BILL NUMBER: AB 223 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 27, 2001
INTRODUCED BY Assembly Member Frommer
FEBRUARY 13, 2001
An act to amend Sections 2026 and 2033.5 of the Code of Civil
Procedure, and to amend Section 915 of the
Evidence Code, to amend Sections 15202, 68085, 68502.5, 77001,
77003, 77202, and 77212, to add Section 77214 to, and to repeal
Sections 26835.1, 26838, 26850.1, 26851.1, 26853.1, and 68113 of, the
Government Code, and to amend Sections 4750, 4751, and 4753 of the
Penal Code, relating to civil procedure
courts .
LEGISLATIVE COUNSEL'S DIGEST
AB 223, as amended, Frommer. Evidence: depositions: forms:
discovery.
Existing law provides that a party may obtain discovery by taking
an oral deposition in another state of the United States, or in a
territory or an insular possession subject to its jurisdiction. The
deposition must be conducted under the supervision of a person
authorized to administer oaths by the laws of the United States or
before a person appointed by the court.
This bill would authorize the clerk of the court to issue a
commission authorizing the deposition in another state or place. The
commission would be issued to any party in any action pending in its
venue without a noticed motion or court order. The commission
would contain such terms as are required by the foreign jurisdiction
to initiate the process. If a court order is required by the foreign
jurisdiction, an order for a commission would be authorized to be
obtained by an ex parte application.
Existing law requires the Judicial Council to develop and approve
official form interrogatories and requests for admission of the
genuineness of any relevant documents or of the truth of any relevant
matters of fact in any civil action in a state court based on
personal injury, property damage, wrongful death, unlawful detainer,
breach of contract, family law, or fraud.
This bill would instead authorize the Judicial Council to develop
and approve official form interrogatories and requests for admission
for use in any civil action in a state court.
Existing law generally provides that attorney work product is not
discoverable unless the court determines the denial of discovery will
unfairly prejudice the party seeking discovery, as specified.
However, existing law also provides that any writing reflecting an
attorney's impressions, conclusions, opinions, or legal research or
theories is not discoverable under any circumstances. Existing law
relating to the assertion of privilege provides that the presiding
officer may not require disclosure of information claimed to be
privileged in order to rule on the claim. However, if a court is
unable to rule on the validity of the assertion of certain specified
privileges without requiring disclosure, the court may require the
disclosure of the information in chambers out of the presence and
hearing of all persons except the person authorized to claim the
protection and such other persons as the person authorized to claim
the protection is willing to have present.
This bill would specify that a presiding officer may not require
disclosure of attorney work product coming within the absolute
prohibition in order to rule on a claim of privilege and would
provide that other attorney work product may be disclosed pursuant to
the above procedure in order to rule on such a claim.
Existing law provides that the Judicial Council shall establish by
rule the Trial Court Budget Commission and may delegate certain
budgetary activities and recommending authority to the Trial Court
Budget Commission. Existing law also provides specific standards for
the allocation determination made by the Judicial Council. Existing
law requires that each trial court send a copy of its budget request
to the board of supervisors, and provides that the board of
supervisors may comment on the budget to the Trial Court Budget
Commission.
This bill would remove the statutory authorization for the Trial
Court Budget Commission and repeal the provision requiring the
sending of a copy of a trial court budget request to the board of
supervisors. This bill would also provide that the Judicial Council
may seek input regarding budgetary activities as it deems
appropriate, and expressly permit the consideration of other issues
when making allocation determinations. This bill would repeal the
statute requiring that each trial court send a copy of its budget
request to the board of supervisors, and authorizing the board of
supervisors to comment on the budget to the Trial Court Budget
Commission.
Existing law contains a variety of provisions for coordinated
courts.
This bill would eliminate provisions involving coordinated courts.
Existing law provides for the payment to the counties by the state
for the costs, including court costs, for homicide trials in small
counties.
This bill would amend the provisions involving homicide trials to
include court-related costs to be divided between the county and the
court, as specified.
Existing law provides for the payment to the counties by the state
for the costs, including court costs, for trials involving inmates
in state penal institutions.
This bill would amend the provisions involving inmate offenses by
providing that the superior courts may be compensated directly by the
state for court-related costs.
Existing law requires the payment of specified fees for document
authentication, filing a motion prior to the filing of the record on
appeal, filing and indexing papers for which a charge is not
otherwise provided, recording, registering, or issuing any license or
certificate, and taking an affidavit.
This bill would repeal the statutes requiring these fees.
Existing law establishes the Trial Court Trust Fund which is
funded by fees charged by the court.
This bill would remove certain fees charged by the court from
those used to fund the Trial Court Trust Fund.
This bill would authorize the Administrative Office of the Courts
to offer services to the courts and, if the Judicial Council directs,
require the courts to use these services.
This bill would expressly authorize the Judicial Council to
restrict or prohibit a trial court from transferring money from one
program to another.
