BILL NUMBER: AB 223 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2001
AMENDED IN ASSEMBLY APRIL 16, 2001
AMENDED IN ASSEMBLY MARCH 27, 2001
INTRODUCED BY Assembly Member Frommer
FEBRUARY 13, 2001
An act to amend Sections 425.10, 425.11, 489.220, 685.030,
720.160, 720.260, 877.6, 1013, 1134, 2026 , and
2033.5 of the Code of Civil Procedure, to amend Section 915 of the
Evidence Code, to amend Sections 15202, 68085,
68502.5, 68511.3, 72055, 77001, 77003, 77009,
77202, 77206, and 77212, to add Section 77214 to,
and to repeal Sections 26835.1, 26838, 26850.1, 26851.1, 26853.1, and
and to repeal Section 68113 of, the Government
Code, and to amend Sections 1463.1, 4750, 4751, and 4753
of the Penal Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 223, as amended, Frommer. Evidence: depositions: forms:
discovery.
Existing law sets forth the required contents of a civil complaint
or cross-complaint, the right of a defendant to request a statement
of the nature and amount of damages sought, the required amount of an
undertaking to obtain a release of an attachment or a protective
order, or to protect the rights of a 3rd-party creditor with regard
to a writ of execution on a debtor's property.
This bill would make technical changes in these provisions and
increase the required amount of those undertakings, as specified.
Existing law authorizes the clerk of a court to enter in the
Register of Actions a writ of execution on a money judgment as wholly
satisfied when no more than $10 interest deficit exists in a limited
civil case, as specified.
This bill would extend that authorization to all civil cases
involving money judgments.
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 further require the Judicial Council to
develop and approve official form interrogatories and requests for
admission for use in any other civil action in a state court as the
Judicial Council deems appropriate.
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 requires each trial court to report to the Judicial
Council on progress towards achieving specified cost reduction goals.
This bill would repeal that requirement.
Existing law specifies the total fee for filing a first paper in a
limited civil case, and requires the amount of the demand to be
stated on the first page of that paper, as specified.
This bill would revise the total fee for filing a first paper in a
limited civil case, as specified, and would eliminate the
requirement that the amount of the demand be stated on the first page
of that paper.
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 of moneys
to individual courts proposed by the commission for approval 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 , make corresponding changes, and
repeal delete 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 generally for the state funding of trial
courts. These provisions require the establishment of a decentralized
system of trial court management, define court operations for
funding purposes, require the board of supervisors in each county to
establish a Trial Court Operations Fund in the county treasury,
provide for an annual appropriation to the Judicial Council for
general operations of trial courts, require the Judicial Council to
adopt appropriate rules for budget submission and management and the
reporting of revenues and expenditures by each trial court, and
require the continuation by counties of certain services to the
courts.
This bill would revise the requirements for decentralized trial
court management systems, revise the procedures for the audit and
review of Trial Court Operations Fund, revise the budget request
procedures for the annual appropriation for trial court funding, and
make corresponding changes in the definition of trial court
operations.
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.
Existing law provides that, with the prior approval of the county
auditor, a municipal court may deposit into a bank account moneys
that are deposited with the court as bail.
This bill would extend this provision to all trial courts, require
prior approval of the administrative director of the courts rather
than the county auditor, and provide for regulation of these accounts
by the Judicial Council, as specified.
This bill would expressly authorize the
Judicial Council to restrict or prohibit a trial court from
transferring money from one program to another , to audit the
trial courts, to establish and control separate funds, and to
regulate, control, and manage all moneys collected by the trial
courts .
Existing law requires the Judicial Council to prepare a form,
containing specific required information disclosures, by which
litigants to an action may claim financial hardship and be excused
from paying certain fees.
This bill would remove from the form the disclosure of the
litigant's date of birth.
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.
Existing law provides for a confession of judgment without an
action, upon the payment of a specified fee and the filing of
specified documents, that becomes the judgment roll.
This bill would increase the filing fee for a confession of
judgment in limited civil cases, and revise the list of required
documents that become the judgment roll.
Existing law provides that a settling party in certain actions may
give notice of settlement to all parties and the court and that,
within 25 days of the mailing of that notice, a nonsettling party may
file a notice of motion to contest the good faith of the settlement.
This bill would shorten the time limitation for the nonsettling
party to file a motion contesting the good faith of the settlement to
20 days, if the original notice of settlement was personally served.
Existing law provides that service by mail is completed at the
time of deposit and that the period of notice and any required
response to the service, or any right or duty based thereon, is
extended 5 days if mailed to a destination within California, 10 days
if the destination is within the United States but outside
California, and 20 days if the destination is outside the United
States.
