BILL NUMBER: SB 1316 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Judiciary (Senators Escutia (Chair),
Kuehl, Peace, and Sher)
JANUARY 24, 2002
An act to amend Sections 470.3, 6079.1, 6152, 6302.5, 6321, 6322,
6324, 6341, 6405, 17511.12, 22391, 22455, 25361, and 25762 of, and to
repeal Section 6365 of, the Business and Professions Code, to amend
Sections 52.1, 798.61, 1181, 1780, 1789.24, 1812.10, 1812.105,
1812.503, 1812.510, 1812.515, 1812.525, 1812.600, 2924j, and 2984.4
of the Civil Code, to amend Sections 17, 32.5, 73e, 75, 77, 86.1,
116.210, 116.250, 116.940, 116.950, 134, 166, 170.5, 170.6, 170.9,
179, 194, 195, 198.5, 201, 215, 217, 234, 259, 269, 274a, 392, 393,
394, 395, 396, 403, 403.010, 404, 404.3, 404.9, 422.30, 575, 575.1,
594, 628, 632, 668, 670, 701.530, 701.540, 904.1, 904.5, 1060, 1068,
1085, 1103, 1132, 1141.11, 1141.12, 1161.2, 1208.5, 1281.5, 1420,
1607, 1609, 1710.20, 1775.1, and 2015.3 of, to add Section 271 to,
and to repeal Sections 34, 85.1, 199, 199.2, 199.3, 199.5, 200, 274c,
402, 402.5, 655, 1052, 1052.5, and 1141.29 of, and to repeal Chapter
5 (commencing with Section 81) of Title 1 of Part 1 of, the Code of
Civil Procedure, to amend Section 420 of the Corporations Code, to
amend Sections 48295, 69763.1, and 69763.2 of the Education Code, to
amend Sections 13.5, 327, 2212, 8203, 11221, 13107, 13109, and 13111
of, and to repeal Section 325 of, the Elections Code, to amend
Sections 300, 452.5, and 1061 of the Evidence Code, to amend Sections
4252, 6390, 7122, 7134, 8613, 8614, 8702, 8714.5, 8818, 9200, and
17521 of, and to repeal Section 240.5 of, the Family Code, to amend
Sections 210, 12150, and 12151 of the Fish and Game Code, to amend
Sections 30801, 31503, 31621, and 31622 of the Food and Agricultural
Code, and to amend Sections 811.9, 945.3, 990.2, 1770, 3501.5,
6103.5, 6520, 6701, 6704, 12989, 15422, 16265.2, 20437, 20440,
22754.35, 23220, 23396, 25100.5, 26529, 26608.3, 26625, 26625.2,
26625.3, 26625.4, 26638.2, 26638.4, 26638.5, 26638.6, 26638.7,
26638.8, 26638.9, 26638.10, 26638.11, 26639.2, 26665, 26671.1,
26671.4, 26671.5, 26671.6, 26671.8, 26806, 26827.1, 26832, 26835.1,
26856, 26859, 27081, 27464, 27706, 29603, 29610, 31469, 31520,
31662.6, 31663, 41803.5, 50920, 53069.4, 53075.6, 53075.61, 61601.1,
68071, 68072, 68073, 68074.1, 68082, 68086, 68090.7, 68093, 68098,
68105, 68108, 68115, 68152, 68202, 68206.2, 68525, 68551, 68562,
68620, 69508.5, 69510, 69510.5, 69510.6, 69580, 69581, 69582,
69582.5, 69583, 69584, 69584.5, 69585, 69585.5, 69585.7, 69586,
69587, 69588, 69589, 69590, 69590.5, 69590.7, 69591, 69592, 69593,
69594, 69595, 69595.5, 69596, 69598, 69599, 69599.5, 69600, 69601,
69602, 69603, 69604, 69605, 69605.5, 69606, 69610, 69611, 69649,
69741, 69743, 69744, 69744.5, 69897, 69941, 69942, 69944, 69950,
69952, 69953.5, 69995, 71305, 71380, 71382, 71384, 71386, 71601,
71620, 71622, 71674, 72110, 72116, 72190, 72190.1, 72190.2, 72194.5,
72301, 72403, 73301, 74820.2, 74820.3, 75076.2, 75103, 75602, 76200,
76238, 76245, 77003, 77007, 77008, 82011, 84215, and 91013.5 of, to
amend and repeal Sections 72114.2 and 72115 of, to add Sections
26626, 26638.12, 26639.4, 26639.7, 26672, 69580.3, 69580.7, 69581.3,
69581.7, 69582.3, 69583.5, 69584.7, 69585.9, 69588.3, 69588.7,
69589.3, 69589.7, 69591.3, 69591.7, 69593.5, 69598.5, 69600.5,
69601.3, 69601.7, 69604.3, 69604.5, 69604.7, 69840, and 70219 to, to
add Article 13 (commencing with Section 70141.11) to Chapter 5 of,
Article 1 (commencing with Section 71002), Article 2 (commencing with
Section 71042.5), Article 3 (commencing with Section 71094), and
Article 7 (commencing with Section 71265) to Chapter 6 of, Article 1
(commencing with Section 72004) to Chapter 8 of, Article 9.5
(commencing with Section 73665), Article 11.6 (commencing with
Section 73757), Article 12.5 (commencing with Section 73796), Article
27 (commencing with Section 74602), Article 31 (commencing with
Section 74784), and Article 40 (commencing with Section 74984) to
Chapter 10 of, Title 8 of, to repeal Sections 23296, 23398, 23579,
26524, 26608.4, 26608.5, 26625.1, 26625.10, 26625.11, 26625.12,
26625.13, 26625.14, 26625.15, 26667, 26668, 26800, 26835, 27647,
31555, 53200.3, 53214.5, 68077, 68083, 68096, 68114.8, 68520, 68540,
68542, 68542.5, 68546, 68611, 68618.5, 69607, 69608, 69609, 69613,
69614, 69615, 69648, 69750, 69753, 69801, 69890, 69891.1, 69891.5,
69892, 69892.1, 69893.5, 69893.7, 69894, 69894.1, 69894.3, 69894.4,
69894.6, 69895, 69896, 69898, 69899.5, 69900, 69901, 69903, 69903.3,
69904, 69906, 69908, 69911, 69912, 69915, 69945, 69948, 69948.5,
69949, 69956, 69957, 69958, 69959, 70214.5, 70214.6, 72053.5, 72111,
72113, 72114.1, 72150, 72151, 72190.5, 72191, 72192, 72194, 72195,
72196, 72197, 72198, 72199, 72400, 72404, 72405, 72406, 72408, 73300,
74820.4, 74820.5, 74820.6, 74820.7, 74820.8, 74820.9, 74820.10,
74820.11, 74820.12, 74820.13, 74820.14, 75095.5, 75103, 75602, 76200,
76238, 76245, 77003, 77007, 77008, 82011, 84215, and 91013.5 of, to
repeal Article 1.5 (commencing with Section 26630) of Chapter 2 of
Part 3 of Division 2 of Title 3 of, Article 10 (commencing with
Section 69990), Article 10.1 (commencing with Section 69992), Article
10.2 (commencing with Section 69993), Article 10.3 (commencing with
Section 69994), Article 10.4 (commencing with Section 69995), Article
10.5 (commencing with Section 70000), Article 10.6 (commencing with
Section 70010), Article 10.7 (commencing with Section 70025), Article
11 (commencing with Section 70040), Article 12 (commencing with
Section 70100), Article 12.1 (commencing with Section 70110), Article
12.5 (commencing with Section 70125), Article 12.7 (commencing with
Section 70130), Article 12.8 (commencing with Section 70136), and
Article 13 (commencing with Section 70140) of Chapter 5 of, Article 1
(commencing with Section 71001), Article 2 (commencing with Section
71040), Article 3 (commencing with Section 71080), Article 4
(commencing with Section 71140), Article 5 (commencing with Section
71180), Article 6 (commencing with Section 71220), and Article 7
(commencing with Section 71260) of Chapter 6 of, Article 1
(commencing with Section 72000), Article 6 (commencing with Section
72230), Article 7 (commencing with Section 72270), and Article 10
(commencing with Section 72450) of Chapter 8 of, Chapter 9
(commencing with Section 72600) of, Chapter 9.1 (commencing with
Section 73075) of, and Chapter 9.2 (commencing with Section 73100)
of, Article 1.5 (commencing with Section 73330), Article 2
(commencing with Section 73340), Article 3 (commencing with Section
73390), Article 3.1 (commencing with Section 73400), Article 4
(commencing with Section 73430), Article 5 (commencing with Section
73480), Article 6 (commencing with Section 73520), Article 7
(commencing with Section 73560), Article 7.5 (commencing with Section
73580), Article 8 (commencing with Section 73600), Article 9
(commencing with Section 73640), Article 9.5 (commencing with Section
73660), Article 9.7 (commencing with Section 73671), Article 10
(commencing with Section 73680), Article 10.5 (commencing with
Section 73698), Article 11 (commencing with Section 73701), Article
11.5 (commencing with Section 73730), Article 11.6 (commencing with
Section 73750), Article 12 (commencing with Section 73770), Article
12.2 (commencing with Section 73783.1), Article 12.3 (commencing with
Section 73784), Article 12.5 (commencing with Section 73790),
Article 13 (commencing with Section 73820), Article 14 (commencing
with Section 73870), Article 16 (commencing with Section 73950),
Article 17.1 (commencing with Section 74010), Article 18 (commencing
with Section 74020), Article 20 (commencing with Section 74130),
Article 21.5 (commencing with Section 74190), Article 21.6
(commencing with Section 74205), Article 25 (commencing with Section
74340), Article 25.1 (commencing with Section 74355), Article 26
(commencing with Section 74500), Article 27 (commencing with Section
74600), Article 28 (commencing with Section 74640), Article 28.5
(commencing with Section 74660), Article 29 (commencing with Section
74690), Article 29.5 (commencing with Section 74700), Article 29.6
(commencing with Section 74720), Article 30 (commencing with Section
74740), Article 30.1 (commencing with Section 74760), Article 31
(commencing with Section 74780), Article 32 (commencing with Section
74800), Article 32.5 (commencing with Section 74830), Article 33
(commencing with Section 74840), Article 34 (commencing with Section
74860), Article 35 (commencing with Section 74900), Article 35.5
(commencing with Section 74915), Article 36 (commencing with Section
74920), Article 37 (commencing with Section 74934), Article 38
(commencing with Section 74948), Article 39 (commencing with Section
74960), Article 40 (commencing with Section 74980), and Article 41
(commencing with Section 74993) of Chapter 10 of, Title 8 of, and to
repeal and add Section 74820.1 of, the Government Code, to amend
Sections 515, 664, and 667 of the Harbor and Navigation Code, to
amend Sections 1428, 1543, 1568.0823, 1569.43, 11758.54, 102247,
103625, 117070, and 117120 of the Health and Safety Code, to amend
Section 11706 of the Insurance Code, to amend Sections 98, 98.1,
98.2, 1181, 1701.10, 2691, 5600, and 6436 of the Labor Code, to amend
Section 395.3 of the Military and Veterans Code, to amend Sections
28, 190.9, 808, 810, 830.1, 851.8, 859a, 869, 870, 896, 900, 904,
924.4, 932, 933, 938.1, 938.3, 977, 977.2, 987.2, 1000, 1000.5, 1035,
1036.5, 1038, 1050, 1089, 1203.1b, 1203.1c, 1203.6, 1203.7, 1214,
1237.5, 1240.1, 1269b, 1281a, 1428, 1462.2, 1463, 1463.22, 1524.1,
1538.5, 1539, 3075, 3076, 3085.1, 3607, 4007, 4008, 4009, 4010, 4012,
4024.1, 4112, 4301, 4303, 4304, 4852.18, 6031.1, 13151, and 14154
of, and to repeal Sections 1034, 1039, 1429.5, and 1462 of, the Penal
Code, to amend Sections 1513, 1821, 1826, 1827.5, 1851, and 15688 of
the Probate Code, to amend Sections 5560 and 14591.5 of the Public
Resources Code, to amend Section 5411.5 of the Public Utilities Code,
to amend Section 19707 of the Revenue and Taxation Code, to amend
Sections 5419, 6619, 6621, 6622, 6623, and 8266 of the Streets and
Highways Code, to amend Section 1815 of the Unemployment Insurance
Code, to amend Sections 9805, 9806, 9872.1, 10751, 11102.1, 11203,
11301.5, 11710.2, 14607.6, 27360, 27362, 40230, 40256, 40502,
40506.5, 40508.6, 42003, 42008, 42008.5, and 42203 of the Vehicle
Code, to amend Section 310 of the Water Code, and to amend Sections
246, 255, 270, 601.4, 603.5, 656, 661, 742.16, 872, 1737, 5205, 6251,
and 14172 of, and to repeal Section 247 of, the Welfare and
Institutions Code, relating to court unification.
LEGISLATIVE COUNSEL'S DIGEST
Bill No.as introduced, Senate Committee on Judiciary.General
Subject: Court unification.
The California Constitution provides for the abolition of
municipal courts and their unification within the superior courts, as
specified.
This bill would conform various statutory provisions of law to the
abolition of municipal courts and their unification within the
superior courts.
The bill would also make related statutory changes with respect to
certain superior court rules; the discontinuation of law libraries;
jury service; funding of certain jury costs; the definition of
subordinate judicial officers and their powers, duties, and
compensation; the appointment, duties, and fees of court reporters;
the setting of various court and related fees; the transfer of
various duties from the county clerk to the clerk of the superior
court; the duties of the Judicial Council and the California Law
Revision Commission; provisions affecting county employees who work
for the courts; the representation of judicial officers in specified
actions; the duties of sheriffs and marshals with respect to the
courts; state and county charges for court fees and costs; the
boundaries of judicial districts; the duties of the county probation
department with respect to records; the appointment and duties of
various officers and employees of the superior court; and the
definition of court operations for purposes of trial court funding.
The bill would also set forth the intent of the Legislature and
the operation of the bill with respect to existing rights under the
law.
The bill would impose a state-mandated local program by imposing
new duties on the county surveyor and county recorder with respect to
maps of judicial districts, and on the county probation department
with respect to records, the cost of which is required by law to be
paid out of the county treasury.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 470.3 of the Business and Professions Code is
amended to read:
470.3. (a) Except as provided in subdivision (b), a fee of not
less than one dollar ($1) and not more than eight dollars ($8) may be
added to the total fees collected and fixed pursuant to Sections
26820.4, 26826, 26827, 68090, 72055, and 72056 of the Government Code
for the filing of a first paper in a civil action in superior
or municipal court, other than a small claims
action.
(b) A fee of not less than one dollar ($1) and not more than three
dollars ($3) may be added to the total fees collected and fixed
pursuant to Sections 26820.4, 26826, 26827, 68090, 72055, and 72056
of the Government Code for the filing of a first paper in a civil
action in superior or municipal court, for those
cases where the monetary damages do not exceed the sum of two
thousand five hundred dollars ($2,500). To facilitate the
computation of the correct fee pursuant to this section, the
complaint shall contain a declaration under penalty of perjury
executed by a party requesting a reduction in fees that the case
filed qualifies for the lower fee because claim for money damages
will not exceed the sum of two thousand five hundred dollars
($2,500).
(c) The fees described in subdivisions (a) and (b) shall only be
utilized for the support of the dispute resolution programs
authorized by this chapter.
(d) A county may carry over moneys received from the additional
fees authorized pursuant to subdivisions (a) and (b), that shall be
deposited in a special fund created for those purposes, until such
time as the county elects to fund a dispute resolution program.
Records of those fees shall be available for inspection by the
public, upon request.
SEC. 2. Section 6079.1 of the Business and Professions Code is
amended to read:
6079.1. (a) The Supreme Court shall appoint a presiding judge of
the State Bar Court. In addition, five hearing judges shall be
appointed, two by the Supreme Court, one by the Governor, one by the
Senate Committee on Rules, and one by the Speaker of the Assembly, to
efficiently decide any and all regulatory matters pending before the
Hearing Department of the State Bar Court. The presiding judge and
all other judges of that department shall be appointed for a term of
six years and may be reappointed for additional six-year terms. Any
judge appointed under this section shall be subject to admonition,
censure, removal, or retirement by the Supreme Court upon the same
grounds as provided for judges of courts of record of this state.
(b) Judges of the State Bar Court appointed under this section
shall not engage in the private practice of law. The State Bar Court
shall be broadly representative of the ethnic, sexual, and racial
diversity of the population of California and composed in accordance
with Sections 11140 and 11141 of the Government Code. Each judge:
(1) Shall have been a member of the State Bar for at least five
years.
(2) Shall not have any record of the imposition of discipline as
an attorney in California or any other jurisdiction.
(3) Shall meet such other requirements as may be established by
subdivision (d) of Section 12011.5 of the Government Code.
(c) Applicants for appointment or reappointment as a State Bar
Court judge shall be screened by an applicant evaluation committee as
directed by the Supreme Court. The committee, appointed by the
Supreme Court, shall submit evaluations and recommendations to the
appointing authority and the Supreme Court as provided in Rule 961 of
the California Rules of Court, or as otherwise directed by the
Supreme Court. The committee shall submit no fewer than three
recommendations for each available position.
(d) For judges appointed pursuant to this section or Section
6086.65, the board shall fix and pay reasonable compensation and
expenses and provide adequate supporting staff and facilities.
Hearing judges shall be paid the same salary as municipal
court judges 91.3225 percent of the salary of a
superior court judge . The presiding judge shall be paid the
same salary as a superior court judge.
(e) From among the members of the State Bar or retired judges, the
Supreme Court or the board may appoint pro tempore judges to decide
matters in the Hearing Department of the State Bar Court when a judge
of the State Bar Court is unavailable to serve without undue delay
to the proceeding. Subject to modification by the Supreme Court, the
board may set the qualifications, terms, and conditions of service
for pro tempore judges and may, in its discretion, compensate some or
all of them out of funds appropriated by the board for this purpose.
(f) A judge or pro tempore judge appointed under this section
shall hear every regulatory matter pending in the Hearing Department
of the State Bar Court as to which the taking of testimony or
offering of evidence at trial has not commenced, and when so
assigned, shall sit as the sole adjudicator, except for rulings that
are to be made by the presiding judge of the State Bar Court or
referees of other departments of the State Bar Court.
(g) Any judge or pro tempore judge of the State Bar Court as well
as any employee of the State Bar assigned to the State Bar Court
shall have the same immunity that attaches to judges in judicial
proceedings in this state. Nothing in this subdivision limits or
alters the immunities accorded the State Bar, its officers and
employees, or any judge or referee of the State Bar Court as they
existed prior to January 1, 1989. This subdivision does not
constitute a change in, but is cumulative with, existing law.
(h) Nothing in this section shall be construed to prohibit the
board from appointing persons to serve without compensation to
arbitrate fee disputes under Article 13 (commencing with Section
6200) of this chapter or to monitor the probation of a member of the
State Bar, whether those appointed under Section 6079, as added by
Chapter 1114 of the Statutes of 1986, serve in the State Bar Court or
otherwise.
SEC. 3. Section 6152 of the Business and Professions Code is
amended to read:
6152. (a) It is unlawful for:
(1) Any person, in an individual capacity or in a capacity as a
public or private employee, or for any firm, corporation, partnership
or association to act as a runner or capper for any attorneys or to
solicit any business for any attorneys in and about the state
prisons, county jails, city jails, city prisons, or other places of
detention of persons, city receiving hospitals, city and county
receiving hospitals, county hospitals, municipal courts,
superior courts, or in any public institution or in any
public place or upon any public street or highway or in and about
private hospitals, sanitariums or in and about any private
institution or upon private property of any character whatsoever.
(2) Any person to solicit another person to commit or join in the
commission of a violation of subdivision (a).
(b) A general release from a liability claim obtained from any
person during the period of the first physical confinement, whether
as an inpatient or outpatient, in a clinic or health facility, as
defined in Sections 1203 and 1250 of the Health and Safety Code, as a
result of the injury alleged to have given rise to the claim and
primarily for treatment of the injury, is presumed fraudulent if the
release is executed within 15 days after the commencement of
confinement or prior to release from confinement, whichever occurs
first.
(c) Nothing in this section shall be construed to prevent the
recommendation of professional employment where that recommendation
is not prohibited by the Rules of Professional Conduct of the State
Bar of California.
(d) Nothing in this section shall be construed to mean that a
public defender or assigned counsel may not make known his or her
services as a criminal defense attorney to persons unable to afford
legal counsel whether those persons are in custody or otherwise.