This bill would also require that any specified costs, charged to
the courts by the counties, be expressly stated and contain only
items of court operations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2026 of the Code of Civil Procedure is amended
to read:
2026. (a) Any party may obtain discovery by taking an oral
deposition, as described in subdivision (a) of Section 2025, in
another state of the United States, or in a territory or an insular
possession subject to its jurisdiction. Except as modified in this
section, the procedures for taking oral depositions in California set
forth in Section 2025 apply to an oral deposition taken in another
state of the United States, or in a territory or an insular
possession subject to its jurisdiction.
(b) (1) If a deponent is a party to the action or an officer,
director, managing agent, or employee of a party, the service of the
deposition notice is effective to compel that deponent to attend and
to testify, as well as to produce any document or tangible thing for
inspection and copying. The deposition notice shall specify a place
in the state, territory, or insular possession of the United States
that is within 75 miles of the residence or a business office of a
deponent.
(2) If the deponent is not a party to the action or an officer,
director, managing agent, or employee of a party, a party serving a
deposition notice under this section shall use any process and
procedures required and available under the laws of the state,
territory, or insular possession where the deposition is to be taken
to compel the deponent to attend and to testify, as well as to
produce any document or tangible thing for inspection, copying, and
any related activity.
(c) A deposition taken under this section shall be conducted (1)
under the supervision of a person who is authorized to administer
oaths by the laws of the United States or those of the place where
the examination is to be held, and who is not otherwise disqualified
under subdivision (k) and subparagraph (B) of paragraph (2) of
subdivision (l) of Section 2025, or (2) before a person appointed by
the court. This appointment is effective to authorize that person to
administer oaths and to take testimony. On request, the clerk of
the court shall issue a commission authorizing the deposition in
another state or place. The commission shall request that process
issue in the place where the examination is to be held, requiring
attendance and enforcing the obligations of the deponents to produce
documents and answer questions. The commission shall be issued by
the clerk to any party in any action pending in its venue without a
noticed motion or court order. The commission may contain such terms
as are required by the foreign jurisdiction to initiate the process.
If a court order is required by the foreign jurisdiction, an order
for a commission may be obtained by ex parte application.
SEC. 2. Section 2033.5 of the Code of Civil Procedure is amended
to read:
2033.5. (a) The Judicial Council may develop and approve
official form interrogatories and requests for admission of the
genuineness of any relevant documents or of the truth of any relevant
matters of fact for use in any civil action in a state court. Use
of the approved form interrogatories and requests for admission shall
be optional.
(b) In developing the form interrogatories and requests for
admission required by this section, the Judicial Council shall
consult with a representative advisory committee which shall include,
but not be limited to, representatives of the plaintiff's bar, the
defense bar, the public interest bar, court administrators, and the
public. The form interrogatories and requests for admission shall be
drafted in nontechnical language and shall be made available through
the office of the clerk of the appropriate trial court.
(c) The Judicial Council also shall promulgate any necessary rules
to govern the use of the form interrogatories and requests for
admission.
(d) The Judicial Council shall develop and approve official form
interrogatories for use by a victim who has not received complete
payment of a restitution order made pursuant to Section 1202.4 of the
Penal Code.
(e) Notwithstanding whether a victim initiates or maintains an
action to satisfy the unpaid restitution order, a victim may propound
the form interrogatories approved pursuant to this section once each
calendar year. The defendant subject to the restitution order
shall, in responding to the interrogatories propounded, provide
current information regarding the nature, extent, and location of any
assets, income, and liabilities in which the defendant claims a
present or future interest.
(f) This section shall become operative on January 1, 2000.
SEC. 3. Section 915 of the Evidence Code is amended to read:
915. (a) Subject to subdivision (b), the presiding officer may
not require disclosure of information claimed to be privileged under
this division or attorney work product under subdivision (c) of
Section 2018 of the Code of Civil Procedure in order to rule on the
claim of privilege; provided, however, that in any hearing conducted
pursuant to subdivision (c) of Section 1524 of the Penal Code in
which a claim of privilege is made and the court determines that
there is no other feasible means to rule on the validity of such
claim other than to require disclosure, the court shall proceed in
accordance with subdivision (b).
(b) When a court is ruling on a claim of privilege under Article 9
(commencing with Section 1040) of Chapter 4 (official information
and identity of informer) or under Section 1060 (trade secret) or
under subdivision (b) of Section 2018 of the Code of Civil Procedure
(attorney work product) and is unable to do so without requiring
disclosure of the information claimed to be privileged, the court may
require the person from whom disclosure is sought or the person
authorized to claim the privilege, or both, to disclose the
information in chambers out of the presence and hearing of all
persons except the person authorized to claim the privilege and such
other persons as the person authorized to claim the privilege is
willing to have present. If the judge determines that the
information is privileged, neither he nor any other person may ever
disclose, without the consent of a person authorized to permit
disclosure, what was disclosed in the course of the proceedings in
chambers.