This bill would specify that the applicable days for this period
of notice are calendar days, and that these time extensions shall be
determined based upon either the destination or the place of mailing,
or both, as specified.
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 425.10 of the Code of Civil Procedure is
amended to read:
425.10. A complaint or cross-complaint shall contain both of the
following:
(a) A statement of the facts constituting the cause of action, in
ordinary and concise language.
(b) A demand for judgment for the relief to which the pleader
claims to be entitled. If the recovery of money or damages
be is demanded, the amount thereof
demanded shall be stated, unless the action is
brought in the superior court to recover actual or
punitive damages for personal injury or wrongful death, in which
case the amount thereof demanded shall
not be stated, except in a limited civil case
but the caption shall comply with Section 422.30 .
SEC. 2. Section 425.11 of the Code of Civil Procedure is amended
to read:
425.11. (a) As used in this section:
(1) "Complaint" includes a cross-complaint.
(2) "Plaintiff" includes a cross-complainant.
(3) "Defendant" includes a cross-defendant.
(b) When a complaint is filed in an action in the
superior court to recover damages for personal injury or
wrongful death, the defendant may at any time request a statement
setting forth the nature and amount of damages being sought
, except in a limited civil case . The request shall be
served upon the plaintiff, who shall serve a responsive statement as
to the damages within 15 days. In the event that a response is not
served, the party defendant , on notice
to the plaintiff, may petition the court in which the action is
pending to order the plaintiff to serve a responsive statement.
(c) If no request is made for the statement referred to in
subdivision (a), the plaintiff shall serve the statement on the
defendant before a default may be taken.
(d) The statement referred to in subdivision (b) shall be served
in the following manner:
(1) If a party has not appeared in the action, the statement shall
be served in the same manner as a summons.
(2) If a party has appeared in the action, the statement shall be
served upon his or her the party's
attorney, or upon the party if he or she the
party has appeared without an attorney, in the manner provided
for service of a summons or in the manner provided by Chapter 5
(commencing with Section 1010) of Title 14 of Part 2.
(e) The statement referred to in subdivision (b) may be combined
with the statement described in Section 425.115.
SEC. 3. Section 489.220 of the Code of Civil Procedure is amended
to read:
489.220. (a) Except as provided in subdivision (b), the amount of
an undertaking filed pursuant to this article shall be two
thousand five hundred dollars ($2,500) in a limited civil case, and
seven thousand five hundred dollars ($7,500) otherwise
ten thousand dollars ($10,000) .
(b) If, upon objection to the undertaking, the court determines
that the probable recovery for wrongful attachment exceeds the amount
of the undertaking, it shall order the amount of the undertaking
increased to the amount it determines to be the probable recovery for
wrongful attachment if it is ultimately determined that the
attachment was wrongful.
SEC. 4. Section 685.030 of the Code of Civil Procedure is amended
to read:
685.030. (a) If a money judgment is satisfied in full pursuant to
a writ under this title, interest ceases to accrue on the judgment:
(1) If the proceeds of collection are paid in a lump sum, on the
date of levy.
(2) If the money judgment is satisfied pursuant to an earnings
withholding order, on the date and in the manner provided in Section
706.024 or Section 706.028.
(3) In any other case, on the date the proceeds of sale or
collection are actually received by the levying officer.
(b) If a money judgment is satisfied in full other than pursuant
to a writ under this title, interest ceases to accrue on the date the
judgment is satisfied in full.
(c) If a money judgment is partially satisfied pursuant to a writ
under this title or is otherwise partially satisfied, interest ceases
to accrue as to the part satisfied on the date the part is
satisfied.
(d) For the purposes of subdivisions (b) and (c), the date a money
judgment is satisfied in full or in part is the earliest of the
following times:
(1) The date satisfaction is actually received by the judgment
creditor.
(2) The date satisfaction is tendered to the judgment creditor or
deposited in court for the judgment creditor.
(3) The date of any other performance that has the effect of
satisfaction.
(e) In a limited civil case, the The
clerk of a court may enter in the Register of Actions a writ of
execution on a money judgment as returned wholly satisfied when the
judgment amount, as specified on the writ, is fully collected and
only an interest deficit of no more than ten dollars ($10) exists,
due to automation of the continual daily interest accrual
calculation.
SEC. 5. Section 720.160 of the Code of Civil Procedure is amended
to read:
720.160. (a) If the creditor files with the levying officer an
undertaking that satisfies the requirements of this section within
the time allowed under subdivision (b) of Section 720.140:
(1) The levying officer shall execute the writ in the manner
provided by law unless the third person files an undertaking to
release the property pursuant to Chapter 6 (commencing with Section
720.610).
(2) After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims of the third person for
which the creditor has given the undertaking.
