Photo of Evan Low
D California Assembly · District 26 · Former member

Asm. Evan Low

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Total votes
21,773
all sessions
Attendance
96%
821 missed
Near the chamber average
With party
99%
of cast votes
Near the chamber average
Bipartisan score
0%
crosses aisle rarely
Near the chamber average
Sponsored
2,048
bills & resolutions
Higher than 78% of chamber peers
Committees
0
assignments
2,048 bills and resolutions

Sponsored bills

Total
2,048
Primary
290
Co-sponsor
1,758
This page
2,048
matching current filters
Co-sponsor AB 57
Signed into law · California Assembly · Co-sponsor
Law enforcement: hate crimes.

Existing law defines a "hate crime" as a criminal act committed, in whole or in part, because of actual or perceived characteristics of the victim, including, among other things, race, religion, disability, and sexual orientation. Existing law requires the Commission on Peace Officer Standards and Training (POST) to develop guidelines and a course of instruction and training for law enforcement officers addressing hate crimes. Existing law requires state law enforcement agencies to adopt a framework or other formal policy created by POST regarding hate crimes. Existing law requires any local law enforcement agency that adopts or updates a hate crime policy to include specified information in that policy, including information on bias motivation. This bill would include a statement of legislative findings and declarations and require the basic course curriculum on the topic of hate crimes to be developed in consultation with subject matter experts, as specified. The bill would, subject to an appropriation of funds for this purpose in the annual Budget Act or other statute, require POST to update the basic course to include the viewing of a specified video course developed by POST. The bill would also require POST to make the video available via the online learning portal, and would require all peace officers to complete specified training materials no later than one year after the commission makes the updated course available. The bill would require POST to develop and periodically update an interactive course on hate crimes for in-service peace officers, and require officers to take the course every 6 years. This bill would also require any local law enforcement agency that adopts or updates a hate crime policy to include specified information on recognizing religion-bias hate crimes, and would require those policies to include the discriminatory selection of victims as a form of bias motivation.

Signed into law Oct 8, 2021 1 co-sponsor
Co-sponsor AB 46
Signed into law · California Assembly · Co-sponsor
California Youth Empowerment Act.

Existing law establishes various social services and programs to address the needs of young people in this state including the California Youth Leadership Project to support and promote civic engagement through scholarships to disconnected and disadvantaged youth. This bill would create the California Youth Empowerment Act to address, among other issues, the growing need to engage youth directly with policymakers. The bill would establish the California Youth Empowerment Commission in state government consisting of 13 voting commissioners between 14 and 25 years of age and meeting specified requirements, with 11 members appointed by the Governor, one at-large member appointed by the Senate Committee on Rules, and one at-large member appointed by the Speaker of the Assembly, along with several ex officio, nonvoting members from various geographic regions of the state. The bill would establish the commission to be advisory in nature, for the main purpose of providing meaningful opportunities for civic engagement to improve the quality of life for California's disconnected and disadvantaged youth. The bill would require the commission to conduct regular meetings, in accordance with specified timeframes and procedures, and, among other duties, formally advise and make recommendations to the Legislature, the Superintendent of Public Instruction, and the Governor, on various legislative and fiscal issues affecting youth. The bill would also authorize the commission to draft and approve resolutions, draft model legislation, provide testimony during legislative committee meetings, conduct public hearings, and award prizes or direct grants to organizations. The bill would require the Governor to appoint an executive director of the California Youth Empowerment Commission to assist the commission in carrying out its work, would authorize the commission to accept gifts and grants, and would create the Youth Commission Fund in the State Treasury, with moneys deposited in the fund available for expenditure, upon appropriation by the Legislature, to carry out the duties of the commission. The bill would require that its provisions be implemented only if funds are made available in the budget or through gifts and grants. The bill would require the Department of Finance to determine if sufficient funds have been provided and would require the department to publish notice of this determination on its website.

Signed into law Oct 8, 2021 1 co-sponsor
Co-sponsor AB 407
Signed into law · California Assembly · Co-sponsor
Optometry: assistants and scope of practice.

