BILL NUMBER: SB 857 CHAPTERED
BILL TEXT
CHAPTER 720
FILED WITH SECRETARY OF STATE OCTOBER 19, 2010
APPROVED BY GOVERNOR OCTOBER 19, 2010
PASSED THE SENATE OCTOBER 8, 2010
PASSED THE ASSEMBLY OCTOBER 7, 2010
AMENDED IN ASSEMBLY OCTOBER 7, 2010
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 11, 2010
An act to amend, repeal, and add Section 6322.1 of the Business
and Professions Code, to add and repeal Section 367.6 of the Code of
Civil Procedure, to amend Sections 12419.10, 25257, 25258, 25259,
70372, 76000, and 77206 of, to amend and repeal Section 70602 of, to
amend, repeal, and add Sections 70603 and 70617 of, to add Sections
25259.7, 25259.8, 25259.9, 25259.95, 68106, and 72010 to, and to add
and repeal Sections 68526, 70371.9, 70602.5, and 76000.3 of, and to
add, repeal, and add Section 72011 to, the Government Code, to amend
Sections 1214 and 1463.02 of, and to amend, repeal, and add Sections
1463.007 and 1465.8 of, the Penal Code, and to amend Sections 40510.5
and 42007 of, and to add Section 42008.7 to, the Vehicle Code,
relating to courts, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 857, Committee on Budget and Fiscal Review. Courts.
(1) Existing law specifies uniform fees for filing first papers in
connection with specified civil proceedings, and states the intent
of the Legislature to establish a moratorium on increases in filing
fees until January 1, 2012.
This bill would extend that moratorium until July 1, 2013, but
would impose a supplemental fee for filing first papers, until that
date, subject to reduction if the amount of the General Fund
appropriation to the Trial Court Trust Fund is decreased from the
amount appropriated in the 2010-11 fiscal year. The supplemental fees
collected pursuant to these provisions would be deposited into the
Trial Court Trust Fund. The bill would make other conforming changes.
(2) Existing law specifies various uniform fees for filing
specified documents in connection with certain civil proceedings. The
fee for filing a motion for summary judgment or summary adjudication
of issues is $200, and the fee for filing in the superior court an
application to appear as counsel pro hac vice is $250. Existing law
provides that the entire fee collected for the pro hac vice
application shall be transmitted to the state for deposit into the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund.
This bill, until July 1, 2013, would increase each of those fees
to $500, and would provide for 1/2 of the pro hac vice application
fee to be transmitted to the state for deposit into the Trial Court
Trust Fund. Until July 1, 2013, the bill also would require an
attorney whose application to appear as counsel pro hac vice has been
granted to pay an annual renewal fee of $500 for each year that the
attorney maintains pro hac vice status in the case in which the
application was granted. The entire renewal fee would be transmitted
to the state for deposit into the Trial Court Trust Fund.
(3) Existing law requires an added state court construction
penalty of $4.50 to be included in the total penalty, fine, or
forfeiture, of every parking offense for which a penalty, fine, or
forfeiture is imposed. Existing law requires those collected penalty
payments to be deposited monthly with the county treasurer who in
turn transmits those moneys to the Controller, as specified.
This bill would specify that in the event those payments were
deposited in a local courthouse construction fund and expended
pursuant to a specified provision, the county or processing agency
would not be liable for the failure to transmit that penalty to the
Controller during the 2008 calendar year.
The bill also would require the Judicial Council to conduct a
pilot program until July 1, 2013, to assess the benefits and impacts
of requiring all subcontractors with bids in excess of $500,000 to
pay for employee health expenses for construction field employees
working in California, and giving quality points to a proposing
construction manager at risk that pays for those employee health
expenses, as specified. The bill would require the Administrative
Office of the Courts to issue a report in connection with the pilot
program on or before July 1, 2015.
(4) Existing law provides that, in all general civil cases, except
as specified, a party that has provided notice may appear by
telephone at specified conferences, hearings, and proceedings.
Existing law establishes the Trial Court Trust Fund to fund trial
court operations, as specified.
This bill would require the Judicial Council, on or before July 1,
2011, to establish statewide, uniform fees to be paid by a party for
appearing by telephone, in addition to any other fees paid to
vendors and courts, as specified. The bill would provide that, until
July 1, 2013, if a vendor or court later receives a fee or a portion
of a fee for appearance by telephone that was previously waived, that
fee would be distributed, as specified. The bill would also require
the Judicial Council, on or before July 1, 2011, and periodically
thereafter as appropriate, to enter into one or more master
agreements with a vendor or vendors to provide for telephone
appearances in civil cases. The bill would limit the methods by which
a court may make telephone appearances available to a party.
The bill, until July 1, 2013, would also require each vendor or
court that provides for appearances by telephone to transmit $20, for
each fee received for providing telephone appearance services, to
the State Treasury for deposit in the Trial Court Trust Fund, except
as specified. Until July 1, 2013, the bill would require that if the
vendor or court receives a portion of the fee, as specified, the
vendor or court shall transmit only the proportionate share of the
amount, as specified. The bill would require vendors to transmit, as
specified, an amount equal to the total amount of revenue received by
all courts for providing appearances for the 2009-10 fiscal year.
The bill would require that the $20 fee or the proportionate share
collected in that quarter be transmitted within 15 days after the end
of each calendar quarter. The bill would require the Judicial
Council to allocate the amount collected for specified purposes.
The bill would also require trial courts to provide written
notification to the public by conspicuous posting within or about its
facilities, on its public Internet Web site, and to the Judicial
Council not less than 60 days prior to closing any courtroom or
closing or reducing the hours of clerks' offices during regular
business hours, as specified. The bill would require the Judicial
Council, within 15 days of receiving notice from a trial court, to
conspicuously post on its Internet Web site and provide the chairs
and vice chairs of specified legislative committees a copy of the
notice.
(5) Existing law authorizes any department, officer, or employee
of a county or a judicial district in the county, charged by law with
the collection of any county or district tax assessment, penalty,
cost, license fees, or any judicial district fine, assessment, or
penalty, or any money, which is due and payable to the county or
district for any reason, to apply to the board of supervisors for a
discharge from accountability for the collection thereof if the
amount is too small to justify the cost of collection, the likelihood
of collection does not warrant the expense involved, or the amount
thereof has been otherwise lawfully compromised or adjusted.
This bill would additionally authorize any collection program that
is operated by a court to apply to the presiding judge of the court,
or another designated judge, for a similar discharge of
accountability, as specified. The bill would authorize the Judicial
Council, by rule of court, to establish the process by which
applications would be submitted and reviewed or the standards for
ordering a discharge. The bill would provide that responsibility for
collection of court-ordered debt or bail be demonstrated by a written
agreement between the county and the court. The bill would authorize
the court to transfer responsibility for discharging court-ordered
debt or bail to the county by written agreement, if the court is
responsible for collecting court-ordered debt or bail.
(6) Existing law authorizes a county board of supervisors to make
an order discharging a department, officer, or employee from further
accountability and direct the county auditor to adjust any charge
against the department, officer, or employee in a like amount. That
discharge from accountability does not constitute a release of any
person from liability for payment of any amount.
This bill would require the county, within 45 days after the end
of the month in which any discharge from accountability is approved,
to report to the superior court the discharge from accountability for
any court-ordered debt or bail that the county would otherwise have
been responsible for collecting. The bill would require the report to
include the following for each debt discharged: the case number,
whether the case is an infraction, misdemeanor, or felony, the amount
of the debt discharged, and the number of years since the debt
became delinquent.
(7) Existing law authorizes any county or court that implements a
comprehensive program to identify and collect various delinquent fees
and penalties to deduct and deposit in the county treasury or the
trial court operations fund the cost of operating that program from
any revenues collected prior to distributing the revenues to other
governmental entities, as specified.
This bill, on and after July 1, 2012, would provide that once a
debt becomes delinquent, as specified, it continues to be delinquent
and may be subject to collection by a comprehensive collection
program. The bill would also modify the meaning of a comprehensive
collection program.
(8) Existing law authorizes the clerk of the court to accept a
payment and forfeiture of at least 25% of the total bail amount for
each infraction violation of the Vehicle Code prior to the date on
which the defendant promised to appear, or prior to the expiration of
any lawful continuance of that date, or upon receipt of information
that an action has been filed and prior to the scheduled court date,
if specified circumstances exist. Those circumstances include that
the charge is of a nonparking infraction.
This bill would instead authorize the clerk of the court to accept
a payment and forfeiture of at least 10% of the total bail amount.
The bill would extend that authorization for any infraction violation
of the Vehicle Code.
(9) Existing law requires the clerk of the court to accept from a
person ordered or permitted to attend a traffic violator school a
payment of at least 25% of a specified fee upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. When a defendant fails to make an installment
payment of the fee according to an installment agreement, the court
may convert the fee to bail, declare it forfeited, and report the
forfeiture as a conviction, as specified.
This bill will instead authorize the clerk of the court to accept
a payment of at least 10% of the fee. The bill would specify that for
the purposes of reporting a conviction pursuant to that provision,
the date that the court declares the bail forfeited would be reported
as the date of conviction.
The bill would also establish a one-time amnesty program for fines
and bail meeting certain requirements to accept, in full
satisfaction of any eligible fine or bail, 50% of the fine or bail
amount, between January 1, 2012, and June 30, 2012. The bill would
also require the Judicial Council to adopt guidelines for the amnesty
program no later than November 1, 2011. The bill would require the
Judicial Council to submit a report to the Legislature on or before
December 31, 2012, summarizing the information provided by each court
or county.
(10) Existing law requires a levy in each county of an additional
penalty in the amount of $7 for every $10, or part of $10, upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including all offenses involving a violation
of the Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code. Existing law reduces that $7 additional penalty in each
county by the additional penalty amount assessed by the county for
the local courthouse construction fund, as specified.
This bill would modify the additional penalty assessed by certain
counties, as specified.
(11) Existing law requires the Controller, to the extent feasible,
to offset any amount overdue and unpaid for a fine, penalty,
assessment, bail, vehicle parking penalty, or court-ordered
reimbursement for court-related services, from a person or entity,
against any amount owing the person or entity by a state agency on a
claim for a refund from the Franchise Tax Board under the Personal
Income Tax Law or the Bank and Corporation Tax Law, or from winnings
in the California State Lottery.
This bill would additionally require an offset against a cash
payment of a claim for unclaimed property held by the state.
(12) Existing law requires that a fee of $30 be imposed on every
conviction for a criminal offense, including traffic offenses, to
ensure and maintain adequate funding for court security. Existing law
requires the court fee to be reduced to $20 on July 1, 2011.
This bill would instead raise the court fee to $40 until July 1,
2011, at which time the court fee would be reduced to $30, and on
July 1, 2013, the court fee would be further reduced to $20.
(13) Existing law requires the Judicial Council, on or after July
1, 2009, to establish a task force to evaluate criminal and
traffic-related court-ordered debts imposed against adult and
juvenile offenders. Among other things, the task force would be
required to make recommendations to the Judicial Council no later
than June 30, 2010, regarding the priority in which court-ordered
debts should be satisfied.
This bill would require the Judicial Council to establish that
task force before June 30, 2011, and would add as members of the task
force a county public defender and a city attorney appointed by the
Speaker of the Assembly and a defense attorney in private practice
and a district attorney appointed by the Senate Committee on Rules.
The bill would also require the task force to make those
recommendations to the Judicial Council and the Legislature no later
than June 30, 2011.