(b) Subject to Sections 720.770 and 996.010, unless the creditor
elects to file an undertaking in a larger amount, the amount of the
undertaking filed by the creditor under this section shall be in the
amount of :
(1) Except as provided in paragraph (2), seven thousand five
hundred dollars ($7,500), or twice the amount of the execution lien
as of the date of levy or other enforcement lien as of the date it
was created, whichever is the lesser amount.
(2) In a limited civil case, two thousand five hundred dollars
($2,500) ten thousand dollars ($10,000) , or
twice the amount of the execution lien as of the date of levy or
other enforcement lien as of the date it was created, whichever is
the lesser amount.
(c) An undertaking given by the creditor under this chapter shall:
(1) Be made in favor of the third person.
(2) Indemnify the third person against any loss, liability,
damages, costs, and attorney's fees, incurred by reason of the
enforcement proceedings.
(3) Be conditioned on a final judgment that the third person owns
or has the right of possession of the property.
(d) If the creditor is a public entity exempt from giving an
undertaking, the public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating that the
public entity opposes the claim of the third person. When so filed,
the notice is deemed to satisfy the requirement of this section that
an undertaking be filed.
SEC. 6. Section 720.260 of the Code of Civil Procedure is amended
to read:
720.260. (a) If the creditor within the time allowed under
subdivision (b) of Section 720.240 either files with the levying
officer an undertaking that satisfies the requirements of this
section and a statement that satisfies the requirements of Section
720.280 or makes a deposit with the levying officer of the amount
claimed under Section 720.230:
(1) The levying officer shall execute the writ in the manner
provided by law unless, in a case where the creditor has filed an
undertaking, the secured party or lienholder files an undertaking to
release the property pursuant to Chapter 6 (commencing with Section
720.610).
(2) After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims or liens of the secured
party or lienholder for which the creditor has given the undertaking
or made the deposit.
(b) Subject to Sections 720.770 and 996.010, unless the creditor
elects to file an undertaking in a larger amount, the amount of the
undertaking filed by the creditor under this section shall be in the
amount of :
(1) Except as provided in paragraph (2), seven thousand five
hundred dollars ($7,500), or twice the amount of the execution lien
as of the date of levy or other enforcement lien as of the date it
was created, whichever is the lesser amount.
(2) In a limited civil case, two thousand five hundred dollars
($2,500), ten thousand dollars ($10,000) or
twice the amount of the execution lien as of the date of levy or
other enforcement lien as of the date it was created, whichever is
the lesser amount.
(c) An undertaking given by the creditor under this chapter shall:
(1) Be made in favor of the secured party or lienholder.
(2) Indemnify the secured party or lienholder against any loss,
liability, damages, costs, and attorney's fees, incurred by reason of
the enforcement proceedings.
(3) Be conditioned on a final judgment that the security interest
or lien of the third person is entitled to priority over the creditor'
s lien.
(d) If the creditor is a public entity exempt from giving an
undertaking, the public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating that the
public entity opposes the claim of the third person. When so filed,
the notice is deemed to satisfy the requirement of this section that
an undertaking be filed.
SEC. 7. Section 877.6 of the Code of Civil Procedure is amended to
read:
877.6. (a) (1) Any party to an action in which it is alleged that
two or more parties are joint tortfeasors or co-obligors on a
contract debt shall be entitled to a hearing on the issue of the good
faith of a settlement entered into by the plaintiff or other
claimant and one or more alleged tortfeasors or co-obligors, upon
giving notice in the manner provided in subdivision (b) of Section
1005. Upon a showing of good cause, the court may shorten the time
for giving the required notice to permit the determination of the
issue to be made before the commencement of the trial of the action,
or before the verdict or judgment if settlement is made after the
trial has commenced.
(2) In the alternative, a settling party may give notice of
settlement to all parties and to the court, together with an
application for determination of good faith settlement and a proposed
order. The application shall indicate the settling parties, and the
basis, terms, and amount of the settlement. The notice,
application, and proposed order shall be given by certified mail,
return receipt requested. Proof of service shall be filed with the
court. Within 25 days of the mailing of the notice, application, and
proposed order, or within 20 days of personal service, a
nonsettling party may file a notice of motion to contest the good
faith of the settlement. If none of the nonsettling parties files a
motion within 25 days of mailing of the notice, application, and
proposed order, or within 20 days of personal service, the
court may approve the settlement. The notice by a nonsettling party
shall be given in the manner provided in subdivision (b) of Section
1005. However, this paragraph shall not apply to settlements in
which a confidentiality agreement has been entered into regarding the
case or the terms of the settlement.