SEC. 4. Section 15202 of the Government Code, as added by Section
12 of Chapter 127 of the Statutes of 2000, is amended to read:
15202. (a) A county with a population of 300,000 or less, at the
time of the 1980 decennial census, that is responsible for the cost
of a trial or trials or any hearing of a person for the offense of
homicide may apply to the Controller for reimbursement of 90 percent
of the costs incurred by the county for each homicide trial or
hearing, without regard to fiscal years, in excess of the amount of
money derived by the county from a tax of 0.00625 of 1 percent of the
full value of property assessed for purposes of taxation within the
county.
(b) (1) A county with a population of 200,000 or less, as of
January 1, 1990, that is responsible for the cost of two or more
trials or hearings within a fiscal year of a person or persons for
the offense of homicide may apply to the Controller for reimbursement
of 90 percent of the costs incurred in a fiscal year by the county
for the conduct of the first trial within a fiscal year, and 85
percent of the costs incurred in a fiscal year by the county for the
conduct of any and all subsequent trials or hearings in excess of the
amount of money derived by the county from a tax of 0.00625 of 1
percent of the full value of property assessed for purposes of
taxation within the county.
(2) A county with a population of 200,000 or less, as of January
1, 1990, that, within a fiscal year, is reimbursed for costs incurred
by the county for the conduct of only one trial or hearing pursuant
to subdivision (a) shall be reimbursed for that one trial or hearing
in subsequent fiscal years for costs incurred in those subsequent
fiscal years without again being required to expend county funds
equal to 0.00625 of 1 percent of the full value of property assessed
for purposes of taxation within the county, so long as all
reimbursements to the county under this paragraph are for only that
one trial or hearing.
For purposes of this subdivision, in determining the costs of a
homicide trial, trials, hearing, or hearings, the costs shall
include, all pretrial, trial, and posttrial costs incurred in
connection with the investigation, prosecution, and defense of a
homicide case or cases within a fiscal year, including, but not
limited to, the costs incurred by the district attorney, sheriff,
public defender, and witnesses, that were reasonably required by the
court and participants in the case or cases, and other extraordinary
costs associated with the investigation in homicide cases.
(c) A county with a population exceeding 300,000 at the time of
the 1980 decennial census that is responsible for the cost of a trial
or trials or any hearing of a person for the offense of homicide may
apply to the Controller for reimbursement of 80 percent of the costs
incurred by the county in excess of the amount of money derived by
the county from a tax of 0.00625 of 1 percent, and not in excess of
the amount of money derived from a tax of 0.0125 of 1 percent, and
for reimbursement of 100 percent of the costs incurred in excess of
the amount of money derived from a tax of 0.0125 percent, of the full
value of property assessed for purposes of taxation within the
county.
(d) A county that is eligible for reimbursement under subdivision
(a), (b), or (c) shall be reimbursed for the total actual costs
incurred for a homicide trial in excess of the amount of money
derived by the county from a tax of 0.0125 of 1 percent of the full
value of property assessed for purposes of taxation within the
county, when the cost of a trial, as defined in subdivision (a), (b),
or (c), exceeds 0.0125 of 1 percent of the full value of property
assessed for purposes of taxation within the county.
(e) The Controller shall not reimburse any county for costs that
exceed the standards for travel and per diem expenses set forth in
Sections 700 to 715, inclusive, and Section 718 of Title 2 of the
California Code of Regulations. The Controller may reimburse
extraordinary costs in unusual cases if the county provides
sufficient justification of the need for these expenditures. Nothing
in this section shall permit the reimbursement of costs for travel
in excess of 1,000 miles on any single round trip, without the prior
approval of the Attorney General.
(f) The Legislature recognizes that the conduct of trials for
persons accused of homicide should not be hampered or delayed because
of a lack of funds available to the counties for that purpose.
While this section is intended to provide an equitable basis for
determining the allocation to the state of the costs of homicide
trials in any particular county, the rising costs of those trials
necessitate an objective study to assure reasonable financial
restraints and incentives for cost effectiveness that do not place an
unreasonable burden on the treasury of the smaller counties.
(g) For purposes of this section, county costs include any
court-related costs. The county shall ask the superior court how
much court-related costs were incurred by the court and shall include
these costs in its application. The amount of any reimbursement
shall be divided between the court and the county in the proportion
in which the total costs in the application are divided between the
court and the county.
(h) This section shall remain operative only until January
1, 2005, and as of that date is repealed.
SEC. 5. Section 15202 of the Government Code, as added by Section
11 of Chapter 127 of the Statutes of 2000, is amended to read:
15202. A county which is responsible for the cost of a trial or
trials or any hearing of a person for the offense of homicide may
apply to the Controller for reimbursement of the costs incurred by
the county in excess of the amount of money derived by the county
from a tax of 0.0125 of 1 percent of the full value of property
assessed for purposes of taxation within the county.