(14) Existing law authorizes the Judicial Council to regulate the
budget and fiscal management of the trial courts, and requires the
Judicial Council to adopt regulations for recordkeeping and
accounting by the courts ensuring that all revenues and expenditures
relating to court operations are known. At the request of the
Legislature, the Controller may perform and publish financial and
fiscal compliance audits of the reports of court revenues and
expenditures. The Controller is required to report the results of
these audits to the Legislature and the Judicial Council, and the
Judicial Council or its representative may perform audits and reviews
of all court financial records wherever they may be located.
This bill would, instead, authorize the Judicial Council or its
representatives to inspect, review, and perform comprehensive
oversight and analysis of court financial records wherever they may
be located, and to investigate allegations of financial impropriety
or mismanagement. The bill also would require a specified auditing
entity, not earlier than July 1, 2011, and not later than December
15, 2012, to establish a pilot program to audit 6 trial courts, as
specified, and, on or before December 15, 2013, to commence an audit
of the trial courts, including a review of all funds within the trial
court's administration or control. The bill would require the audit
of each trial court at least once every 4 years. The bill would
require the auditing entity to compile the trial court audit findings
and report the results of these audits to the Legislature, the
Judicial Council, and the Department of Finance no later than April 1
of each year. The bill would provide that the audit be paid for from
funds of the local trial court being audited.
This bill also would require the auditing entity, as specified, on
or before December 15, 2013, and biennially thereafter, to perform
an audit of the Administrative Office of the Courts, including a
review of all funds under the administration, jurisdiction, or
control of the Administrative Office of the Courts. The bill would
require the auditing entity to provide a copy of the final audit
report to the Legislature, the Judicial Council, and the Department
of Finance upon issuance.
The bill would also require the Judicial Council to conduct an
analysis of the cost incurred by trial courts related to the default
prove up process, as defined, and report on the different methods
trial courts use in processing filings related to the default prove
up process as well as the revenue generated by these filings. The
bill would require the Judicial Council to provide its report to the
Assembly Committee on Budget and the Senate Committee on Budget and
Fiscal Review by June 30, 2012. The bill would require the
Legislative Analyst's Office to review that report, consult with
stakeholders, consider the best practices of other states, and make
any recommendations to increase efficiency, streamline the processes
and turnaround times for filing documents related to the default
prove up process, and assess whether any changes should be made to
the fee structure for filings related to the process. The bill would
require the Legislative Analyst's Office to provide its
recommendations to the Assembly Committee on Budget and the Senate
Committee on Budget and Fiscal Review by September 30, 2011.
(15) Existing law establishes the Trial Court Trust Fund for
services provided to the court or courts by the Administrative Office
of the Courts or payment for services or property of any kind
contracted for by the court or courts or on behalf of the courts by
the Administrative Office of the Courts.
This bill would provide, commencing 60 days after the enactment of
the Budget Act of 2010, and until July 1, 2013, that for each
parking offense where a parking penalty, fine, or forfeiture is
imposed, an added penalty of $3 shall be included in the total
penalty, fine, or forfeiture, as specified. The bill would require
the county treasurer to transmit the penalty to the Treasurer for
deposit in the Trial Court Trust Fund, as specified.
Because the bill would increase the duties of county employees,
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, 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 these
statutory provisions.
(16) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6322.1 of the Business and Professions Code is
amended to read:
6322.1. (a) Until the end of the moratorium described in Section
70601 of the Government Code, the board of supervisors of any county
may increase, as provided in this section, the amount distributed to
its county law library fund from the uniform filing fees listed in
Section 6321 whenever it determines that the increase is necessary to
defray the expenses of the law library.
Any increase in the amount distributed to the law library fund in
any county under this subdivision shall not be effective until
January 1 of the next year after the adoption by the board of
supervisors of the increase. The amount of the increase in any
calendar year shall be no greater than three dollars ($3) over the
previous calendar year. A copy of the action of the board of
supervisors that establishes the increase shall be provided to the
Administrative Office of the Courts as soon as it becomes available
but no later than December 15 of the year before the increased
distribution goes into effect.
(b) Distribution changes after January 1, 2008, shall be
determined by the process described in Section 70601 of the
Government Code.
(c) (1) In an action or proceeding in which a claim for money
damages falls within the monetary jurisdiction of the small claims
court and is filed by an assignee who is prohibited from filing or
maintaining a claim pursuant to Section 116.420 of the Code of Civil
Procedure, the uniform filing fee shall be reduced by forty-four
dollars ($44) to one hundred eighty-one dollars ($181) if the
complaint contains a declaration under penalty of perjury, executed
by the party requesting the reduction in fees, that the case
qualifies for the lower fee because the claim for money damages will
not exceed the monetary jurisdiction of small claims court and is
filed by an assignee of the claim.
(2) When the uniform filing fee is reduced as provided under this
subdivision, the amount distributed from each uniform filing fee to
the law library fund in the county shall be as follows:
Jurisdiction Amount
Alameda........................ $12.00
Alpine......................... 1.00
Amador......................... 6.00
Butte.......................... 12.00
Calaveras...................... 7.00
Colusa......................... 12.00
Contra Costa................... 8.00
Del Norte...................... 6.00
El Dorado...................... 9.00
Fresno......................... 9.00
Glenn.......................... 6.00
Humboldt....................... 12.00
Imperial....................... 12.00
Inyo........................... 6.00
Kern........................... 12.00
Kings.......................... 12.00
Lake........................... 12.00
Lassen......................... 12.00
Los Angeles.................... 5.00
Madera......................... 12.00
Marin.......................... 12.00
Mariposa....................... 4.00
Mendocino...................... 12.00
Merced......................... 12.00
Modoc.......................... 6.00
Mono........................... 6.00
Monterey....................... 10.00
Napa........................... 12.00
Nevada......................... 7.00
Orange......................... 8.00
Placer......................... 7.00
Plumas......................... 6.00
Riverside...................... 12.00
Sacramento..................... 8.50
San Benito..................... 6.00
San Bernardino................. 12.00
San Diego...................... 12.00
San Francisco.................. 12.00
San Joaquin.................... 10.00
San Luis Obispo................ 12.00
San Mateo...................... 12.00
Santa Barbara.................. 12.00
Santa Clara.................... 8.00
Santa Cruz..................... 12.00
Shasta......................... 8.50
Sierra......................... 9.00
Siskiyou....................... 8.00
Solano......................... 9.00
Sonoma......................... 12.00
Stanislaus..................... 6.50
Sutter......................... 1.00
Tehama......................... 9.00
Trinity........................ 6.00
Tulare......................... 12.00
Tuolumne....................... 2.00
Ventura........................ 12.00
Yolo........................... 10.00
Yuba........................... 7.00
The increases described in subdivision (a) do not apply to the law
library distributions in this subdivision.
(3) Notwithstanding subdivision (d) of Section 68085.4 of the
Government Code, when the uniform filing fee is reduced as provided
in this subdivision, the amounts distributed to dispute resolution
programs, the State Court Facilities Construction Fund, the Judges'
Retirement Fund, children's waiting rooms, and the Equal Access Fund
shall remain as provided under subdivisions (b) and (c) of Section
68085.4 of the Government Code and shall not be changed. Only the
amounts distributed to the Trial Court Trust Fund, the law libraries,
and the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund shall be adjusted. The amount
distributed from each uniform filing fee under this section to the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5, shall be eleven
dollars ($11). If the fee is further reduced below one hundred
eighty-one dollars ($181), as with a partial waiver or partial
payment, the proportional reductions described in subdivision (g) of
Section 68085.1 of the Government Code shall apply.
(d) Distributions under this section to the law library fund in
each county shall be used only for the purposes authorized by this
chapter.
(e) As used in this section and Section 6321, "law library fund"
includes a law library account described in the second paragraph of
Section 6320.
(f) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 6322.1 is added to the Business and Professions
Code, to read:
6322.1. (a) Until the end of the moratorium described in Section
70601 of the Government Code, the board of supervisors of any county
may increase, as provided in this section, the amount distributed to
its county law library fund from the uniform filing fees listed in
Section 6321 whenever it determines that the increase is necessary to
defray the expenses of the law library.
Any increase in the amount distributed to the law library fund in
any county under this subdivision shall not be effective until
January 1 of the next year after the adoption by the board of
supervisors of the increase. The amount of the increase in any
calendar year shall be no greater than three dollars ($3) over the
previous calendar year. A copy of the action of the board of
supervisors that establishes the increase shall be provided to the
Administrative Office of the Courts as soon as it becomes available
but no later than December 15 of the year before the increased
distribution goes into effect.
(b) Distribution changes after January 1, 2008, shall be
determined by the process described in Section 70601 of the
Government Code.
(c) (1) In an action or proceeding in which a claim for money
damages falls within the monetary jurisdiction of the small claims
court and is filed by an assignee who is prohibited from filing or
maintaining a claim pursuant to Section 116.420 of the Code of Civil
Procedure, the uniform filing fee shall be reduced by twenty-four
dollars ($24) to one hundred eighty-one dollars ($181) if the
complaint contains a declaration under penalty of perjury, executed
by the party requesting the reduction in fees, that the case
qualifies for the lower fee because the claim for money damages will
not exceed the monetary jurisdiction of small claims court and is
filed by an assignee of the claim.
(2) When the uniform filing fee is reduced as provided under this
subdivision, the amount distributed from each uniform filing fee to
the law library fund in the county shall be as follows:
Jurisdiction Amount
Alameda........................ $12.00
Alpine......................... 1.00
Amador......................... 6.00
Butte.......................... 12.00
Calaveras...................... 7.00
Colusa......................... 12.00
Contra Costa................... 8.00
Del Norte...................... 6.00
El Dorado...................... 9.00
Fresno......................... 9.00
Glenn.......................... 6.00
Humboldt....................... 12.00
Imperial....................... 12.00
Inyo........................... 6.00
Kern........................... 12.00
Kings.......................... 12.00
Lake........................... 12.00
Lassen......................... 12.00
Los Angeles.................... 5.00
Madera......................... 12.00
Marin.......................... 12.00
Mariposa....................... 4.00
Mendocino...................... 12.00
Merced......................... 12.00
Modoc.......................... 6.00
Mono........................... 6.00
Monterey....................... 10.00
Napa........................... 12.00
Nevada......................... 7.00
Orange......................... 8.00
Placer......................... 7.00
Plumas......................... 6.00
Riverside...................... 12.00
Sacramento..................... 8.50
San Benito..................... 6.00
San Bernardino................. 12.00
San Diego...................... 12.00
San Francisco.................. 12.00
San Joaquin.................... 10.00
San Luis Obispo................ 12.00
San Mateo...................... 12.00
Santa Barbara.................. 12.00
Santa Clara.................... 8.00
Santa Cruz..................... 12.00
Shasta......................... 8.50
Sierra......................... 9.00
Siskiyou....................... 8.00
Solano......................... 9.00
Sonoma......................... 12.00
Stanislaus..................... 6.50
Sutter......................... 1.00
Tehama......................... 9.00
Trinity........................ 6.00
Tulare......................... 12.00
Tuolumne....................... 2.00
Ventura........................ 12.00
Yolo........................... 10.00
Yuba........................... 7.00
The increases described in subdivision (a) do not apply to the law
library distributions in this subdivision.
