
Democratic27
100% Yea
R
Republican8
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
19
Key actions
5
Committee
7
Amendments
1
Jul 10, 2019
Committee
July 10 set for first hearing. Failed passage in committee. (Ayes 6. Noes 4.)
lower
Jul 2, 2019
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on INS. (Ayes 10. Noes 0.) (July 2).
lower
Jun 13, 2019
Committee
Referred to Coms. on JUD. and INS.
lower
May 21, 2019
Upper · Passed
Read third time. Passed. (Ayes 38. Noes 0. Page 1200.) Ordered to the Assembly.
upper
May 17, 2019
Upper · Passed
Read second time and amended. Ordered to second reading.
upper
May 17, 2019
Upper · Passed
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 1096.) (May 16).
upper
May 1, 2019
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 905.) (April 30). Re-referred to Com. on APPR.
upper
Apr 3, 2019
Committee
Re-referred to Coms. on JUD. and APPR.
upper
Feb 28, 2019
Committee
Referred to Com. on RLS.
upper
Feb 15, 2019
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Robert M. Hertzberg
DDemocratic
Co
Rob Bonta
DDemocratic
Co
Shirley N. Weber
DDemocratic
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