The Controller shall not reimburse any county for costs that
exceed the State Board of Control's standards for travel and per diem
expenses. The Controller may reimburse extraordinary costs in
unusual cases if the county provides sufficient justification of the
need for these expenditures. Nothing in this section shall permit
the reimbursement of costs for travel in excess of 1,000 miles on any
single round trip, without the prior approval of the Attorney
General.
For purposes of this section, county costs include any
court-related costs. The county shall ask the superior court how much
court-related costs were incurred by the court and shall include
these costs in its application. The amount of any reimbursement
shall be divided between the court and the county in the proportion
in which the total costs in the application are divided between the
court and the county.
This section shall become operative on January 1, 2005.
SEC. 6. Section 26835.1 of the Government Code is repealed.
26835.1. (a) The clerk of the court shall collect a fee of six
dollars ($6) per signature for any document that is required to be
authenticated pursuant to court order.
(b) Each document authenticated by the county clerk shall contain
the following statement:
"____, County Clerk and ex officio Clerk of the Superior Court, in
and for the County of ____, State of California. Signed pursuant to
court order dated ____ in the matter of ____ petitioner v. ____,
respondent, Case No. ____."
(c) Notwithstanding Section 68085, two dollars ($2) of the fee
authorized by subdivision (a) shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 7. Section 26838 of the Government Code is repealed.
26838. The fee for a certificate required by courts of appeal or
the Supreme Court on filing a notice of motion prior to the filing of
the record on appeal in the reviewing court is twenty-three dollars
($23). Notwithstanding Section 68085, fourteen dollars ($14) of the
fee authorized in this section shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 8. Section 26850.1 of the Government Code is repealed.
26850.1. For filing and indexing all papers for which a charge is
not elsewhere provided, other than papers filed in actions or
special proceedings, official bonds, or certificates of appointment,
the fee is six dollars ($6). Notwithstanding Section 68085, two
dollars and twenty-five cents ($2.25) of the fee authorized in this
section shall be deposited in the county general fund for use as
county general fund revenue.
SEC. 9. Section 26851.1 of the Government Code is repealed.
26851.1. For either recording or registering any license or
certificate or issuing any certificate, or both, in connection with a
license, required by law for which a charge is not otherwise
prescribed, the fee is six dollars ($6). Notwithstanding Section
68085, two dollars and twenty-five cents ($2.25) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 10. Section 26853.1 of the Government Code is repealed.
26853.1. The fee for taking an affidavit, except in criminal
cases or adoption proceedings, is six dollars ($6). Notwithstanding
Section 68085, two dollars and twenty-five cents ($2.25) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 11. Section 68085 of the Government Code is amended to read:
68085. (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned at least quarterly
for the purpose of funding trial court operations, as defined in
Section 77003. In no event shall apportionment payments exceed 30
percent of the total annual apportionment to the Trial Court Trust
Fund for state trial court funding in any 90-day period.
(2) The apportionment payments shall be made by the Controller.
For fiscal year 1997-98, the Controller shall make the first
apportionment payment within 10 days of the operative date of this
section. The final payment from the Trial Court Trust Fund for each
fiscal year shall be made on or before August 31 of the subsequent
fiscal year.
(3) If apportionment payments are made on a quarterly basis, the
payments shall be on July 15, October 15, January 15, and April 15.
In addition to quarterly payments, a final payment from the Trial
Court Trust Fund for each fiscal year may be made on or before August
31 of the subsequent fiscal year.
(b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted herefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(c) (1) Except as specified in subdivision (d), this section
applies to all fees collected pursuant to Sections 631.3 and 116.230
of the Code of Civil Procedure and Sections 26820.4, 26823, 26826,
26826.01, 26827, 26827.4, 26830, 26832.1, 26833.1, 26835.1,
26836.1, 26837.1, 26838, 26850.1, 26851.1,
26852.1, 26853.1, 26855.4, 26862,
27081.5, 68086, 72055, 72056, 72056.01, and 72060.
(2) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(3) Any amounts transmitted by a county to the Controller for
deposit into the Trial Court Trust Fund from fees collected pursuant
to Section 27361 between January 1, 1998, and the effective date of
this paragraph shall be credited against the total amount the county
is required to pay to the state pursuant to paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year.
(d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
which is allocated for dispute resolution pursuant to Section 470.3
of the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
(e) This section applies to all payments required to be made to
the State Treasury by any county or city and county pursuant to
Section 77201, 77201.1, or 77205.
(f) Notwithstanding any other provision of law, no agency shall
take action to change the amounts allocated to any of the above
funds.
(g) Before making any apportionments under this section, the
Controller shall deduct, from the annual appropriation for that
purpose, the actual administrative costs that will be incurred under
this section. Costs reimbursed under this section shall be
determined on an annual basis in consultation with the Judicial
Council.
