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Assembly Bill 16
An act to add Sections 274, 782.5, and 4324 to the Family Code, relating to civil actions.
Approved by Governor August 3, 1995. Filed with Secretary of State August 4, 1995
LEGISLATIVE COUNSEL'S DIGEST
AB 16, Rainey. Exemplary damages.
Existing law provides that where a married person is injured by his or her spouse, as specified, the
community property may not be used to discharge the liability of the tortfeasor spouse to the
injured spouse or the liability to make contribution to a joint tortfeasor until the separate property
of the tortfeasor spouse is exhausted, as specified. This bill would provide that, in addition to any
other remedy authorized by law, when a spouse is convicted of attempting to murder the other
spouse, as specified, the injured spouse shall be entitled to 100% of the community property
interest in his or her retirement and pension benefits, and a prohibition of specified support or
insurance benefits from the injured spouse to the other spouse, as specified. The bill would define
injured spouse for these purposes. The bill would also authorize a court to award attorney's fees
and costs in the form of a sanction i these cases, as specified.
274. (a) Notwithstanding any other provision of law, if the injured spouse is entitled to a remedy
authorized pursuant to Section 4324,the injured spouse shall be entitled to an award of reasonable
attorney's fees and costs as a sanction pursuant to this section. (b) An award of attorney's fees
and costs as a sanction pursuant to this section shall be imposed only after notice to the party
against whom the sanction is proposed to be imposed and opportunity for that party to be heard.
(c) An award of attorney's fees and costs as a sanction pursuant to this section is payable only
from the property or income of the party against whom the sanction is imposed, except that the
award may be against the sanctioned party's share of the community property. In order to obtain
an award under this section, the party requesting an award of attorney's fees and costs is not
required to demonstrate any financial need for the award.
782.5. In addition to any other remedy authorized by law, when a spouse is convicted of
attempting to murder the other spouse, as punishable pursuant to subdivision (a) of Section 664 of
the Penal Code, the injured spouse shall be entitled to an award to the injured spouse of 100
percent of the community property interest in the retirement and pension benefits of the injured
spouse.
4324. In addition to any other remedy authorized by law, when a spouse is convicted of
attempting to murder the other spouse, as punishable pursuant to subdivision (a) of Section 664 of
the Penal Code, the injured spouse shall be entitled to a prohibition of any temporary or
permanent award for spousal support or medical, life, or other insurance benefits or payments
from the injured spouse to the other spouse. As used in this section, "injured spouse" means the
spouse who has been the subject of the attempted murder for which the other spouse was
convicted, whether or not actual physical injury occurred.
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