Piqui's Law: The Path from State & Federal Resolutions

CA SB331 is currently titled An act to amend Section 3190 of the Family Code and amend Section 68555 of the Government Code, relating to child custody. 

This act shall be known, and may be cited, as Piqui’s Law, the Keeping Children Safe from Family Violence Act.

It is now headed to the assembly floor for a vote.

 "Piqui's Resolution"was passed in 2018 CA HR113 and included this verbiage.

• "WHEREAS, Court reporters should be present to create records in all family law matters, particularly in domestic violence and contested custody cases; now, therefore, be it
• Resolved by the Assembly of the State of California, That all court-related professionals should be trauma-informed and trained in recognizing, evaluating, and understanding evidence and the impacts of domestic violence and child abuse; and be it further
• Resolved, That a court reporter should record all hearings in domestic violence and contested custody cases, and all litigants should have access to the court records; and be it further
• Resolved, That when a child witnesses domestic violence or is injured or abused, family courts should ensure that the safety of the child has priority over all other considerations in any custody or visitation decision....

According to the U.S. Senate website there are four types of legislation:

Chapter 1: Bills  - When bills are passed in identical form by both Chambers of Congress and signed by the president (or repassed by Congress over a presidential veto), they become laws.

Chapter 2: Joint Resolutions -  There is no real difference between a joint resolution and a bill. The joint resolution is generally used for continuing or emergency appropriations. Joint resolutions are also used for proposing amendments to the Constitution;

Chapter 3: Concurrent Resolutions - Concurrent resolutions, which are designated H.Con.Res. or S.Con.Res., and followed by a number, must be passed in the same form by both houses, but they do not require the signature of the president and do not have the force of law. Concurrent resolutions are generally used to make or amend rules that apply to both houses. They are also used to express the sentiments of both of the houses.

Chapter 4: Simple Resolutions - 

• A simple resolution addresses matters entirely within the prerogative of one house,....
• Simple resolutions are also used to express the sentiments of a single house
  • such as offering condolences to the family of a deceased member of Congress,
  • or it may give "advice" on foreign policy or other executive business. 
• Simple resolutions do not require the approval of the other house nor the signature of the president
• Do not have the force of law.

Example of a Federal resolution from 2018 addressing Child Safety 

HR 72  Now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that—

(1) child safety is the first priority of custody and parenting adjudications, and courts should resolve safety risks and claims of family violence first, as a fundamental consideration, before assessing other best interest factors;

(2) all evidence admitted in custody and parenting adjudications should be subject to evidentiary admissibility standards;

(3) evidence from court-affiliated or appointed fee-paid professionals regarding adult or child abuse allegations in custody cases should be admitted only when the professional possesses documented expertise and experience in the relevant types of abuse, trauma, and the behaviors of victims and perpetrators;

(4) States should define required standards of expertise and experience for appointed fee-paid professionals who provide evidence to the court on abuse, trauma and behaviors of victims and perpetrators, should specify requirements for the contents of such professional reports, and should require courts to find that any appointed professionals meet those standards;

(5) States should consider models under which court-appointed professionals are paid directly by the courts, with potential reimbursement by the parties after due consideration of the parties’ financial circumstances; and

(6) Congress should schedule hearings on family courts’ practices with regard to the objective, fair, and unbiased adjudication of children’s safety and civil rights.

Passed the House of Representatives September 25, 2018.

Piqui's Law - Remains in Committee as of June 1st | San Fernando Valley News Portal (town.news)

Piqui's Law - Will SB331 Get Lost in Committee Again 9/5/23 | San Fernando Valley News Portal (town.news)

More News from Los Angeles

• Simi Plane Crash: Pilots 'N Paws Volunteers Matthew and Paul Berkovitz, father & son, were "Pilots 'n Paws" aeronautical volunteers. The non-profit connects volunteer pilots with animal rescue groups in need of transport.
• Influx of Residents Leaves US "Nearly 25% of your gas money goes to state taxes and fees.”