SEC. 4. Section 6302.5 of the Business and Professions Code is
amended to read:
6302.5. Notwithstanding any other provision of law, in Los
Angeles County appointments made by judges of the superior court
or municipal court shall be for a term of four
years, and appointments made by the board of supervisors of the
county shall be for a term of two years.
Trustees who are incumbents on the effective date of this section
shall be considered to have started their terms on the effective date
of this section.
At the first regular meeting following the effective date of this
section, the members appointed by the judiciary shall classify
themselves by lot so that three members shall serve for four years,
and two members for two years. Thereafter, the term of office of
each member so appointed shall be four years.
At the first regular meeting following the effective date of this
section, the members appointed by the board of supervisors shall
classify themselves by lot so that one member shall serve for two
years, and one member for one year. Thereafter the term of office of
each member so appointed shall be two years.
SEC. 5. Section 6321 of the Business and Professions Code is
amended to read:
6321. On the commencement in, or the removal to, the superior
court of any county in this state, of any civil action, proceeding,
or appeal, and on the commencement in, or removal to, the
municipal court in any county, of any civil action or proceeding,
the party instituting such proceeding, or filing the first
papers, shall pay to the clerk of the court, for the law library, on
filing the first papers, the sum of one dollar ($1) as costs, in
addition to the fees fixed by law.
SEC. 6. Section 6322 of the Business and Professions Code is
amended to read:
6322. Thereafter, any defendant, respondent, adverse party, or
intervening party, on making a first appearance in a superior
or municipal court, or any number of defendants,
respondents, or parties, appearing jointly, shall pay to the clerk of
the court, for the law library, the sum of one dollar ($1) as costs,
in addition to the fees fixed by law.
SEC. 7. Section 6324 of the Business and Professions Code is
amended to read:
6324. The board of supervisors of any county may set apart from
the fees collected by the county clerk of the
court , sums not exceeding one thousand two hundred dollars
($1,200) in any one fiscal year, to be paid by the county clerk into
the law library fund in addition to the moneys otherwise provided to
be deposited in that fund by law. The board of supervisors may also
appropriate from the county treasury for law library purposes such
additional sums as may in their discretion appear proper. When so
paid into the law library fund, such sums shall constitute a part of
the fund and be used for the same purposes.
SEC. 8. Section 6341 of the Business and Professions Code is
amended to read:
6341. Any board of law library trustees may establish and
maintain a branch of the law library in any city in the county, other
than the county seat, in which a session of the superior court
or of a municipal court is held , or in
which a municipal court has been authorized by statute but has not
yet begun to operate . In any city constituting the county
seat, any board of law library trustees may establish and maintain a
branch of the law library at any location therein where four or more
judges of the municipal court, or of the superior
court in a county in which there is no municipal court,
are designated to hold sessions more than 10 miles distant
from the principal office of the court. In any city and county any
board of law library trustees may establish and maintain branches of
the law library. A branch is in all respects a part of the law
library and is governed accordingly.
SEC. 9. Section 6365 of the Business and Professions Code is
repealed.
6365. Whenever the board of supervisors in any county in this
State in which there is but one judge of the superior court, which
board shall have adopted the provisions of this chapter and
established a law library, desire to discontinue such law library,
they shall by ordinance declare their intention so to do, and shall
provide in such ordinance that the books already in the library shall
be transferred to and kept in the chambers of the judge of the
superior court of such county. All moneys on hand in the law library
fund of such county shall be by the same ordinance transferred to
the school fund of such county, and the office of member of the board
of law library trustees of such law library shall be abolished.
After such an ordinance takes effect, the county clerk of such county
shall not collect the fees and costs provided for the law library.
SEC. 10. Section 6405 of the Business and Professions Code is
amended to read:
6405. (a) (1) An application for a certificate of registration by
an individual shall be accompanied by a bond of twenty-five thousand
dollars ($25,000) executed by a corporate surety qualified to do
business in this state and conditioned upon compliance with this
chapter. The total aggregate liability on the bond shall be limited
to twenty-five thousand dollars ($25,000). An application for
secondary registration shall meet all of the requirements of this
subdivision, except that in place of posting another original bond or
cash deposit, the applicant shall include a certified copy of the
bond or cash deposit posted in the county in which the applicant
filed the primary registration.
(2) An application for a certificate of registration by a
partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) executed by a corporate surety
qualified to do business in this state and conditioned upon
compliance with this chapter. The total aggregate liability on the
bond shall be limited to twenty-five thousand dollars ($25,000). An
application for a certificate of registration by a person employed by
a partnership or corporation shall be accompanied by a bond of
twenty-five thousand dollars ($25,000) only if the partnership or
corporation has not posted a bond of twenty-five thousand dollars
($25,000) as required by this subdivision. An application for
secondary registration shall meet all of the requirements of this
subdivision, except that in place of posting another original bond or
cash deposit, the applicant shall include a certified copy of the
bond or cash deposit posted in the county in which the applicant
filed the primary registration.
(3) The bond may be terminated pursuant to Section 995.440 of, and
Article 13 (commencing with Section 996.310) of Chapter 2 of Title
14 of Part 2 of, the Code of Civil Procedure.
(b) The county clerk shall, upon filing of the bond, deliver the
bond forthwith to the county recorder for recording. The recording
fee specified in Section 27361 of the Government Code shall be paid
by the registrant. The fee may be paid to the county clerk who shall
transmit it to the recorder.
(c) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
(d) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording. The recording fee specified in
Section 27361 of the Government Code for notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
(e) In lieu of the bond required by subdivision (a), a registrant
may deposit twenty-five thousand dollars ($25,000) in cash with the
county clerk.
(f) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to subdivision
(g) and the right of a person to recover against the bond or cash
deposit under Section 6412.
(g) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit. A judge of a municipal or
superior court may order the return of the deposit prior to the
expiration of three years upon evidence satisfactory to the judge
that there are no outstanding claims against the deposit.
(h) The bond required by this section shall be in favor of the
State of California for the benefit of any person who is damaged as a
result of the violation of this chapter or by the fraud, dishonesty,
or incompetency of an individual, partnership, or corporation
registered under this chapter. The bond required by this section
shall also indicate the name of the county in which it will be filed.
SEC. 11. Section 17511.12 of the Business and Professions Code is
amended to read:
17511.12. (a) Every telephonic seller shall maintain a bond
issued by a surety company admitted to do business in this state.
The bond shall be in the amount of one hundred thousand dollars
($100,000) in favor of the State of California for the benefit of any
person suffering pecuniary loss in a transaction commenced during
the period of bond coverage with a telephonic seller who violated
this chapter. The bond shall include coverage for the payment of the
portion of any judgment, including a judgment entered pursuant to
Section 17203 or 17535, that provides for restitution to any person
suffering pecuniary loss, notwithstanding whether the surety is
joined or served in the action or proceeding. A copy of the bond
shall be filed with the Consumer Law Section of the Department of
Justice. This bond shall not be required of any cable television
operator franchised or licensed pursuant to Section 53066 of the
Government Code.
(b) (1) At least 10 days prior to the inception of any promotion
offering a premium with an actual market value or advertised value of
five hundred dollars ($500) or more, the telephonic seller shall
notify the Attorney General in writing of the details of the
promotion, describing the premium, its current market value, the
value at which it is advertised or held out to the customer, and the
date the premium shall be awarded. All premiums offered shall be
awarded. The telephonic seller shall maintain an additional bond for
the total current market value or advertised value, whichever is
greater, of the premiums held out or advertised to be available to a
purchaser or recipient. A copy of the bond shall be filed with the
Consumer Law Section of the Department of Justice. The bond shall be
for the benefit of any person entitled to the premium who did not
receive it within 30 days of the date disclosed to the Attorney
General as the date on which the premium would be awarded. The
amount paid to a person under a bond required by this subdivision
shall not exceed the greater of the current market value or
advertised or represented value of the premium offered to that
person. The bond shall include coverage for the payment of any
judgment, including a judgment entered pursuant to Section 17203 or
17535, that provides for payment of the value of premiums that were
not timely awarded, notwithstanding whether the surety is joined or
served in the action or proceeding. The bond shall also provide for
payment upon motion by the Attorney General pursuant to subdivision
(d) in the event the seller fails to provide the Attorney General
with proof of the award of premiums as required in paragraph (2).
(2) Within 45 days after the date disclosed to the Attorney
General for the award of premiums, the seller shall provide to the
Attorney General proof that all premiums were awarded. The proof
shall include the names, addresses, and telephone numbers of the
recipients of the premiums and the date or dates on which the
premiums were awarded. The bond shall be maintained until the seller
files proof with the Attorney General as required by this
subdivision or until payment of the amount of the bond is ordered
pursuant to subdivision (d).
(c) (1) In addition to any other means for the enforcement of the
surety's liability on a bond required by this section, the surety's
liability on the bond may be enforced by motion, as provided in this
subdivision, after a judgment has been obtained against the seller.
(2) The Attorney General, district attorney, city attorney, or any
other person who obtained a judgment for restitution against the
seller, as described in subdivision (a), may file a motion in the
court that entered the judgment to enforce liability on the bond
without first attempting to enforce the judgment against any party
liable under the judgment.
(3) The notice of motion, the motion, and a copy for the judgment
shall be served on the surety as provided in Chapter 5 (commencing
with Section 1010) of Title 14 of Part 2 of the Code of Civil
Procedure. The notice shall set forth the amount of the claim and a
brief statement indicating that the claim is covered by the bond.
Service shall also be made on the Consumer Law Section of the
Department of Justice.
(4) The court shall grant the motion unless (A) the surety
establishes that the claim is not covered by the bond or (B) the
court sustains an objection made by the Attorney General that the
grant of the motion might impair the rights of actual or potential
claimants or is not in the public interest.
(d) (1) In addition to any other means for the enforcement of the
surety's liability on a bond required by subdivision (b), the surety'
s liability on the bond may be enforced by motion as provided in this
subdivision.
(2) The Attorney General, district attorney, city attorney, or any
person who claims the premium, may file a motion in a court
of competent jurisdiction in the superior court of
the county or judicial district from which
the seller made an offer of a premium, in which the seller maintains
any office or place of business, or in which an offeree of the
premium resides. The motion shall set forth the nature of the seller'
s offer, the greater of the current market value or advertised or
represented value of the premium, the date by which the premium
should have been awarded, and the fact that the premium was not
awarded as represented.
(3) The notice of motion and motion shall be served on the surety
as provided in Chapter 5 (commencing with Section 1010) of Title 14
of Part 2 of the Code of Civil Procedure.
(4) The court shall grant the motion unless the surety establishes
that the claim is untrue or is not covered by the bond.
(5) The Attorney General may file a motion in a court of
competent jurisdiction in the superior court of
the county or judicial district from which the
seller made an offer of a premium, or in which an offeree of a
premium resides, for the payment of the entire bond if the seller
fails to file proof with the Attorney General of the award of all
premiums as required by paragraph (2) of subdivision (b). The notice
of motion and motion shall be served as provided in Chapter 5
(commencing with Section 1010) of Title 14 of Part 2 of the Code of
Civil Procedure. The motion shall be granted if the Attorney General
establishes that the seller failed to file proof of making the
timely award of all premiums. The recovery on the bond shall be
distributed pro rata to the promised recipients of the premiums to
the extent their identity is actually known to the Attorney General
at the time payment is made by the surety. The balance of the
recovery shall be paid to any judicially established consumer
protection trust fund designated by the Attorney General or as
directed by the court under the cy pres doctrine.
(e) No stay of a motion filed pursuant to this section shall be
granted pending the determination of conflicting claims among
beneficiaries. An order enforcing liability on a bond may be
enforced in the same manner as a money judgment pursuant to Title 9
(commencing with Section 680.010) of Part 2 of the Code of Civil
Procedure. Nothing herein affects the rights of the surety against
the principal.
(f) The surety shall not be liable on the bond for payment of a
judgment against a seller for any violation of this chapter unless
the action or proceeding is filed within two years after the
cancellation or termination of the bond, the termination of the
seller's registration, or the seller's cessation of business,
whichever is later.
(g) The surety shall not be liable on a motion made pursuant to
subdivision (d) unless the motion is filed within two years of the
date on which the seller represented the premium was to have been
awarded.
(h) For the purpose of this section, "judgment" includes a final
order in a proceeding for the termination of telephone service
pursuant to Public Utilities Commission Tariff Rule 31.
(i) Chapter 2 (commencing with Section 995.010) of Title 14 of
Part 2 of the Code of Civil Procedure shall apply to the enforcement
of a bond given pursuant to this section except to the extent of any
inconsistency with this section, in which event this section shall
apply.
SEC. 12. Section 22391 of the Business and Professions Code is
amended to read:
22391. (a) When a deposit has been made in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure, the
person asserting a claim against the deposit shall, in lieu of
Section 996.430 of the Code of Civil Procedure, establish the claim
by furnishing evidence to the Secretary of State of a money judgment
entered by a court together with evidence that the claimant is a
person described in Section 22390.
(b) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval thereon. The claim shall be designated an
"approved claim."
(c) When the first claim against a particular deposit account has
been approved, it shall not be paid until the expiration of a period
of 240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State
within the same 240-day period shall
similarly not be paid until the expiration of the 240-day
period. Upon the expiration of the 240-day period, the Secretary of
State shall pay all approved claims from that 240-day period in full
unless the deposit is insufficient, in which case each approved claim
shall be paid a pro rata share of the deposit.
(d) When the Secretary of State approves the first claim against a
particular deposit account after the expiration of a 240-day period,
the date of approval of that claim shall begin a new 240-day period
to which subdivision (c) shall apply with respect to the amount
remaining in the deposit account.
(e) After a deposit account is exhausted, no further claims shall
be paid by the Secretary of State. Claimants who have had their
claims paid in full or in part pursuant to subdivisions (c) and (d)
shall not be required to return funds received from the deposit for
the benefit of other claimants.
(f) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the invention
developer, other than as to an amount no longer needed or required
for the purpose of this chapter which would otherwise be returned to
the invention developer by the Secretary of State.
(g) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of an invention developer or has
filed a bond pursuant to Section 22389, provided that there are no
outstanding claims against the deposit. The written notice shall
include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of an invention developer or has filed a bond
with the Secretary of State. The Secretary of State shall forward an
acknowledgment of receipt of the written notification to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and anticipated date of release of the
deposit.
(h) This section shall apply to all deposits retained by the
Secretary of State.
(i) A judge of a municipal or superior court
may order the return of the deposit prior to the expiration of two
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit or order the Secretary of
State to retain the deposit for a sufficient period beyond the two
years specified in subdivision (g) to resolve outstanding claims
against the deposit.
SEC. 13. Section 22455 of the Business and Professions Code is
amended to read:
22455. (a) A certificate of registration shall be accompanied by
a bond of five thousand dollars ($5,000) which is executed by a
corporate surety qualified to do business in this state and
conditioned upon compliance with the provisions of this chapter and
all laws governing the transmittal of confidential documentary
information under the code sections specified in Section 22450. The
total aggregate liability on the bond shall be limited to five
thousand dollars ($5,000). The bond may be terminated pursuant to
the provisions of Section 995.440 and Article 13 (commencing with
Section 996.310) of Chapter 2 of Title 14 of Part 2 of the Code of
Civil Procedure.
(1) The county clerk shall, upon filing the bond, deliver the bond
forthwith to the county recorder for recording. The recording fee
specified in Section 27361 of the Government Code shall be paid by
the registered professional photocopier. The fee may be paid to the
county clerk, who shall transmit it to the recorder.
(2) The fee for filing, canceling, revoking, or withdrawing the
bond is seven dollars ($7).
(3) The county recorder shall record the bond and any notice of
cancellation, revocation, or withdrawal of the bond, and shall
thereafter mail the instrument, unless specified to the contrary, to
the person named in the instrument and, if no person is named, to the
party leaving it for recording. The recording fee specified in
Section 27361 of the Government Code for the notice of cancellation,
revocation, or withdrawal of the bond shall be paid to the county
clerk, who shall transmit it to the county recorder.
(b) In lieu of the bond required by subdivision (a), a registrant
may deposit five thousand dollars ($5,000) in cash with the county
clerk.
(c) If the certificate is revoked, the bond or cash deposit shall
be returned to the bonding party or depositor subject to the
provisions of subdivision (d) and the right of a person to recover
against the bond or cash deposit under Section 22459.
(d) The county clerk may retain a cash deposit until the
expiration of three years from the date the registrant has ceased to
do business, or three years from the expiration or revocation date of
the registration, in order to ensure there are no outstanding claims
against the deposit. A judge of a municipal or
superior court may order the return of the deposit prior to the
expiration of three years upon evidence satisfactory to the judge
that there are no outstanding claims against the deposit.
SEC. 14. Section 25361 of the Business and Professions Code is
amended to read:
25361. Notice of the seizure and of the intended forfeiture
proceeding shall be filed with the county clerk
of the court and shall be served on all persons, firms, or
corporations having any right, title, or interest in the alcoholic
beverages or other property seized. If the owner or owners are
unknown or cannot be found, notice of the seizure and intended
forfeiture proceedings shall be made upon such owners by publication
pursuant to Section 6061 of the Government Code in the county where
the seizure was made.
SEC. 15. Section 25762 of the Business and Professions Code is
amended to read:
25762. All fines and forfeitures of bail imposed for a violation
of this division and collected in any court other than a
municipal court shall be paid to the county treasurer of
the county in which the court is held.
All fines and forfeitures of bail imposed for violation of this
division and collected upon conviction or upon forfeiture of bail,
together with money deposited as bail, in any municipal court shall
be deposited with the county treasurer of the county in which the
court is situated and the money deposited shall be distributed and
disposed of pursuant to Section 1463 of the Penal Code.
SEC. 16. Section 52.1 of the Civil Code is amended to read:
52.1. (a) If a person or persons, whether or not acting under
color of law, interferes by threats, intimidation, or coercion, or
attempts to interfere by threats, intimidation, or coercion, with the
exercise or enjoyment by any individual or individuals of rights
secured by the Constitution or laws of the United States, or of the
rights secured by the Constitution or laws of this state, the
Attorney General, or any district attorney or city attorney may bring
a civil action for injunctive and other appropriate equitable relief
in the name of the people of the State of California, in order to
protect the peaceable exercise or enjoyment of the right or rights
secured. An action brought by the Attorney General, any district
attorney, or any city attorney may also seek a civil penalty of
twenty-five thousand dollars ($25,000). If this civil penalty is
requested, it shall be assessed individually against each person who
is determined to have violated this section and the penalty shall be
awarded to each individual whose rights under this section are
determined to have been violated.
(b) Any individual whose exercise or enjoyment of rights secured
by the Constitution or laws of the United States, or of rights
secured by the Constitution or laws of this state, has been
interfered with, or attempted to be interfered with, as described in
subdivision (a), may institute and prosecute in his or her own name
and on his or her own behalf a civil action for damages, including,
but not limited to, damages under Section 52, injunctive relief, and
other appropriate equitable relief to protect the peaceable exercise
or enjoyment of the right or rights secured.
(c) An action brought pursuant to subdivision (a) or (b) may be
filed either in the superior court for the county in which the
conduct complained of occurred or in the superior court for the
county in which a person whose conduct complained of resides or has
his or her place of business. An action brought by the Attorney
General pursuant to subdivision (a) also may be filed in the superior
court for any county wherein the Attorney General has an office, and
in that case, the jurisdiction of the court shall extend throughout
the state.
(d) If a court issues a temporary restraining order or a
preliminary or permanent injunction in an action brought pursuant to
subdivision (a) or (b), ordering a defendant to refrain from conduct
or activities, the order issued shall include the following
statement: VIOLATION OF THIS ORDER IS A CRIME PUNISHABLE UNDER
SECTION 422.9 OF THE PENAL CODE.
(e) The court shall order the plaintiff or the attorney for the
plaintiff to deliver, or the county clerk of
the court to mail, two copies of any order, extension,
modification, or termination thereof granted pursuant to this
section, by the close of the business day on which the order,
extension, modification, or termination was granted, to each local
law enforcement agency having jurisdiction over the residence of the
plaintiff and any other locations where the court determines that
acts of violence against the plaintiff are likely to occur. Those
local law enforcement agencies shall be designated by the plaintiff
or the attorney for the plaintiff. Each appropriate law enforcement
agency receiving any order, extension, or modification of any order
issued pursuant to this section shall serve forthwith one copy
thereof upon the defendant. Each appropriate law enforcement agency
shall provide to any law enforcement officer responding to the scene
of reported violence, information as to the existence of, terms, and
current status of, any order issued pursuant to this section.