(h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the Controller no later than 45 days after the end of the month in
which the fees were collected. This remittance shall be accompanied
by a remittance advice identifying the collection month and the
appropriate account in the Trial Court Trust Fund to which it is to
be deposited. Any remittance which is not made by the county or city
and county in accordance with this section shall be considered
delinquent, and subject to the penalties specified in this section.
(i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 11/2 percent per month for the
number of days the payment is delinquent. Notwithstanding Section
77009, any penalty on a delinquent payment that a court is required
to reimburse to a county's general fund pursuant to this section and
Section 24353 shall be paid from the Trial Court Operations Fund for
that court.
(j) Penalty amounts calculated pursuant to subdivision (i) shall
be paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
(k) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund semiannually and shall be allocated among
the courts in accordance with the requirements of subdivision (a).
The specific allocations shall be specified by the Judicial Council,
based upon recommendations from the Trial Court Budget Commission.
(l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible. Not later than February
1, 2001, the Judicial Council, in consultation with the California
State Association of Counties and the California County Auditors
Association, shall study and make recommendations to the Legislature
on alternative procedures that would improve the collection and
remittance of revenues to the Trial Court Trust Fund.
SEC. 12. Section 68113 of the Government Code is repealed.
68113. (a) The superior and municipal courts in each county shall
submit a report to the Judicial Council on progress towards
achieving the cost reduction goals associated with the coordination
plans and factors impacting the cost of court operations and the
collection of revenues. The reports shall be submitted quarterly on
or before the first day of the third month following the end of the
quarter, except the fourth-quarter report shall be submitted on the
first day of the fourth month following the end of the fourth
quarter.
(b) For purposes of the reporting requirements of this section, a
court or courts in a county may petition the Judicial Council to
permit division of the court or courts into smaller administrative
units corresponding to the organization of the court or courts under
a coordination plan where reporting courtwide would impose an undue
burden because of the number of judges or the physical location of
the divisions of the court or courts.
(c) On or before March 1 of each year, the Judicial Council shall
provide an annual report to the Legislature regarding those counties
which have both municipal and superior courts, on their progress in
achieving effective and efficient trial court operations, including
implementation of coordination as required by law, regarding court
revenues and expenditures, and regarding any factors impacting the
cost of court operations or the collection of court revenues.
(d) The Judicial Council shall establish a process to assess the
effectiveness and efficiency of those trial court systems that have
unified pursuant to subdivision (e) of Section 5 of Article VI of the
California Constitution.
SEC. 13. Section 68502.5 of the Government Code is amended to
read:
68502.5. (a) The Judicial Council shall provide by rule
for the appointment of a standing Trial Court Budget Commission and
the deadlines for meeting its various responsibilities. The
commission's duties and responsibilities shall be limited to those
specified in rules of court adopted by the Judicial Council,
including, but may, as part of its trial court budget
process, seek input from groups and individuals as it deems
appropriate including, but not limited to, advisory committees and
the Administrative Director of the Courts. The trial court budget
process may include, but is not limited to, the following:
(1) Receive The receipt of budget
requests from the trial courts. Trial courts shall send to
the county board of supervisors a copy of their proposed budgets and
any revisions or appeals at the time their budget requests are
submitted to the Trial Court Budget Commission, pursuant to this
section. The counties may submit timely comments to the commission
regarding the contents of the proposed budgets of their respective
trial courts. The commission shall consider the counties' comments
when determining appropriate budgets for the courts.
(2) Review The review of the trial
courts' budget requests and evaluate them against performance
criteria established by the Judicial Council by which a court's
performance, level of coordination, and efficiency can be measured.
(3) Annually recommend to the Judicial Council for its
approval The annual adoption of the projected
cost in the subsequent fiscal year of court operations as defined in
Section 77003 for each trial court. This estimation shall serve as
the a basis for recommended court
budgets, which shall be developed programmatically by court
function, as approved by the Judicial Council, for
comparison purposes and to delineate the funding
responsibilities.
(4) Annually prepare The annual
approval of a recommended schedule for the
allocation of moneys to individual courts and a recommended
an overall trial court budget for
approval by the Judicial Council and forwarding to the
Governor for inclusion in the Governor's proposed State Budget. The
recommended schedule shall be based on the
performance criteria established pursuant to paragraph (2)
and , on a minimum standard established by the
Judicial Council for the operation and staffing of all trial court
operations , and on such other factors as determined by the
Judicial Council . This minimum standard shall be modeled on
court operations using all reasonable and available measures to
increase court efficiency and coordination . The
schedule of allocations shall assure that all trial courts receive
funding for the minimum operating and staffing standards before
funding operating and staffing requests above the minimum standards,
and shall include incentives and rewards for any trial court's
implementation of efficiencies and cost saving measures.