(3) Notwithstanding subdivision (d) of Section 68085.4 of the
Government Code, when the uniform filing fee is reduced as provided
in this subdivision, the amounts distributed to dispute resolution
programs, the State Court Facilities Construction Fund, the Judges'
Retirement Fund, children's waiting rooms, and the Equal Access Fund
shall remain as provided under subdivisions (b) and (c) of Section
68085.4 of the Government Code and shall not be changed. Only the
amounts distributed to the Trial Court Trust Fund, the law libraries,
and the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund shall be adjusted. The amount
distributed from each uniform filing fee under this section to the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5, shall be eleven
dollars ($11). If the fee is further reduced below one hundred
eighty-one dollars ($181), as with a partial waiver or partial
payment, the proportional reductions described in subdivision (g) of
Section 68085.1 of the Government Code shall apply.
(d) Distributions under this section to the law library fund in
each county shall be used only for the purposes authorized by this
chapter.
(e) As used in this section and Section 6321, "law library fund"
includes a law library account described in the second paragraph of
Section 6320.
(f) This section shall become operative on July 1, 2013.
SEC. 3. Section 367.6 is added to the Code of Civil Procedure, to
read:
367.6. (a) On or before July 1, 2011, the Judicial Council shall
establish statewide, uniform fees to be paid by a party for appearing
by telephone, which shall supersede any fees paid to vendors and
courts under existing agreements and procedures. The fees to be paid
for telephone appearances shall include:
(1) A fee for providing the telephone appearance service pursuant
to a timely request to the vendor or court.
(2) An additional fee for providing services if the request is
made shortly before the hearing, as defined by the Judicial Council.
(3) A fee for canceling a telephone appearance request.
(b) If a party has received a waiver of fees pursuant to Article 6
(commencing with Section 68630) of Chapter 2 of Title 8 of the
Government Code, neither a vendor nor a court shall charge that party
any of the fees authorized by this section, subject to the
following:
(1) The vendor or court that provides the telephone appearance
service shall have a lien, as provided by rule of court, on any
judgment, including a judgment for costs, that the party may receive,
in the amount of the fee that the party would have paid for the
telephone appearance.
(2) If the vendor or court later receives a fee or a portion of a
fee for appearance by telephone that was previously waived, that fee
shall be distributed consistent with Section 72011 of the Government
Code.
(c) The fee described in this section shall be a recoverable cost
under Section 1033.5 of the Code of Civil Procedure.
(d) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 367.6 is added to the Code of Civil Procedure, to
read:
367.6. (a) On or before July 1, 2011, the Judicial Council shall
establish statewide, uniform fees to be paid by a party for appearing
by telephone, which shall supersede any fees paid to vendors and
courts under existing agreements and procedures. The fees to be paid
for telephone appearances shall include:
(1) A fee for providing the telephone appearance service pursuant
to a timely request to the vendor or court.
(2) An additional fee for providing services if the request is
made shortly before the hearing, as defined by the Judicial Council.
(3) A fee for canceling a telephone appearance request.
(b) If a party has received a waiver of fees pursuant to Article 6
(commencing with Section 68630) of Chapter 2 of Title 8 of the
Government Code, neither a vendor nor a court shall charge that party
any of the fees authorized by this section, however, the vendor or
court that provides the telephone appearance service shall have a
lien, as provided by rule of court, on any judgment, including a
judgment for costs, that the party may receive, in the amount of the
fee that the party would have paid for the telephone appearance.
(c) The fee described in this section shall be a recoverable cost
under section 1033.5 of the Code of Civil Procedure.
(d) This section shall become operative on July 1, 2013.
SEC. 5. Section 12419.10 of the Government Code is amended to
read:
12419.10. (a) (1) The Controller shall, to the extent feasible,
offset any amount overdue and unpaid for a fine, penalty, assessment,
bail, vehicle parking penalty, or court-ordered reimbursement for
court-related services, from a person or entity, against any amount
owing the person or entity by a state agency on a claim for a refund
from the Franchise Tax Board under the Personal Income Tax Law or the
Bank and Corporation Tax Law, from winnings in the California State
Lottery, or a cash payment of a claim for unclaimed property held by
the state. Standards and procedures for submission of requests for
offsets shall be as prescribed by the Controller. Whenever
insufficient funds are available to satisfy an offset request, the
Controller, after first applying the amounts available to any amount
due a state agency, may allocate the balance among any other requests
for offset.
(2) Any request for an offset for a vehicle parking penalty shall
be submitted within three years of the date the penalty was incurred.
This three year maximum term for refund offsets for parking tickets
applies to requests submitted to the Controller on or after January
1, 2004.
(b) Once an offset request for a vehicle parking penalty is made,
a local agency may not accrue additional interest charges, collection
charges, penalties, or other charges on or after the date that the
offset request is made. Payment of an offset request for a vehicle
parking penalty shall be made on the condition that it constitutes
full and final payment of that offset.
(c) The Controller shall deduct and retain from any amount offset
in favor of a city or county an amount sufficient to reimburse the
Controller, the Franchise Tax Board, the California State Lottery,
and the Department of Motor Vehicles for their administrative costs
of processing the offset payment.
(d) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1, or any other provision of law, the social
security number of any person obtained pursuant to Section 4150,
4150.2, or 12800 of the Vehicle Code is not a public record and shall
only be provided by the Department of Motor Vehicles to an
authorized agency for the sole purpose of making an offset pursuant
to this section for any unpaid vehicle parking penalty or any unpaid
fine, penalty, assessment, or bail of which the Department of Motor
Vehicles has been notified pursuant to subdivision (a) of Section
40509 of the Vehicle Code or Section 1803 of the Vehicle Code,
responding to information requests from the Franchise Tax Board for
the purpose of tax administration, and responding to requests for
information from an agency, operating pursuant to and carrying out
the provisions of, Part A (Aid to Families with Dependent Children),
or Part D (Child Support and Establishment of Paternity) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code. As
used in this section, "authorized agency" means the Controller, the
Franchise Tax Board, or the California Lottery Commission.
SEC. 6. Section 25257 of the Government Code is amended to read:
25257. (a) Any department, officer, or employee of a county
charged by law with the collection of any county or district tax
assessment, penalty, cost, license fees, or any money, which is due
and payable to the county or district for any reason, may apply to
the board of supervisors for a discharge from accountability for the
collection thereof if the amount is too small to justify the cost of
collection, the likelihood of collection does not warrant the expense
involved, or the amount thereof has been otherwise lawfully
compromised or adjusted.
(b) Any collection program that is operated by a county may apply
to the board of supervisors for a discharge from accountability for
the court-ordered debt or bail that it would otherwise be responsible
for collecting, if the amount is too small to justify the cost of
collection or the likelihood of collection does not warrant the
expense involved. Responsibility for collection of court-ordered debt
or bail shall be demonstrated by a written agreement between the
county and the court. If the court is responsible for collecting
court-ordered debt or bail, the court may transfer responsibility for
discharging court-ordered debt or bail to the county by written
agreement.
SEC. 7. Section 25258 of the Government Code is amended to read:
25258. The application for a discharge from accountability under
Section 25257 shall include:
(a) The amount owing.
(b) Except where disclosure of such information is prohibited by
state or federal law, the names of the assessees or persons liable
and the amounts owed by each, which may be by reference to specific
documents incorporated thereby in the application.
(c) The estimated cost of collection, or a statement that the
likelihood of collection does not warrant the expense involved, or a
specific reference to the official records establishing that the
amount owed has been compromised or adjusted. If requested by the
board of supervisors, the applicant shall furnish such additional
information as the board deems necessary to determine that the
request for discharge is justified.
(d) Any other fact warranting the discharge, except where the
board of supervisors determines that the circumstances do not warrant
the furnishing of detailed information.
(e) A verification by the applicant that the facts stated in the
application are true and correct, which may be made on information
and belief.
SEC. 8. Section 25259 of the Government Code is amended to read:
25259. The board of supervisors may make an order discharging the
department, officer, or employee from further accountability and
direct the county auditor to adjust any charge against the
department, officer, or employee in a like amount. The discharge from
accountability does not constitute a release of any person from
liability for payment of any amount. Within 45 days after the end of
the month in which any discharge from accountability is approved, the
county shall report to the superior court the discharge from
accountability for any court-ordered debt or bail that the county
would otherwise have been responsible for collecting. The report
shall include the following for each debt discharged: the case
number; whether the case is an infraction, misdemeanor, or felony;
the amount of the debt discharged; and the number of years since the
debt became delinquent.
SEC. 9. Section 25259.7 is added to the Government Code, to read:
25259.7. Any collection program that is operated by a court may
apply to the presiding judge of the court for a discharge from
accountability for any court-ordered debt or bail that it would
otherwise be responsible for collecting, if the amount is too small
to justify the cost of collection or the likelihood of collection
does not warrant the expense involved. Responsibility for collection
of court-ordered debt or bail shall be demonstrated by a written
agreement between the county and the court. If the county is
responsible for collecting court-ordered debt or bail, the county may
transfer responsibility for discharging court-ordered debt or bail
to the court by written agreement.
SEC. 10. Section 25259.8 is added to the Government Code, to read:
25259.8. (a) The application for a discharge from accountability
under Section 25259.7 shall include the following:
(1) The amount owing.
(2) The names of the persons liable and the amounts owed by each,
which may be by reference to specific documents incorporated in the
application, except where disclosure of that information is
prohibited by state or federal law.
(3) The estimated cost of collection, or a statement that the
likelihood of collection does not warrant the expense involved. If
requested by the presiding judge, the applicant shall furnish the
additional information as deemed necessary to determine that the
request for discharge is justified.
(4) Any other fact warranting the discharge, except where the
presiding judge determines that the circumstances do not warrant the
furnishing of detailed information.
(5) A verification that the facts stated in the application are
true and correct, which may be made on information and belief.
(b) The Judicial Council, by rule of court, may require that
additional information be included in the application.
SEC. 11. Section 25259.9 is added to the Government Code, to read:
25259.9. (a) The presiding judge may make an order discharging
the collection program from further accountability. The order shall
have the same effect as a discharge from accountability under Section
25259, which relieves the applicant from any further responsibility
for collecting the discharged debt, and does not constitute a release
of any person from liability for payment of any amount. Upon making
an order of discharge, the presiding judge shall direct the clerk of
court to enter record of the discharge in the court case file for
each debt and to post a copy of the order of discharge on the court's
Internet Web site for a period of not less than three weeks.
(b) Within 45 days after the end of the month in which any
discharge from accountability is approved, the court shall report to
the county the discharge from accountability for any court-ordered
debt or bail that the court would otherwise have been responsible for
collecting. The report shall include for each debt discharged: the
case number; whether the case is an infraction, misdemeanor, or
felony; the amount of the debt discharged; and the number of years
since the debt became delinquent.
(c) The Judicial Council, by rule of court, may establish the
process by which applications under Section 25259.7 are submitted and
reviewed or the standards for ordering a discharge.
SEC. 12. Section 25259.95 is added to the Government Code, to
read:
25259.95. The presiding judge may authorize and designate another
judge in the court to exercise the powers of the presiding judge set
forth in Sections 25259.7, 25259.8, and 25259.9.
SEC. 13. Section 68106 is added to the Government Code, to read:
68106. (a) (1) In making appropriations for the support of the
trial courts, the Legislature recognizes the importance of increased
revenues from litigants and lawyers, including increased revenues
from civil filing fees. It is therefore the
intent of the Legislature that, to the extent
practicable, access to court services for civil litigants be
preserved in the allocation of resources by and for trial courts.
(2) Furthermore, it is the intent of the Legislature in enacting
the Budget Act of 2010, which includes increases in civil and
criminal court fees and penalties, that trial courts remain open to
the public on all days except judicial holidays, Saturdays, and
Sundays, and except as authorized pursuant to Section 68115.