(b) The issue of the good faith of a settlement may be determined
by the court on the basis of affidavits served with the notice of
hearing, and any counteraffidavits filed in response, or the court
may, in its discretion, receive other evidence at the hearing.
(c) A determination by the court that the settlement was made in
good faith shall bar any other joint tortfeasor or co-obligor from
any further claims against the settling tortfeasor or co-obligor for
equitable comparative contribution, or partial or comparative
indemnity, based on comparative negligence or comparative fault.
(d) The party asserting the lack of good faith shall have the
burden of proof on that issue.
(e) When a determination of the good faith or lack of good faith
of a settlement is made, any party aggrieved by the determination may
petition the proper court to review the determination by writ of
mandate. The petition for writ of mandate shall be filed within 20
days after service of written notice of the determination, or within
any additional time not exceeding 20 days as the trial court may
allow.
(1) The court shall, within 30 days of the receipt of all
materials to be filed by the parties, determine whether or not the
court will hear the writ and notify the parties of its determination.
(2) If the court grants a hearing on the writ, the hearing shall
be given special precedence over all other civil matters on the
calendar of the court except those matters to which equal or greater
precedence on the calendar is granted by law.
(3) The running of any period of time after which an action would
be subject to dismissal pursuant to the applicable provisions of
Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2
shall be tolled during the period of review of a determination
pursuant to this subdivision.
SEC. 8. Section 1013 of the Code of Civil Procedure is amended to
read:
1013. (a) In case of service by mail, the notice or other paper
must shall be deposited in a post
office, mailbox, subpost office, substation, or mail chute, or other
like facility regularly maintained by the United States Postal
Service, in a sealed envelope, with postage paid, addressed to the
person on whom it is to be served, at the office address as last
given by that person on any document filed in the cause and served on
the party making service by mail; otherwise at that party's place of
residence. The service is complete at the time of the deposit, but
any period of notice and any right or duty to do any act or make any
response within any period or on a date certain after the service of
the document, which time period or date is prescribed by statute or
rule of court, shall be extended five calendar days, upon
service by mail, if the place of address and the place of
mailing is within the State of California, 10 calendar
days if either the place of mailing or the place of
address is outside the State of California but within the United
States, and 20 calendar days if either the place of
mailing or the place of address is outside the United States,
but the extension shall not apply to extend the time for filing
notice of intention to move for new trial, notice of intention to
move to vacate judgment pursuant to Section 663a, or notice of
appeal. This extension applies in the absence of a specific exception
provided for by this section or other statute or rule of court.
(b) The copy of the notice or other paper served by mail pursuant
to this chapter shall bear a notation of the date and place of
mailing or be accompanied by an unsigned copy of the affidavit or
certificate of mailing.
(c) In case of service by Express Mail, the notice or other paper
must be deposited in a post office, mailbox, subpost office,
substation, or mail chute, or other like facility regularly
maintained by the United States Postal Service for receipt of Express
Mail, in a sealed envelope, with Express Mail postage paid,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service by Express Mail;
otherwise at that party's place of residence. In case of service by
another method of delivery providing for overnight delivery, the
notice or other paper must be deposited in a box or other facility
regularly maintained by the express service carrier, or delivered to
an authorized courier or driver authorized by the express service
carrier to receive documents, in an envelope or package designated by
the express service carrier with delivery fees paid or provided for,
addressed to the person on whom it is to be served, at the office
address as last given by that person on any document filed in the
cause and served on the party making service; otherwise at that party'
s place of residence. The service is complete at the time of the
deposit, but any period of notice and any right or duty to do any act
or make any response within any period or on a date certain after
the service of the document served by Express Mail or other method of
delivery providing for overnight delivery shall be extended by two
court days, but the extension shall not apply to extend the time for
filing notice of intention to move for new trial, notice of intention
to move to vacate judgment pursuant to Section 663a, or notice of
appeal. This extension applies in the absence of a specific
exception provided for by this section or other statute or rule of
court.
(d) The copy of the notice or other paper served by Express Mail
or another means of delivery providing for overnight delivery
pursuant to this chapter shall bear a notation of the date and place
of deposit or be accompanied by an unsigned copy of the affidavit or
certificate of deposit.
(e) Service by facsimile transmission shall be permitted only
where the parties agree and a written confirmation of that agreement
is made. The Judicial Council may adopt rules implementing the
service of documents by facsimile transmission and may provide a form
for the confirmation of the agreement required by this subdivision.