(f) A court shall not have jurisdiction to issue an order or
injunction under this section, if that order or injunction would be
prohibited under Section 527.3 of the Code of Civil Procedure.
(g) An action brought pursuant to this section is independent of
any other action, remedy, or procedure that may be available to an
aggrieved individual under any other provision of law, including, but
not limited to, an action, remedy, or procedure brought pursuant to
Section 51.7.
(h) In addition to any damages, injunction, or other equitable
relief awarded in an action brought pursuant to subdivision (b), the
court may award the petitioner or plaintiff reasonable attorney's
fees.
(i) A violation of an order described in subdivision (d) may be
punished either by prosecution under Section 422.9 of the Penal Code,
or by a proceeding for contempt brought pursuant to Title 5
(commencing with Section 1209) of Part 3 of the Code of Civil
Procedure. However, in any proceeding pursuant to the Code of Civil
Procedure, if it is determined that the person proceeded against is
guilty of the contempt charged, in addition to any other relief, a
fine may be imposed not exceeding one thousand dollars ($1,000), or
the person may be ordered imprisoned in a county jail not exceeding
six months, or the court may order both the imprisonment and fine.
(j) Speech alone is not sufficient to support an action brought
pursuant to subdivision (a) or (b), except upon a showing that the
speech itself threatens violence against a specific person or group
of persons; and the person or group of persons against whom the
threat is directed reasonably fears that, because of the speech,
violence will be committed against them or their property and that
the person threatening violence had the apparent ability to carry out
the threat.
(k) No order issued in any proceeding brought pursuant to
subdivision (a) or (b) shall restrict the content of any person's
speech. An order restricting the time, place, or manner of any
person's speech shall do so only to the extent reasonably necessary
to protect the peaceable exercise or enjoyment of constitutional or
statutory rights, consistent with the constitutional rights of the
person sought to be enjoined.
SEC. 17. Section 798.61 of the Civil Code is amended to read:
798.61. (a) (1) As used in this section, "abandoned mobilehome"
means a mobilehome about which all of the following are true:
(A) It is located in a mobilehome park on a site for which no rent
has been paid to the management for the preceding 60 days.
(B) It is unoccupied.
(C) A reasonable person would believe it to be abandoned.
(2) For purposes of this section:
(A) "Mobilehome" shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
(B) "Abandoned mobilehome" shall include a mobilehome that is
uninhabitable because of its total or partial destruction that cannot
be rehabilitated, if the mobilehome also satisfies the requirements
of paragraph (1).
(b) After determining a mobilehome in a mobilehome park to be an
abandoned mobilehome, the management shall post a notice of belief of
abandonment on the mobilehome for not less than 30 days, and shall
deposit copies of the notice in the United States mail, postage
prepaid, addressed to the homeowner at the last known address and to
any known registered owner, if different from the homeowner, and to
any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
(c) Thirty or more days following posting pursuant to subdivision
(b), the management may file a petition in the municipal
court for the judicial district in which the mobilehome park is
located, or in the superior court in a county in
which there is no municipal court the county in which
the mobilehome park is located , for a judicial declaration of
abandonment of the mobilehome. A proceeding under this subdivision
is a limited civil case. Copies of the petition shall be served upon
the homeowner, any known registered owner, and any known person
having a lien or security interest of record in the mobilehome by
posting a copy on the mobilehome and mailing copies to those persons
at their last known addresses by registered or certified mail with a
return receipt requested in the United States mail, postage prepaid.
(d) (1) Hearing on the petition shall be given precedence over
other matters on the court's calendar.
(2) If, at the hearing, the petitioner shows by a preponderance of
the evidence that the criteria for an abandoned mobilehome has been
satisfied and no party establishes an interest therein at the
hearing, the court shall enter a judgment of abandonment, determine
the amount of charges to which the petitioner is entitled, and award
attorney's fees and costs to the petitioner. For purposes of this
subdivision, an interest in the mobilehome shall be established by
evidence of a right to possession of the mobilehome or a security or
ownership interest in the mobilehome.
(3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered, if
no responsive pleading is filed within 15 days after service of the
petition by mail.
(e) (1) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
(2) During this period the management shall post and mail notice
of intent to sell the abandoned mobilehome and its contents under
this section, and announcing the date of sale, in the same manner as
provided for the notice of determination of abandonment under
subdivision (b).
(3) At any time prior to the sale of a mobilehome under this
section, any person having a right to possession of the mobilehome
may recover and remove it from the premises upon payment to the
management of all rent or other charges due, including reasonable
costs of storage and other costs awarded by the court. Upon receipt
of this payment and removal of the mobilehome from the premises
pursuant to this paragraph, the management shall immediately file an
acknowledgment of satisfaction of judgment pursuant to Section
724.030 of the Code of Civil Procedure.
(f) Following the judgment of abandonment, but not less than 10
days following the notice of sale specified in subdivision (e), the
management may conduct a public sale of the abandoned mobilehome and
its contents. The management may bid at the sale and shall have the
right to offset its bids to the extent of the total amount due it
under this section. The proceeds of the sale shall be retained by
the management, but any unclaimed amount thus retained over and above
the amount to which the management is entitled under this section
shall be deemed abandoned property and shall be paid into the
treasury of the county in which the sale took place within 30 days of
the date of the sale. The former homeowner or any other owner may
claim any or all of that unclaimed amount within one year from the
date of payment to the county by making application to the county
treasurer or other official designated by the county. If the county
pays any or all of that unclaimed amount to a claimant, neither the
county nor any officer or employee of the county is liable to any
other claimant as to the amount paid.
(g) Within 30 days of the date of the sale, the management shall
submit to the court an accounting of the moneys received from the
sale and the disposition of the money and the items contained in the
inventory submitted to the court pursuant to subdivision (e).
(h) The management shall provide the purchaser at the sale with a
copy of the judgment of abandonment and evidence of the sale, as
shall be specified by the State Department of Housing and Community
Development or the Department of Motor Vehicles, which shall register
title in the abandoned mobilehome to the purchaser upon presentation
thereof. The sale shall pass title to the purchaser free of any
prior interest, including any security interest or lien, except the
lien provided for in Section 18116.1 of the Health and Safety Code,
in the abandoned mobilehome.
SEC. 18. Section 1181 of the Civil Code is amended to read:
1181. The proof or acknowledgment of an instrument may be made
before a notary public at any place within this state, or within the
county or city and county in this state in which the officer
specified below was elected or appointed, before either:
(a) A clerk of a superior or municipal court.
(b) A county clerk.
(c) A court commissioner.
(d) A judge or retired judge of a municipal or
justice court.
(e) A district attorney.
(f) A clerk of a board of supervisors.
(g) A city clerk.
(h) A county counsel.
(i) A city attorney.
(j) Secretary of the Senate.
(k) Chief Clerk of the Assembly.
SEC. 19. Section 1780 of the Civil Code is amended to read:
1780. (a) Any consumer who suffers any damage as a result of the
use or employment by any person of a method, act, or practice
declared to be unlawful by Section 1770 may bring an action against
that person to recover or obtain any of the following:
(1) Actual damages, but in no case shall the total award of
damages in a class action be less than one thousand dollars ($1,000).
(2) An order enjoining the methods, acts, or practices.
(3) Restitution of property.
(4) Punitive damages.
(5) Any other relief that the court deems proper.
(b) Any consumer who is a senior citizen or a disabled person, as
defined in subdivisions (f) and (g) of Section 1761, as part of an
action under subdivision (a), may seek and be awarded, in addition to
the remedies specified therein, up to five thousand dollars ($5,000)
where the trier of fact (1) finds that the consumer has suffered
substantial physical, emotional, or economic damage resulting from
the defendant's conduct, (2) makes an affirmative finding in regard
to one or more of the factors set forth in subdivision (b) of Section
3345, and (3) finds that an additional award is appropriate.
Judgment in a class action by senior citizens or disabled persons
under Section 1781 may award each class member such an additional
award where the trier of fact has made the foregoing findings.
(c) An action under subdivision (a) or (b) may be commenced in the
county in which the person against whom it is brought resides, has
his or her principal place of business, or is doing business, or in
the county where the transaction or any substantial portion thereof
occurred.
If within the county there is a municipal court, having
jurisdiction of the subject matter, established in the city and
county or judicial district in which the person against whom the
action is brought resides, has his or her principal place of
business, or is doing business, or in which the transaction or any
substantial portion thereof occurred, then that court is the proper
court for the trial of the action. Otherwise, any court in the
county having jurisdiction of the subject matter is the proper court
for the trial thereof.
In any action subject to the provisions of this section,
concurrently with the filing of the complaint, the plaintiff shall
file an affidavit stating facts showing that the action has been
commenced in a county or judicial district
described in this section as a proper place for the trial of the
action. If a plaintiff fails to file the affidavit required by this
section, the court shall, upon its own motion or upon motion of any
party, dismiss the action without prejudice.
(d) The court shall award court costs and attorney's fees to a
prevailing plaintiff in litigation filed pursuant to this section.
Reasonable attorney's fees may be awarded to a prevailing defendant
upon a finding by the court that the plaintiff's prosecution of the
action was not in good faith.
SEC. 20. Section 1789.24 of the Civil Code is amended to read:
1789.24. (a) When a deposit has been made in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure, the
person asserting a claim against the deposit shall, in lieu of
proceeding under Section 996.430 of the Code of Civil Procedure,
establish the claim by furnishing evidence to the Secretary of State
of a money judgment entered by a court, together with evidence that
the claimant is a person described in subdivision (b) of Section
1789.18.
(b) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval thereon. The claim shall be designated an
"approved claim."
(c) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(d) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (c) shall apply with respect to any amount
remaining in the deposit.
(e) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivision (c) or (d) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(f) When a deposit has been made in lieu of a bond, as specified
in subdivision (a), the amount of the deposit shall not be subject to
attachment, garnishment, or execution with respect to an action or
judgment against the credit services organization, other than as to
an amount as no longer needed or required for the purpose of this
title which would otherwise be returned to the credit services
organization by the Secretary of State.
(g) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a credit services organization or
has filed a bond pursuant to Section 1789.18, provided that there
are no outstanding claims against the deposit. The written notice
shall include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of a credit services organization or has filed
a bond with the Secretary of State. The Secretary of State shall
forward an acknowledgment of receipt of the written notice to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and anticipated date of release of the
deposit.
(h) This section shall apply to all deposits retained by the
Secretary of State.
(i) A judge of a municipal or superior court
may order the return of the deposit prior to the expiration of two
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit or order the Secretary of
State to retain the
deposit for a sufficient period beyond the two years specified in
subdivision (g) to resolve outstanding claims against the deposit
account.
SEC. 21. Section 1812.10 of the Civil Code is amended to read:
1812.10. An action on a contract or installment account under the
provisions of this chapter shall be tried in the county in which the
contract was in fact signed by the buyer, in the county in which the
buyer resided at the time the contract was entered into, in the
county in which the buyer resides at the commencement of the action,
or in the county in which the goods purchased pursuant to the
contract have been so affixed to real property as to become a part of
that real property.
If within the county there is a municipal court, having
jurisdiction of the subject matter, established in the city and
county or judicial district in which the contract was in fact signed
by the buyer, or in which the buyer resided at the time the contract
was entered into, or in which the buyer resides at the commencement
of the action or in which the goods purchased pursuant to the
contract have been so affixed to real property as to become a part of
that real property, then that court is the proper court for the
trial of the action. Otherwise, any court in the county, having
jurisdiction of the subject matter, is the proper court for the trial
thereof.
In any action subject to the provisions of this section,
concurrently with the filing of the complaint, the plaintiff shall
file an affidavit stating facts showing that the action has been
commenced in a county or judicial district
described in this section as a proper place for the trial of the
action. Those facts may be stated in a verified complaint and shall
not be stated on information or belief. When that affidavit is filed
with the complaint, a copy thereof shall be served with the summons.
If a plaintiff fails to file the affidavit or state facts in a
verified complaint required by this section, no further proceedings
shall be had, but the court shall, upon its own motion or upon motion
of any party, dismiss the action without prejudice; however, the
court may, on such terms as may be just, permit the affidavit to be
filed subsequent to the filing of the complaint and a copy of the
affidavit shall be served on the defendant. The time to answer or
otherwise plead shall date from that service.
SEC. 22. Section 1812.105 of the Civil Code is amended to read:
1812.105. (a) When a deposit has been made in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure, the
person asserting a claim against the deposit shall, in lieu of
Section 996.430 of the Code of Civil Procedure, establish the claim
by furnishing evidence to the Secretary of State of a money judgment
entered by a court together with evidence that the claimant is a
person described in Section 1812.104.
(b) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval on the claim. The claim shall be
designated an "approved claim."
(c) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(d) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (c) shall apply with respect to the amount
remaining in the deposit.
(e) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivisions (c) and (d) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(f) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the discount
buying organization, other than as to an amount as no longer needed
or required for the purpose of this title that would otherwise be
returned to the discount buying organization by the Secretary of
State.
(g) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a discount buying organization or
has filed a bond pursuant to Section 1812.103, provided that there
are no outstanding claims against the deposit. This written notice
shall include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of a discount buying organization or has filed
a bond with the Secretary of State. The Secretary of State shall
forward an acknowledgment of receipt of the written notice to the
assignor at the address indicated therein, specifying the date of
receipt of the written notice and anticipated date of release of the
deposit, provided there are no outstanding claims against the
deposit.
(h) A judge of a municipal or superior court
may order the return of the deposit prior to the expiration of two
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit or order the Secretary of
State to retain the deposit for a sufficient period beyond the two
years specified in subdivision (g) to resolve outstanding claims
against the deposit.
SEC. 23. Section 1812.503 of the Civil Code is amended to read:
1812.503. (a) Every employment agency subject to this title shall
maintain a bond issued by a surety company admitted to do business
in this state. The principal sum of the bond shall be three thousand
dollars ($3,000). A copy of the bond shall be filed with the
Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of this title or by
fraud, dishonesty, misstatement, misrepresentation, deceit, unlawful
acts or omissions, or failure to provide the services of the
employment agency in performance of the contract with the jobseeker,
by the employment agency or its agents, representatives, or employees
while acting within the scope of their employment.
(c) (1) No employment agency shall conduct any business without
having a current surety bond in the amount prescribed by this title
and filing a copy of the bond with the Secretary of State.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the employment
agency and the Secretary of State, identifying the bond and the date
of cancellation or termination.
(3) If any employment agency fails to obtain a new bond and file a
copy of that bond with the Secretary of State by the effective date
of the cancellation or termination of the former bond, the employment
agency shall cease to conduct any business unless and until a new
surety bond is obtained and a copy of that bond is filed with the
Secretary of State.
(d) When a deposit has been made in lieu of the bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
(e) When a claimant has established the claim with the Secretary
of State, the Secretary of State shall review and approve the claim
and enter the date of approval thereon. The claim shall be
designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to any amount
remaining in the deposit.
(h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivision (f) or (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the
employment agency, other than as to an amount as no longer needed or
required for the purpose of this title that would otherwise be
returned to the employment agency by the Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of an employment agency or has filed
a bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. This written notice shall
include all of the following: (1) name, address, and telephone
number of the assignor; (2) name, address, and telephone number of
the bank at which the deposit is located; (3) account number of the
deposit; and (4) a statement whether the assignor is ceasing to
engage in the business of an employment agency or has filed a bond
with the Secretary of State. The Secretary of State shall forward an
acknowledgment of receipt of the written notice to the assignor at
the address indicated therein, specifying the date of receipt of the
written notice and anticipated date of release of the deposit,
provided there are no outstanding claims against the deposit.
(k) A judge of a municipal or superior court
may order the return of the deposit prior to the expiration of two
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit or order the Secretary of
State to retain the deposit for a sufficient period beyond the two
years pursuant to subdivision (j) to resolve outstanding claims
against the deposit account.
(l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or deposit filed in lieu of a bond as
set forth in Section 995.710 of the Code of Civil Procedure.
(m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 24. Section 1812.510 of the Civil Code is amended to read:
1812.510. (a) Every employment counseling service subject to this
title shall maintain a bond issued by a surety company admitted to
do business in this state. The principal sum of the bond shall be
ten thousand dollars ($10,000). A copy of the bond shall be filed
with the Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California, and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of this title or by
fraud, dishonesty, misstatement, misrepresentation, deceit, unlawful
acts of or omissions, or failure to
provide the services of the employment counseling service in
performance of the contract with the customer by the employment
counseling service or its agents, representatives, or employees while
acting within the scope of their employment.
(c) (1) No employment counseling service shall conduct any
business without having a current surety bond in the amount
prescribed by this title and filing a copy of the bond with the
Secretary of State.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the employment
counseling service and the Secretary of State, identifying the bond
and the date of cancellation or termination.
(3) If any employment counseling service fails to obtain a new
bond and file a copy of that bond with the Secretary of State by the
effective date of the cancellation or termination of the former bond,
the employment counseling service shall cease to conduct any
business unless and until a new surety bond is obtained and a copy of
that bond is filed with the Secretary of State.
(d) When a deposit has been made in lieu of the bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
(e) When a person has established the claim with the Secretary of
State, the Secretary of State shall immediately review and approve
the claim and enter the date of approval on the claim. The claim
shall be designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit account after the expiration of the 240-day
period, the date of approval of that claim shall begin a new 240-day
period to which subdivision (f) shall apply with respect to the
amount remaining in the deposit account.
(h) After a deposit account is exhausted, no further claims shall
be paid by the Secretary of State. Claimants who have had their
claims paid in full or in part pursuant to subdivisions (f) and (g)
shall not be required to return funds received from the deposit for
the benefit of other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the
employment counseling service, other than as to an amount as no
longer needed or required for the purpose of this title that would
otherwise be returned to the employment counseling service by the
Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a counseling service or has filed
a bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. Written notification to the
Secretary of State shall include all of the following: (1) name,
address, and telephone number of the assignor; (2) name, address, and
telephone number of the bank at which the deposit is located; (3)
account number of the deposit; and (4) a statement whether the
assignor is ceasing to engage in the business of a counseling service
or has filed a bond with the Secretary of State. The Secretary of
State shall forward an acknowledgment of receipt of the written
notice to the assignor at the address indicated in the notice,
specifying the date of receipt of the written notice and anticipated
date of release of the deposit, provided there are no outstanding
claims against the deposit account.
(k) A judge of a municipal or superior court
may order the return of the deposit prior to the expiration of two
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit or order the Secretary of
State to retain the deposit for a sufficient period beyond the two
years pursuant to subdivision (j) to resolve outstanding claims
against the deposit account.
(l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or the deposit filed in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
(m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 25. Section 1812.515 of the Civil Code is amended to read:
1812.515. (a) Every job listing service subject to this title
shall maintain a bond issued by a surety company admitted to do
business in this state. The principal sum of the bond shall be ten
thousand dollars ($10,000) for each location. A copy of the bond
shall be filed with the Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California, and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of
misrepresentation, deceit, unlawful acts of omissions, or failure to
provide the services of the job listing service in performance of the
contract with the jobseeker, by the job listing service or its
agent, representatives, or employees while acting within the scope of
their employment.
(c) (1) No job listing service shall conduct any business without
having a current surety bond in the amount prescribed by this chapter
and filing a copy of the bond with the Secretary of State,
identifying the bond and the date of cancellation or termination.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the job listing
service and the Secretary of State, identifying the bond and the date
of cancellation or termination.
(3) If any job listing service fails to obtain a new bond and file
a copy of that bond with the Secretary of State by the effective
date of the cancellation or termination of the former bond, the job
listing service shall cease to conduct any business unless and until
a new surety bond is obtained and a copy of that bond is filed with
the Secretary of State.
(d) When a deposit has been made in lieu of a bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person asserting
a claim against the deposit shall, in lieu of Section 996.430 of the
Code of Civil Procedure, establish the claim by furnishing evidence
to the Secretary of State of a money judgment entered by a court
together with evidence that the claimant is a person described in
subdivision (b).
(e) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval on the claim. The claim shall be
designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid in a pro rata share of
the deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of the 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to the amount
remaining in the deposit.
(h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivisions (f) and (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the job
listing service, other than as to an amount as no longer needed or
required for the purpose of this title that would otherwise be
returned to the job listing service by the Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a job listing service or has
filed a bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. Written notification to the
Secretary of State shall include all of the following: (1) name,
address, and telephone number of the assignor; (2) name, address, and
telephone number of the bank at which the deposit is located; (3)
account number of the deposit; and (4) a statement whether the
assignor is ceasing to engage in the business of a job listing
service or has filed a bond with the Secretary of State. The
Secretary of State shall forward an acknowledgment of receipt of the
written notice to the assignor at the address indicated therein,
specifying the date of receipt of the written notice and anticipated
date of release of the deposit, provided there are no outstanding
claims against the deposit.