Existing law prohibits any person, other than a physician and surgeon or optometrist, from measuring the powers or range of human vision or determining the accommodative and refractive status of the human eye or the scope of its functions in general or prescribing ophthalmic devices. Existing law provides that an assistant in any setting where optometry or ophthalmology is practiced who is acting under the direct responsibility and supervision of an ophthalmologist or optometrist may, among other things, perform tonometry and perform nonsubjective auto refraction in connection with subjective refraction procedures performed by an ophthalmologist or optometrist. This bill would permit such an assistant to perform nonsubjective auto refraction, to perform preliminary subjective refraction procedures in connection with finalizing subjective refraction procedures performed by an ophthalmologist or optometrist, subject to certain conditions, and to perform A scan and B scan ultrasound testing. Existing law, the Optometry Practice Act, establishes the California State Board of Optometry in the Department of Consumer Affairs for the licensure and regulation of the practice of optometry. Existing law provides that the practice of optometry includes various functions relating to the visual system and the treatment and management of certain disorders and dysfunctions of the visual system, as well as the provision of rehabilitative optometric services, and doing certain things, including, but not limited to, the examination of the human eye or eyes. Existing law further authorizes an optometrist who is certified to use therapeutic pharmaceutical agents, as specified, to diagnose and treat certain conditions including, among others, hypotrichosis and blepharitis. Existing law sets forth requirements for a certified optometrist to become certified in the administration of immunizations, as defined. Existing law specifies that a violation of the act is a misdemeanor punishable by fine or imprisonment, as provided. This bill would revise what comprises the practice of optometry, including specific practices a certified optometrist may engage in, and would specify exceptions or limitations to that practice. The bill would permit a certified optometrist to use or prescribe topical and oral prescription and nonprescription therapeutic pharmaceutical agents that are not controlled substances and are not antiglaucoma agents or otherwise limited or excluded, as described. The bill would permit a certified optometrist to administer authorized immunizations after meeting the immunization certification requirements. By changing the scope of a crime, the bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason. This bill would incorporate additional changes to Section 2544 of the Business and Professions Code proposed by AB 1534 to be operative only if this bill and AB 1534 are enacted and this bill is enacted last. This bill would, contingent upon the enactment of AB 691, make additional changes to Section 3041 of the Business and Professions Code relating to the diagnostic use of certain laboratory tests or examinations for detecting the presence of the SARS-CoV-2 virus and to immunization certification, to be operative only if this bill and AB 691 are enacted.

Signed into law Oct 8, 2021 1 co-sponsor
Co-sponsor AB 14
Signed into law · California Assembly · Co-sponsor
Communications: California Advanced Services Fund: deaf and disabled telecommunications program: surcharges.

(1) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law requires the commission to develop, implement, and administer the California Advanced Services Fund (CASF) to encourage deployment of high-quality advanced communications services to all Californians that will promote economic growth, job creation, and the substantial social benefits of advanced information and communications technologies. Existing law authorizes the commission to impose a surcharge to collect $330,000,000 for deposit into the CASF beginning January 1, 2018, and continuing through the 2022 calendar year. Existing law specifies the amount of surcharge revenues to be deposited into each account within the CASF, subject to appropriation by the Legislature. This bill would authorize the commission to impose the surcharge to fund the CASF until December 31, 2032, as specified. Existing law requires the commission, until April 1, 2023, to annually report specified information to the Legislature, including the remaining unserved areas in the state, the status of the CASF balance, and the projected amount to be collected in each year. This bill would require the commission to report that information in perpetuity. This bill would authorize the commission to require each internet service provider, as defined, to report specified information regarding each free, low-cost, income-qualified, or affordable internet service plan advertised by the provider. (2) Existing law requires the commission to require interconnected Voice over Internet Protocol service providers to collect and remit surcharges on their California intrastate revenues in support of specified public purpose program funds. Existing law authorizes those providers to use certain methodologies to identify their intrastate revenues subject to the surcharge. This bill would repeal that authorization to use those methodologies. (3) Existing law establishes the deaf and disabled telecommunications program and requires the commission to establish a rate recovery mechanism through a surcharge not to exceed 12 of 1% uniformly applied to a subscriber's intrastate telephone service, other than one-way radio paging service and universal telephone service, until January 1, 2025, to allow providers of equipment and service pursuant to that program to recover their costs as they are incurred. This bill would revise those requirements to instead require the commission to administer a surcharge to collect revenues of up to $100,000,000 per year until January 1, 2025, subject to annual appropriation of moneys by the Legislature, to allow providers of equipment and service pursuant to the deaf and disabled telecommunications program to recover their costs as they are incurred. (4) Under existing law, a violation of the Public Utilities Act or any order, decision, rule, direction, demand, or requirement of the commission is a crime. Because certain of the above provisions would be part of the act and a violation of a commission action implementing this bill's requirements would be a crime, the bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason. (5) This bill would become effective only if SB 4 of the 2021–22 Regular Session is enacted and takes effect on or before January 1, 2022. (6) This bill would declare that it is to take effect immediately as an urgency statute.