In case of service by facsimile transmission, the notice or other
paper must be transmitted to a facsimile machine maintained by the
person on whom it is served at the facsimile machine telephone number
as last given by that person on any document which he or she has
filed in the cause and served on the party making the service. The
service is complete at the time of transmission, but any period of
notice and any right or duty to do any act or make any response
within any period or on a date certain after the service of the
document, which time period or date is prescribed by statute or rule
of court, shall be extended, after service by facsimile transmission,
by two court days, but the extension shall not apply to extend the
time for filing notice of intention to move for new trial, notice of
intention to move to vacate judgment pursuant to Section 663a, or
notice of appeal. This extension applies in the absence of a
specific exception provided for by this section or other statute or
rule of court.
(f) The copy of the notice or other paper served by facsimile
transmission pursuant to this chapter shall bear a notation of the
date and place of transmission and the facsimile telephone number to
which transmitted or be accompanied by an unsigned copy of the
affidavit or certificate of transmission which shall contain the
facsimile telephone number to which the notice or other paper was
transmitted.
(g) Subdivisions (b), (d), and (f) are directory.
SEC. 9. Section 1134 of the Code of Civil Procedure is amended to
read:
1134. In all courts the (a) The
statement must required by Section 1133 shall
be filed with the clerk of the court in which the judgment is
to be entered, who must endorse upon it, and enter a judgment of the
court for the amount confessed with the costs hereinafter
set forth provided in subdivision (b) .
At
(b) At the time of filing, the plaintiff shall pay as court
costs that shall become a part of the judgment the following
fees: a fee of fifteen dollars ($15) or
in a limited civil case ten dollars ($10) . No fee shall
be collected from the defendant. No fee shall be paid by the clerk
of the court in which a confession of judgment is filed for the law
library fund nor for services of any court reporter. The
(c) The statement and affidavit, with the judgment endorsed
thereon, together with the certificate filed pursuant to Section
1132, becomes the judgment roll.
SEC. 10. 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.
SEC. 11. Section 2033.5 of the Code of Civil Procedure is
amended to read:
2033.5. (a) The Judicial Council shall 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 based
on personal injury, property damage, wrongful death, unlawful
detainer, breach of contract, family law, or fraud and for any other
civil actions the Judicial Council deems appropriate. 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.
SEC. 12. 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.
SEC. 7. Section 26838 of the Government Code is repealed.
SEC. 8. Section 26850.1 of the Government Code is repealed.
SEC. 9. Section 26851.1 of the Government Code is repealed.
SEC. 10. Section 26853.1 of the Government Code is repealed.
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, 26836.1, 26837.1,
26852.1, 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.
SEC. 13. Section 68113 of the Government Code is repealed.
SEC. 13.
SEC. 14. Section 68502.5 of the Government Code is amended
to read:
68502.5. (a) The Judicial Council 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) The receipt of budget requests from the trial courts.
(2) 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) 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 a basis for recommended
court budgets, which shall be developed for comparison purposes and
to delineate funding responsibilities.
(4) The annual approval of a schedule for the allocation of
moneys to individual courts and an overall trial court budget for
forwarding to the Governor for inclusion in the Governor's proposed
State Budget. The schedule shall be based on the performance
criteria established pursuant to paragraph (2), 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. 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) The reallocation of funds 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.
Neither the state nor the counties shall have any obligation to
replace moneys appropriated for trial courts and reallocated pursuant
to this paragraph.
(6) The allocation of funds in the Trial Court Improvement Fund 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,
the preparation during the course of the fiscal year of allocation
schedules for payments to the trial courts, consistent with Section
68085, which shall be submitted to the Controller's office by the
10th day of the month in which payments are to be made.
(8) The establishment of rules 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, 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 forwarding to the Legislature.
(11) Provisions set forth in rules adopted pursuant to Section
77206 of the Government Code.
(b) 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
assure their ability to carry out their functions, promote
implementation of statewide policies, and promote the immediate
implementation of efficiencies and cost savings measures in court
operations, in order to guarantee equal access to the courts.
SEC. 14.
SEC. 15. Section 68511.3 of the Government Code is amended to
read:
68511.3. (a) The Judicial Council shall formulate and adopt
uniform forms and rules of court for litigants proceeding in forma
pauperis. These rules shall provide for all of the following:
(1) Standard procedures for considering and determining
applications for permission to proceed in forma pauperis, including,
in the event of a denial of such permission, a written statement
detailing the reasons for denial and an evidentiary hearing where
there is a substantial evidentiary conflict.
(2) Standard procedures to toll relevant time limitations when a
pleading or other paper accompanied by such an application is timely
lodged with the court and delay is caused due to the processing of
the application to proceed in forma pauperis.
(3) Proceeding in forma pauperis at every stage of the proceedings
at both the appellate and trial levels of the court system.
(4) The confidentiality of the financial information provided to
the court by these litigants.
(5) That the court may authorize the clerk of the court, county
financial officer, or other appropriate county officer to make
reasonable efforts to verify the litigant's financial condition
without compromising the confidentiality of the application.