(b) Trial courts shall provide written notification to the public
by conspicuous posting within or about its facilities, on its public
Internet Web site, and to the Judicial Council, not less than 60 days
prior to closing any courtroom, or closing or reducing the hours of
clerks' offices during regular business hours on any day except
judicial holidays, Saturdays, and Sundays, and except as authorized
pursuant to Section 68115. The notification shall include the scope
of the closure or reduction in hours, and the financial constraints
or other reasons that make the closure or reduction necessary. Within
15 days of receipt of a notice from a trial court, the Judicial
Council shall conspicuously post on its Internet Web site and provide
the chairs and vice chairs of the Committees on Judiciary, the Chair
of the Assembly Committee on Budget, and the Chair of the Senate
Committee on Budget and Fiscal Review a copy of any notice received
pursuant to this subdivision. The Legislature intends to review the
information obtained pursuant to this section to ensure that
California trial courts remain open and accessible to the public.
(c) Nothing in this section is intended to affect, limit, or
otherwise interfere with regular court management decisionmaking,
including calendar management and scheduling decisions.
SEC. 14. Section 68526 is added to the Government Code, to read:
68526. (a) The Judicial Council shall conduct an analysis of the
cost incurred by trial courts related to the default prove up process
and report on the different methods trial courts use in processing
filings related to the default prove up process, as well as the
revenue generated by these filings. The Judicial Council shall also
compare the processes used by trial courts in filings related to the
default prove up process to best practices used in other states,
including, but not limited to, the use of electronic filing.
(b) The Legislative Analyst's Office shall review the Judicial
Council report, consult with stakeholders, consider the best
practices of other states, and make any recommendations to increase
efficiency, streamline the processes and turnaround times for filing
documents related to the default prove up process, and assess whether
any changes should be made to the fee structure for filings related
to the process. In conducting its analysis, the Legislative Analyst's
Office shall consider, among other factors it deems relevant,
whether electronic filing could be implemented as a tool to improve
the efficiency and turnaround times of the default prove up process.
(c) The Judicial Council shall provide its report to the Assembly
Committee on Budget, the Senate Committee on Budget and Fiscal
Review, and the Legislative Analyst's Office by September 30, 2011.
The Legislative Analyst's Office shall provide the Assembly Committee
on Budget and the Senate Committee on Budget and Fiscal Review its
recommendations no later than June 30, 2012.
(d) For the purposes of this section, the following definitions
apply:
(1) "Collections case" means an action for recovery of money owed
in a sum stated to be certain that is not more than twenty-five
thousand dollars ($25,000), exclusive of interest and attorney's
fees, arising from a transaction in which property, services, or
money were acquired on credit. "Collections case" does not include an
action seeking tort damages, punitive damages, recovery of real
property or personal property, a prejudgment writ of attachment, or
any action filed pursuant to the Family Code.
(2) "Default prove up process" means a request for entry of
default filed pursuant to Section 585 of the Code of Civil Procedure
in a collections case.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 15. Section 70371.9 is added to the Government Code, to read:
70371.9. (a) The Judicial Council shall conduct a pilot program
until July 1, 2013, to assess the benefits and impacts of both of the
following:
(1) Requiring all subcontractors with bids in excess of five
hundred thousand dollars ($500,000) to pay for employee health care
expenditures for their construction field employees working in
California.
(2) Giving two quality points out of 100 quality points to a
proposing construction manager at risk that pays for employee health
care expenditures for its construction field employees working in
California.
(b) The Judicial Council shall, after consulting with applicable
stakeholders, select three courthouse construction projects from
those funded by the Immediate and Critical Needs Account established
by Section 70371.5 to implement the pilot program, including one
project with estimated construction costs in excess of two hundred
million dollars ($200,000,000), one project with estimated
construction costs between one hundred million dollars ($100,000,000)
and two hundred million dollars ($200,000,000), and one project with
estimated construction costs between seventy-five million dollars
($75,000,000) and one hundred million dollars ($100,000,000).
(c) The Administrative Office of Courts shall provide two quality
points out of a total 100 quality points to construction managers at
risk that submit proposals and certify that they are qualified.
(1) A proposer qualifies for the two quality points pursuant to
this subdivision if, for the six-month period immediately preceding
submission of the proposal, the proposer's aggregate California
employee health care expenditures were equal to at least 6.5 percent
of that proposer's aggregate California social security wages.
(2) A proposer shall receive two quality points by certifying that
it qualifies for the two points on a form provided by the
Administrative Office of the Courts.
(3) Any proposer that certifies that it qualifies for the two
quality points shall provide to the Administrative Office of the
Courts, upon request, sufficient records to show that the proposer is
qualified. The failure to supply the records within a reasonable
time, as specified by the Administrative Office of the Courts, may
result in the proposer's disqualification.
(d) (1) A subcontractor shall not be awarded a subcontract in
excess of five hundred thousand dollars ($500,000) on a project under
the pilot program unless, for the six-month period immediately
preceding the effective date of the subcontract, the subcontractor's
aggregate California employee health care expenditures were equal to
at least 6.5 percent of that subcontractor's aggregate California
social security wages. The Administrative Office of the Courts may
waive this requirement if no economically feasible bid is received.
(2) Each subcontractor awarded a subcontract in excess of five
hundred thousand dollars ($500,000) on a project under the pilot
program shall submit to the construction manager at risk, prior to
execution of its subcontract, a statement on a form provided by the
Administrative Office of the Courts certifying that it has complied
with the requirement in paragraph (1).
(3) A subcontractor awarded a subcontract in excess of five
hundred thousand dollars ($500,000) on a project under the pilot
program shall provide to the construction manager at risk, upon
request, sufficient records to show that the proposer has complied
with paragraph (1).
(e) In order to evaluate the benefits of this pilot program,
including the potential improvement of health care coverage for
construction field employees, potential savings to the State of
California from not having to pay for health care for uninsured
workers and their dependents, and other impacts, including potential
increased project costs, the Administrative Office of the Courts
shall collect and analyze data to assess the impact of subdivisions
(b) and (c) and issue a report summarizing the data and analysis on
or before July 1, 2015. The Administrative Office of the Courts may
contract with third-party consultants in collecting and analyzing the
data and preparing the report.
(f) For purposes of this section, the following terms have the
following meanings:
(1) "Aggregate California employee health care expenditures" means
all amounts paid by a proposer or subcontractor to its construction
field employees in California or to a third party on behalf of a
proposer's or subcontractor's construction field employees in
California, for the purpose of providing health care services to the
construction field employees or reimbursing the cost of those
services for the construction field employees, including, but not
limited to, all of the following:
(A) Contributions on behalf of employees to a health savings
account, as defined under Section 223 of the Internal Revenue Code,
or to any other account having substantially the same purpose or
effect without regard to whether the contributions qualify for a tax
deduction or are excludable from employee income.
(B) Reimbursement to employees for expenses incurred in the
purchase of health care services.
(C) Payments to a third party for the purpose of providing health
care services for employees.
(D) Payments pursuant to a collective bargaining agreement for the
purpose of providing health care services for employees.
(E) Costs incurred in the direct delivery of health care services
to employees.
(2) "Aggregate California social security wages" means the
aggregate amount of wages paid to all of a proposer's or
subcontractor's construction field employees in California, not
including any wages that are above the federal social security
contribution and benefit base, sometimes referred to as the social
security wage base, for the year in which they are paid.
(3) "Construction field employees" means a proposer's or
subcontractor's workers who perform construction labor at
construction jobsites.
(4) "Health care services" means medical care, services, or goods
that qualify as tax deductible medical care expenses under Section
213 of the Internal Revenue Code, or medical care, services, or goods
having substantially the same purpose or effect as those deductible
expenses.
(g) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute that
is enacted before January 1, 2016, deletes or extend the dates on
which it becomes operative and is repealed.
SEC. 16. Section 70372 of the Government Code is amended to read:
70372. (a) (1) Except as otherwise provided in subdivision (b) of
Section 70375 and in this article, there shall be levied a state
court construction penalty, in the amount of five dollars ($5) for
every ten dollars ($10), or part of ten dollars ($10), upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including, but not limited to, all offenses
involving a violation of a section of the Fish and Game Code, the
Health and Safety Code, or the Vehicle Code or any local ordinance
adopted pursuant to the Vehicle Code. This penalty is in addition to
any other state or local penalty, including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000.
(2) The amount of the court construction penalty may be reduced by
a county as provided in subdivision (b) of Section 70375.
(3) This construction penalty does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Section 1464 of the Penal Code or
Chapter 12 (commencing with Section 76000) of Title 8.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(4) Any bail schedule adopted pursuant to Section 1269b of the
Penal Code or adopted by the Judicial Council pursuant to Section
40310 of the Vehicle Code may include the necessary amount to pay the
penalty established by this section, the penalties authorized by
Section 1464 of the Penal Code and Chapter 12 (commencing with
Section 76000) of Title 8, and the surcharge authorized by Section
1465.7 of the Penal Code for all matters where a personal appearance
is not mandatory and the bail is posted primarily to guarantee
payment of the fine. After a determination by the court of the amount
due, the clerk of the court shall collect the penalty and transmit
it immediately to the county treasury and the county treasurer shall
transmit these sums as provided in subdivision (f).
(b) In addition to the penalty provided by subdivision (a), for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added state court construction penalty of four dollars
and fifty cents ($4.50) shall be included in the total penalty, fine,
or forfeiture. These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any division
pursuant to Section 1462.3 or 1463.009 of the Penal Code. In those
cities, districts, or other issuing agencies which elect to accept
parking penalties, and otherwise process parking violations pursuant
to Article 3 (commencing with Section 40200) of Chapter 1 of Division
17 of the Vehicle Code, that city, district, or issuing agency shall
observe the increased bail amounts as established by the court
reflecting the added penalty provided for by this subdivision. Each
agency that elects to process parking violations shall pay to the
county treasurer four dollars and fifty cents ($4.50) for the parking
penalty imposed by this subdivision for each violation that is not
filed in court. Those payments to the county treasurer shall be made
monthly, and the county treasurer shall transmit these sums as
provided in paragraph (2) of subdivision (f). In the event these
payments were deposited in a local courthouse construction fund and
expended pursuant to the provisions of Chapter 592 of the Statutes of
2003, no county or processing agency shall be liable for the failure
to transmit the payments to the Controller during the 2008 calendar
year.
(c) If multiple offenses are involved, the state court
construction penalty under subdivision (a) shall be based upon the
total fine or bail for each case. If a fine is suspended, in whole or
in part, the state court construction penalty under subdivision (a)
shall be reduced in proportion to the suspension.
(d) If any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state court construction penalty prescribed by
subdivision (a) for forfeited bail. If bail is returned, the state
court construction penalty paid thereon pursuant to subdivision (a)
shall also be returned.
(e) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state court construction
penalty, the payment of which would work a hardship on the person
convicted or his or her immediate family.
(f) (1) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (a), the
county treasurer shall transmit the moneys to the Controller, to be
deposited as follows:
(A) The total to be deposited pursuant to subdivision (a) shall be
multiplied by a fraction as follows:
(i) The numerator is the amount imposed as of January 1, 1998, as
an additional penalty on every ten dollars ($10), or part of ten
dollars ($10), upon every fine, penalty, or forfeiture, if any, for
deposit into the local courthouse construction fund in that county
established pursuant to Sections 76000 and 76100. The numerator shall
be expressed in whole dollars and fractions of a dollar.
(ii) The denominator is five dollars ($5).
(B) The resulting amount shall be deposited in the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
(C) The remaining amount of the deposit shall be deposited in the
State Court Facilities Construction Fund.