(k) A judge of a municipal or superior court
may order the return of the deposit prior to the expiration of two
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit or order the Secretary of
State to retain the deposit for a specified period beyond the two
years pursuant to subdivision (j) to resolve outstanding claims
against the deposit account.
(l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or deposit filed in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
(m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 26. Section 1812.525 of the Civil Code is amended to read:
1812.525. (a) Every nurses' registry subject to this title shall
maintain a bond issued by a surety company admitted to do business in
this state. The principal sum of the bond shall be three thousand
dollars ($3,000). A copy of the bond shall be filed with the
Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California, and shall be
conditioned that the person obtaining the bond will comply with this
title and will pay all sums due any individual or group of
individuals when the person or his or her representative, agent, or
employee has received those sums. The bond shall be for the benefit
of any person or persons damaged by any violation of this title or by
fraud, dishonesty, misstatement, misrepresentation, deceit, unlawful
acts or omissions, or failure to provide the services of the nurses'
registry in performance of the contract with the nurse by the nurses'
registry or its agents, representatives, or employees while acting
within the scope of their employment.
(c) (1) No nurses' registry shall conduct any business without
having a current surety bond in the amount prescribed by this title
and filing a copy of the bond with the Secretary of State.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the nurses'
registry and the Secretary of State, identifying the bond and the
date of cancellation or termination.
(3) If any nurses' registry fails to obtain a new bond and file a
copy of that bond with the Secretary of State by the effective date
of the cancellation or termination of the former bond, the nurses'
registry shall cease to conduct any business unless and until a new
surety bond is obtained and a copy of that bond is filed with the
Secretary of State.
(d) When a deposit has been made in lieu of a bond pursuant to
Section 995.710 of the Code of Civil Procedure, the person
asserting a claim against the
deposit shall, in lieu of Section 996.430 of the Code of Civil
Procedure, establish the claim by furnishing evidence to the
Secretary of State of a money judgment entered by a court together
with evidence that the claimant is a person described in subdivision
(b).
(e) When a person has established the claim with the Secretary of
State, the Secretary of State shall review and approve the claim and
enter the date of approval on the claim. The claim shall be
designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon the expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to the amount
remaining in the deposit.
(h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivisions (f) and (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the nurses'
registry, other than as to an amount as no longer needed or required
for the purpose of this title that would otherwise be returned to the
nurses' registry by the Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of a nurse's registry or has filed a
bond pursuant to subdivision (a), provided that there are no
outstanding claims against the deposit. The written notice to the
Secretary of State shall include all of the following: (1) name,
address, and telephone number of the assignor; (2) name, address, and
telephone number of the bank at which the deposit is located; (3)
account number of the deposit; and (4) a statement whether the
assignor is ceasing to engage in the business of a nurse's registry
or has filed a bond with the Secretary of State. The Secretary of
State shall forward an acknowledgment of receipt of the written
notice to the assignor at the address indicated therein, specifying
the date of receipt of the written notice and anticipated date of
release of the deposit, provided there are no outstanding claims
against the deposit.
(k) A judge of a municipal or superior court
may order the return of the deposit prior to the expiration of two
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit or order the Secretary of
State to retain the deposit for a specified period beyond the two
years pursuant to subdivision (j) to resolve outstanding claims
against the deposit.
(l) The Secretary of State shall charge a filing fee not to exceed
the cost of filing the bond or deposit filed in lieu of a bond
pursuant to Section 995.710 of the Code of Civil Procedure.
(m) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 27. Section 1812.600 of the Civil Code is amended to read:
1812.600. (a) Every auctioneer and auction company shall maintain
a bond issued by a surety company admitted to do business in this
state. The principal sum of the bond shall be twenty thousand
dollars ($20,000). A copy of the bond shall be filed with the
Secretary of State.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person or persons damaged by any fraud,
dishonesty, misstatement, misrepresentation, deceit, unlawful acts or
omissions, or failure to provide the services of the auctioneer or
auction company in performance of the auction by the auctioneer or
auction company or its agents, representatives, or employees while
acting within the scope of their employment.
(c) (1) No auctioneer or auction company shall conduct any
business without having a current surety bond in the amount
prescribed by this section and without filing a copy of the bond with
the Secretary of State.
(2) Thirty days prior to the cancellation or termination of any
surety bond required by this section, the surety shall send a written
notice of that cancellation or termination to both the auctioneer or
auction company and the Secretary of State, identifying the bond and
the date of cancellation or termination.
(3) If any auctioneer or auction company fails to obtain a new
bond and file a copy of that bond with the Secretary of State by the
effective date of the cancellation or termination of the former bond,
the auctioneer or auction company shall cease to conduct any
business unless and until that time as a new surety bond is obtained
and a copy of that bond is filed with the Secretary of State.
(d) A deposit may be made in lieu of a bond as set forth in
Section 995.710 of the Code of Civil Procedure. When a deposit is
made in lieu of the bond, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the
Secretary of State of a money judgment entered by a court together
with evidence that the claimant is a person described in subdivision
(b).
(e) When a claimant has established the claim with the Secretary
of State, the Secretary of State shall review and approve the claim
and enter the date of approval on the claim. The claim shall be
designated an "approved claim."
(f) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Secretary of State.
Subsequent claims that are approved by the Secretary of State within
the same 240-day period shall similarly not be paid until the
expiration of the 240-day period. Upon expiration of the 240-day
period, the Secretary of State shall pay all approved claims from
that 240-day period in full unless the deposit is insufficient, in
which case each approved claim shall be paid a pro rata share of the
deposit.
(g) When the Secretary of State approves the first claim against a
particular deposit after the expiration of a 240-day period, the
date of approval of that claim shall begin a new 240-day period to
which subdivision (f) shall apply with respect to any amount
remaining in the deposit.
(h) After a deposit is exhausted, no further claims shall be paid
by the Secretary of State. Claimants who have had their claims paid
in full or in part pursuant to subdivision (f) or (g) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(i) When a deposit has been made in lieu of a bond, the amount of
the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the
auctioneer or auction company, other than as to that amount that is
no longer needed or required for the purpose of this section that
otherwise would be returned to the auctioneer or auction company by
the Secretary of State.
(j) The Secretary of State shall retain a cash deposit for two
years from the date the Secretary of State receives written
notification from the assignor of the deposit that the assignor has
ceased to engage in the business of an auctioneer or auction company
or has filed a bond pursuant to subdivision (a), provided that there
are no outstanding claims against the deposit. Written notification
to the Secretary of State shall include all of the following: (1)
name, address, and telephone number of the assignor; (2) name,
address, and telephone number of the bank at which the deposit is
located; (3) account number of the deposit; and (4) a statement
whether the assignor is ceasing to engage in the business of an
auctioneer or auction company or has filed a bond with the Secretary
of State. The Secretary of State shall forward an acknowledgment of
receipt of the written notice to the assignor at the address
indicated in the notice, specifying the date of receipt of the
written notice and anticipated date of release of the deposit,
provided there are no outstanding claims against the deposit.
(k) A judge of a municipal or superior court
may order the return of the deposit prior to the expiration of two
years upon evidence satisfactory to the judge that there are no
outstanding claims against the deposit or order the Secretary of
State to retain the deposit for a specified period beyond the two
years pursuant to subdivision (j) to resolve outstanding claims
against the deposit.
(l) If an auctioneer or auction company fails to perform any of
the duties specifically imposed upon him or her pursuant to this
title, any person may maintain an action for enforcement of those
duties or to recover a civil penalty in the amount of one thousand
dollars ($1,000), or for both enforcement and recovery.
(m) In any action to enforce these duties or to recover civil
penalties, or for both enforcement and recovery, the prevailing
plaintiff shall be entitled to reasonable attorney's fees and costs,
in addition to the civil penalties provided under subdivision (l).
(n) Notwithstanding the repeal of Chapter 3.7 (commencing with
Section 5700) of Division 3 of the Business and Professions Code by
the act adding this chapter, any cash security in lieu of the surety
bond formerly required and authorized by former Chapter 3.7
(commencing with Section 5700) of Division 3 of the Business and
Professions Code, shall be transferred to, and maintained by, the
Secretary of State.
(o) The Secretary of State shall charge and collect a filing fee
not to exceed the cost of filing the bond or deposit filed in lieu of
a bond as set forth in Section 995.710 of the Code of Civil
Procedure.
(p) The Secretary of State shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits
in lieu of bonds.
SEC. 28. Section 2924j of the Civil Code is amended to read:
2924j. (a) Unless an interpleader action has been filed, within
30 days of the execution of the trustee's deed resulting from a sale
in which there are proceeds remaining after payment of the amounts
required by paragraphs (1) and (2) of subdivision (a) of Section
2924k, the trustee shall send written notice to all persons with
recorded interests in the real property as of the date immediately
prior to the trustee's sale who would be entitled to notice pursuant
to subdivisions (b) and (c) of Section 2924b. The notice shall be
sent by first-class mail in the manner provided in paragraph (1) of
subdivision (c) of Section 2924b and inform each entitled person of
each of the following:
(1) That there has been a trustee's sale of the described real
property.
(2) That the noticed person may have a claim to all or a portion
of the sale proceeds remaining after payment of the amounts required
by paragraphs (1) and (2) of subdivision (a) of Section 2924k.
(3) The noticed person may contact the trustee at the address
provided in the notice to pursue any potential claim.
(4) That before the trustee can act, the noticed person may be
required to present proof that the person holds the beneficial
interest in the obligation and the security interest therefor. In
the case of a promissory note secured by a deed of trust, proof that
the person holds the beneficial interest may include the original
promissory note and assignment of beneficial interests related
thereto. The noticed person shall also submit a written claim to the
trustee, executed under penalty of perjury, stating the following:
(A) The amount of the claim to the date of trustee's sale.
(B) An itemized statement of the principal, interest, and other
charges.
(C) That claims must be received by the trustee at the address
stated in the notice no later than 30 days after the date the trustee
sends notice to the potential claimant.
(b) The trustee shall exercise due diligence to determine the
priority of the written claims received by the trustee to the trustee'
s sale surplus proceeds from those persons to whom notice was sent
pursuant to subdivision (a). In the event there is no dispute as to
the priority of the written claims submitted to the trustee, proceeds
shall be paid within 30 days after the conclusion of the notice
period. If the trustee has failed to determine the priority of
written claims within 90 days following the 30-day notice period,
then within 10 days thereafter the trustee shall deposit the funds
with the clerk of the court pursuant to subdivision (c) or file an
interpleader action pursuant to subdivision (e). Nothing in this
section shall preclude any person from pursuing other remedies or
claims as to surplus proceeds.
(c) If, after due diligence, the trustee is unable to determine
the priority of the written claims received by the trustee to the
trustee's sale surplus of multiple persons or if the trustee
determines there is a conflict between potential claimants, the
trustee may file a declaration of the unresolved claims and deposit
with the clerk of the superior or municipal court, as
applicable, court of the county in which the
sale occurred, that portion of the sales proceeds that cannot be
distributed, less any fees charged by the clerk pursuant to this
subdivision. The declaration shall specify the date of the trustee's
sale, a description of the property, the names and addresses of all
persons sent notice pursuant to subdivision (a), a statement that the
trustee exercised due diligence pursuant to subdivision (b), that
the trustee provided written notice as required by subdivisions (a)
and (d) and the amount of the sales proceeds deposited by the trustee
with the superior or municipal court. Further,
the trustee shall submit a copy of the trustee's sales guarantee and
any information relevant to the identity, location, and priority of
the potential claimants with the superior or municipal
court and shall file proof of service of the notice
required by subdivision (d) on all persons described in subdivision
(a).
The clerk shall deposit the amount with the county treasurer
subject to order of the superior or municipal
court upon the application of any interested party. The clerk may
charge a reasonable fee for the performance of activities pursuant to
this subdivision equal to the fee for filing an interpleader action
pursuant to Article 2 (commencing with Section 26820) of Division 2
of Title 3 of the Government Code. Upon deposit of that portion of
the sale proceeds that cannot be distributed by due diligence, the
trustee shall be discharged of further responsibility for the
disbursement of sale proceeds. A deposit with the clerk of the
superior or municipal court pursuant to this
subdivision may be either for the total proceeds of the trustee's
sale, less any fees charged by the clerk, if a conflict or conflicts
exist with respect to the total proceeds, or that portion that cannot
be distributed after due diligence, less any fees charged by the
clerk.
(d) Before the trustee deposits the funds with the clerk of the
court pursuant to subdivision (c), the trustee shall send written
notice by first-class mail, postage prepaid, to all persons described
in subdivision (a) informing them that the trustee intends to
deposit the funds with the clerk of the superior or
municipal court , as applicable, and
that a claim for the funds must be filed with the court within 30
days from the date of the notice, providing the address of the court
in which the funds were deposited, and a phone number for obtaining
further information.
Within 90 days after deposit with the clerk, the court shall
consider all claims filed at least 15 days before the date on which
the hearing is scheduled by the court, the clerk shall serve written
notice of the hearing by first-class mail on all claimants identified
in the trustees' declaration at the addresses specified therein.
Where the amount of the deposit is twenty-five thousand dollars
($25,000) or less, a proceeding pursuant to this section is a limited
civil case. The court shall distribute the deposited funds to
any and all claimants entitled thereto.
(e) Nothing in this section restricts the ability of a trustee to
file an interpleader action in order to resolve a dispute about the
proceeds of a trustee's sale. Once an interpleader action has been
filed, thereafter the provisions of this section shall not apply.
(f) "Due diligence," for the purposes of this section means that
the trustee researched the written claims submitted or other evidence
of conflicts and determined that a conflict of priorities exists
between two or more claimants which the trustee is unable to resolve.
(g) To the extent required by the Unclaimed Property Law, a
trustee in possession of surplus proceeds not required to be
deposited with the court pursuant to subdivision (b) shall comply
with the Unclaimed Property Law (Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure).
(h) Prior to July 1, 2000, the Judicial Council shall adopt a form
to accomplish the filing authorized by this section.
SEC. 29. Section 2984.4 of the Civil Code is amended to read:
2984.4. An action on a contract or purchase order under the
provisions of this chapter shall be tried in the county in which the
contract or purchase order was in fact signed by the buyer, in the
county in which the buyer resided at the time the contract or
purchase order was entered into, in the county in which the buyer
resides at the commencement of the action or in the county in which
the motor vehicle purchased pursuant to the contract or purchase
order is permanently garaged.
In any action involving multiple claims, or causes of action,
venue shall lie in such counties so long as there is at least one
claim or cause of action arising from a contract subject to the
provisions of this chapter.
If within the county there is a municipal court, having
jurisdiction of the subject matter, established in the judicial
district in which the contract, conditional sale contract, or
purchase order was in fact signed by the buyer, or in which the buyer
resided at the time the contract, conditional sale contract, or
purchase order was entered into, or in which the buyer resides at the
commencement of the action, or in which the motor vehicle purchased
pursuant to the contract is permanently garaged, that court is the
proper court for the trial of the action. Otherwise, any court in
the county, having jurisdiction of the subject matter, is the proper
court for the trial of the action.
In any action subject to the provisions of this section,
concurrently with the filing of the complaint, the plaintiff shall
file an affidavit stating facts showing that the action has been
commenced in a county or judicial district
described in this section as a proper place for the trial of the
action. Those facts may be stated in a verified complaint and shall
not be stated on information or belief. When that affidavit is filed
with the complaint, a copy thereof shall be served with the summons.
If a plaintiff fails to file the affidavit or state facts in a
verified complaint required by this section, no further proceedings
shall be had, but the court shall, upon its own motion or upon motion
of any party, dismiss the action without prejudice; however, the
court may, on such terms as may be just, permit the affidavit to be
filed subsequent to the filing of the complaint and a copy of the
affidavit shall be served on the defendant. The time to answer or
otherwise plead shall date from that service.
SEC. 30. Section 17 of the Code of Civil Procedure is amended to
read:
17. Words used in this code in the present tense include the
future as well as the present; words used in the masculine gender
include the feminine and neuter; the singular number includes the
plural and the plural the singular; the word "person" includes a
corporation as well as a natural person; the word "county" includes
"city and county"; and the words "judicial district" include
"city and county"; writing includes printing and
typewriting; oath includes affirmation or declaration; and every mode
of oral statement, under oath or affirmation, is embraced by the
term "testify," and every written one in the term "depose"; signature
or subscription includes mark, when the person cannot write, his or
her name or her being written near it by a person who writes his or
her own name as a witness; provided, that when a signature is by mark
it must, in order that the same may be acknowledged or may serve as
the signature to any sworn statement, be witnessed by two persons who
must subscribe their own names as witness thereto.
The following words have in this code the signification attached
to them in this section, unless otherwise apparent from the context:
1. The word "property" includes both real and personal property;
2. The words "real property" are coextensive with lands,
tenements, and hereditaments;
3. The words "personal property" include money, goods, chattels,
things in action, and evidences of debt;
4. The word "month" means a calendar month, unless otherwise
expressed;
5. The word "will" includes codicil;
6. The word "writ" signifies an order or precept in writing,
issued in the name of the people, or of a court or judicial officer;
and the word "process" a writ or summons issued in the course of
judicial proceedings;
7. The word "state," when applied to the different parts of the
United States, includes the District of Columbia and the territories;
and the words "United States" may include the district and
territories;
8. The word "section" whenever hereinafter employed, refers to a
section of this code, unless some other code or statute is expressly
mentioned;
9. The word "affinity" when applied to the marriage relation,
signifies the connection existing in consequence of marriage, between
each of the married persons and the blood relatives of the other;
10. The word "sheriff" shall include "marshal."
SEC. 31. Section 32.5 of the Code of Civil Procedure is amended to
read:
32.5. The "jurisdictional classification" of a case means its
classification as a limited civil case or otherwise
an unlimited civil case .
SEC. 32. Section 34 of the Code of Civil Procedure is repealed.
34. The provisions of this code relating to the commencement and
prosecution of, and the practice, procedure, and enforcement of
judgments and decrees in, actions and proceedings in trial courts,
shall apply to all such courts, except where special provision is
made for particular courts, or where a general provision is not
applicable by reason of jurisdictional limitations.
SEC. 33. Section 73e of the Code of Civil Procedure is amended to
read:
73e. Notwithstanding any other provisions of law, in each county
wherein the juvenile hall is not located at the county seat of the
county, a majority of the judges of the superior court in and for
such county may by an order filed with the county clerk of
such county clerk of the court direct that a
session or sessions of the superior court, while sitting for the
purpose of hearing and determining cases and proceedings arising
under Chapter 2 of Part 1 of Division 2 or Chapter 2 of Part 1 of
Division 6 or Chapter 4 of Part 4 of Division 6 of the Welfare and
Institutions Code, may be held or continued in any judicial
district place in the county in which the
juvenile hall is located and thereafter such session or sessions of
the superior court may be held or continued in the judicial
district location designated in such order. In
a county having two superior court judges the senior
presiding judge may make the order.
SEC. 34. Section 75 of the Code of Civil Procedure is amended to
read:
75. The superior court in any county in which there is
only one judge may by rule provide that , whenever
the judge is absent from the county upon assignment by the Chairman
of the Judicial Council, any noncontested matter in which
no evidence is required, or which may be submitted upon affidavits,
shall be deemed submitted upon the filing with the clerk of a
statement of submission by the party or his
the party's attorney or upon the date set for the hearing.
SEC. 35. Section 77 of the Code of Civil Procedure is amended to
read:
77. (a) In every county and city and county, there is an
appellate division of the superior court consisting of three judges
or, when the Chief Justice finds it necessary, four judges.
The Chief Justice shall assign judges to the appellate division
for specified terms pursuant to rules, not inconsistent with statute,
adopted by the Judicial Council to promote the independence and
quality of each appellate division. Each judge assigned to the
appellate division of a superior court shall be a judge of that
court, a judge of the superior court of another county, or a judge
retired from the superior court or a court of higher jurisdiction in
this state.
The Chief Justice shall designate one of the judges of each
appellate division as the presiding judge of the division.
(b) In each appellate division, no more than three judges shall
participate in a hearing or decision. The presiding judge of the
division shall designate the three judges who shall participate.