(6) That permission to proceed in forma pauperis be granted to all
of the following:
(A) Litigants who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental Payments
(SSP) programs (Sections 12200 to 12205, inclusive, of the Welfare
and Institutions Code), the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code), the Food Stamp program (7 U.S.C. Sec. 2011 et
seq.), or Section 17000 of the Welfare and Institutions Code.
(B) Litigants whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
Health and Human Services pursuant to the Omnibus Budget
Reconciliation Act of 1981, as amended.
(C) Other persons when in the court's discretion, this permission
is appropriate because the litigant is unable to proceed without
using money which is necessary for the use of the litigant or the
litigant's family to provide for the common necessaries of life.
(b) (1) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (A) of paragraph (6) of subdivision
(a) shall declare under penalty of perjury that they are receiving
such benefits and may voluntarily provide the court with their date
of birth and social security number or their Medi-Cal identification
number to permit the court to verify the applicant's receipt of
public assistance. The court may require any applicant, except a
defendant in an unlawful detainer action, who chooses not to disclose
his or her social security number for verification purposes to
attach to the application documentation of benefits to support the
claim and all other financial information on a form promulgated by
the Judicial Council for this purpose.
(2) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (B) or (C) of paragraph (6) of
subdivision (a) shall file a financial statement under oath on a form
promulgated by, and pursuant to rules adopted by, the Judicial
Council.
(c) The forms and rules adopted by the Judicial Council shall
provide for the disclosure of the following information about the
litigant:
(1) Current street address.
(2) Date of birth.
(3)
(2) Occupation and employer.
(4)
(3) Monthly income and expenses.
(5)
(4) Address and value of any real property owned directly or
beneficially.
(6)
(5) Personal property with a value that exceeds five hundred
dollars ($500).
The information furnished by the litigant shall be used by the
court in determining his or her ability to pay all or a portion of
the fees and costs.
(d) At any time after the court has granted a litigant permission
to proceed in forma pauperis and prior to final disposition of the
case, the clerk of the court, county financial officer, or other
appropriate county officer may notify the court of any changed
financial circumstances which may enable the litigant to pay all or a
portion of the fees and costs which had been waived. The court may
authorize the clerk of the court, county financial officer, or other
appropriate county officer to require the litigant to appear before
and be examined by the person authorized to ascertain the validity of
their indigent status. However, no litigant shall be required to
appear more than once in any four-month period. A litigant
proceeding in forma pauperis shall notify the court within five days
of any settlement or monetary consideration received in settlement of
this litigation and of any other change in financial circumstances
that affects the litigant's ability to pay court fees and costs.
After the litigant either (1) appears before and is examined by the
person authorized to ascertain the validity of his or her indigent
status or (2) notifies the court of a change in financial
circumstances, the court may then order the litigant to pay to the
county such sum and in such manner as the court believes is
compatible with the litigant's financial ability.
In any action or proceeding in which the litigant whose fees and
costs have been waived would have been entitled to recover those fees
and costs from another party to the action or proceeding had they
been paid, the court may assess the amount of the waived fees and
costs against the other party and order the other party to pay that
sum to the county or to the clerk and serving and levying officers
respectively, or the court may order the amount of the waived fees
and costs added to the judgment and so identified by the clerk.
Execution may be issued on any order provided for in this
subdivision in the same manner as on a judgment in a civil action.
When an amount equal to the sum due and payable to the clerk has been
collected upon the judgment, these amounts shall be remitted to the
clerk within 30 days. Thereafter, when an amount equal to the sum
due to the serving and levying officers has been collected upon the
judgment, these amounts shall be due and payable to those officers
and shall be remitted within 30 days. If the remittance is not
received by the clerk within 30 days or there is a filing of a
partial satisfaction of judgment in an amount at least equal to the
fees and costs payable to the clerk or a satisfaction of judgment has
been filed, notwithstanding any other provision of law, the court
may issue an abstract of judgment, writ of execution, or both for
recovery of those sums, plus the fees for issuance and execution and
an additional fee for administering this
section. The county board of supervisors shall
establish a fee, not to exceed actual costs of administering this
subdivision and in no case exceeding twenty-five dollars ($25), which
shall be added to the writ of execution.
(e) Notwithstanding subdivision (a), a person who is sentenced to
imprisonment in a state prison or confined in a county jail and,
during the period of imprisonment or confinement, files a civil
action or notice of appeal of a civil action in forma pauperis shall
be required to pay the full amount of the filing fee to the extent
provided in this subdivision.