(2) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (b), the
county treasurer shall transmit the moneys to the Controller to be
deposited as follows: one-third of the total amount shall be
deposited in the State Court Facilities Construction Fund and
two-thirds of the total amount shall be deposited in the Immediate
and Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
SEC. 17. Section 70602 of the Government Code is amended to read:
70602. (a) It is the intent of the Legislature to establish a
moratorium on increases in filing fees until July 1, 2013. No filing
fee provided for in this chapter may be changed before July 1, 2013,
except as provided in Section 70602.5.
(b) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 18. Section 70602.5 is added to the Government Code, to read:
70602.5. (a) Notwithstanding any other law, due to the severity
of the continuing economic crisis facing the State of California, it
is the intent of the Legislature to supplement, until July 1, 2013,
certain first paper filing fees as provided below:
(1) A supplemental fee of forty dollars ($40) shall be collected
for filing any first paper subject to the uniform fee that is set at
three hundred fifty-five dollars ($355) under Sections 70611, 70612,
70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee
collected under these sections, which includes the supplemental fee,
shall be deposited and distributed as provided in Sections 68085.3
and 68086.1, as applicable.
(2) A supplemental fee of forty dollars ($40) shall be collected
for filing any first paper subject to the uniform fee that is set at
three hundred thirty dollars ($330) under Sections 70613, 70614, and
70621. The total fee collected under these sections, which includes
the supplemental fee, shall be deposited and distributed as provided
in Sections 68085.4 and 68086.1, as applicable.
(3) A supplemental fee of twenty dollars ($20) shall be collected
for filing any first paper subject to the uniform fee that is set at
two hundred five dollars ($205) under Sections 70613, 70614, 70621,
70654, and 70656 of this code, and Section 103470 of the Health and
Safety Code. The total fee collected under these sections, which
includes the supplemental fee, shall be deposited and distributed as
provided in Section 68085.4.
(b) If the amount of the General Fund transfer to the Trial Court
Trust Fund is decreased in excess of 10 percent from the amount
appropriated in the 2010-11 fiscal year and is not offset by another
source of noncourt fee revenue, then the amount of the supplemental
fees provided in paragraphs (1), (2), and (3) of subdivision (a)
shall be decreased proportionally. The Judicial Council shall adopt
and publish a schedule setting the fees resulting from the decrease.
(c) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 19. Section 70603 of the Government Code is amended to read:
70603. (a) Except as provided in this section, the fees charged
for filings and services under this chapter are intended to be
uniform statewide and to be the only allowable fees for those
services and filings. The only charges that may be added to the fees
in this chapter are the following:
(1) In a complex case, the fee provided for in Section 70616 may
be added to the first paper and first responsive paper filing fees in
Sections 70611, 70612, 70613, and 70614.
(2) In an unlawful detainer action subject to Section 1161.2 of
the Code of Civil Procedure, a charge of fifteen dollars ($15) as
provided under that section may be added to the fee in Section 70613
for filing a first appearance by a plaintiff.
(3) In Riverside County, a surcharge as provided in Section 70622
may be added to the first paper and first responsive paper filing
fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, and 70670.
(4) In San Bernardino County, a surcharge as provided in Section
70624 may be added to the first paper and first responsive paper
filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670. This paragraph applies to fees
collected under Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670, beginning January 1, 2006.
(5) In the City and County of San Francisco, a surcharge as
provided in Section 70625 may be added to the first paper and first
responsive paper filing fees in Sections 70611, 70612, 70613, 70614,
70650, 70651, 70652, 70653, 70655, and 70670.
(b) Notwithstanding paragraph (1) of subdivision (c) of Section
68085.3 and paragraph (1) of subdivision (c) of Section 68085.4, when
a charge for courthouse construction in the City and County of San
Francisco or in the Counties of Riverside or San Bernardino is added
to the uniform filing fee as provided under paragraph (3), (4), or
(5) of subdivision (a), the amount distributed to the State Court
Facilities Construction Fund under Section 68085.3 or 68085.4 shall
be reduced by an amount equal to the charge added under paragraph
(3), (4), or (5) of subdivision (a), up to the amount that would
otherwise be distributed to the State Court Facilities Construction
Fund. If the amount added under paragraph (3), (4), or (5) of
subdivision (a) is greater than the amount that would be distributed
to the State Court Facilities Construction Fund under Section 68085.3
or 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than the amount of the uniform fee otherwise allowed, in
order to collect the surcharge under paragraph (3), (4), or (5) of
subdivision (a).
(c) If a filing fee is reduced by forty-four dollars ($44) under
subdivision (c) of Section 6322.1 of the Business and Professions
Code, and a courthouse construction surcharge is added to the filing
fee as provided under paragraph (3), (4), or (5) of subdivision (a),
the amount distributed to the State Court Facilities Construction
Fund under Section 68085.4 shall be reduced as provided in
subdivision (b). If the amount added under paragraph (3), (4), or (5)
of subdivision (a) is greater than the amount that would be
distributed to the State Court Facilities Construction Fund under
Section 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than one hundred eighty-one dollars ($181), in order to
collect the surcharge under paragraph (3), (4), or (5) of subdivision
(a).
(d) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 20. Section 70603 is added to the Government Code, to read:
70603. (a) Except as provided in this section, the fees charged
for filings and services under this chapter are intended to be
uniform statewide and to be the only allowable fees for those
services and filings. The only charges that may be added to the fees
in this chapter are the following:
(1) In a complex case, the fee provided for in Section 70616 may
be added to the first paper and first responsive paper filing fees in
Sections 70611, 70612, 70613, and 70614.
(2) In an unlawful detainer action subject to Section 1161.2 of
the Code of Civil Procedure, a charge of fifteen dollars ($15) as
provided under that section may be added to the fee in Section 70613
for filing a first appearance by a plaintiff.
(3) In Riverside County, a surcharge as provided in Section 70622
may be added to the first paper and first responsive paper filing
fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, and 70670.
(4) In San Bernardino County, a surcharge as provided in Section
70624 may be added to the first paper and first responsive paper
filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670. This paragraph applies to fees
collected under Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670, beginning January 1, 2006.
(5) In the City and County of San Francisco, a surcharge as
provided in Section 70625 may be added to the first paper and first
responsive paper filing fees in Sections 70611, 70612, 70613, 70614,
70650, 70651, 70652, 70653, 70655, and 70670.
(b) Notwithstanding paragraph (1) of subdivision (c) of Section
68085.3 and paragraph (1) of subdivision (c) of Section 68085.4, when
a charge for courthouse construction in the City and County of San
Francisco or in the Counties of Riverside or San Bernardino is added
to the uniform filing fee as provided under paragraph (3), (4), or
(5) of subdivision (a), the amount distributed to the State Court
Facilities Construction Fund under Section 68085.3 or 68085.4 shall
be reduced by an amount equal to the charge added under paragraph
(3), (4), or (5) of subdivision (a), up to the amount that would
otherwise be distributed to the State Court Facilities Construction
Fund. If the amount added under paragraph (3), (4), or (5) of
subdivision (a) is greater than the amount that would be distributed
to the State Court Facilities Construction Fund under Section 68085.3
or 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than the
amount of the uniform fee otherwise allowed, in order to collect the
surcharge under paragraph (3), (4), or (5) of subdivision (a).
(c) If a filing fee is reduced by twenty-four dollars ($24) under
subdivision (c) of Section 6322.1 of the Business and Professions
Code, and a courthouse construction surcharge is added to the filing
fee as provided under paragraph (3), (4), or (5) of subdivision (a),
the amount distributed to the State Court Facilities Construction
Fund under Section 68085.4 shall be reduced as provided in
subdivision (b). If the amount added under paragraph (3), (4), or (5)
of subdivision (a) is greater than the amount that would be
distributed to the State Court Facilities Construction Fund under
Section 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than one hundred eighty-one dollars ($181), in order to
collect the surcharge under paragraph (3), (4), or (5) of subdivision
(a).
(d) This section shall become operative on July 1, 2013.
SEC. 21. Section 70617 of the Government Code is amended to read:
70617. (a) Except as provided in subdivisions (d) and (e), the
uniform fee for filing a motion, application, or any other paper
requiring a hearing subsequent to the first paper, is forty dollars
($40). Papers for which this fee shall be charged include the
following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special
proceeding.
(6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing
any of the following:
(1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of
a minor.
(10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
(13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary
adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to
appear as counsel pro hac vice is five hundred dollars ($500). This
fee is in addition to any other fee required of the applicant. Two
hundred fifty dollars ($250) of the fee collected under this
paragraph shall be transmitted to the state for deposit into the
Immediate and Critical Needs Account of the State Court Facilities
Construction Fund, established in Section 70371.5. The remaining two
hundred fifty dollars ($250) of the fee shall be transmitted to the
state for deposit into the Trial Court Trust Fund, established in
Section 68085.
(2) An attorney whose application to appear as counsel pro hac
vice has been granted shall pay to the superior court, on or before
the anniversary of the date the application was granted, an annual
renewal fee of five hundred dollars ($500) for each year that the
attorney maintains pro hac vice status in the case in which the
application was granted. The entire fee collected under this
paragraph shall be transmitted to the state for deposit into the
Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), (d), and (e) apply separately to each motion
or other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
(g) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 22. Section 70617 is added to the Government Code, to read:
70617. (a) Except as provided in subdivisions (d) and (e), the
uniform fee for filing a motion, application, or any other paper
requiring a hearing subsequent to the first paper, is forty dollars
($40). Papers for which this fee shall be charged include the
following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special
proceeding.
(6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing
any of the following:
(1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of
a minor.
(10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
(13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary
adjudication of issues is two hundred dollars ($200).
(e) The fee for filing in the superior court an application to
appear as counsel pro hac vice is two hundred fifty dollars ($250).
This fee is in addition to any other fee required of the applicant.
The entire fee collected under this subdivision shall be transmitted
to the state for deposit into the Immediate and Critical Needs
Account of the State Court Facilities Construction Fund, established
in Section 70371.5.
(f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), (d), and (e) apply separately to each motion
or other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
(g) This section shall become operative on July 1, 2013.
SEC. 23. Section 72010 is added to the Government Code, to read:
72010. (a) On or before July 1, 2011, and periodically thereafter
as appropriate, the Judicial Council shall enter into one or more
master agreements with a vendor or vendors to provide for telephone
appearances in civil cases under Section 367.5 of the Code of Civil
Procedure or as otherwise authorized by law.
(b) Each master agreement shall include the following:
(1) The amount of the fees to be paid by a party for a telephone
appearance.
(2) The amounts to be deposited in the Trial Court Trust Fund
described in Section 72011.
(3) A requirement that the vendor submit a quarterly report
setting forth the number of fees collected, number of liens
established, and the amount collected from previously waived fees
pursuant to Section 367.6 of the Code of Civil Procedure.
(4) A statement that the vendor shall indemnify and hold the court
harmless from claims arising from a failure or interruption of
services.
(5) Other terms as the Judicial Council deems appropriate,
including, but not limited to, the services and equipment to be
provided by vendors to the courts and the assistance to be provided
by vendors to callers.
(c) A court may make telephone appearances available to a party
only through one or more of the following methods:
(1) An agreement with one or more of the vendors under the master
agreements provided by this section.
(2) An agreement entered into between a court and a vendor prior
to July 1, 2011, and which has not expired. If a contract is subject
to cancellation by a court after July 1, 2011, that court shall
exercise its option to cancel the contract as soon after July 1,
2011, as is legally possible to do so.