(c) In addition to their other duties, the judges designated as
members of the appellate division of the superior court shall serve
for the period specified in the order
of designation. Whenever a judge is designated to
serve in the appellate division of the superior court of a county
other than the county in which that judge was elected or appointed as
a superior court judge, or if the judge is retired, in a county
other than the county in which the judge resides, the judge shall
receive from the county to which the judge is designated
expenses for travel, board, and lodging. If the judge is
out of the judge's county overnight or longer, by reason of the
designation, that judge shall be paid a per diem allowance in lieu of
expenses for board and lodging in the same amounts as are payable
for those purposes to justices of the Supreme Court under the rules
of the State Board of Control. In addition, a retired judge shall
receive from the state and the county to which the judge is
designated, for the time so served, amounts equal to that
which the judge would have received from each if
the judge had been assigned to the superior court of the county.
(d) The concurrence of two judges of the appellate division of the
superior court shall be necessary to render the decision in every
case in, and to transact any other business except business that may
be done at chambers by the presiding judge of, the division. The
presiding judge shall convene the appellate division when necessary.
The presiding judge shall also supervise its business and transact
any business that may be done at chambers.
(e) The appellate division of the superior court has jurisdiction
on appeal from the following courts, in all cases
in which an appeal may be taken to the superior court or the
appellate division of the superior court as provided by law, except
where the appeal is a retrial in the superior court :
.
(1) The municipal courts within the county.
(2) The superior court in a county in which there is no municipal
court.
(f) The powers of each appellate division shall be the same as are
now or may hereafter be provided by law or rule of the Judicial
Council relating to appeals to the appellate division of the superior
courts.
(g) The Judicial Council shall promulgate rules, not inconsistent
with law, to promote the independence of, and govern the practice and
procedure and the disposition of the business of the appellate
division.
(h) Notwithstanding any other provision of law, the Chief
Justice may designate any municipal court judge as a member of the
appellate division of the superior court if the municipal court is
participating in a trial court coordination plan approved by the
Judicial Council and the designated municipal court judge has been
assigned to the superior court of the county by the Chief Justice.
(i) A reference in any other statute to the appellate department
of the superior court means the appellate division of the superior
court.
(j) Notwithstanding the provisions of subdivisions (b)
and (d), appeals from convictions of traffic infractions may be heard
and decided by one judge of the appellate division of the superior
court.
SEC. 36. Chapter 5 (commencing with Section 81) of Title 1 of Part
1 of the Code of Civil Procedure is repealed.
SEC. 37. Section 85.1 of the Code of Civil Procedure is repealed.
85.1. Except as otherwise provided by statute, the municipal
court, or the superior court in a county in which there is no
municipal court, has original jurisdiction in a limited civil case.
SEC. 38. Section 86.1 of the Code of Civil Procedure is amended to
read:
86.1. An action brought pursuant to the Long-Term Care, Health,
Safety, and Security Act of 1973 (Chapter 2.4 (commencing with
Section 1417) of Division 2 of the Health and Safety Code) is a
limited civil case if civil penalties are not sought or amount to
twenty-five thousand dollars ($25,000) or less. An action
brought in a municipal court may be transferred to the superior court
for consolidation with any other citation enforcement action pending
in that court, on the motion of either party.
SEC. 39. Section 116.210 of the Code of Civil Procedure is amended
to read:
116.210. In each municipal court and each
superior court in a county in which there is no municipal
court, there shall be a small claims division. The small
claims division may be known as the small claims court.
SEC. 40. Section 116.250 of the Code of Civil Procedure is amended
to read:
116.250. (a) Sessions of the small claims court may be scheduled
at any time and on any day, including Saturdays, but excluding other
judicial holidays. They may also be scheduled at any public building
within the judicial district county ,
including places outside the courthouse.
(b) Each small claims division of a municipal court with
four or more judicial officers, and each small claims
division of a superior court with seven or more judicial officers
, shall conduct at least one night session or
Saturday session each month for the purpose of hearing small claims
cases other than small claims appeals. The term "session" includes,
but is not limited to, a proceeding conducted by a member of the
State Bar acting as a mediator or referee.
SEC. 41. Section 116.940 of the Code of Civil Procedure is amended
to read:
116.940. (a) Except as otherwise provided in this section or in
rules adopted by the Judicial Council, the characteristics of the
small claims advisory service required by Section 116.260 shall be
determined by each county superior court
in accordance with local needs and conditions.
(b) Each advisory service shall provide the following services:
(1) Individual personal advisory services, in person or by
telephone, and by any other means reasonably calculated to provide
timely and appropriate assistance.
(2) Recorded telephone messages may be used to supplement the
individual personal advisory services, but shall not be the sole
means of providing advice available in the county.
(3) Adjacent Superior courts in adjacent
counties may provide advisory services jointly.
(c) In any county in which the number of small claims actions
filed annually is 1,000 or less as averaged over the immediately
preceding two fiscal years, the county
superior court may elect to exempt itself from the requirements
set forth in subdivision (b). This exemption shall be formally
noticed through the adoption of a resolution by the board of
supervisors local rule . If a county
court so exempts itself, the county
court shall nevertheless provide the following
minimum advisory services in accordance with rules adopted by the
Judicial Council:
(1) Recorded telephone messages providing general information
relating to small claims actions filed in the county shall be
provided during regular business hours.
(2) Small claims information booklets shall be provided in the
court clerk's office of each municipal
superior court, the court clerk's office of each
superior court in a county in which there is no municipal court, the
county administrator's office, other appropriate county
offices, and in any other location that is convenient to prospective
small claims litigants in the county.
(d) The advisory service shall operate in conjunction and
cooperation with the small claims division, and shall be administered
so as to avoid the existence or appearance of a conflict of interest
between the individuals providing the advisory services and any
party to a particular small claims action or any judicial officer
deciding small claims actions.
(e) Advisors may be volunteers, and shall be members of the State
Bar, law students, paralegals, or persons experienced in resolving
minor disputes, and shall be familiar with small claims court rules
and procedures. Advisors shall not appear in court as an advocate
for any party.
(f) Advisors and other court employees and volunteers have the
immunity conferred by Section 818.9 of the Government Code with
respect to advice provided under this chapter.
SEC. 42. Section 116.950 of the Code of Civil Procedure is amended
to read:
116.950. (a) This section shall become operative only if the
Department of Consumer Affairs determines that sufficient private or
public funds are available in addition to the funds available in the
department's current budget to cover the costs of implementing this
section.
(b) There shall be established an advisory committee, constituted
as set forth in this section, to study small claims practice and
procedure, with particular attention given to the improvement of
procedures for the enforcement of judgments.
(c) The members of the advisory committee shall serve without
compensation, but shall be reimbursed for expenses actually and
necessarily incurred by them in the performance of their duties.
(d) The advisory committee shall be composed as follows:
(1) The Attorney General or a representative.
(2) Two consumer representatives from consumer groups or agencies,
appointed by the Secretary of the State and Consumer Services
Agency.
(3) One representative appointed by the Speaker of the Assembly
and one representative appointed by the President pro Tempore of the
Senate.
(4) Two representatives appointed by the Board of Governors of the
State Bar.
(5) Two representatives of the business community, appointed by
the Secretary of the Trade and Commerce Agency.
(6) Six judicial officers who have extensive experience presiding
in small claims court, appointed by the Judicial Council. Judicial
officers appointed under this subdivision may include judicial
officers of the superior court, judicial officers of the
municipal court, judges of the appellate courts, retired
judicial officers, and temporary judges.
(7) One representative appointed by the Governor.
(8) Two clerks of the court appointed by the Judicial Council.
(e) Staff assistance to the advisory committee shall be provided
by the Department of Consumer Affairs, with the assistance of the
Judicial Council, as needed.
SEC. 43. Section 134 of the Code of Civil Procedure is amended to
read:
134. (a) Except as provided in subdivision (c), the courts shall
be closed for the transaction of judicial business on judicial
holidays for all but the following purposes:
(1) To give, upon their request, instructions to a jury when
deliberating on their verdict.
(2) To receive a verdict or discharge a jury.
(3) For the conduct of arraignments and the exercise of the powers
of a magistrate in a criminal action, or in a proceeding of a
criminal nature.
(4) For the conduct of Saturday small claims court sessions
pursuant to the Small Claims Act set forth in Chapter 5.5 (commencing
with Section 116.110).
(b) Injunctions and writs of prohibition may be issued and served
on any day.
(c) In any superior or municipal court, one or
more departments of the court may remain open and in session for the
transaction of any business that may come before the department in
the exercise of the civil or criminal jurisdiction of the court, or
both, on a judicial holiday or at any hours of the day or night, or
both, as the judges of the court prescribe.
(d) The fact that a court is open on a judicial holiday shall not
make that day a nonholiday for purposes of computing the time
required for the conduct of any proceeding nor for the performance of
any act. Any paper lodged with the court at a time when the court
is open pursuant to subdivision (c), shall be filed by the court on
the next day that is not a judicial holiday, if the document meets
appropriate criteria for filing.
SEC. 44. Section 166 of the Code of Civil Procedure is amended to
read:
166. (a) The judge or judges of the superior
and municipal courts may, in chambers ,
in the matters within the jurisdiction of their respective courts
:
(1) Grant all orders and writs that are usually granted in the
first instance upon an ex parte application, and hear and dispose of
those orders and writs, appoint referees, require and receive
inventories and accounts to be filed, order notice of settlement of
supplemental accounts, suspend the powers of personal
representatives, guardians, or conservators in the cases allowed by
law, appoint special administrators, grant letters of temporary
guardianship or conservatorship, approve or reject claims, and direct
the issuance from the court of all writs and process necessary in
the exercise of their powers in matters of probate.
(2) Hear and determine all motions made pursuant to Section 657 or
663.
(3) Hear and determine all uncontested actions, proceedings,
demurrers, motions, petitions, applications, and other matters
pending before the court other than actions for dissolution of
marriage, for legal separation, or for a judgment of nullity of the
marriage, and except also applications for confirmation of sale of
real property in probate proceedings.
(4) Hear and determine motions to tax costs of enforcing a
judgment.
(5) Approve bonds and undertakings.
(b) A judge may, out of court, anywhere in the state, exercise all
the powers and perform all the functions and duties conferred upon a
judge as contradistinguished from the court, or that a judge may
exercise or perform in chambers.
SEC. 45. Section 170.5 of the Code of Civil Procedure is amended
to read:
170.5. For the purposes of Sections 170 to 170.5, inclusive, the
following definitions apply:
(a) "Judge" means judges of the municipal and
superior courts, and court commissioners and referees.
(b) "Financial interest" means ownership of more than a 1 percent
legal or equitable interest in a party, or a legal or equitable
interest in a party of a fair market value in excess of one thousand
five hundred dollars ($1,500), or a relationship as director, advisor
or other active participant in the affairs of a party, except as
follows:
(1) Ownership in a mutual or common investment fund that holds
securities is not a "financial interest" in those securities unless
the judge participates in the management of the fund.
(2) An office in an educational, religious, charitable, fraternal,
or civic organization is not a "financial interest" in securities
held by the organization.
(3) The proprietary interest of a policyholder in a mutual
insurance company, or a depositor in a mutual savings association, or
a similar proprietary interest, is a "financial interest" in the
organization only if the outcome of the proceeding could
substantially affect the value of the interest.
(c) "Officer of a public agency" does not include a Member of the
Legislature or a state or local agency official acting in a
legislative capacity.
(d) The third degree of relationship shall be calculated according
to the civil law system.
(e) "Private practice of law" includes a fee for service,
retainer, or salaried representation of private clients or public
agencies, but excludes lawyers as full-time employees of public
agencies or lawyers working exclusively for legal aid offices, public
defender offices, or similar nonprofit entities whose clientele is
by law restricted to the indigent.
(f) "Proceeding" means the action, case, cause, motion, or special
proceeding to be tried or heard by the judge.
(g) "Fiduciary" includes any executor, trustee, guardian, or
administrator.
SEC. 46. Section 170.6 of the Code of Civil Procedure is amended
to read:
170.6. (1) No judge, court commissioner, or referee of any
superior or municipal court of the State of
California shall try any civil or criminal action or special
proceeding of any kind or character nor hear any matter therein that
involves a contested issue of law or fact when it shall be
established as hereinafter provided that the judge or court
commissioner is prejudiced against any party or attorney or the
interest of any party or attorney appearing in the action or
proceeding.
(2) Any party to or any attorney appearing in any such action or
proceeding may establish this prejudice by an oral or written motion
without notice supported by affidavit or declaration under penalty of
perjury or an oral statement under oath that the judge, court
commissioner, or referee before whom the action or proceeding is
pending or to whom it is assigned is prejudiced against any such
party or attorney or the interest of the party or attorney so that
the party or attorney cannot or believes that he or she cannot have a
fair and impartial trial or hearing before the judge, court
commissioner, or referee. Where the judge, other than a judge
assigned to the case for all purposes, court commissioner, or referee
assigned to or who is scheduled to try the cause or hear the matter
is known at least 10 days before the date set for trial or hearing,
the motion shall be made at least five days before that date. If
directed to the trial of a cause where there is a master calendar,
the motion shall be made to the judge supervising the master calendar
not later than the time the cause is assigned for trial. If
directed to the trial of a cause that has been assigned to a judge
for all purposes, the motion shall be made to the assigned judge or
to the presiding judge by a party within 10 days after notice of the
all purpose assignment, or if the party has not yet appeared in the
action, then within 10 days after the appearance. If the court in
which the action is pending is authorized to have no more than one
judge and the motion claims that the duly elected or appointed judge
of that court is prejudiced, the motion shall be made before the
expiration of 30 days from the date of the first appearance in the
action of the party who is making the motion or whose attorney is
making the motion. In no event shall any judge, court commissioner,
or referee entertain the motion if it be made after the drawing of
the name of the first juror, or if there be no jury, after the making
of an opening statement by counsel for plaintiff, or if there is no
such statement, then after swearing in the first witness or the
giving of any evidence or after trial of the cause has otherwise
commenced. If the motion is directed to a hearing (other than the
trial of a cause), the motion shall be made not later than the
commencement of the hearing. In the case of trials or hearings not
herein specifically provided for, the procedure herein specified
shall be followed as nearly as may be. The fact that a judge, court
commissioner, or referee has presided at or acted in connection with
a pretrial conference or other hearing, proceeding or motion prior to
trial and not involving a determination of contested fact issues
relating to the merits shall not preclude the later making of the
motion provided for herein at the time and in the manner hereinbefore
provided.
A motion under this paragraph may be made following reversal on
appeal of a trial court's decision, or following reversal on appeal
of a trial court's final judgment, if the trial judge in the prior
proceeding is assigned to conduct a new trial on the matter.
Notwithstanding paragraph (3) of this section, the party who filed
the appeal that resulted in the reversal of a final judgment of a
trial court may make a motion under this section regardless of
whether that party or side has previously done so. The motion shall
be made within 60 days after the party or the party's attorney has
been notified of the assignment.
(3) If the motion is duly presented and the affidavit or
declaration under penalty of perjury is duly filed or such oral
statement under oath is duly made, thereupon and without any further
act or proof, the judge supervising the master calendar, if any,
shall assign some other judge, court commissioner, or referee to try
the cause or hear the matter. In other cases, the trial of the cause
or the hearing of the matter shall be assigned or transferred to
another judge, court commissioner, or referee of the court in which
the trial or matter is pending or, if there is no other judge, court
commissioner, or referee of the court in which the trial or matter is
pending, the Chair of the Judicial Council shall assign some other
judge, court commissioner, or referee to try the cause or hear the
matter as promptly as possible. Except as provided in this section,
no party or attorney shall be permitted to make more than one such
motion in any one action or special proceeding pursuant to this
section; and in actions or special proceedings where there may be
more than one plaintiff or similar party or more than one defendant
or similar party appearing in the action or special proceeding, only
one motion for each side may be made in any one action or special
proceeding.
(4) Unless required for the convenience of the court or unless
good cause is shown, a continuance of the trial or hearing shall not
be granted by reason of the making of a motion under this section.
If a continuance is granted, the cause or matter shall be continued
from day to day or for other limited periods upon the trial or other
calendar and shall be reassigned or transferred for trial or hearing
as promptly as possible.
(5) Any affidavit filed pursuant to this section shall be in
substantially the following form:
(Here set forth court and cause)
State of California, ) PEREMPTORY CHALLENGE
County of __________ ) ss.
_______, being duly sworn, deposes and says: That he or she
is a party (or attorney for a party) to the within action (or
special proceeding). That _____ the judge, court commissioner,
or referee before whom the trial of the (or a hearing in the)
aforesaid action (or special proceeding) is pending (or to whom
it is assigned) is prejudiced against the party (or his or her
attorney) or the interest of the party (or his or her attorney)
so that affiant cannot or believes that he or she cannot have a
fair and impartial trial or hearing before the judge, court
commissioner, or referee.
Subscribed and sworn to before me this
____ day of ____, 19__ 20__ .
(Clerk or notary public or other
officer administering oath)
(6) Any oral statement under oath or declaration under penalty of
perjury made pursuant to this section shall include substantially the
same contents as the affidavit above.
(7) Nothing in this section shall affect or limit Section 170 or
Title 4 (commencing with Section 392) of Part 2, and this section
shall be construed as cumulative thereto.
(8) If any provision of this section or the application to any
person or circumstance is held invalid, that invalidity shall not
affect other provisions or applications of the section that can be
given effect without the invalid provision or application and to this
end the provisions of this section are declared to be severable.
SEC. 47. Section 170.9 of the Code of Civil Procedure is amended
to read:
170.9. (a) No judge shall accept gifts from any single source in
any calendar year with a total value of more than two hundred fifty
dollars ($250). This section shall not be construed to authorize the
receipt of gifts that would otherwise be prohibited by the
California Code of Judicial Ethics adopted by the California Supreme
Court or any other provision of law.
(b) This section shall not prohibit or limit the following:
(1) Payments, advances, or reimbursements for travel and related
lodging and subsistence permitted by subdivision (e).
(2) Wedding gifts and gifts exchanged between individuals on
birthdays, holidays and other similar occasions, provided that the
gifts exchanged are not substantially disproportionate in value.
(3) A gift, bequest, favor, or loan from any person whose
preexisting relationship with a judge would prevent the judge from
hearing a case involving that person, under the Code of Judicial
Ethics adopted by the California Supreme Court.
(c) For purposes of this section, "judge" means judges of the
municipal or superior courts, and justices of the
courts of appeal or the Supreme Court.
(d) The gift limitation amounts in this section shall be adjusted
biennially by the Commission on Judicial Performance to reflect
changes in the Consumer Price Index, rounded to the nearest ten
dollars ($10).
(e) Payments, advances, or reimbursements, for travel, including
actual transportation and related lodging and subsistence which is
reasonably related to a judicial or governmental purpose, or to an
issue of state, national, or international public policy, is not
prohibited or limited by this section if any of the following apply:
(1) The travel is in connection with a speech, practice
demonstration, or group or panel discussion given or participated in
by the judge, the lodging and subsistence expenses are limited to the
day immediately preceding, the day of, and the day immediately
following the speech, demonstration, or discussion, and the travel is
within the United States.
(2) The travel is provided by a government, a governmental agency
or authority, a foreign government, a foreign bar association, an
international service organization, a bona fide public or private
educational institution, as defined in Section 203 of the Revenue and
Taxation Code, or a nonprofit charitable or religious organization
which is exempt from taxation under Section 501(c)(3) of the Internal
Revenue Code, or by a person domiciled outside the United States who
substantially satisfies the requirements for tax exempt status under
Section 501(c)(3) of the Internal Revenue Code.
For purposes of this section, "foreign bar association" means an
association of attorneys located outside the United States (A) that
performs functions substantially equivalent to those performed by
state or local bar associations in this state and (B) that permits
membership by attorneys in that country representing various legal
specialties and does not limit membership to attorneys generally
representing one side or another in litigation. "International
service organization" means a bona fide international service
organization of which the judge is a member. A judge who accepts
travel payments from an international service organization pursuant
to this subdivision shall not preside over or participate in
decisions affecting that organization, its state or local chapters,
or its local members.
(3) The travel is provided by a state or local bar association
or judges professional association in connection with testimony
before a governmental body or attendance at any professional function
hosted by the bar association or judges professional association,
the lodging and subsistence expenses are limited to the day
immediately preceding, the day of, and the day immediately following
the professional function.
(f) Payments, advances, and reimbursements for travel not
described in subdivision (e) are subject to the limit in subdivision
(a).
(g) No judge shall accept any honorarium.
(h) "Honorarium" means any payment made in consideration for any
speech given, article published, or attendance at any public or
private conference, convention, meeting, social event, meal or like
gathering.