(5) Recommend reallocation of The
reallocation of funds in accordance with Judicial
Council rules during the course of the fiscal year to
ensure equal access to the trial courts by the public, to improve
trial court operations, and to meet trial court emergencies.
Recommended reallocations shall be limited to 15 percent of
that portion of any court's annual budget amount funded by the state.
Neither the state nor the counties shall have any
obligation to replace moneys appropriated for trial courts and
reallocated pursuant to this paragraph.
(6) Recommend allocation The allocation
of funds in the Trial Court Improvement Fund in
accordance with Judicial Council rules to ensure equal
access to trial courts by the public, to improve trial court
operations, and to meet trial court emergencies.
(7) Upon approval of the trial courts' budget by the Legislature,
prepare the preparation during the
course of the fiscal year recommended of
allocation schedules for payments to the trial courts,
consistent with Section 68085, which , upon approval or
modification by the Judicial Council, shall be submitted to
the Controller's office by the 10th day of the month in which
payments are to be made.
(8) Establish The establishment of
rules , pursuant to the authority of the Judicial Council,
regarding a court's authority to transfer trial court
funding moneys from one functional category to another in order to
address needs in any functional category.
(9) At the request of the presiding judge of a trial court,
conduct an independent review of the funding level
of the court to determine whether it is adequate to enable the court
to discharge its statutory and constitutional responsibilities.
(10) From time to time, a review of the
level of fees charged by the courts for various services and prepare
recommended adjustments for approval and
forwarding to the Legislature by the Judicial Council
.
(11) Perform other activities as requested by the
Judicial Council Provisions set forth in rules adopted
pursuant to Section 77206 of the Government Code .
(b) The Judicial Council may take action on any matter
specified in subdivision (a) whether or not the commission has taken
any action on that matter. The Judicial Council shall
retain the ultimate responsibility to adopt a budget and allocate
funding for the trial courts and perform the other activities
listed in subdivision (a) that best assures
assure their ability to carry out their functions,
promotes promote implementation of
statewide policies, and promotes promote
the immediate implementation of efficiencies and cost savings
measures in court operations, in order to guarantee equal access to
the courts.
(c) Members of the commission shall receive no compensation from
the state for their services. When called into session, they shall
receive their actual and necessary expenses for travel, board, and
lodging, which shall be paid from the funds appropriated for this
use. These expenses shall be appropriated in the manner as the
Judicial Council directs, and shall be audited by the Controller in
accordance with the rules of the State Board of Control.
SEC. 14. Section 77001 of the Government Code is amended to read:
77001. On or before July 1, 1998, the The
Judicial Council shall promulgate
adopt rules which establish a decentralized system of trial
court management. These rules shall ensure:
(a) Local authority and responsibility of trial courts to manage
day-to-day operations.
(b) Countywide administration of the trial courts.
(c) The authority and responsibility of trial courts to manage all
of the following, consistent with statute, rules of court, and
standards of judicial administration:
(1) Annual allocation of funding, including the authority
to move policies and procedures about moving
funding between functions or line items or programs .
(2) Local personnel systems, including the promulgation of
personnel policies.
(3) Processes and procedures to improve court operations and
responsiveness to the public.
(4) The trial courts of each county shall establish the means of
selecting presiding judges, assistant presiding judges, executive
officers or court administrators, clerks of court, and jury
commissioners.
(d) Trial court input into the Judicial Council budget process.
(e) Equal access to justice throughout California utilizing
standard practices and procedures whenever feasible.
SEC. 15. Section 77003 of the Government Code is amended to read:
77003. (a) As used in this chapter, "court operations" means all
of the following:
(1) Salaries, benefits, and public agency retirement contributions
for superior and municipal court judges and for subordinate judicial
officers. For purposes of this paragraph, "subordinate judicial
officers" includes all commissioner or referee positions created
prior to July 1, 1997, including positions created in the municipal
court prior to July 1, 1997, which thereafter became positions in the
superior court as a result of unification of the municipal and
superior courts in a county, and including those commissioner
positions created pursuant to Sections 69904, 70141, 70141.9,
70142.11, 72607, 73794, 74841.5, and 74908; and includes any staff
who provide direct support to commissioners; but does not include
commissioners or staff who provide direct support to the
commissioners whose positions were created after July 1, 1997, unless
approved by the Judicial Council, subject to availability of
funding.
(2) The salary, benefits, and public agency retirement
contributions for other court staff including all municipal court
staff positions specifically prescribed by statute.
(3) Those marshals and sheriffs as the court deems necessary for
court operations.
(4) Court-appointed counsel in juvenile court dependency
proceedings and counsel appointed by the court to represent a minor
pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of
Division 8 of the Family Code.
(5) Services and supplies relating to court operations.
(6) Collective bargaining under the Meyers-Milias-Brown Act or
Sections 2201 to 2210, inclusive, of the California Rules of Court
with respect to court employees specified in Section 3501.5.