(3) Direct provision by the court of telephone appearance services
to a party. If the court provides the services directly, the court
shall collect the fees for telephone appearances adopted by the
Judicial Council in accordance with Section 367.6 of the Code of
Civil Procedure and the master agreement or agreements entered into
pursuant to this section. A judicial officer may, in his or her
discretion, waive telephone appearance fees for parties appearing
directly by telephone in that judicial officer's courtroom.
SEC. 24. Section 72011 is added to the Government Code, to read:
72011. (a) For each fee received for providing telephone
appearance services, each vendor or court that provides for
appearances by telephone shall transmit twenty dollars ($20) to the
State Treasury for deposit in the Trial Court Trust Fund established
pursuant to Section 68085. If the vendor or court receives a portion
of the fee as authorized under paragraph (2) of subdivision (b) of
Section 367.6 of the Code of Civil Procedure, the vendor or court
shall transmit only the proportionate share of the amount required
under this section. This section shall apply regardless of whether
the Judicial Council has established the statewide uniform fee
pursuant to Section 367.6 of the Code of Civil Procedure, or entered
into one or more master agreements pursuant to Section 72010. This
section shall not apply when a vendor or court does not receive a
fee.
(b) The amounts described in subdivision (a) shall be transmitted
within 15 days after the end of each calendar quarter for fees
collected in that quarter.
(c) Vendors shall also transmit an amount equal to the total
amount of revenue received by all courts from all vendors for
providing telephonic appearances for the 2009-10 fiscal year.
(d) The amounts set forth in subdivision (c) shall be apportioned
by the Judicial Council among the vendors with which the Judicial
Council has a master agreement pursuant to Section 72010. Within 15
days of receiving notice from the Judicial Council of its apportioned
amount, each vendor shall transmit that amount to the State Treasury
for deposit in the Trial Court Trust Fund.
(e) The Judicial Council shall allocate the amount collected
pursuant to subdivisions (c) and (d) for the purpose of preventing
significant disruption in services in courts that previously received
revenues from vendors for providing telephone appearance services.
The Judicial Council shall determine the method and amount of the
allocation to each eligible court.
(f) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 25. Section 72011 is added to the Government Code, to read:
72011. (a) Vendors that provide for appearances by telephone
shall transmit an amount equal to, and not to exceed, the total
amount of revenue received by all courts from all vendors for
providing telephone appearances for the 2009-10 fiscal year.
(b) The amount set forth in subdivision (a) shall be apportioned
by the Judicial Council among the vendors with which the Judicial
Council has a master agreement pursuant to Section 72010. Within 15
days of receiving notice from the Judicial Council of its apportioned
amount, each vendor shall transmit that amount to the State Treasury
for deposit in the Trial Court Trust Fund established pursuant to
Section 68085.
(c) The Judicial Council shall allocate the amount collected
pursuant to subdivisions (a) and (b) for the purpose of preventing
significant disruption in services in courts that previously received
revenues from vendors for providing telephone appearance services.
The Judicial Council shall determine the method and amount of the
allocation to each eligible court.
(d) This section shall become operative on July 1, 2013.
SEC. 26. Section 76000 of the Government Code is amended to read:
76000. (a) (1) Except as otherwise provided elsewhere in this
section, in each county there shall be levied an additional penalty
in the amount of seven dollars ($7) for every ten dollars ($10), or
part of ten dollars ($10), upon every fine, penalty, or forfeiture
imposed and collected by the courts for all criminal offenses,
including all offenses involving a violation of the Vehicle Code or
any local ordinance adopted pursuant to the Vehicle Code.
(2) This additional penalty shall be collected together with and
in the same manner as the amounts established by Section 1464 of the
Penal Code. These moneys shall be taken from fines and forfeitures
deposited with the county treasurer prior to any division pursuant to
Section 1463 of the Penal Code. The county treasurer shall deposit
those amounts specified by the board of supervisors by resolution in
one or more of the funds established pursuant to this chapter.
However, deposits to these funds shall continue through whatever
period of time is necessary to repay any borrowings made by the
county on or before January 1, 1991, to pay for construction provided
for in this chapter.
(3) This additional penalty does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Section 1464 of the Penal Code or
this chapter.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(b) In each authorized county, provided that the board of
supervisors has adopted a resolution stating that the implementation
of this subdivision is necessary to the county for the purposes
authorized, with respect to each authorized fund established pursuant
to Section 76100 or 76101, for every parking offense where a parking
penalty, fine, or forfeiture is imposed, an added penalty of two
dollars and fifty cents ($2.50) shall be included in the total
penalty, fine, or forfeiture. Except as provided in subdivision (c),
for each parking case collected in the courts of the county, the
county treasurer shall place in each authorized fund two dollars and
fifty cents ($2.50). These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any division
pursuant to Section 1462.3 or 1463.009 of the Penal Code. The judges
of the county shall increase the bail schedule amounts as
appropriate to reflect the added penalty provided for by this
section. In those cities, districts, or other issuing agencies which
elect to accept parking penalties, and otherwise process parking
violations pursuant to Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the Vehicle Code, that city, district, or
issuing agency shall observe the increased bail amounts as
established by the court reflecting the added penalty provided for by
this section. Each agency which elects to process parking violations
shall pay to the county treasurer two dollars and fifty cents
($2.50) for each fund for each parking penalty collected on each
violation which is not filed in court. Those payments to the county
treasurer shall be made monthly, and the county treasurer shall
deposit all those sums in the authorized fund. No issuing agency
shall be required to contribute revenues to any fund in excess of
those revenues generated from the surcharges established in the
resolution adopted pursuant to this chapter, except as otherwise
agreed upon by the local governmental entities involved.
(c) The county treasurer shall deposit one dollar ($1) of every
two dollars and fifty cents ($2.50) collected pursuant to subdivision
(b) into the general fund of the county.
(d) The authority to impose the two-dollar-and-fifty-cent ($2.50)
penalty authorized by subdivision (b) shall be reduced to one dollar
($1) as of the date of transfer of responsibility for facilities from
the county to the Judicial Council pursuant to Article 3 (commencing
with Section 70321) of Chapter 5.1, except as money is needed to pay
for construction provided for in Section 76100 and undertaken prior
to the transfer of responsibility for facilities from the county to
the Judicial Council.
(e) The seven-dollar ($7) additional penalty authorized by
subdivision (a) shall be reduced in each county by the additional
penalty amount assessed by the county for the local courthouse
construction fund established by Section 76100 as of January 1, 1998,
when the money in that fund is transferred to the state under
Section 70402. The amount each county shall charge as an additional
penalty under this section shall be as follows:
+----------+-----+-----------+-----+-----------+-----+
|Alameda |$5.00|Marin |$5.00|San Luis |$5.00|
| | | | |Obispo | |
+----------+-----+-----------+-----+-----------+-----+
|Alpine |$5.00|Mariposa |$2.50|San Mateo |$4.75|
+----------+-----+-----------+-----+-----------+-----+
| | | | |Santa | |
|Amador |$5.00|Mendocino |$7.00|Barbara |$3.50|
+----------+-----+-----------+-----+-----------+-----+
|Butte |$7.00|Merced |$4.75|Santa Clara|$5.50|
+----------+-----+-----------+-----+-----------+-----+
|Calaveras |$3.00|Modoc |$3.50|Santa Cruz |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Colusa |$6.00|Mono |$4.00|Shasta |$3.50|
+----------+-----+-----------+-----+-----------+-----+
|Contra | | | | | |
|Costa |$5.00|Monterey |$5.00|Sierra |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Del Norte |$7.00|Napa |$3.00|Siskiyou |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|El Dorado |$5.00|Nevada |$4.75|Solano |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Fresno |$7.00|Orange |$5.29|Sonoma |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Glenn |$4.00|Placer |$4.75|Stanislaus |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Humboldt |$5.00|Plumas |$7.00|Sutter |$6.00|
+----------+-----+-----------+-----+-----------+-----+
|Imperial |$6.00|Riverside |$4.60|Tehama |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Inyo |$4.00|Sacramento |$5.00|Trinity |$4.50|
+----------+-----+-----------+-----+-----------+-----+
|Kern |$7.00|San Benito |$5.00|Tulare |$5.00|
+----------+-----+-----------+-----+-----------+-----+
|Kings |$7.00|San |$5.00|Tuolumne | |
| | |Bernardino | | |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Lake |$7.00|San Diego |$7.00|Ventura |$5.00|
+----------+-----+-----------+-----+-----------+-----+
| | |San | | | |
|Lassen |$2.00|Francisco |$6.99|Yolo |$7.00|
+----------+-----+-----------+-----+-----------+-----+
|Los | | | | | |
|Angeles |$5.00|San Joaquin|$3.75|Yuba |$3.00|
+----------+-----+-----------+-----+-----------+-----+
|Madera |$7.00| | | | |
+----------+-----+-----------+-----+-----------+-----+
SEC. 27. Section 76000.3 is added to the Government Code, to read:
76000.3. (a) Notwithstanding any other provision of law, for each
parking offense where a parking penalty, fine, or forfeiture is
imposed, an added penalty of three dollars ($3) shall be imposed in
addition to the penalty, fine, or forfeiture set by the city,
district, or other issuing agency.
(b) For each infraction parking violation for which a penalty or
fine is collected in the courts of the county, the county treasurer
shall transmit the penalty imposed pursuant to subdivision (a) to the
Treasurer for deposit in the Trial Court Trust Fund established by
Section 68085. These moneys shall be taken from the penalties, fines,
and forfeitures deposited with the county treasurer prior to any
division pursuant to Section 1463.009 of the Penal Code. The judges
of the county shall increase the bail schedule amounts as appropriate
for infraction parking violations to reflect the added penalty
provided for by subdivision (a).
(c) In those cities, districts, or other issuing agencies which
elect to accept parking penalties, and otherwise process parking
violations pursuant to Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the Vehicle Code, that city, district, or
issuing agency shall collect the added penalty imposed by this
section. Each agency that elects to process parking violations shall
pay to the Treasurer for deposit in the Trial Court Trust Fund three
dollars ($3) for each civil parking penalty collected on each
violation. Those payments to the Treasurer shall be made monthly.
(d) This section shall become operative 60 days after the
enactment of the Budget Act of 2010.
(e) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 28. Section 77206 of the Government Code is amended to read:
77206. (a) Notwithstanding any other law, the Judicial Council
may regulate the budget and fiscal management of the trial courts.
The Judicial Council, in consultation with the Controller, shall
maintain appropriate regulations for recordkeeping and accounting by
the courts. The Judicial Council shall seek to ensure, by these
provisions, both of the following:
(1) That the fiscal affairs of the trial courts are managed
efficiently, effectively, and responsibly.
(2) That all moneys collected by the courts, including filing
fees, fines, forfeitures, and penalties, and all revenues and
expenditures relating to court operations are known.
The Judicial Council may delegate its authority under this
section, when appropriate, to the Administrative Director of the
Courts.
(b) Regulations, rules, and reporting requirements adopted
pursuant to this chapter shall be exempt from review and approval or
other processing by the Office of Administrative Law as provided for
in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
(c) The Controller, at the request of the Legislature, may perform
and publish financial and fiscal compliance audits of the reports of
court revenues and expenditures. The Controller shall report the
results of these audits to the Legislature and the Judicial Council.
(d) The Judicial Council shall provide for the transmission of
summary information concerning court revenues and expenditures to the
Controller.
(e) The Judicial Council shall adopt rules to provide for
reasonable public access to budget allocation and expenditure
information at the state and local levels.
(f) The Judicial Council shall adopt rules ensuring that, upon
written request, the trial courts provide, in a timely manner,
information relating to the administration of the courts, including
financial information and other information that affects the wages,
hours, and working conditions of trial court employees.