(i) "Honorarium" does not include earned income for personal
services which are customarily provided in connection with the
practice of a bona fide business, trade, or profession, such as
teaching or writing for a publisher, and does not include fees or
other things of value received pursuant to Section 94.5 of the Penal
Code for performance of a marriage.
For purposes of this section, "teaching" shall include
presentations to impart educational information to lawyers in events
qualifying for credit under Mandatory Continuing Legal Education, to
students in bona fide educational institutions, and to associations
or groups of judges.
(j) Subdivision (a) and (e) shall apply to all payments, advances,
reimbursements for travel and related lodging and subsistence.
(k) This section does not apply to any honorarium that is not used
and, within 30 days after receipt, is either returned to the donor
or delivered to the Controller for deposit in the General Fund
without being claimed as a deduction from income for tax purposes.
(l) "Gift" means any payment to the extent that consideration of
equal or greater value is not received and includes a rebate or
discount in the price of anything of value unless the rebate or
discount is made in the regular course of business to members of the
public without regard to official status. Any person, other than a
defendant in a criminal action, who claims that a payment is not a
gift by reason of receipt of consideration has the burden of proving
that the consideration received is of equal or greater value.
However, the term "gift" does not include:
(1) Informational material such as books, reports, pamphlets,
calendars, periodicals, cassettes and discs, or free or reduced-price
admission, tuition, or registration, for informational conferences
or seminars. No payment for travel or reimbursement for any expenses
shall be deemed "informational material."
(2) Gifts which are not used and which, within 30 days after
receipt, are returned to the donor or delivered to a charitable
organization without being claimed as a charitable contribution for
tax purposes.
(3) Gifts from a judge's spouse, child, parent, grandparent,
grandchild, brother, sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, or first cousin or the
spouse of any such person; provided that a gift from any such person
shall be considered a gift if the donor is acting as an agent or
intermediary for any person not covered by this paragraph.
(4) Campaign contributions required to be reported under Chapter 4
(commencing with Section 84100) of Title 9 of the Government Code.
(5) Any devise or inheritance.
(6) Personalized plaques and trophies with an individual value of
less than two hundred fifty dollars ($250).
(7) Admission to events hosted by state or local bar associations
or judges' professional associations, and provision of related food
and beverages at such events, when attendance does not require
"travel" as described in paragraph (3) of subdivision (e).
(m) The Commission on Judicial Performance shall enforce the
prohibitions of this section.
SEC. 48. Section 179 of the Code of Civil Procedure is amended to
read:
179. Each of the justices of the Supreme Court and of any court
of appeal and the judges of the superior courts, shall have power in
any part of the state , and every municipal court judge
shall have power within the county or city and county in which the
judge is elected or appointed, to take and certify:
1. The proof and acknowledgment of a conveyance of real property,
or of any other written instrument.
2. The acknowledgment of satisfaction of a judgment of any court.
3. An affidavit or deposition to be used in this state.
SEC. 49 Section 194 of the Code of Civil Procedure is amended to
read:
194. The following definitions govern the construction of this
chapter:
(a) "County" means any county or any coterminous city and county.
(b) "Court" means the a superior
and municipal courts court of this
state, and includes, when the context requires, any judge of the
court.
(c) "Deferred jurors" are those prospective jurors whose request
to reschedule their service to a more convenient time is granted by
the jury commissioner.
(d) "Excused jurors" are those prospective jurors who are excused
from service by the jury commissioner for valid reasons based on
statute, state or local court rules, and policies.
(e) "Juror pool" means the group of prospective qualified jurors
appearing for assignment to trial jury panels.
(f) "Jury of inquest" is a body of persons summoned from the
citizens before the sheriff, coroner, or other ministerial officers,
to inquire of particular facts.
(g) "Master list" means a list of names randomly selected from the
source lists.
(h) "Potential juror" means any person whose name appears on a
source list.
(i) "Prospective juror" means a juror whose name appears on the
master list.
(j) "Qualified juror" means a person who meets the statutory
qualifications for jury service.
(k) "Qualified juror list" means a list of qualified jurors.
(l) "Random" means that which occurs by mere chance indicating an
unplanned sequence of selection where each juror's name has
substantially equal probability of being selected.
(m) "Source list" means a list used as a source of potential
jurors.
(n) "Summons list" means a list of prospective or qualified jurors
who are summoned to appear or to be available for jury service.
(o) "Trial jurors" are those jurors sworn to try and determine by
verdict a question of fact.
(p) "Trial jury" means a body of persons selected from the
citizens of the area served by the court and sworn to try and
determine by verdict a question of fact.
(q) "Trial jury panel" means a group of prospective jurors
assigned to a courtroom for the purpose of voir dire.
SEC. 50. Section 195 of the Code of Civil Procedure is amended to
read:
195. (a) In each county, there shall be one jury commissioner who
shall be appointed by, and serve at the pleasure of, a majority of
the judges of the superior court. In any county where there is a
superior court administrator or executive officer, that person shall
serve as ex officio jury commissioner. The person so
appointed shall serve as jury commissioner for all trial courts
within the county. In any municipal court district in the county, a
majority of the judges may appoint the clerk/administrator to select
jurors for their court pursuant to this chapter. In any court
jurisdiction where any person other than a court administrator or
clerk/administrator is serving as jury commissioner on the effective
date of this section, that person shall continue to so serve at the
pleasure of a majority or the judges of the appointing court.
(b) Except where the superior court administrator or
executive officer serves as ex officio jury commissioner, the jury
commissioner's salary shall be set by joint action of the board of
supervisors and a majority of the superior court judges.
Any jury commissioner may, whenever the business of court requires,
and with the consent of the board of supervisors,
appoint deputy jury commissioners. Salaries and benefits of those
deputies shall be fixed in the same manner as salaries and benefits
of other court employees.
(c) The jury commissioner shall be primarily responsible for
managing the jury system under the general supervision of the court
in conformance with the purpose and scope of this act. He or she
shall have authority to establish policies and procedures necessary
to fulfill this responsibility.
SEC. 51. Section 198.5 of the Code of Civil Procedure is amended
to read:
198.5. (a) Except as provided in subdivision (b), in
counties where sessions of the superior court are held in cities
other than the county seat, the names for master jury lists and
qualified jury lists to serve in those cities may be selected from
the judicial district in which the city is located and, if the judges
of the court determine that it is necessary or advisable, from a
judicial district adjacent to a judicial district in which the city
is located.
(b) In a county in which there is no municipal court, if
If sessions of the superior court are held in a location
other than the county seat, the names for master jury lists and
qualified jury lists to serve in a session may be selected from the
area in which the session is held, pursuant to a local superior court
rule that (1) divides the county in a manner that
provides all qualified persons in the county an equal opportunity to
be considered for jury service and (2) gives each prospective
juror residing in the county an opportunity to elect to serve on a
jury with respect to a trial held anywhere in the county. Nothing in
this section precludes the court, in its discretion, from ordering a
countywide venire in the interest of justice .
SEC. 52. Section 199 of the Code of Civil Procedure is repealed.
199. In El Dorado County, trial jury venires for the superior
court shall be drawn from residents of the supervisorial district, or
a portion thereof, within which the court will sit for such trial
and from residents of such other immediately adjacent supervisorial
district, or portion thereof, as may be specified by local superior
court rules. Such venireman shall serve the court sitting in the
geographical portion of the county from which this section and such
court rules specify trial jury venires shall be drawn; provided that
such rules shall afford to each eligible resident of such county an
opportunity for selection as a trial jury venireman. Such court may,
in its discretion, order a countywide venire in the interest of
justice.
SEC. 53. Section 199.2 of the Code of Civil Procedure is repealed.
199.2. In Placer County prospective jurors residing in the Tahoe
Division of the Placer County Municipal Court, except as otherwise
provided in this section, shall only be included in trial court
venires for sessions of the superior court held within that division.
However, each prospective juror residing in the county shall be
given the opportunity to elect to serve on juries with respect to
trials held anywhere in the county in accordance with the rules of
the superior court, which shall afford to each eligible resident of
the county an opportunity for selection as a trial jury venireman.
Additionally, nothing in this section shall preclude the superior or
municipal court, in its discretion, from ordering a countywide venire
in the interest of justice.
SEC. 54. Section 199.3 of the Code of Civil Procedure is repealed.
199.3. In Nevada County, trial jury venires for the Truckee
Branch of the Superior Court shall be drawn from residents of the
Truckee Division of the Nevada County Municipal Court, except as
otherwise provided in this section. Prospective jurors residing in
the Truckee Division of Nevada County Municipal Court, except as
otherwise provided in this section, shall only be included in trial
court venires or sessions of the municipal and superior court held
within that division. However, each prospective juror residing in
the county shall be given the opportunity to elect to serve on juries
with respect to trials held anywhere in the county in accordance
with the rules of the superior and municipal court, which shall
afford to each eligible resident of the county an opportunity for
selection as a trial jury venireman. Additionally, nothing in this
section shall preclude the superior or municipal court, in its
discretion, from ordering a countywide venire in the interest of
justice.
SEC. 55. Section 199.5 of the Code of Civil Procedure is repealed.
199.5. In Santa Barbara County, trial jury venires for the
superior court shall be drawn from residents of the supervisorial
district within which the court will sit for that trial and from
residents of such other immediately adjacent supervisorial district,
or portion thereof, as may be specified by local superior court
rules. The venireman shall serve the court sitting in the
geographical portion of the county from which this section and such
court rules specify trial jury venires shall be drawn. However,
those rules shall afford to each eligible resident of such county an
opportunity for selection as a trial jury venireman. The court may,
in its discretion, order a countywide venire in the interest of
justice.
SEC. 56. Section 200 of the Code of Civil Procedure is repealed.
200. When authorized by local superior court rules, a municipal
court district pursuant to duly adopted court rule may use the same
juror pool as that summoned for use in the superior court. Persons
so selected for jury service in those municipal courts need not be
residents of the judicial district. In Los Angeles County, the
municipal courts shall use the same jury pool as that summoned for
use in the superior court.
SEC. 57. Section 201 of the Code of Civil Procedure is amended to
read:
201. In any county having two or more judges of the
superior court, or in any judicial district, or city and county, in
which a municipal court having two or more judges is established, a
In any superior court, a separate trial jury
panel may be drawn, summoned, and impaneled for each judge, or any
one panel may be drawn, summoned, and impaneled by any one of the
judges, for use in the trial of cases before any of the judges, as
occasion may require. In those counties or judicial
districts courts , when a panel of jurors is in
attendance for service before one or more of the judges, whether
impaneled for common use or not, the whole or any number of the
jurors from such panel may be required to attend and serve in the
trial of cases, or to complete a panel, or jury, before any other of
the judges.
SEC. 58. Section 215 of the Code of Civil Procedure is amended to
read:
215. (a) Beginning July 1, 2000, the fee for jurors in the
superior and municipal courts court ,
in civil and criminal cases, is fifteen dollars ($15) a day for each
day's attendance as a juror after the first day.
(b) Unless a higher rate of mileage is otherwise provided by
statute or by county or city and county ordinance, jurors in the
superior and municipal courts court
shall be reimbursed for mileage at the rate of fifteen cents ($0.15)
per mile for each mile actually traveled in attending court as a
juror, in going only.
SEC. 59. Section 217 of the Code of Civil Procedure is amended to
read:
217. In criminal cases only, while the jury is kept together,
either during the progress of the trial or after their retirement for
deliberation, the court may direct the sheriff or marshal to provide
the jury with suitable and sufficient food and lodging, or other
reasonable necessities. In the superior and municipal
courts, the The expenses incurred under
the provisions of this section shall be charged against
the county or city and county court
operations fund of the county in which the court is held. All
those expenses shall be paid on the order of the court.
SEC. 60. Section 234 of the Code of Civil Procedure is amended to
read:
234. Whenever, in the opinion of a judge of a superior
or municipal court about to try a civil or criminal action
or proceeding, the trial is likely to be a protracted one, or upon
stipulation of the parties, the court may cause an entry to that
effect to be made in the minutes of the court and thereupon,
immediately after the jury is impaneled and sworn, the court may
direct the calling of one or more additional jurors, in its
discretion, to be known as "alternate jurors."
These alternate jurors shall be drawn from the same source, and in
the same manner, and have the same qualifications, as the jurors
already sworn, and shall be subject to the same examination and
challenges. However, each side, or each defendant, as provided in
Section 231, shall be entitled to as many peremptory challenges to
the alternate jurors as there are alternate jurors called.
The alternate jurors shall be seated so as to have equal power and
facilities for seeing and hearing the proceedings in the case, and
shall take the same oath as the jurors already selected, and shall,
unless excused by the court, attend at all times upon the trial of
the cause in company with the other jurors, but shall not participate
in deliberation unless ordered by the court, and for a failure to do
so are liable to be punished for contempt.
They shall obey the orders of and be bound by the admonition of
the court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff or
marshal during the trial of the cause, the alternate jurors shall
also be kept in confinement with the other jurors; and upon final
submission of the case to the jury, the alternate jurors shall be
kept in the custody of the sheriff or marshal who shall not suffer
any communication to be made to them except by order of the court,
and shall not be discharged until the original jurors are discharged,
except as provided in this section.
If at any time, whether before or after the final submission of
the case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his or her
duty, or if a juror requests a discharge and good cause appears
therefor, the court may order the juror to be discharged and draw the
name of an alternate, who shall then take his or her place in the
jury box, and be subject to the same rules and regulations as though
he or she has been selected as one of the original jurors.
All laws relative to fees, expenses, and mileage or transportation
of jurors shall be applicable to alternate jurors, except that in
civil cases the sums for fees and mileage or transportation need not
be deposited until the judge directs alternate jurors to be
impaneled.
SEC. 61. Section 259 of the Code of Civil Procedure is amended to
read:
259. Subject to the supervision of the court, every court
commissioner shall have power to do all of the following:
(a) Hear and determine ex parte motions for orders and alternative
writs and writs of habeas corpus in the superior court for which the
court commissioner is appointed.
(b) Take proof and make and report findings thereon as to any
matter of fact upon which information is required by the court. Any
party to any contested proceeding may except to the report and the
subsequent order of the court made thereon within five days after
written notice of the court's action. A copy of the exceptions shall
be filed and served upon opposing party or counsel within the five
days. The party may argue any exceptions before the court on giving
notice of motion for that purpose within 10 days from entry thereof.
After a hearing before the court on the exceptions, the court may
sustain, or set aside, or modify its order.
(c) Take and approve any bonds and undertakings in actions or
proceedings, and determine objections to the bonds and undertakings.
(d) Administer oaths and affirmations, and take affidavits and
depositions in any action or proceeding in any of the courts of this
state, or in any matter or proceeding whatever, and take
acknowledgments and proof of deeds, mortgages, and other instruments
requiring proof or acknowledgment for any purpose under the laws of
this or any other state or country.
(e) Act as temporary judge when otherwise qualified so to act and
when appointed for that purpose , or by written consent of
an appearing party . While acting as temporary judge the
commissioner shall receive no compensation therefor other than
compensation as commissioner.
(f) Hear and report findings and conclusions to the court for
approval, rejection, or change, all preliminary matters including
motions or petitions for the custody and support of children, the
allowance of temporary spousal support, costs and attorneys' fees,
and issues of fact in contempt proceedings in proceedings for
support, dissolution of marriage, nullity of marriage, or legal
separation.
(g) Hear actions to establish paternity and to establish or
enforce child and spousal support pursuant to subdivision (a) of
Section 4251 of the Family Code.
(h) Hear, report on, and determine all uncontested actions and
proceedings subject to the requirements of subdivision (e).
(i) Charge and collect the same fees for the performance of
official acts as are allowed by law to notaries public in this state
for like services. This subdivision does not apply to any services
of the commissioner, the compensation for which is expressly fixed by
law. The fees so collected shall be paid to the treasurer of the
county, for deposit in the general fund of the county.
(j) Provide an official seal, upon which must be engraved the
words "Court Commissioner" and the name of the county, or city and
county, in which the commissioner resides is
appointed .
(k) Authenticate with the official seal the commissioner's
official acts.
SEC. 62. Section 269 of the Code of Civil Procedure is amended to
read:
269. (a) The official reporter of a superior court, or
any of them, where there are two or more, shall, at the request of
either party, or of the court in a civil case other than a limited
civil case, and on the order of the court, the district attorney, or
the attorney for the defendant in a felony case, An
official reporter or official reporter pro tempore of the superior
court shall take down in shorthand all testimony, objections
made, rulings of the court, exceptions taken, all
arraignments, pleas, and sentences of
defendants in felony cases , arguments of the
prosecuting attorney attorneys to the jury, and
all statements and remarks made and oral
instructions given by the judge. If directed
judge or other judicial officer, in the following cases:
(1) In a civil case, on the order of the court or at the request
of a party.
(2) In a felony case, on the order of the court or at the request
of the prosecution, the defendant, or the attorney for the defendant.
(3) In a misdemeanor or infraction case, on the order of the
court.
(b) Where a transcript is ordered by the court ,
or requested by either a
party, or where a nonparty requests a transcript that the
nonparty is entitled to receive, regardless of whether the nonparty
was permitted to attend the proceeding to be transcribed, the
official reporter or official reporter pro tempore shall,
within such a reasonable time after the
trial of the case as that the court
may designate designates , write the
transcripts out, or the specific portions thereof as may be
requested, in plain and legible longhand, or by typewriter, or other
printing machine, and certify that the transcripts were correctly
reported and transcribed, and when directed by the court, file the
transcripts with the clerk of the court.
(b)
(c) In any case where a defendant is convicted of a felony,
after a trial on the merits, the record on appeal shall be prepared
immediately after the verdict or finding of guilt is announced unless
the court determines that it is likely that no appeal from the
decision will be made. The court's determination of a likelihood of
appeal shall be based upon standards and rules adopted by the
Judicial Council.
(c) Any court, party, or person may request delivery of any
transcript in a computer-readable form, except that an original
transcript shall be on paper. A copy of the original transcript
ordered within 120 days of the filing or delivery of the transcript
by the official reporter shall be delivered in computer-readable form
upon request if the proceedings were produced utilizing
computer-aided transcription equipment. Except as modified by
standards adopted by the Judicial Council, the computer-readable
transcript shall be on disks in standard ASCII code unless otherwise
agreed by the reporter and the court, party, or person requesting the
transcript. Each disk shall be labeled with the case name and court
number, the dates of proceedings contained on the disk, and the page
and volume numbers of the data contained on the disk. Each disk as
produced by the court reporter shall contain the identical volume
divisions, pagination, line numbering, and text of the certified
original paper transcript or any portion thereof. Each disk shall be
sequentially numbered within the
series of disks.
SEC. 63. Section 271 is added to the Code of Civil Procedure, to
read:
271. (a) Any court, party, or other person entitled to a
transcript may request that it be delivered in a computer-readable
form, except that an original transcript shall be on paper. A copy of
the original transcript ordered within 120 days of the filing or
delivery of the transcript by the official reporter or official
reporter pro tempore shall be delivered in computer-readable form
upon request if the proceedings were produced utilizing
computer-aided transcription equipment.
(b) Except as modified by standards adopted by the Judicial
Council, the computer-readable transcript shall be on disks in
standard ASCII code unless otherwise agreed by the reporter and the
court, party, or other person requesting the transcript. Each disk
shall be labeled with the case name and court number, the dates of
proceedings contained on the disk, and the page and volume numbers of
the data contained on the disk. Except where modifications are
necessary to reflect corrections of a transcript, each disk as
produced by the official reporter shall contain the identical volume
divisions, pagination, line numbering, and text of the certified
original paper transcript or any portion thereof. Each disk shall be
sequentially numbered within the series of disks.
SEC. 64. Section 274a of the Code of Civil Procedure is amended to
read:
274a. Any judge of the superior court may have any opinion given
or rendered by the judge in the trial of a felony case or a
civil case other than a limited an unlimited
civil case, pending in that court, or any necessary order, petition,
citation, commitment or judgment in any probate proceeding,
proceeding concerning new or additional bonds of county officials or
juvenile court proceeding, or necessary order, petition,
citation, commitment, or oral testimony or judgment in any insanity
proceeding or proceedings relative to an alleged feebleminded person,
or the testimony or judgment relating to the custody or
support of minor children in any proceeding in which the custody or
support of minor children is involved, taken down in shorthand and
transcribed together with such copies as the court may deem necessary
by the official reporter or an official reporter pro tempore
of the court , but if there be no official reporter
for the court, then by any competent stenographer; the cost thereof
shall be a legal charge against the county, payable out of the county
treasury, except the fee for reporting and transcribing in any civil
action or proceeding or in any probate proceeding, in the manner set
forth in Sections 69947 to 69953, inclusive, of the Government Code
.