Signed into law Oct 8, 2021 1 co-sponsor
Co-sponsor AB 101
Signed into law · California Assembly · Co-sponsor
Pupil instruction: high school graduation requirements: ethnic studies.

(1) Existing law requires a pupil to complete designated coursework while in grades 9 to 12, inclusive, in order to receive a diploma of graduation from high school. These graduation requirements include, among others, the completion of 3 years of courses in English and 3 years of courses in social studies, including one-year courses in United States history and geography and world history, culture, and geography, a one-semester course in American government and civics, and a one-semester course in economics. Existing law requires the Instructional Quality Commission to develop, and the State Board of Education to adopt, modify, or revise, a model curriculum in ethnic studies. Existing law also encourages each school district and charter school that maintains any of grades 9 to 12, inclusive, and that does not otherwise offer a standards-based ethnic studies curriculum to offer, beginning in the school year following the adoption of the model curriculum, a course of study in ethnic studies based on the model curriculum. This bill would add the completion of a one-semester course in ethnic studies, meeting specified requirements, to the graduation requirements commencing with pupils graduating in the 2029–30 school year, including for pupils enrolled in a charter school. The bill would expressly authorize local educational agencies, including charter schools, to require a full-year course in ethnic studies at their discretion. The bill would require local educational agencies, including charter schools, to offer an ethnic studies course commencing with the 2025–26 school year, as specified. The bill would authorize, subject to the course offerings of a local educational agency, including a charter school, a pupil to satisfy the ethnic studies course requirement by completing either (A) a course based on the model curriculum in ethnic studies developed by the commission, (B) an existing ethnic studies course, (C) an ethnic studies course taught as part of a course that has been approved as meeting the A–G requirements of the University of California and the California State University, or (D) a locally developed ethnic studies course approved by the governing board of the school district or the governing body of the charter school. The bill would prohibit a course that does not use ethnic studies content as the primary content through which the subject is taught from being used to satisfy the ethnic studies course requirement. The bill would require a pupil who completes a course described above to also accrue credit for coursework in the subject that the course is offered, including, if applicable, credit towards satisfying a course required for a diploma of graduation from high school. These provisions would become operative only upon an appropriation of funds by the Legislature for these purposes in the annual Budget Act or another statute. Because the bill would add new duties to local educational agencies, it would constitute a state-mandated local program. (2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Signed into law Oct 8, 2021 1 co-sponsor
Co-sponsor AB 1171
Signed into law · California Assembly · Co-sponsor
Rape of a spouse.

(1) Existing law defines rape as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator under certain circumstances, including where the victim is incapable of giving legal consent because of a mental disorder or developmental or physical disability, where the victim is not aware of the essential characteristics of the act due to the perpetrator's fraudulent representation that the act serves a professional purpose, and where the victim submits to the act under the belief that the perpetrator is someone known to the victim other than the perpetrator, and the perpetrator intentionally and fraudulently induces that belief. Existing law separately defines rape of a spouse as an act of sexual intercourse accomplished with the spouse of the perpetrator under similar circumstances as nonspousal rape, except that spousal rape does not include acts of sexual intercourse accomplished under the specific circumstances described above. This bill would repeal the provisions relating to spousal rape and make conforming changes, thereby making an act of sexual intercourse accomplished with a spouse punishable as rape if the act otherwise meets the definition of rape, except that sexual intercourse with a person who is incapable of giving legal consent because of mental disorder or developmental or physical disability would not be rape if the 2 people are married. By changing the definition of a crime, this bill would impose a state-mandated local program. (2) Existing law authorizes an employer to request from the Department of Justice records of all convictions or any arrest pending adjudication for specified offenses for a person who applies for a license, employment, or volunteer position, in which the person would have supervisory or disciplinary power over a minor and requires the employer to notify the parent or guardian of a child if a person with specified convictions will have supervisory or disciplinary power over that child. Existing law exempts certain convictions, including spousal rape, from that notification requirement. This bill would remove the exemption for spousal rape or any other felony conviction and would instead exempt only misdemeanor convictions from that notification. The bill would make numerous conforming changes. (3) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 939 to be operative only if this bill and AB 939 are enacted and this bill is enacted last. (4) This bill would incorporate additional changes to Section 3044 of the Family Code proposed by SB 320 and AB 1579 to be operative only if this bill and SB 320, AB 1579, or both, are enacted and this bill is enacted last. (5) This bill would incorporate additional changes to Section 13956 of the Government Code proposed by SB 299 to be operative only if this bill and SB 299 are enacted and this bill is enacted last. (6) 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 no reimbursement is required by this act for a specified reason.