(g) (1) The Judicial Council or its representatives may do any
of the following:
(A) Inspect, review, and perform comprehensive oversight and
analysis of court financial records wherever they may be located.
(B) Investigate allegations of financial impropriety or
mismanagement.
(2) The authority granted pursuant to this subdivision shall not
substitute for, or conflict with, the audits conducted pursuant to
subdivisions (h) and (i).
(h) (1) Commencing not earlier than July 1, 2011, and not later
than December 15, 2012, the entity contracted with pursuant to
subdivision (j) shall establish a pilot program to audit six trial
courts. That entity shall select the trial courts using the following
criteria:
(A) Two trial courts selected from counties with a population of
200,000 or less.
(B) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
(C) Two trial courts selected from counties with a population of
750,000 or greater.
The audits shall be performed in accordance with generally
accepted government auditing standards and shall determine the trial
court's compliance with governing statutes, rules, and regulations
relating to the revenues, expenditures, and fund balances of all
material and significant funds, including state General Fund funds,
funds generated from fees or fines, federal funds, grants, and any
other funds within the trial court's administration or control. The
audits required by this section shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(2) Based on the results of the pilot program audits described in
paragraph (1), the entity contracted with pursuant to subdivision (j)
shall, on or before December 15, 2013, commence an audit of the
trial courts, provided that every trial court is audited in the
manner prescribed by this section at least once every four years. The
audits shall be performed in accordance with generally accepted
government auditing standards and shall determine the trial court's
compliance with governing statutes, rules, and regulations relating
to the revenues, expenditures, and fund balances of all material and
significant funds, including state General Fund funds, funds
generated from fees or fines, federal funds, grants, or any other
funds within the trial court's administration or control. The audits
required by this paragraph shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(3) Notwithstanding Section 10231.5, the auditing entity shall
compile the trial court audit findings and report the results of
these audits to the Legislature, the Judicial Council, and the
Department of Finance no later than April 1 of each year. An audit
report shall not be considered final until the audited entity is
provided a reasonable opportunity to respond and the response is
included with, or incorporated into, the report.
(4) The reasonable and necessary contracted cost of the audit
conducted pursuant to this subdivision shall be paid from funds of
the local trial court being audited.
(i) (1) On or before December 15, 2013, and biennially thereafter,
the entity contracted with pursuant to subdivision (j) shall perform
an audit of the Administrative Office of the Courts in accordance
with generally accepted government auditing standards and shall
determine the Administrative Office of the Court's compliance with
governing statutes, rules, regulations, and policies relating to the
revenues, expenditures, and fund balances of all material and
significant funds under the administration, jurisdiction, or control
of the Administrative Office of the Courts.
(2) Notwithstanding Section 10231.5, the auditing entity shall
provide a copy of the final audit report of the Administrative Office
of the Courts to the Legislature, the Judicial Council, and the
Department of Finance upon issuance. An audit report shall not be
considered final until the audited entity is provided a reasonable
opportunity to respond and the response is included with, or
incorporated into, the report.
(3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
(j) The Administrative Office of the Courts shall contract with
the Controller to perform the audits described in subdivisions (h)
and (i), unless either the Bureau of State Audits or the Department
of Finance demonstrates that it can perform the audits pursuant to
the same timeframes, scope, and methodology as the Controller for a
cost that is less than that proposed by the Controller. In that case,
the Administrative Office of the Courts may contract with the state
entity named in this subdivision that is most cost effective. The
Administrative Office of the Courts shall provide written
notification to the chairs of the Senate Committee on Budget and
Fiscal Review, the Assembly Committee on Budget, and the Senate and
Assembly Committees on Judiciary, if the Administrative Office of the
Courts contracts with an entity other than the Controller. The
contract period for any contract entered into pursuant to this
section shall not exceed four years from the date of commencement.
(k) A report submitted pursuant to subdivision (h) or (i) shall be
submitted in compliance with Section 9795.
SEC. 29. Section 1214 of the Penal Code is amended to read:
1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4, 1202.44, or 1202.45, or
Section 1203.04 as operative on or before August 2, 1995, or Section
13967 of the Government Code, as operative on or before September 28,
1994, with or without imprisonment, or a diversion restitution fee
ordered pursuant to Section 1001.90, the judgment may be enforced in
the manner provided for the enforcement of money judgments generally.
Any portion of a restitution fine or restitution fee that remains
unsatisfied after a defendant is no longer on probation or parole or
has completed diversion is enforceable by the California Victim
Compensation and Government Claims Board pursuant to this section.
Notwithstanding any other provision of law prohibiting disclosure,
the state, as defined in Section 900.6 of the Government Code, a
local public entity, as defined in Section 900.4 of the Government
Code, or any other entity, may provide the California Victim
Compensation and Government Claims Board any and all information to
assist in the collection of unpaid portions of a restitution fine for
terminated probation or parole cases, or of a restitution fee for
completed diversion cases. For purposes of the preceding sentence,
"state, as defined in Section 900.6 of the Government Code," and "any
other entity" shall not include the Franchise Tax Board.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4. The court also shall provide this
information to the district attorney upon request in connection with
an investigation or prosecution involving perjury or the veracity of
the information contained within the defendant's financial
disclosure. In addition, upon request, the court shall provide the
California Victim Compensation and Government Claims Board with a
certified copy of any order imposing a restitution fine or order and
a copy of the defendant's disclosure pursuant to paragraph (4) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (5) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (7) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the California Victim Compensation and
Government Claims Board shall inform the court whenever an order to
pay restitution is satisfied.
(c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 in any of the following cases may be
enforced in the same manner as a money judgment in a limited civil
case:
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendere.
(d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to
any of the following:
(1) A judgment for any fine.
(2) Any restitution fine or restitution order imposed pursuant to
Section 1202.4, 1202.44, or 1202.45, or Section 1203.04, as operative
on or before August 2, 1995, or Section 13967 of the Government
Code, as operative on or before September 28, 1994.
(3) Any diversion restitution fee ordered pursuant to Section
1001.90.
SEC. 30. Section 1463.007 of the Penal Code is amended to read:
1463.007. Notwithstanding any other provision of law, any county
or court that implements or has implemented a comprehensive program
to identify and collect delinquent fees, fines, forfeitures,
penalties, and assessments, including, but not limited to, public
defender fees, with or without a warrant having been issued against
the alleged violator, if the base fees, fines, forfeitures,
penalties, and assessments are delinquent, may deduct and deposit in
the county treasury or in the trial court operations fund the cost of
operating that program, excluding capital expenditures, from any
revenues collected thereby prior to making any distribution of
revenues to other governmental entities required by any other
provision of law. Any county or court may establish a minimum base
fee, fine, forfeiture, penalty, or assessment amount for inclusion in
the program. This section applies to costs incurred by a court or a
county on or after June 30, 1997, and prior to the implementation of
a time payments agreement, and shall supersede any prior law to the
contrary. This section does not apply to a defendant who is paying
fees, fines, forfeitures, penalties, or assessments through time
payments, unless he or she is delinquent in making payments according
to the agreed-upon payment schedule. For purposes of this section, a
comprehensive collection program is a separate and distinct revenue
collection activity and shall include at least 10 of the following
components:
(a) Monthly bill or account statements to all debtors.
(b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
(c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
(d) Requests for credit reports to assist in locating delinquent
debtors.
(e) Access to Employment Development Department employment and
wage information.
(f) The generation of monthly delinquent reports.
(g) Participation in the Franchise Tax Board's Interagency
Intercept Collections Program.
(h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
(i) The use of wage and bank account garnishments.
(j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
(k) The filing of a claim or the filing of objections to the
inclusion of outstanding fines and forfeitures in bankruptcy
proceedings.
(l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
(m) The initiation of driver's license suspension actions where
appropriate.
(n) The capability to accept credit card payments.
(o) Participation in the Franchise Tax Board's Court-Ordered Debt
Collections Program.
(p) Contracting with one or more private debt collectors.
(q) The use of local, regional, state, or national skip tracing or
locator resources or services to locate delinquent debtors.
(r) This section shall become inoperative on July 1, 2012, and, as
of January 1, 2013, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2013, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 31. Section 1463.007 is added to the Penal Code, to read:
1463.007. (a) Notwithstanding any other provision of law, any
county or court that operates a comprehensive collection program may
deduct the costs of operating that program, excluding capital
expenditures, from any revenues collected under that program. The
costs shall be deducted before any distribution of revenues to other
governmental entities required by any other provision of law. Any
county or court operating a comprehensive collection program may
establish a minimum base fee, fine, forfeiture, penalty, or
assessment amount for inclusion in the program.
(b) Once debt becomes delinquent, it continues to be delinquent
and may be subject to collection by a comprehensive collection
program. Debt is delinquent and subject to collection by a
comprehensive collection program if any of the following conditions
is met:
(1) A defendant does not post bail or appear on or before the date
on which he or she promised to appear, or any lawful continuance of
that date, if that defendant was eligible to post and forfeit bail.
(2) A defendant does not pay the amount imposed by the court on or
before the date ordered by the court, or any lawful continuance of
that date.
(3) A defendant has failed to make an installment payment on the
date specified by the court.
(c) For the purposes of this section, a "comprehensive collection
program" is a separate and distinct revenue collection activity that
meets each of the following criteria:
(1) The program identifies and collects amounts arising from
delinquent court-ordered debt, whether or not a warrant has been
issued against the alleged violator.
(2) The program complies with the requirements of subdivision (b)
of Section 1463.010.
(3) The program engages in each of the following activities:
(A) Attempts telephone contact with delinquent debtors for whom
the program has a phone number to inform them of their delinquent
status and payment options.
(B) Notifies delinquent debtors for whom the program has an
address in writing of their outstanding obligation within 95 days of
delinquency.
(C) Generates internal monthly reports to track collections data,
such as age of debt and delinquent amounts outstanding.
(D) Uses Department of Motor Vehicles information to locate
delinquent debtors.
(E) Accepts payment of delinquent debt by credit card.
(4) The program engages in at least five of the following
activities:
(A) Sends delinquent debt to the Franchise Tax Board's
Court-Ordered Debt Collections Program.
(B) Sends delinquent debt to the Franchise Tax Board's Interagency
Intercept Collections Program.
(C) Initiates driver's license suspension or hold actions when
appropriate.
(D) Contracts with one or more private debt collectors to collect
delinquent debt.
(E) Sends monthly bills or account statements to all delinquent
debtors.
(F) Contracts with local, regional, state, or national skip
tracing or locator resources or services to locate delinquent
debtors.
(G) Coordinates with the probation department to locate debtors
who may be on formal or informal probation.
(H) Uses Employment Development Department employment and wage
information to collect delinquent debt.
(I) Establishes wage and bank account garnishments where
appropriate.
(J) Places liens on real property owned by delinquent debtors when
appropriate.
(K) Uses an automated dialer or automatic call distribution system
to manage telephone calls.
(d) This section shall become operative on July 1, 2012.
SEC. 32. Section 1463.02 of the Penal Code is amended to read:
1463.02. (a) On or before June 30, 2011, the Judicial Council
shall establish a task force to evaluate criminal and traffic-related
court-ordered debts imposed against adult and juvenile offenders.
The task force shall be comprised of the following members:
(1) Two members appointed by the California State Association of
Counties.
(2) Two members appointed by the League of California Cities.
(3) Two court executives, two judges, and two Administrative
Office of the Courts employees appointed by the Judicial Council.
(4) One member appointed by the Controller.
(5) One member appointed by the Franchise Tax Board.