(1) In addition to the form required by this section for filing in
forma pauperis, an inmate shall file a copy of a statement of
account for any sums due to the inmate for the six-month period
immediately preceding the filing of the civil action or notice of
appeal of a civil action. This copy shall be certified by the
appropriate official of the Department of Corrections or a county
jail.
(2) Upon filing the civil action or notice of appeal of a civil
action, the court shall assess, and when funds exist, collect, as a
partial payment of any required court fees, an initial partial filing
fee of 20 percent of the greater of one of the following:
(A) The average monthly deposits to the inmate's account.
(B) The average monthly balance in the inmate's account for the
six-month period immediately preceding the filing of the civil action
or notice of appeal.
(3) After payment of the initial partial filing fee, the inmate
shall be required to make monthly payments of 20 percent of the
preceding month's income credited to the inmate's account. The
Department of Corrections shall forward payments from this account to
the clerk of the court each time the amount in the account exceeds
ten dollars ($10) until the filing fees are paid.
(4) In no event shall the filing fee collected pursuant to this
subdivision exceed the amount of fees permitted by law for the
commencement of a civil action or an appeal of a civil action.
(5) In no event shall an inmate be prohibited from bringing a
civil action or appeal of a civil action solely because the inmate
has no assets and no means to pay the initial partial filing fee.
SEC. 16. Section 72055 of the Government Code is amended to read:
72055. (a) The total fee for filing of the first paper
in a limited civil case , shall be
ninety dollars ($90), except that in cases where the amount demanded,
excluding attorney's fees and costs, is ten thousand dollars
($10,000) or less, the fee shall be eighty-three dollars ($83). The
amount of the demand shall be stated on the first page of the paper
immediately below the caption eighty-seven dollars
($87) .
(b) This section applies to the initial complaint,
petition, or application, and any papers transmitted from another
court on the transfer of a civil action or proceeding, but does not
include documents filed pursuant to Section 491.150, 704.750, or
708.160 of the Code of Civil Procedure.
(c) The term "total fee" as used in this section and
Section 72056 includes any amount allocated to the Judges' Retirement
Fund pursuant to Section 72056.1, any automation fee imposed
pursuant to Section 68090.7, any construction fee imposed pursuant to
Section 76238, and the law library fee established pursuant to
Article 2 (commencing with Section 6320) of Chapter 5 of Division 3
of the Business and Professions Code. The term "total fee" as used
in this section and Section 72056 also includes any dispute
resolution fee imposed pursuant to Section 470.3 of the Business and
Professions Code, but the board of supervisors of each county may
exclude any portion of this dispute resolution fee from the term
"total fee."
(d) The fee shall be waived in any action for damages
against a defendant, based upon the defendant's commission of a
felony offense, upon presentation to the clerk of the court of a
certified copy of the abstract of judgment of conviction of the
defendant of the felony giving rise to the claim for damages. If the
plaintiff would have been entitled to recover those fees from the
defendant had they been paid, the court may assess the amount of the
waived fees against the defendant and order the defendant to pay that
sum to the county.
SEC. 17. Section 77001 of the Government Code is amended to
read:
77001. The Judicial Council shall 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 policies and
procedures about moving funding between functions or line items or
programs.
(2) Local personnel systems plans ,
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.
SEC. 18. 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 Sections 71630 and 71639.3 with respect to
court employees specified in Section 3501.5 .
(7) 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.
SEC. 19. Section 77009 of the Government Code is amended to read:
77009. (a) For the purposes of funding trial court operations,
each board of supervisors shall establish in the county treasury a
Trial Court Operations Fund, which will operate as an agency fund.
All funds appropriated in the Budget Act and allocated and
reallocated to each court in the county by the Judicial Council shall
be deposited into the fund. Accounts shall be established in the
Trial Court Operations Fund for each trial court in the county,
except that one account may be established for courts which have a
unified budget. In a county where court budgets include
appropriations for expenditures administered on a countywide basis,
including, but not limited to, court security, centralized
data-processing and planning and research services, an account for
each centralized service shall be established and funded from those
appropriations.
(b) The moneys of the Trial Court Operations Fund arising from
deposits of funds appropriated in the Budget Act and allocated or
reallocated to each court in the county by the Judicial Council shall
be payable only for the purposes set forth in Sections 77003 and
77006.5, and for services purchased by the court pursuant to
subdivisions (b) and (c) of Section 77212. The presiding judge of
each court in a county, or his or her designee, shall authorize and
direct expenditures from the fund and the county auditor-controller
shall make payments from the funds as directed. Approval of the
board of supervisors is not required for expenditure from this fund.