SEC. 65. Section 274c of the Code of Civil Procedure is repealed.
274c. Official reporters shall, at the request of either party or
of the court in a limited civil case, or on the order of the court
in a misdemeanor or infraction case, take down in shorthand all the
testimony, the objections made, the rulings of the court, the
exceptions taken, all arraignments, pleas and sentences of defendants
in criminal cases, the arguments of the prosecuting attorney to the
jury, and all statements and remarks made and oral instructions given
by the judge; and if directed by the court, or requested by either
party, must, within such reasonable time after the trial of the case
as the court may designate, write out the same, or such specific
portions thereof as may be requested, in plain and legible longhand,
or by typewriter, or other printing machine, and certify to the same
as being correctly reported and transcribed, and when directed by the
court, file the same with the clerk of the court.
SEC. 66. Section 392 of the Code of Civil Procedure is amended to
read:
392. (1) Subject to the power of the court to
transfer actions and proceedings as provided in this title, the
county in which the real property, that is the subject of the action,
or some part thereof, is situated, is the proper county for the
trial of the following actions:
(a) For the recovery of real property, or of an estate or interest
therein, or for the determination in any form, of that right or
interest, and for injuries to real property ;
.
(b) For the foreclosure of all liens and mortgages on real
property.
(2) The proper court for the trial of any such action, in the
county hereinabove designated as the proper county, shall be
determined as follows:
If there is a municipal court, having jurisdiction of the subject
matter of the action, established in the city and county or judicial
district in which the real property that is the subject of the
action, or some part thereof, is situated, that court is the proper
court for the trial of the action; otherwise any court in the county
having jurisdiction of the subject matter of the action, is a proper
court for the trial thereof.
SEC. 67. Section 393 of the Code of Civil Procedure is amended to
read:
393. (1) Subject to the power of the court to
transfer actions and proceedings as provided in this title, the
county in which the cause, or some part thereof, arose, is the proper
county for the trial of the following actions:
(a) For the recovery of a penalty or forfeiture imposed by
statute; except, that when it is imposed for an offense committed on
a lake, river, or other stream of water, situated in two or more
counties, the action may be tried in any county bordering on the
lake, river, or stream, and opposite to the place where the offense
was committed ; .
(b) Against a public officer or person especially appointed to
execute the duties of a public officer, for an act done by the
officer or person in virtue of the office; or against a person who,
by the officer's command or in the officer's aid, does anything
touching the duties of the officer.
(2) The proper court for the trial of any such action, in the
county hereinabove designated as the proper county, shall be
determined as follows:
If there is a municipal court having jurisdiction of the subject
matter of the action, established in the city and county or judicial
district in which the cause, or some part thereof, arose, that court
is the proper court for the trial of the action; otherwise, any court
in the county, having jurisdiction of the subject matter of the
action, is a proper court for the trial thereof. In the case of
offenses committed on a lake, river, or stream, hereinabove
mentioned, the court, having jurisdiction of the subject matter of
the action, nearest to the place where the offense was committed, in
any county mentioned in subdivision 1 of this section, is a proper
court for the trial of the action.
SEC. 68. Section 394 of the Code of Civil Procedure is amended to
read:
394. (a) An action or proceeding against a county, or city and
county, a city, or local agency, may be tried in such county, or city
and county, or the county in which such city or local agency is
situated, unless the action or proceeding is brought by a county, or
city and county, a city, or local agency, in which case it may be
tried in any county, or city and county, not a party thereto and in
which the city or local agency is not situated. Except for actions
initiated by the district attorney pursuant to Section 11350,
11350.1, 11475.1, or 11476.1 of the Welfare and Institutions Code,
any action or proceeding brought by a county, city and county, city,
or local agency within a certain county, or city and county, against
a resident of another county, city and county, or city, or a
corporation doing business in the latter, shall be, on motion of
either party, transferred for trial to a county, or city and county,
other than the plaintiff, if the plaintiff is a county, or city and
county, and other than that in which the plaintiff is situated, if
the plaintiff is a city, or a local agency, and other than that in
which the defendant resides, or is doing business, or is situated.
Whenever an action or proceeding is brought against a county, city
and county, city, or local agency, in any county, or city and county,
other than the defendant, if the defendant is a county, or city and
county, or, if the defendant is a city, or local agency, other than
that in which the defendant is situated, the action or proceeding
must be, on motion of the said defendant, transferred for trial to a
county, or city and county, other than that in which the plaintiff,
or any of the plaintiffs, resides, or is doing business, or is
situated, and other than the plaintiff county, or city and county, or
county in which such plaintiff city or local agency is situated, and
other than the defendant county, or city and county, or county in
which such defendant city or local agency is situated; provided,
however, that any action or proceeding against the city, county, city
and county, or local agency for injury occurring within the city,
county, or city and county, or within the county in which such local
agency is situated, to person or property or person and property
caused by the negligence or alleged negligence of such city, county,
city and county, local agency, or its agents or employees, shall be
tried in such county, or city and county, or if a city is a
defendant, in such city or in the county in which such city is
situated, or if a local agency is a defendant, in such county in
which such local agency is situated. In any such action or
proceeding, the parties thereto may, by stipulation in writing, or
made in open court, and entered in the minutes, agree upon any
county, or city and county, for the place of trial thereof. When the
action or proceeding is one in which a jury is not of right, or in
case a jury be waived, then in lieu of transferring the cause the
court in the original county may request the chairman of the Judicial
Council to assign a disinterested judge from a neutral county to
hear said cause and all proceedings in connection therewith. When
such action or proceeding is transferred to another county for trial,
a witness required to respond to a subpoena for a hearing within the
original county shall be compelled to attend hearings in the county
to which the cause is transferred. If the demand for transfer be
made by one party and the opposing party does not consent thereto the
additional costs of the nonconsenting party occasioned by the
transfer of the cause, including living and traveling expenses of
said nonconsenting party and material witnesses, found by the court
to be material, and called by such nonconsenting party, not to exceed
five dollars ($5) per day each in excess of witness fees and mileage
otherwise allowed by law, shall be assessed by the court hearing the
cause against the party requesting the transfer. To the extent of
such excess, such costs shall be awarded to the nonconsenting party
regardless of the outcome of the trial. This section shall apply to
actions or proceedings now pending or hereafter brought.
(b) Any court in a county hereinabove designated as a
proper county, which has jurisdiction of the subject matter of the
action or proceeding, is a proper court for the trial thereof.
(c) For the purposes of this section, "local agency"
shall mean any governmental district, board, or agency, or any other
local governmental body or corporation, but shall not include the
State of California or any of its agencies, departments, commissions,
or boards.
SEC. 69. Section 395 of the Code of Civil Procedure is amended to
read:
395. (a) Except as otherwise provided by law and subject to the
power of the court to transfer actions or proceedings as provided in
this title, the county in which the defendants or some of them reside
at the commencement of the action is the proper county for the trial
of the action. If the action is for injury to person or personal
property or for death from wrongful act or negligence, either the
county where the injury occurs or the injury causing death occurs or
the county in which the defendants, or some of them reside at the
commencement of the action, shall be a proper county for the trial of
the action. In a proceeding for dissolution of marriage, the county
in which either the petitioner or respondent has been a resident for
three months next preceding the commencement of the proceeding is
the proper county for the trial of the proceeding. In a proceeding
for nullity of marriage or legal separation of the parties, the
county in which either the petitioner or the respondent resides at
the commencement of the proceeding is the proper county for the trial
of the proceeding. In a proceeding to enforce an obligation of
support under Section 3900 of the Family Code, the county in which
the child resides is the proper county for the trial of the action.
In a proceeding to establish and enforce a foreign judgment or court
order for the support of a minor child, the county in which the child
resides is the proper county for the trial of the action. Subject
to subdivision (b), when a defendant has contracted to perform an
obligation in a particular county, either the county where the
obligation is to be performed or in which the contract in fact was
entered into or the county in which the defendant or any defendant
resides at the commencement of the action shall be a proper county
for the trial of an action founded on that obligation, and the county
in which the obligation is incurred shall be deemed to be the county
in which it is to be performed unless there is a special contract in
writing to the contrary. If none of the defendants reside in the
state or if residing in the state and the county in which they reside
is unknown to the plaintiff, the action may be tried in any county
that the plaintiff may designate in his or her complaint, and, if the
defendant is about to depart from the state, the action may be tried
in any county where either of the parties reside or service is made.
If any person is improperly joined as a defendant or has been made
a defendant solely for the purpose of having the action tried in the
county or judicial district where he or she
resides, his or her residence shall not be considered in determining
the proper place for the trial of the action.
(b) Subject to the power of the court to transfer actions or
proceedings as provided in this title, in an action arising from an
offer or provision of goods, services, loans or extensions of credit
intended primarily for personal, family or household use, other than
an obligation described in Section 1812.10 or Section 2984.4 of the
Civil Code, or an action arising from a transaction consummated as a
proximate result of either an unsolicited telephone call made by a
seller engaged in the business of consummating transactions of that
kind or a telephone call or electronic transmission made by the buyer
or lessee in response to a solicitation by the seller, the county in
which the buyer or lessee in fact signed the contract, the county in
which the buyer or lessee resided at the time the contract was
entered into, or the county in which the buyer or lessee resides at
the commencement of the action is the proper county for the trial
thereof.
(c) If within the county there is a municipal court
having jurisdiction of the subject matter established, in the cases
mentioned in subdivision (a), in the judicial district in which the
defendant or any defendant resides, in which the injury to person or
personal property or the injury causing death occurs, or, in which
the obligation was contracted to be performed or, in cases mentioned
in subdivision (b), in the judicial district in which the buyer or
lessee resides, in which the buyer or lessee in fact signed the
contract, in which the buyer or lessee resided at the time the
contract was entered into, or in which the buyer or lessee resides
at the commencement of the action, then that court is the proper
court for the trial of the action. Otherwise, any court in the county
having jurisdiction of the subject matter is a proper court for the
trial thereof.
(d) Any provision of an obligation described in
subdivision (b) or (c) waiving those
subdivisions that subdivision is void and
unenforceable.
SEC. 70. Section 396 of the Code of Civil Procedure is amended to
read:
396. If an action or proceeding is commenced in a court that
lacks jurisdiction of the subject matter thereof, as determined by
the complaint or petition, if there is a court of this state that has
subject matter jurisdiction, the action or proceeding shall not be
dismissed (except as provided in Section 399, and subdivision 1 of
Section 581) but shall, on the application of either party, or on the
court's own motion, be transferred to a court having jurisdiction of
the subject matter that may be agreed upon by the parties, or, if
they do not agree, to a court having subject matter jurisdiction that
is designated by law as a proper court for the trial or
determination thereof, and it shall thereupon be entered and
prosecuted in the court to which it is transferred as if it had been
commenced therein, all prior proceedings being saved. In any such
case, if summons is served prior to the filing of the action or
proceeding in the court to which it is transferred, as to any
defendant, so served, who has not appeared in the action or
proceeding, the time to answer or otherwise plead shall date from
service upon that defendant of written notice of filing of the action
or proceeding in the court to which it is transferred.
If an action or proceeding is commenced in or transferred to a
court that has jurisdiction of the subject matter thereof as
determined by the complaint or petition, and it thereafter appears
from the verified pleadings, or at the trial, or hearing, that the
determination of the action or proceeding, or of a cross-complaint,
will necessarily involve the determination of questions not within
the jurisdiction of the court, in which the action or proceeding is
pending, the court, whenever that lack of jurisdiction appears, must
suspend all further proceedings therein and transfer the action or
proceeding and certify the pleadings (or if the pleadings be oral, a
transcript of the same), and all papers and proceedings therein to a
court having jurisdiction thereof that may be agreed upon by the
parties, or, if they do not agree, to a court having subject matter
jurisdiction that is designated by law as a proper court for the
trial or determination thereof.
An action or proceeding that is transferred under the provisions
of this section shall be deemed to have been commenced at the time
the complaint or petition was filed in the court from which it was
originally transferred.
Nothing herein shall be construed to preclude or affect the right
to amend the pleadings as provided in this code.
Nothing herein shall be construed to require the superior court to
transfer any action or proceeding because the judgment to be
rendered, as determined at the trial or hearing, is one that might
have been rendered by a municipal court in the same county or city
and county.
In any case where the lack of jurisdiction is due solely to an
excess in the amount of the demand, the excess may be remitted and
the action may continue in the court where it is pending.
Upon the making of an order for transfer, proceedings shall be had
as provided in Section 399 of this code, the costs and fees thereof,
and of filing the case in the court to which transferred, to be paid
by the party filing the pleading in which the question outside the
jurisdiction of the court appears unless the court ordering the
transfer shall otherwise direct.
SEC. 71. Section 402 of the Code of Civil Procedure is repealed.
402. The presiding judge of a municipal court district may order,
for the convenience of the court, that any case pending trial be
transferred to a contiguous municipal court district in the same
county if the presiding judge in the district to which the case is
proposed to be transferred consents to the transfer and notice
thereof is given to the parties or their attorneys at least 10 days
in advance of the date fixed for trial.
No fees shall be charged for the transfer of any case pursuant to
this section.
SEC. 72. Section 402.5 of the Code of Civil Procedure is repealed.
402.5. The superior court in a county in which there is no
municipal court may transfer a limited civil case to another branch
or location of the superior court in the same county.
SEC. 73. Section 403 of the Code of Civil Procedure is amended to
read:
403. A judge may, on motion, transfer an action or actions from
another court to that judge's court for coordination with an action
involving a common question of fact or law within the meaning of
Section 404. The motion shall be supported by a declaration stating
facts showing that the actions meet the standards specified in
Section 404.1, are not complex as defined by the Judicial Council and
that the moving party has made a good faith effort to obtain
agreement to the transfer from all parties to each action. Notice of
the motion shall be served on all parties to each action and on each
court in which an action is pending. Any party to that action may
file papers opposing the motion within the time permitted by rule of
the Judicial Council. The court to which a case is transferred may
order the cases consolidated for trial pursuant to Section 1048
without any further motion or hearing.
If the cases are pending in different courts of the same county,
the judge who grants the motion to transfer may also order the cases
consolidated for trial in the receiving court.
The Judicial Council may adopt rules to implement this section,
including rules prescribing procedures for preventing duplicative or
conflicting transfer orders issued by different courts.
SEC. 74. Section 403.010 of the Code of Civil Procedure is amended
to read:
403.010. (a) This chapter applies in a county in which
there is no municipal court.
(b) Nothing in this chapter expands or limits the law on
whether a plaintiff, cross-complainant, or petitioner may file an
amended complaint or other amended initial pleading. Nothing in this
chapter expands or limits the law on whether, and to what extent, an
amendment relates back to the date of filing the original complaint
or other initial pleading.
SEC. 75. Section 404 of the Code of Civil Procedure is amended to
read:
404. When civil actions sharing a common question of fact or law
are pending in different courts, a petition for coordination may be
submitted to the Chairperson of the Judicial Council, by the
presiding judge of any such court, or by any party to one of the
actions after obtaining permission from the presiding judge, or by
all of the parties plaintiff or defendant in any such action. A
petition for coordination, or a motion for permission to submit a
petition, shall be supported by a declaration stating facts showing
that the actions are complex, as defined by the Judicial Council and
that the actions meet the standards specified in Section 404.1. On
receipt of a petition for coordination, the Chairperson of the
Judicial Council may assign a judge to determine whether the actions
are complex, and if so, whether coordination of the actions is
appropriate, or the Chairperson of the Judicial Council may authorize
the presiding judge of a court to assign the matter to judicial
officers of the court to make the determination in the same manner as
assignments are made in other civil cases.
Notwithstanding any other provision of law, when civil actions
sharing a common question of fact or law are pending in a superior
court and in a municipal court of the same county, the superior court
may, on the motion of any party supported by an affidavit stating
facts showing that the actions meet the standards specified in
Section 404.1, order transfer from the municipal court and
consolidation of the actions in the superior court.
SEC. 76. Section 404.3 of the Code of Civil Procedure is amended
to read:
404.3. (a) A judge assigned pursuant to
Section 404 who determines that coordination is appropriate shall
order the actions coordinated, report that fact to the Chairperson of
the Judicial Council, and the Chairperson of the Judicial Council
shall either assign a judge to hear and determine the actions in the
site or sites the assigned judge finds appropriate or authorize the
presiding judge of a court to assign the matter to judicial officers
of the court in the same manner as assignments are made in other
civil cases.
(b) When an action pending in a superior court is sought to be
coordinated with an action pending in a municipal court located in
the same county, the presiding judge of the superior court may, as an
alternative to coordination, order the municipal court action
transferred to the superior court and consolidated with the superior
court action.
SEC. 77. Section 404.9 of the Code of Civil Procedure is amended
to read:
404.9. Any duties of the presiding judge specified in this
chapter may be delegated by the presiding judge to another judge of
the court. The term "presiding judge," as used in this
chapter, includes the sole judge of a court having only one judge.
Notwithstanding any other provision of law, the Judicial Council
shall provide by rule the practice and procedure for the transfer or
coordination of civil actions in convenient courts under this
chapter, including provision for giving notice and presenting
evidence.
SEC. 78. Section 422.30 of the Code of Civil Procedure is
amended to read:
422.30. (a) Every pleading shall contain a caption setting forth:
(1) The name of the court and county , and, in municipal
courts, the name of the judicial district, in which the
action is brought.
(2) The title of the action.
(b) In a limited civil case in a county in which there is
no municipal court , the caption shall state that the case
is a limited civil case, and the clerk shall classify the case
accordingly.
SEC. 79. Section 575 of the Code of Civil Procedure is amended to
read:
575. The Judicial Council may promulgate rules governing pretrial
conferences, and the time, manner and nature thereof, in civil cases
at issue, or in one or more classes thereof, in the superior
and municipal courts.
SEC. 80. Section 575.1 of the Code of Civil Procedure is amended
to read:
575.1. (a) The presiding judge of each superior and
municipal court may prepare, with the assistance of
appropriate committees of the court, proposed local rules designed to
expedite and facilitate the business of the court. The rules need
not be limited to those actions on the civil active list, but may
provide for the supervision and judicial management of actions from
the date they are filed. Rules prepared pursuant to this section
shall be submitted for consideration to the judges of the court and,
upon approval by a majority of the judges, the judges shall have the
proposed rules published and submitted to the local bar and others,
as specified by the Judicial Council, for consideration and
recommendations.
(b) After a majority of the judges have officially adopted the
rules, 61 copies or a greater number as specified by Judicial Council
rule, or an electronic copy, shall be filed with the
Judicial Council as required by Section 68071 of the Government Code.
The Judicial Council shall deposit , by electronic or other
means, a copy of each rule and amendment with each county law
library or county clerk where it shall be made
clerk of the superior court, which shall make a hard copy
available for public examination. The local rules shall also be
published for general distribution in accordance with rules adopted
by the Judicial Council. Each court shall make its local rules
available for inspection and copying in every location of the court
that generally accepts filing of papers. The court may impose a
reasonable charge for copying the rules and may impose a reasonable
page limit on copying. The rules shall be accompanied by a notice
indicating where a full set of the rules may be purchased.
(c) If a judge of a court adopts a rule that applies solely to
cases in that judge's courtroom, or a particular branch or district
of a court adopts a rule that applies solely to cases in that
particular branch or district of a court, the court shall publish
these rules as part of the general publication of rules required by
the California Rules of Court. The court shall organize the rules so
that rules on a common subject, whether individual, branch,
district, or courtwide appear sequentially. Individual judges' rules
and branch and district rules are local rules of court for purposes
of this section and for purposes of the adoption, publication,
comment, and filing requirements set forth in the Judicial Council
rules applicable to local court rules.
SEC. 81. Section 594 of the Code of Civil Procedure is amended to
read:
594. (a) In superior and municipal courts
either party may bring an issue to trial or to a hearing, and, in the
absence of the adverse party, unless the court, for good cause,
otherwise directs, may proceed with the case and take a dismissal of
the action, or a verdict, or judgment, as the case may require;
provided, however, if the issue to be tried is an issue of fact,
proof shall first be made to the satisfaction of the court that the
adverse party has had 15 days' notice of such trial or five days'
notice of the trial in an unlawful detainer action as specified in
subdivision (b). If the adverse party has served notice of trial
upon the party seeking the dismissal, verdict, or judgment at least
five days prior to the trial, the adverse party shall be deemed to
have had notice.