(6) One member appointed by the California Victim Compensation and
Government Claims Board.
(7) One member appointed by the Department of Corrections and
Rehabilitation.
(8) One member appointed by the Department of Finance.
(9) One member appointed by each house of the Legislature.
(10) A county public defender and a city attorney appointed by the
Speaker of the Assembly.
(11) A defense attorney in private practice and a district
attorney appointed by the Senate Committee on Rules.
(b) The Judicial Council shall designate a chairperson for the
task force. The task force shall, among other duties, do all of the
following:
(1) Identify all criminal and traffic-related court-ordered fees,
fines, forfeitures, penalties, and assessments imposed under law.
(2) Identify the distribution of revenue derived from those debts
and the expenditures made by those entities that benefit from the
revenues.
(3) Consult with state and local entities that would be affected
by a simplification and consolidation of criminal and traffic-related
court-ordered debts.
(4) Evaluate and make recommendations to the Judicial Council and
the Legislature for consolidating and simplifying the imposition of
criminal and traffic-related court-ordered debts and the distribution
of the revenue derived from those debts with the goal of improving
the process for those entities that benefit from the revenues, and
recommendations, if any, for adjustment to the court-ordered debts.
(c) The task force also shall document recent annual revenues from
the various penalty assessments and surcharges and, to the extent
feasible, evaluate the extent to which the amount of each penalty
assessment and surcharge impacts total annual revenues, imposition of
criminal sentences, and the actual amounts assessed.
(d) The task force also shall evaluate and make recommendations to
the Judicial Council and the Legislature on or before June 30, 2011,
regarding the priority in which court-ordered debts should be
satisfied and the use of comprehensive collection programs authorized
pursuant to Section 1463.007, including associated cost-recovery
practices.
SEC. 33. Section 1465.8 of the Penal Code, as amended by Section 5
of Chapter 342 of the Statutes of 2009, is amended to read:
1465.8. (a) (1) To ensure and maintain adequate funding for court
security, a fee of forty dollars ($40) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security fee shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
(b) This fee shall be in addition to the state penalty assessed
pursuant to Section 1464 and may not be included in the base fine to
calculate the state penalty assessment as specified in subdivision
(a) of Section 1464. The penalties authorized by Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply to
this fee.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the fee prescribed by this section.
(d) Notwithstanding any other provision of law, the fees collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund. The fees
collected pursuant to this section shall not be subject to
subdivision (e) of Section 1203.1d, but shall be disbursed under
subdivision (b) of Section 1203.1d.
(e) The Judicial Council shall provide for the administration of
this section.
(f) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.
SEC. 34. Section 1465.8 of the Penal Code, as added by Section 30
of Chapter 22 of the Fourth Extraordinary Session of the Statutes of
2009, is amended to read:
1465.8. (a) (1) To ensure and maintain adequate funding for court
security, a fee of thirty dollars ($30) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security fee shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
(b) This fee shall be in addition to the state penalty assessed
pursuant to Section 1464 and may not be included in the base fine to
calculate the state penalty assessment as specified in subdivision
(a) of Section 1464. The penalties authorized by Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply to
this fee.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the fee prescribed by this section.
(d) Notwithstanding any other provision of law, the fees collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(e) The Judicial Council shall provide for the administration of
this section.
(f) This section shall become operative on July 1, 2011.
(g) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 35. Section 1465.8 is added to the Penal Code, to read:
1465.8. (a) (1) To ensure and maintain adequate funding for court
security, a fee of twenty dollars ($20) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security fee shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
(b) This fee shall be in addition to the state penalty assessed
pursuant to Section 1464 and may not be included in the base fine to
calculate the state penalty assessment as specified in subdivision
(a) of Section 1464. The penalties authorized by Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply to
this fee.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the fee prescribed by this section.
(d) Notwithstanding any other provision of law, the fees collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(e) The Judicial Council shall provide for the administration of
this section.
(f) This section shall become operative on July 1, 2013.
SEC. 36. Section 40510.5 of the Vehicle Code is amended to read:
40510.5. (a) The clerk of the court may accept a payment and
forfeiture of at least 10 percent of the total bail amount for each
infraction violation of this
code prior to the date on which the defendant promised to appear,
or prior to the expiration of any lawful continuance of that date, or
upon receipt of information that an action has been filed and prior
to the scheduled court date, if all of the following circumstances
exist:
(1) The defendant is charged with an infraction violation of this
code or an infraction violation of an ordinance adopted pursuant to
this code.
(2) The defendant submits proof of correction, when proof of
correction is mandatory for a correctable offense.
(3) The offense does not require an appearance in court.
(4) The defendant signs a written agreement to pay and forfeit the
remainder of the required bail according to an installment schedule
as agreed upon with the court. The Judicial Council shall prescribe
the form of the agreement for payment and forfeiture of bail in
installments for infraction violations.
(b) When a clerk accepts an agreement for payment and forfeiture
of bail in installments, the clerk shall continue the appearance date
of the defendant to the date to complete payment and forfeiture of
bail in the agreement.
(c) Except for subdivisions (b) and (c) of Section 1269b and
Section 1305.1, the provisions of Chapter 1 (commencing with Section
1268) of Title 10 of Part 2 of the Penal Code do not apply to an
agreement to pay and forfeit bail in installments under this section.
(d) For the purposes of reporting violations of this code to the
department under Section 1803, the date that the defendant signs an
agreement to pay and forfeit bail in installments shall be reported
as the date of conviction.
(e) When the defendant fails to make an installment payment
according to an agreement under subdivision (a) above, the court may
charge a failure to appear or pay under Section 40508 and impose a
civil assessment as provided in Section 1214.1 of the Penal Code or
issue an arrest warrant for a failure to appear.
(f) Payment of a bail amount under this section is forfeited when
collected and shall be distributed by the court in the same manner as
other fines, penalties, and forfeitures collected for infractions.
(g) The defendant shall pay to the clerk of the court or the
collecting agency a fee for the processing of installment accounts.
This fee shall equal the administrative and clerical costs, as
determined by the board of supervisors or by the court, except that
the fee shall not exceed thirty-five dollars ($35).
SEC. 37. Section 42007 of the Vehicle Code is amended to read:
42007. (a) (1) The clerk of the court shall collect a fee from
every person who is ordered or permitted to attend a traffic violator
school pursuant to Section 42005 or who attends any other
court-supervised program of traffic safety instruction. The fee shall
be in an amount equal to the total bail set forth for the eligible
offense on the uniform countywide bail schedule. As used in this
subdivision, "total bail" means the amount established pursuant to
Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 10
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover
administrative and clerical costs for processing an installment
payment of the traffic violator school fee under this paragraph.
(3) When a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay. For the purposes of reporting a conviction under this
subdivision to the department under Section 1803, the date that the
court declares the bail forfeited shall be reported as the date of
conviction.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy Emergency Medical
Services Fund pursuant to Section 1797.98a of the Health and Safety
Code, an amount equal to the sum of each two dollars ($2) for every
seven dollars ($7) that would have been collected pursuant to Section
76000 of the Government Code and, commencing January 1, 2009, an
amount equal to the sum of each two dollars ($2) for every ten
dollars ($10) that would have been collected pursuant to Section
76000.5 of the Government Code with respect to those counties to
which that section is applicable shall be deposited in that fund.
Nothing in the act that added this paragraph shall be interpreted in
a manner that would result in either of the following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
(e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.
(f) Notwithstanding any other provision of law, a county that has
established a Maddy Emergency Medical Services Fund pursuant to
Section 1797.98a of the Health and Safety Code shall not be held
liable for having deposited into the fund, prior to January 1, 2009,
an amount equal to two dollars ($2) for every ten dollars ($10) that
would have been collected pursuant to Section 76000.5 of the
Government Code from revenues derived from traffic violator school
fees collected pursuant to this section.
SEC. 38. Section 42008.7 is added to the Vehicle Code, to read:
42008.7. (a) The State of California continues to face a fiscal
and economic crisis affecting the state budget and the overall state
economy. In light of this crisis, a one-time infraction amnesty
program would do the following:
(1) Provide relief to individuals who have found themselves in
violation of a court-ordered obligation because they are financially
unable to pay traffic bail or fines.
(2) Provide increased revenue at a time when revenue is scarce by
encouraging payment of old fines that have remained unpaid.
(3) Allow courts and counties to resolve older delinquent cases
and focus limited resources on collecting on more recent cases.
(b) A one-time amnesty program for fines and bail meeting the
eligibility requirements set forth in subdivision (d) shall be
established in each county. Unless agreed otherwise by the court and
the county in writing, the government entities that are responsible
for the collection of delinquent court-ordered debt shall be
responsible for implementation of the amnesty program as to that
debt, maintaining the same division of responsibility in place with
respect to the collection of court-ordered debt under subdivision (b)
of Section 1463.010 of the Penal Code.
(c) As used in this section, the term "fine" or "bail" refers to
the total amounts due in connection with a specific violation, which
include, but are not limited to, the following:
(1) Base fine or bail, as established by court order, by statute,
or by the court's bail schedule.
(2) Penalty assessments imposed pursuant to Section 1464 of the
Penal Code and Sections 76000, 70372, 76104.6, 76104.7, and 76000.5
of the Government Code.
(3) Civil assessment imposed pursuant to Section 1214.1 of the
Penal Code.
(4) State surcharge imposed pursuant to Section 1465.7 of the
Penal Code.
(5) Court security fee imposed pursuant to Section 1465.8 of the
Penal Code.
(d) Violations are only eligible for amnesty if all of the
following requirements are met:
(1) The violation is an infraction violation filed with the court.
(2) The due date for payment of the fine or bail was on or before
January 1, 2009.
(3) The defendant does not owe victim restitution on any case
within the county.
(4) There are no outstanding misdemeanor or felony warrants for
the defendant within the county.
(e) Each amnesty program shall accept, in full satisfaction of any
eligible fine or bail, 50 percent of the fine or bail amount, as
defined in subdivision (c) of this section. Payment of a fine or bail
under an amnesty program implemented pursuant to this section shall
be accepted beginning January 1, 2012, and ending June 30, 2012. The
Judicial Council shall adopt guidelines for the amnesty program no
later than November 1, 2011, and each program shall be conducted in
accordance with Judicial Council guidelines.
(f) No criminal action shall be brought against a person for a
delinquent fine or bail paid under the amnesty program.
(g) The total amount of funds collected under the amnesty program
shall as soon as practical after receipt thereof be deposited in the
county treasury or the account established under Section 77009 of the
Government Code. Any unreimbursed costs of operating the amnesty
program, excluding capital expenditures, may be deducted from the
revenues collected under the amnesty program by the court or the
county that incurred the expense of operating the program.
Notwithstanding Section 1203.1d of the Penal Code, the remaining
revenues collected under the amnesty program shall be distributed on
a pro rata basis in the same manner as a partial payment distributed
pursuant to Section 1462.5 of the Penal Code.
(h) Each court or county implementing an amnesty program shall
file, not later than September 30, 2012, a written report with the
Judicial Council, on a form approved by the Judicial Council. The
report shall include information about the number of cases resolved,
the amount of money collected, and the operating costs of the amnesty
program. Notwithstanding Section 10231.5 of the Government Code, on
or before December 31, 2012, the Judicial Council shall submit a
report to the Legislature summarizing the information provided by
each court or county.
SEC. 39. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 40. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to facilitate the timely passage of the Budget Act, to
make the necessary statutory changes to improve the state's ability
to address the General Fund shortfall, and to implement the Budget
Act of 2010, it is necessary that this act take effect immediately.