(c) All funds received by a trial court from any source shall be
deposited in the trial court operations fund, except as provided in
this section. Funds that are received to fulfill the requirements of
Article 4 (commencing with Section 4250) of Chapter 2 of Part 2 of
Division 9 and Division 14 (commencing with Section 10000) of the
Family Code shall be identified and maintained in a separate account
established in the fund for this purpose. All other funds that are
received for purposes other than court operations, as defined in
Section 77003 and Rule 810 of the California Rules of Court, shall be
identified and maintained in one or more separate accounts
established in the fund pursuant to procedures adopted by the
Judicial Council. This subdivision shall only apply to funds
received by the courts for operating and program purposes. This
subdivision shall not apply to either of the following:
(1) Funds received by the courts pursuant to Section 68084, if
those funds are not for operating or program use.
(2) Payments from a party or a defendant received by a trial court
or the county for any fees, fines, or forfeitures.
(d) Interest received by a county which is attributable to
investment of money required by this section to be deposited in its
Trial Court Operations Fund shall be deposited in the fund and shall
be used for trial court operations purposes.
(e) In no event shall interest be charged to the Trial Court
Operations Fund, except as provided in Section 77009.1.
(f) Reasonable administrative expenses incurred by the county
associated with the operation of this fund shall be charged to each
court on a pro rata basis in proportion to the total amount allocated
to each court in this fund.
(g) A county, or city and county, may bill trial courts within its
jurisdiction for costs for services provided by the county, or city
and county, as described in Sections 77003 and 77212, including
indirect costs as described in paragraph (7) of subdivision (a) of
Section 77003 and Section 77212. The costs billed by the county, or
the city and the county, pursuant to this subdivision shall not
exceed the costs incurred by the county, or the city and the county,
of providing similar services to county departments or special
districts.
(h) Pursuant to Section 77206, the Controller, at the request of
the Legislature or the Judicial Council , may
perform financial and fiscal compliance audits of this fund.
The Judicial Council or its representatives may perform audits and
reviews of this fund wherever the records may be located.
(i) The Judicial Council with the concurrence of the
Department of Finance and the Controller's office , in
consultation with the Controller's office, shall establish
procedures to implement the provisions of this section and to provide
for payment of trial court operations expenses, as described in
Sections 77003 and 77006.5, incurred on July 1, 1997, and thereafter.
(j) The Judicial Council shall study alternative methods
for the establishment and management of the Trial Court Operations
Fund as provided in this section, and shall report its findings and
recommendations to the Legislature not later than November 1, 1998.
Notwithstanding any other provision of law, including,
but not limited to, this section, the Judicial Council may establish
trial court operations funds separate from the county treasury. The
operations funds may supersede those provided for under this section
and may require the courts to include any or all money under the
control of the court in the funds.
SEC. 20. 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 request of the Judicial Council. 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 its trial court budget
request and the allocations made by 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 sharing or merger of court support staff among trial
courts across counties.
(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.
(3) The establishment of a separate calendar or division to hear a
particular type of case.
(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.
(5) The use of alternative dispute resolution programs, such as
arbitration.
(6) The development and use of automated accounting and
case-processing systems.
(b) The Judicial Council shall 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 Director of the Courts
shall establish budget procedures and an annual schedule of budget
development and management consistent with these rules.
SEC. 17.
SEC. 21. Section 77206 of the Government Code is amended to read:
77206. (a) The Judicial Council shall adopt appropriate
rules for budget submission and management, and reporting of revenues
and expenditures by each court. The Controller, in consultation
with the Judicial Council, shall maintain appropriate regulations for
record keeping and accounting by the courts, in order to determine
all moneys collected by the courts, including filing fees, fines,
forfeitures, and penalties, and all revenues and expenditures
relating to court operations. Notwithstanding any
other provision of 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, that (1)
the fiscal affairs of the trial courts are managed efficiently,
effectively, and responsibly, and (2) 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 their 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 or
the Judicial Council, 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. The
Judicial Council or its representative may perform audits and reviews
of all court financial records wherever they may be located .
(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 level.
(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.
SEC. 22. 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 those 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
For any contract entered into after January 1, 2002, 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.
SEC. 23. Section 1463.1 of the Penal Code is amended to read:
1463.1. Notwithstanding the any other
provisions of Section 1463 law except
Section 77009 of the Government Code , any municipal
trial court may elect, with prior approval of
the county auditor Administrative Director of
the Courts , to deposit in a bank account pursuant to Section
53679 of the Government Code, all moneys deposited as bail with such
court, or with the clerk thereof.
All moneys received and disbursed through such a bank
account shall be properly and uniformly accounted for under such
procedures as the State Controller may deem
necessary. The Judicial Council may regulate the bank accounts,
provided that its regulations are not inconsistent with those of the
Controller.
SEC. 24. 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.
SEC. 25. 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.
SEC. 26. 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 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.