(7) Actual Subject to paragraph (1) of
subdivision (d) of Section 77212, actual indirect costs for
county and city and county general services attributable to court
operations, but specifically excluding, but not limited to, law
library operations conducted by a trust pursuant to statute;
courthouse construction; district attorney services; probation
services; indigent criminal defense; grand jury expenses and
operations; and pretrial release services.
(b) However, "court operations" does not include collection
enhancements as defined in Rule 810 of the California Rules of Court
as it read on July 1, 1996.
SEC. 16. Section 77202 of the Government Code is amended to read:
77202. (a) The Legislature shall make an annual appropriation to
the Judicial Council for the general operations of the trial courts
based on the recommendations request of
the Trial Court Budget Commission, as approved by the
Judicial Council , as specified in paragraph (4)
of subdivision (a) of Section 68502.5 . The Judicial
Council's trial court budget request shall meet the needs of all
trial courts in a manner which promotes equal access to the courts
statewide. The Judicial Council shall allocate the appropriation to
the trial courts in a manner that best ensures the ability of the
courts to carry out their functions, promotes implementation of
statewide policies, and promotes the immediate implementation of
efficiencies and cost saving measures in court operations, in order
to guarantee access to justice to citizens of the state.
The Judicial Council shall ensure that the
recommendations of the commission its trial court
budget request and the allocations made by the council
it reward each trial court's implementation of
efficiencies and cost saving measures.
These efficiencies and cost saving measures shall include ,
but not be limited to, the following:
(1) The use of blanket cross-assignments allowing judges
to hear civil, criminal, or other types of cases within the
jurisdiction of another court.
(2) The coordinated or joint use of subordinate judicial officers
to hear or try matters.
(3) The coordinated or joint use,
sharing , or merger of court support staff among
trial courts within a county or across counties.
(4) The assignment of civil, criminal, or other types of cases for
hearing or trial, regardless of jurisdictional boundaries, to any
available judicial officer.
(5)
(2) The assignment of any type of case to a judge for all
purposes commencing with the filing of the case and regardless of
jurisdictional boundaries.
(6)
(3) The establishment of a separate calendar or division to
hear a particular type of case.
(7)
(4) In rural counties, the use of all court facilities for
hearings and trials of all types of cases and the acceptance of
filing documents in any case before any court in the county
participating in the coordination plan .
(8)
(5) The coordinated or joint use of
alternative dispute resolution programs, such as arbitration.
(9) The unification of the trial courts within a county to the
maximum extent permitted by the Constitution.
(10)
(6) The development and use of joint
automated accounting and case-processing systems.
(b) The Judicial Council shall promulgate rules
adopt policies and procedures governing practices and
procedures for budgeting in the trial courts in a manner that best
ensures the ability of the courts to carry out their functions
and may delegate such adoption to the Administrative Director of the
Courts . The Administrative Office
Director of the Courts , after consultation with the
Department of Finance, shall establish budget procedures
and an annual schedule of budget development and management
consistent with these rules.
SEC. 17. Section 77212 of the Government Code is amended to read:
77212. (a) The State of California, the counties of California,
and the trial courts of California, recognize that a unique and
interdependent relationship has evolved between the courts and the
counties over a sustained period of time. While it is the intent of
this act to transfer all fiscal responsibility for the support of the
trial courts from the counties to the State of California, it is
imperative that the activities of the state, the counties, and the
trial courts be maintained in a manner that ensures that services to
the people of California not be disrupted. Therefore, to this end,
during the 1997-98 fiscal year, commencing on July 1, 1997, counties
shall continue to provide and courts shall continue to use, county
services provided to the trial courts on July 1, 1997, including, but
not limited to: auditor/controller services, coordination of
telephone services, data-processing and information technology
services, procurement, human resources services, affirmative action
services, treasurer/tax collector services, county counsel services,
facilities management, and legal representation. These services
shall be provided to the court at a rate that shall not exceed the
costs of providing similar services to county departments or special
districts. If the cost was not included in the county base pursuant
to paragraph (1) of subdivision (b) of Section 77201 or was not
otherwise charged to the court prior to July 1, 1997, and were court
operation costs as defined in Section 77003 in fiscal year 1994-95,
the court may seek adjustment of the amount the county is required to
submit to the state pursuant Section 77201.
(b) In fiscal year 1998-99 commencing on July 1, 1998, and
thereafter the county may give notice to the court that the county
will no longer provide a specific service except that the county
shall cooperate with the court to ensure that a vital service for the
court shall be available from the county or other entities that
provide such services. The notice must be given at least 90 days
prior to the end of the fiscal year and shall be effective only upon
the first day of the succeeding fiscal year.
(c) In fiscal year 1998-99, commencing on July 1, 1998, and
thereafter, the court may give notice to the county that the court
will no longer use a specific county service. The notice shall be
given at least 90 days prior to the end of the fiscal year and shall
be effective only upon the first day of the succeeding fiscal year.