Signed into law Oct 7, 2021 1 co-sponsor
Co-sponsor AB 939
Signed into law · California Assembly · Co-sponsor
Sex offenses: evidence.

(1) Existing law prohibits, during the prosecution of specified sex crimes, the admission of evidence of the manner in which the victim was dressed, when offered by either the prosecution or the defendant on the issue of consent, unless the court finds the evidence relevant and admissible in the interests of justice. This bill would prohibit the court from admitting evidence, in the above circumstances, of the manner in which the victim was dressed, upon a finding that the evidence is relevant and admissible in the interests of justice. (2) This bill would incorporate additional changes to Section 1103 of the Evidence Code proposed by AB 1171 to be operative only if this bill and AB 1171 are enacted and this bill is enacted last. (3) The California Constitution provides that relevant evidence shall not be excluded in any criminal proceeding except as provided by statute enacted by a 23 vote of the membership of each house of the Legislature. Because this bill would limit the admissibility of evidence in criminal proceedings, it would require a 23 vote.

Signed into law Oct 5, 2021 1 co-sponsor
Co-sponsor SB 306
Signed into law · California Senate · Co-sponsor
Sexually transmitted disease: testing.

(1) Existing law authorizes a specified health care provider who diagnoses an STD, as specified, to prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to that patient's sexual partner or partners without examination of that patient's partner or partners. The Pharmacy Law provides for the licensure and regulation of pharmacists by the California State Board of Pharmacy. A violation of the Pharmacy Law is a crime. The Pharmacy Law requires a pharmacist to dispense a prescription in a container that, among other things, is correctly labeled with the name of the patient or patients. Existing regulation requires a pharmacist to ensure that a patient receives written notice of their right to consult with a pharmacist, when the patient or the patient's agent is not present. This bill would name the above practice "expedited partner therapy." The bill would require a health care provider to include "expedited partner therapy" or "EPT" on a prescription if the practitioner does not have the name of a patient's sexual partner, and would authorize a pharmacist to dispense an expedited partner therapy prescription and label the drug without an individual's name if the prescription includes "expedited partner therapy" or "EPT." The bill would specify that a health care provider is not liable in a medical malpractice action or professional disciplinary action, and that a pharmacist is not liable in a civil, criminal, or administrative action, if the health care provider's use of expedited partner therapy is in compliance with the law, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity. The bill would amend the Pharmacy Law to require a pharmacist to provide written notice that describes the right of an individual receiving expedited partner therapy to consult with a pharmacist about the medication and potential drug interactions. By expanding the scope of a crime, the bill would create a state-mandated local program. (2) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law requires a health care service plan contract or health insurance policy to provide coverage for reproductive and sexual health care services. This bill would require health care service plans and insurers to provide coverage for home test kits for sexually transmitted diseases, as defined, and the laboratory costs for processing those kits, that are deemed medically necessary or appropriate and ordered directly by a health care provider or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs. By expanding the definition of a crime, this bill would impose a state-mandated local program. (3) Existing law requires every licensed physician and surgeon or other person engaged in prenatal care of a pregnant woman, or attending the woman at the time of delivery, to obtain or cause to be obtained a blood specimen of the woman to test for syphilis at the time of the first professional visit or within 10 days thereafter. This bill would instead require every licensed health care professional engaged in providing prenatal care or attending a birthing patient at the time of delivery to provide syphilis screening and testing as outlined in the most recent guidelines published by the State Department of Public Health or other clinical guidelines. (4) Under existing law, the State Department of Public Health licenses, registers, and regulates clinical laboratories and various clinical laboratory personnel. Existing law authorizes an HIV counselor who receives specified training and works in specified counseling and testing sites to perform HIV, hepatitis C virus (HCV) , or combined HIV/HCV tests, including performing skin punctures for purposes of withdrawing blood for purposes of these tests, as specified. Under existing law, an HIV counselor must receive training directly from the Office of AIDS or work directly with HIV counseling staff that have been trained by the Office of AIDS or its agents. This bill would authorize an HIV counselor to also perform specified sexually transmitted disease (STD) tests. The bill would require an HIV counselor to demonstrate sufficient knowledge of HIV, HCV, and STDs to provide appropriate counseling and referrals to patients and to demonstrate proficiency in administering rapid HIV, HCV, and STD tests before administering those tests. The bill would also allow HIV counselors to receive HIV counseling training through a training course that has been certified by the Office of AIDS and would authorize that department to determine which tests are to be included in trainings. (5) Existing law provides for the Medi-Cal program, administered by the State Department of Health Care Services and under which qualified low-income individuals receive health care services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions. Existing law prohibits a Medi-Cal managed care plan from restricting a beneficiary's choice of a qualified provider from whom the beneficiary may receive covered family planning services. Under existing law, the Medi-Cal program administers the Family Planning, Access, Care, and Treatment (Family PACT) Program within the department to provide comprehensive clinical family planning services to a person with a family income at or below 200% of the federal poverty level. Existing law authorizes the department, subject to appropriation and draw down of federal matching funds, to provide reimbursement for sexually transmitted disease related services as part of the Family PACT Program. The bill would, under specified conditions, include in the benefits for Medi-Cal and the Family PACT program home test kits for sexually transmitted diseases and the laboratory testing required to process those kits that are deemed medically necessary or appropriate and ordered directly by a health care provider or furnished through a standing order for patient use based on clinical guidelines and individual patient health needs. (6) 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 no reimbursement is required by this act for a specified reason.

Signed into law Oct 4, 2021 1 co-sponsor
Primary AB 789
Signed into law · California Assembly · Lead sponsor
Health care services.

Existing law provides for the licensure and regulation of health facilities and clinics, including primary care clinics, by the State Department of Public Health. A violation of these provisions is a crime. This bill would require an adult patient receiving primary care services in a facility, clinic, unlicensed clinic, center, office, or other setting, as specified, to be offered a screening test for hepatitis B and hepatitis C to the extent these services are covered under the patient's health insurance, based on the latest screening indications recommended by the United States Preventive Services Task Force, unless the health care provider reasonably believes certain conditions apply that include, among others, the patient lacks the capacity to consent to the screening test. The bill would also require the health care provider to offer the patient followup health care or refer the patient to a health care provider who can provide followup health care if the screening test is positive, as specified. The bill would prohibit a health care provider who fails to comply with these provisions from being subject to any disciplinary action related to their licensure or certification, or to any civil or criminal liability for that failure. By expanding the scope of a crime applicable to the health care settings described above, this bill would impose a state-mandated local program. 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 no reimbursement is required by this act for a specified reason.

Signed into law Oct 4, 2021 0 co-sponsors
Primary AB 1194
Signed into law · California Assembly · Lead sponsor
Conservatorship.