However, for three years from the effective date of this section, a
court shall not terminate a service that involved the acquisition of
equipment, including, but not limited to, computer and data
processing systems, financed by a long-term financing plan whereby
the county is dependent upon the court's continued financial support
for a portion of the cost of the acquisition.
(d) (1) If a trial court desires to receive or continue to receive
a specific service from a county or city and county as provided in
subdivision (c), and the county or city and county desires to provide
or continue to provide that service as provided in subdivision (b),
the presiding judge of that court and the county or city and county
shall enter into a contract for that service. The contract shall
identify the scope of service, method of service delivery, term of
agreement, anticipated service outcomes, and the cost of the service.
The court and the county or city and county shall cooperate in
developing and implementing the contract.
The amount of any indirect or overhead costs shall be individually
stated in any contract together with the method of calculation of
the indirect or overhead costs. In the absence of any statement,
indirect or overhead costs may not be charged. This amount shall not
contain items that are not otherwise allowable court operations.
The Judicial Council may audit the county figures to ensure
compliance with this section and to determine the reasonableness of
the figures.
(2) This subdivision applies to services to be provided in fiscal
year 1999-2000 and thereafter.
SEC. 18. Section 77214 is added to the Government Code, to read:
77214. The Administrative Director of the Courts may offer
services to the trial courts. If the Judicial Council requires that
certain services be utilized for enhancing the efficiency or
effectiveness of the courts, or upon the court's request, the
Administrative Director of the Courts shall ensure that these
services are available.
SEC. 19. Section 4750 of the Penal Code is amended to read:
4750. A city or county and the superior court in the county
shall be entitled to reimbursement for reasonable and necessary
costs connected with state prisons or prisoners in connection with
any of the following:
(a) Any crime committed at a state prison, whether by a prisoner,
employee, or other person.
With respect to a prisoner, "crime committed at a state prison" as
used in this subdivision, includes, but is not limited to, crimes
committed by the prisoner while detained in local facilities as a
result of a transfer pursuant to Section 2910 or 6253, or in
conjunction with any hearing, proceeding, or other activity for which
reimbursement is otherwise provided by this section.
(b) Any crime committed by a prisoner in furtherance of an escape.
Any crime committed by an escaped prisoner within 10 days after the
escape and within 100 miles of the facility from which the escape
occurred shall be presumed to have been a crime committed in
furtherance of an escape.
(c) Any hearing on any return of a writ of habeas corpus
prosecuted by or on behalf of a prisoner.
(d) Any trial or hearing on the question of the sanity of a
prisoner.
(e) Any costs not otherwise reimbursable under Section 1557 or any
other related provision in connection with any extradition
proceeding for any prisoner released to hold.
(f) Any costs incurred by a coroner in connection with the death
of a prisoner.
(g) Any costs incurred in transporting a prisoner within the host
county or as requested by the prison facility or incurred for
increased security while a prisoner is outside a state prison.
SEC. 20. Section 4751 of the Penal Code is amended to read:
4751. Costs incurred include all of the following:
(a) Costs of law enforcement agencies in connection with any
matter set forth in Section 4750, including the investigation or
evaluation of any of those matters regardless of whether a crime has
in fact occurred, a hearing held, or an offense prosecuted.
(b) Costs of any trial or hearing of any matter set forth in
Section 4750, including costs for the preparation of the trial,
pretrial hearing, actual trial or hearing, expert witness fees, the
costs of guarding or keeping the prisoner, the transportation of the
prisoner, the costs of appeal, and the execution of the sentence.
The cost of detention in a city or county correctional facility shall
include the same cost factors as are utilized by the Department of
Corrections in determining the cost of prisoner care in state
correctional facilities.
(c) The costs of the prosecuting attorney in investigating,
evaluating, or prosecuting cases related to any matter set forth in
Section 4750, whether or not the prosecuting attorney decides to
commence legal action.
(d) Costs incurred by the public defender or court appointed
attorney with respect to any matter set forth in Section 4750.
(e) Any other costs reasonably incurred by a county or
superior court in connection with any matter set forth in
Section 4750.
SEC. 21. Section 4753 of the Penal Code is amended to read:
4753. A city or county shall designate an officer or agency to
prepare a statement of costs of the city or county that
shall be reimbursed under this chapter. A superior court shall
designate an officer or employee to prepare a statement of costs of
the court that shall be reimbursed under this chapter.
The statement statements of the city or
county and of the superior court shall be sent together
to the Controller for approval. The Controller shall reimburse
the city or county and the superior court within 60 days
after receipt of the statement or provide a written statement as to
the reason for not making reimbursement at that time. The
reimbursement to the superior court shall be made directly to the
court. If sufficient funds are not available, the Controller
shall request the Director of Finance to include any amounts
necessary to satisfy the claims in a request for a deficiency
appropriation.