Existing law, the Guardianship-Conservatorship Law generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law, the Professional Fiduciaries Act, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries. The act defines a "professional fiduciary" as, among other things, a person who acts as a guardian or conservator of the person, the estate, or the person and estate, for 2 or more individuals at the same time who are not related to the professional fiduciary or to each other. Existing law requires the court to be guided by what appears to be the best interests of the proposed conservatee in selecting a conservator, and sets forth an order of preference for appointment if there are multiple persons equally qualified to be the conservator. This bill would require a professional fiduciary with an internet website to post a schedule of the range of fees on their internet website and would require a professional fiduciary without an internet website to provide that schedule, as specified. The bill would require the bureau to impose specified sanctions on a professional fiduciary's license upon a finding of a violation of applicable statutes or regulations, a breach of fiduciary duty where there is a finding of serious financial or physical harm or mental suffering, or that the professional fiduciary has engaged in defined acts of abuse, as specified. If the court finds that a conservator who is a professional fiduciary has abused a conservatee, the bill would make the conservator liable for a civil penalty of up to $10,000 for each separate act of abuse, payable to the estate of the conservatee. The bill would make a conservator who is not a professional fiduciary who abuses a conservatee liable for civil penalties of up to $1,000 for each separate act of abuse, payable to the estate of the conservatee. This bill would require the bureau to investigate specified allegations and would authorize the bureau to impose upon a professional fiduciary, as a sanction for violation of their duties, a restitution order, as specified. The bill would require the bureau to revoke a professional fiduciary's license if the person knowingly, intentionally, or willfully violated a legal duty or breached a fiduciary duty to a client or if the person caused serious physical or financial harm or mental suffering to a client through gross negligence or gross incompetence. Existing law conditioned upon an appropriation by the Legislature a requirement that a court investigator undertake specified actions regarding a proposed conservatee, including interviewing the proposed conservatee. Existing law authorizes specified persons to petition the court to take specified actions regarding a conservatorship. This bill would, also contingent upon an appropriation, revise the information that a court investigator is required to gather and review and the determinations the investigator is required to make. The bill would authorize an interested person, as defined, with personal knowledge of a conservatee to petition the court to investigate an allegation of physical abuse or financial abuse of a conservatee by a conservator, and would require the court to investigate those allegations that establish a prima facie case of abuse. Existing law requires the court to appoint the public defender or private counsel to represent interests of a conservatee, proposed conservatee, or person alleged to lack legal capacity who is unable to retain legal counsel and requests the appointment of counsel to assist them in particular proceedings that include, among others, proceedings to establish a conservatorship or to remove the conservator, whether or not that person lacks or appears to lack legal capacity. The law also requires the court to appoint the public defender or private counsel in these proceedings to represent the interests of a conservatee or proposed conservatee who does not plan to retain legal counsel and has not requested the court to appoint legal counsel, if the court determines that the appointment would be helpful to the resolution of the matter or is necessary to protect the interests of the conservatee or proposed conservatee based on information contained in the court investigator's report or obtained from any other source, whether or not that person lacks or appears to lack legal capacity. This bill would, instead, require the court to appoint the public defender or private counsel if the conservatee or proposed conservatee has not retained legal counsel and does not plan to retain legal counsel. The bill would generally require the court to allow representation by an attorney for whom a conservatee, proposed conservatee, or person alleged to lack legal capacity expresses a preference, even if the attorney is not on the court's list of court-appointed attorneys, unless the counsel cannot provide zealous advocacy or has a conflict of interest. The bill would specify that the role of legal counsel for a conservatee, proposed conservatee, or person alleged to lack legal capacity is that of a zealous, independent advocate, observing specified legal requirements. Existing law prescribes the process for petitioning to terminate a conservatorship or limited conservatorship or to appoint a new conservator. Existing law specifies a process for hearings on the termination or revision of conservatorships and the review of conservatorships. This bill would, contingent upon an appropriation by the Legislature in many cases, make various changes to those processes. The bill would require that the court, at specified hearings, consider terminating the conservatorship and would authorize the court in specified circumstances to modify the conservatorship so that the conservatorship is the least restrictive alternative needed for the protection of the conservatee. Existing law prohibits a guardian or trustee who is not a trust company from hiring or referring business to an entity in which the guardian or trustee has a financial interest, except upon authorization of the court. Existing law prohibits compensating a guardian or trustee from the estate for the costs or fees they incurred in unsuccessfully opposing a petition or other action made by or on behalf of a ward or conservatee, unless the court determines the opposition was made in good faith, based on the best interests of the ward or conservatee. If the court removes the guardian or conservatee for cause, existing law requires the court to award the petitioner for that removal the costs of the petition and other expenses and costs of litigation, unless the court determines the guardian or conservator acted in good faith, based on the best interests of the ward or conservatee. This bill would prohibit a guardian or trustee who is not a trust company, or an employee of such a guardian or conservator, to hire or refer business to an entity in which they have a financial interest. The bill would prohibit a guardian or conservator from being compensated from the estate for any costs or fees that they incurred in unsuccessfully defending their fee request petition, opposing a petition, or any other unsuccessful request or action made by, or on behalf of, the ward or conservatee. The bill would authorize the court to reduce the compensation requested in the petition if the court determines, by clear and convincing evidence, that the defense was made in good faith, was based on the best interest of the ward or conservatee, and did not harm the ward or conservatee. The bill would require the court to award the costs of the petition and other expenses and costs of litigation to a successful petitioner if a guardian or conservatee is removed for cause. The bill would require the Judicial Council to report to the Legislature, on or before January 1, 2024, regarding specified findings and recommendations on court effectiveness in conservatorship cases.

Signed into law Sep 30, 2021 0 co-sponsors
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