(b) The notice to the adverse party required by subdivision (a)
shall be served by mail on all the parties by the clerk of the court
not less than 20 days prior to the date set for trial. In an
unlawful detainer action where notice is served by mail that service
shall be mailed not less than 10 days prior to the date set for
trial. If notice is not served by the clerk as required by this
subdivision, it may be served by mail by any party on the adverse
party not less than 15 days prior to the date set for trial, and in
an unlawful detainer action where notice is served by mail that
service shall be mailed not less than 10 days prior to the date set
for trial. The time provisions of Section 1013 shall not serve to
extend the notice of trial requirements under this subdivision for
unlawful detainer actions. If notice is served by the clerk, proof
thereof may be made by introduction into evidence of the clerk's
certificate pursuant to subdivision (3) of Section 1013a or other
competent evidence. If notice is served by a party, proof may be
made by introduction into evidence of an affidavit or certificate
pursuant to subdivision (1) or (2) of Section 1013a or other
competent evidence. The provisions of this subdivision are
exclusive.
SEC. 82. Section 628 of the Code of Civil Procedure is amended to
read:
628. In superior and municipal courts upon
receipt of a verdict, an entry must be made in the minutes of the
court, specifying the time of trial, the names of the jurors and
witnesses, and setting out the verdict at length; and where a special
verdict is found, either the judgment rendered thereon, or if the
case be reserved for argument or further consideration, the order
thus reserving it.
SEC. 83. Section 632 of the Code of Civil Procedure is amended to
read:
632. In superior and municipal courts, upon
the trial of a question of fact by the court, written findings of
fact and conclusions of law shall not be required. The court shall
issue a statement of decision explaining the factual and legal basis
for its decision as to each of the principal controverted issues at
trial upon the request of any party appearing at the trial. The
request must be made within 10 days after the court announces a
tentative decision unless the trial is concluded within one calendar
day or in less than eight hours over more than one day in which event
the request must be made prior to the submission of the matter for
decision. The request for a statement of decision shall specify
those controverted issues as to which the party is requesting a
statement of decision. After a party has requested the statement,
any party may make proposals as to the content of the statement of
decision.
The statement of decision shall be in writing, unless the parties
appearing at trial agree otherwise; however, when the trial is
concluded within one calendar day or in less than 8 hours over more
than one day, the statement of decision may be made orally on the
record in the presence of the parties.
SEC. 84. Section 655 of the Code of Civil Procedure is repealed.
655. The provisions of this article apply to superior or
municipal courts.
SEC. 85. Section 668 of the Code of Civil Procedure is amended to
read:
668. Except as provided in Section 668.5, the clerk of the
superior court and municipal court , must keep,
with the records of the court, a book called the "judgment book," in
which judgments must be entered.
SEC. 86. Section 670 of the Code of Civil Procedure is amended to
read:
670. In superior and municipal courts the
following papers, without being attached together, shall constitute
the judgment roll:
(a) In case the complaint is not answered by any defendant, the
summons, with the affidavit or proof of service; the complaint; the
request for entry of default with a memorandum indorsed thereon that
the default of the defendant in not answering was entered, and a copy
of the judgment; if defendant has appeared by demurrer, and the
demurrer has been overruled, then notice of the overruling thereof
served on defendant's attorney, together with proof of the service;
and in case the service so made is by publication, the affidavit for
publication of summons, and the order directing the publication of
summons.
(b) In all other cases, the pleadings, all orders striking out any
pleading in whole or in part, a copy of the verdict of the jury, the
statement of decision of the court, or finding of the referee, and a
copy of any order made on demurrer, or relating to a change of
parties, and a copy of the judgment; if there are two or more
defendants in the action, and any one of them has allowed judgment to
pass against him or her by default, the summons, with proof of its
service, on the defendant, and if the service on the defaulting
defendant be by publication, then the affidavit for publication, and
the order directing the publication of the summons.
SEC. 87. Section 701.530 of the Code of Civil Procedure is amended
to read:
701.530. (a) Notice of sale of personal property shall be in
writing, shall state the date, time, and place of sale, and shall
describe the property to be sold.
(b) Not less than 10 days before a sale of personal property,
notice of sale shall be posted and served on the judgment debtor by
the levying officer. Service shall be made personally or by mail.
(c) Posting under this section shall be in three public places in:
(1) The city in which the property is to be sold if it is to be
sold in a city.
(2) The judicial district county in
which the property is to be sold if it is not to be sold in a city.
(d) A sale of personal property of an individual may not take
place until the expiration of the time during which the judgment
debtor may make a claim of exemption under subdivision (a) of Section
703.520.
SEC. 88. Section 701.540 of the Code of Civil Procedure is amended
to read:
701.540. (a) Notice of sale of an interest in real property shall
be in writing, shall state the date, time, and place of sale, shall
describe the interest to be sold, and shall give a legal description
of the real property and its street address or other common
designation, if any. If the real property has no street address or
other common designation, the notice of sale shall include a
statement that directions to its location may be obtained from the
levying officer upon oral or written request or, in the discretion of
the levying officer, the notice of sale may contain directions to
its location. Directions are sufficient if information as to the
location of the real property is given by reference to the direction
and approximate distance from the nearest crossroads, frontage road,
or access road. If an accurate legal description of the real
property is given, the validity of the notice and sale is not
affected by the fact that the street address or other common
designation, or directions to its location, are erroneous or omitted.
(b) Not less than 20 days before the date of sale, notice of sale
of an interest in real property shall be served, mailed, and posted
by the levying officer as provided in subdivisions (c), (d), (e), and
(f).
(c) Notice of sale shall be served on the judgment debtor.
Service shall be made personally or by mail.
(d) Notice of sale shall be posted in the following places:
(1) One public place in the city in which the interest in the real
property is to be sold if it is to be sold in a city or, if not to
be sold in a city, one public place in the judicial district
county in which the interest in the real
property is to be sold.
(2) A conspicuous place on the real property.
(e) At the time notice is posted pursuant to paragraph (2) of
subdivision (d), notice of sale shall be served or service shall be
attempted on one occupant of the real property. Service on the
occupant shall be made by leaving the notice with the occupant
personally or, in the occupant's absence, with any person of suitable
age and discretion found upon the real property at the time service
is attempted who is either an employee or agent of the occupant or a
member of the occupant's household. If the levying officer is
unable to serve such an occupant at the time service is attempted,
the levying officer is not required to make any further attempts to
serve an occupant.
(f) If the property described in the notice of sale consists of
more than one distinct lot, parcel, or governmental subdivision and
any of the lots, parcels, or governmental subdivisions lies with
relation to any of the others so as to form one or more continuous,
unbroken tracts, only one service pursuant to subdivision (e) and
posting pursuant to paragraph (2) of subdivision (d) need be made as
to each continuous, unbroken tract.
(g) Notice of sale shall be published pursuant to Section 6063 of
the Government Code, with the first publication at least 20 days
prior to the time of sale, in a newspaper of general circulation
published in the city in which the real property or a part thereof is
situated if any part thereof is situated in a city or, if not, in a
newspaper of general circulation published in the judicial district
in which the real property or a part thereof is situated. If no
newspaper of general circulation is published in the city or judicial
district, notice of sale shall be published in a newspaper of
general circulation in the county in which the real property or a
part thereof is situated.
(h) Not earlier than 30 days after the date of levy, the judgment
creditor shall determine the names of all persons having liens on the
real property on the date of levy that are of record in the office
of the county recorder and shall instruct the levying officer to mail
notice of sale to each such person at the address used by the county
recorder for the return of the instrument creating the person's lien
after recording. The levying officer shall mail notice to each such
person, at the address given in the instructions, not less than 20
days before the date of sale.
SEC. 89. Section 904.1 of the Code of Civil Procedure is amended
to read:
904.1. (a) An appeal , other than in a limited civil
case, in an unlimited civil case is to the court
of appeal. An appeal , other than in a limited civil case,
in an unlimited civil case may be taken from
any of the following:
(1) From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), (B) a judgment of
contempt that is made final and conclusive by Section 1222, or (C) a
judgment granting or denying a petition for issuance of a writ of
mandamus or prohibition directed to a municipal court or the superior
court in a county in which there is no municipal court or the judge
or judges thereof that relates to a matter pending in the municipal
or superior court. However, an appellate court may, in its
discretion, review a judgment granting or denying a petition for
issuance of a writ of mandamus or prohibition, or a judgment or order
for the payment of monetary sanctions, upon petition for an
extraordinary writ.
(2) From an order made after a judgment made appealable by
paragraph (1).
(3) From an order granting a motion to quash service of summons or
granting a motion to stay or dismiss the action on the ground of
inconvenient forum.
(4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
(5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
(6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
(7) From an order appointing a receiver.
(8) From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property from
a mortgage thereof, or a lien thereon, determining the right to
redeem and directing an accounting.
(9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
(10) From an order made appealable by the provisions of the
Probate Code or the Family Code.
(11) From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount exceeds
five thousand dollars ($5,000).
(12) From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five thousand
dollars ($5,000).
(13) From an order granting or denying a special motion to strike
under Section 425.16.
(b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ.
SEC. 90. Section 904.5 of the Code of Civil Procedure is amended
to read:
904.5. Appeals from the small claims division of a
municipal or superior court shall be governed by the Small
Claims Act (Chapter 5.5 (commencing with Section 116.110) of Title 1
of Part 1).
SEC. 91. Section 1052 of the Code of Civil Procedure is repealed.
1052. The clerk of a municipal court may keep among the records
of the court a register of civil actions in which shall be entered
the title of the action commenced in that court, with brief notes
under it, from time to time, of all papers filed and proceedings had
therein.
SEC. 92. Section 1052.5 of the Code of Civil Procedure is
repealed.
1052.5. In lieu of maintaining a register of actions as described
in Section 1052, the clerk of the municipal court may maintain a
register of actions by means of photographing, microphotographing, or
mechanically or electronically storing the whole content of all
papers and records, or any portion thereof, as will constitute a
memorandum, necessary to the keeping of a register of actions so long
as the completeness and chronological sequence of the register are
not disturbed.
All such reproductions shall be placed in convenient, accessible
files, and provision shall be made for preserving, examining, and
using them.
Any photograph, microphotograph, or photocopy that is made
pursuant to this section shall be made in such manner and on such
paper as will comply with the minimum standards of quality approved
therefor by the National Bureau of Standards.
SEC. 93. Section 1060 of the Code of Civil Procedure is amended to
read:
1060. Any person interested under a written instrument, excluding
a will or a trust, or under a contract, or who desires a declaration
of his or her rights or duties with respect to another, or in
respect to, in, over or upon property, or with respect to the
location of the natural channel of a watercourse, may, in cases of
actual controversy relating to the legal rights and duties of the
respective parties, bring an original action or cross-complaint in
the superior court or in the municipal court to the extent
allowed pursuant to Article 1 (commencing with Section 85) of Chapter
5.1 of Title 1 of Part 1 for a declaration of his or her
rights and duties in the premises, including a determination of any
question of construction or validity arising under the instrument or
contract. He or she may ask for a declaration of rights or duties,
either alone or with other relief; and the court may make a binding
declaration of these rights or duties, whether or not further relief
is or could be claimed at the time. The declaration may be either
affirmative or negative in form and effect, and the declaration shall
have the force of a final judgment. The declaration may be had
before there has been any breach of the obligation in respect to
which said declaration is sought.
SEC. 94. Section 1068 of the Code of Civil Procedure is amended to
read:
1068. (a) A writ of review may be granted by any court ,
except a municipal court, when an inferior tribunal,
board, or officer, exercising judicial functions, has exceeded the
jurisdiction of such tribunal, board, or officer, and there is no
appeal, nor, in the judgment of the court, any plain, speedy, and
adequate remedy.
(b) The appellate division of the superior court may grant a writ
of review directed to the superior court in a limited civil case or
in a misdemeanor or infraction case. Where the appellate division
grants a writ of review directed to the superior court, the superior
court is an inferior tribunal for purposes of this chapter.
SEC. 95. Section 1085 of the Code of Civil Procedure is amended to
read:
1085. (a) A writ of mandate may be issued by any court ,
except a municipal court, to any inferior tribunal,
corporation, board, or person, to compel the performance of an act
which the law specially enjoins, as a duty resulting from an office,
trust, or station, or to compel the admission of a party to the use
and enjoyment of a right or office to which the party is entitled,
and from which the party is unlawfully precluded by such inferior
tribunal, corporation, board, or person.
(b) The appellate division of the superior court may grant a writ
of mandate directed to the superior court in a limited civil case or
in a misdemeanor or infraction case. Where the appellate division
grants a writ of review directed to the superior court, the superior
court is an inferior tribunal for purposes of this chapter.
SEC. 96. Section 1103 of the Code of Civil Procedure is amended to
read:
1103. (a) A writ of prohibition may be issued by any court
, except municipal courts, to an inferior tribunal
or to a corporation, board, or person, in all cases where there is
not a plain, speedy, and adequate remedy in the ordinary course of
law. It is issued upon the verified petition of the person
beneficially interested.
(b) The appellate division of the superior court may grant a writ
of prohibition directed to the superior court in a limited civil case
or in a misdemeanor or infraction case. Where the appellate
division grants a writ of review directed to the superior court, the
superior court is an inferior tribunal for purposes of this chapter.
SEC. 97. Section 1132 of the Code of Civil Procedure is amended to
read:
1132. (a) A judgment by confession may be entered without action
either for money due or to become due, or to secure any person
against contingent liability on behalf of the defendant, or both, in
the manner prescribed by this chapter. Such judgment may be entered
in any superior court having jurisdiction for
like amounts .
(b) A judgment by confession shall be entered only if an attorney
independently representing the defendant signs a certificate that
the attorney has examined the proposed judgment and has advised the
defendant with respect to the waiver of rights and defenses under the
confession of judgment procedure and has advised the defendant to
utilize the confession of judgment procedure. The certificate shall
be filed with the filing of the statement required by Section 1133.
SEC. 98. Section 1141.11 of the Code of Civil Procedure is amended
to read:
1141.11. (a) In each superior court with 10 or more
judges, or 18 or more judges in a county in which
there is no municipal court , all at-issue civil actions
pending on or filed after the operative date of this chapter, other
than a limited civil case, shall be submitted to arbitration, by the
presiding judge or the judge designated, under this chapter if the
amount in controversy in the opinion of the court will not exceed
fifty thousand dollars ($50,000) for each plaintiff, which decision
shall not be appealable.
(b) In each superior court with less than 10 judges, or
fewer than 18 judges in a county in which there is
no municipal court , the court may provide by local rule,
when it determines that it is in the best interests of justice, that
all at-issue civil actions pending on or filed after the operative
date of this chapter, shall be submitted to arbitration by the
presiding judge or the judge designated under this chapter if the
amount in controversy in the opinion of the court will not exceed
fifty thousand dollars ($50,000) for each plaintiff, which decision
shall not be appealable.
(c) Each municipal court, or superior court
in a county in which there is no municipal court,
may provide by local rule, when it is determined to be in the best
interests of justice, that all at-issue limited civil cases pending
on or filed after the operative date of this chapter, shall be
submitted to arbitration by the presiding judge or the judge
designated under this chapter. This section does not apply to any
action in small claims court, or to any action maintained pursuant to
Section 1781 of the Civil Code or Section 1161 of this code.
(d) In each court that has adopted judicial arbitration pursuant
to subdivision (c), all limited civil cases pending on or after July
1, 1990, that involve a claim for money damages against a single
defendant as a result of a motor vehicle collision, except those
heard in the small claims division, shall be submitted to arbitration
within 120 days of the filing of the defendant's answer to the
complaint (except as may be extended by the court for good cause)
before an arbitrator selected by the court, subject to
disqualification for cause as specified in Sections 170.1 and 170.6.
The court may provide by local rule for the voluntary or mandatory
use of case questionnaires, established under Section 93, in any
proceeding subject to these provisions. Where local rules provide
for the use of case questionnaires, the questionnaires shall be
exchanged by the parties upon the defendant's answer and completed
and returned within 60 days.
For the purposes of this subdivision, the term "single defendant"
means (1) an individual defendant, whether a person or an entity, (2)
two or more persons covered by the same insurance policy applicable
to the motor vehicle
collision, or (3) two or more persons residing in the same household
when no insurance policy exists that is applicable to the motor
vehicle collision. The naming of one or more cross-defendants, not a
plaintiff, shall constitute a multiple-defendant case not subject to
the provisions of this subdivision.
(e) No local rule of a superior court providing for judicial
arbitration may dispense with the conference required pursuant to
Section 1141.16.
SEC. 99. Section 1141.12 of the Code of Civil Procedure is amended
to read:
1141.12. (a) In each superior court in which arbitration
may be had is required pursuant to subdivision
(a) or (b) of Section 1141.11, or pursuant to
a local rule adopted under subdivision (b) of Section 1141.11,
upon stipulation of the parties, any at-issue civil actions shall be
submitted to arbitration regardless of the amount in controversy.
(b) In all other superior and municipal courts,
the Judicial Council shall provide by rule for a uniform system of
arbitration of the following causes:
(i) Any cause upon stipulation of the parties.
(ii) Upon filing of an election by the plaintiff, any cause in
which the plaintiff agrees that the arbitration award shall not
exceed the amount in controversy as specified in Section 1141.11.
(c) Any election by a plaintiff shall be filed no sooner than the
filing of the at-issue memorandum, and no later than 90 days before
trial, or at a later time if permitted by the court.
SEC. 100. Section 1141.29 of the Code of Civil Procedure is
repealed.
1141.29. The Judicial Council shall, by rule, require each
superior and municipal court subject to the provisions of this
chapter to file with it such data as will enable it to provide, on or
before January 1, 1984, a report to the Governor and the Legislature
which shall serve as a comprehensive review of the effectiveness of
this chapter, and which shall include recommendations for future
action.
The Judicial Council, in consultation with the Department of
Finance and the Auditor General, shall include in its study an
estimate of the potential costs or savings, if any, should the
program be continued beyond the life of the act.
SEC. 101. Section 1161.2 of the Code of Civil Procedure is amended
to read:
1161.2. (a) Except as provided in subdivision (g), in any case
filed under this chapter as a limited civil case, the court clerk
shall not allow access to the court file, index, register of actions,
or other court records until 60 days following the date the
complaint is filed, except pursuant to an ex parte court order upon a
showing of good cause therefor by any person including, but not
limited to, a newspaper publisher. However, the clerk of the court
shall allow access to the court file to a party in the action, an
attorney of a party in the action, or any other person who (1)
provides to the clerk the names of at least one plaintiff, one
defendant, and the address, including the apartment, unit, or space
number, if applicable, of the subject premises, or (2) provides to
the clerk the name of one of the parties or the case number and can
establish through proper identification that he or she resides at the
subject premises.
(b) For purposes of this section, "good cause" includes, but is
not limited to, the gathering of newsworthy facts by a person
described in Section 1070 of the Evidence Code. It is the intent of
the Legislature that a simple procedure be established to request the
ex parte order described in subdivision (a).
(c) Except as provided in subdivision (g), upon the filing of any
case so restricted, the court clerk shall mail notice to each
defendant named in the action. The notice shall be mailed to the
address provided in the complaint. The notice shall contain a
statement that an unlawful detainer complaint (eviction action) has
been filed naming that party as a defendant, and that access to the
court file will be delayed for 60 days except to a party, an attorney
for one of the parties, or any other person who (1) provides to the
clerk the names of at least one plaintiff and one defendant in the
action and provides to the clerk the address, including any
applicable apartment, unit, or space number, of the subject premises,
or (2) provides to the clerk the name of one of the parties in the
action or the case number and can establish through proper
identification that he or she lives at the subject premises. The
notice shall also contain a statement that access to the court index,
register of actions, or other records is not permitted until 60 days
after the complaint is filed, except pursuant to an ex parte order
upon a showing of good cause therefor. The notice shall contain on
its face the name and phone number of the county bar association and
the name and phone number of an office funded by the federal Legal
Services Corporation that provides legal services to low-income
persons in the county in which the action is filed. The notice shall
state that these numbers may be called for legal advice regarding
the case. The notice shall be issued between 24 and 48 hours of the
filing of the complaint, excluding weekends and holidays. One copy
of the notice shall be addressed to "all occupants" and mailed
separately to the subject premises. The notice shall not constitute
service of the summons and complaint.
(d) Notwithstanding any other provision of law, the court shall
charge an additional fee of four dollars ($4) for filing a first
appearance by the plaintiff. This fee shall be included as part of
the total filing fee for actions filed under this chapter.
(e) A municipal court or the superior court
in a county in which there is no municipal court ,
after consultation with local associations of rental property
owners, tenant groups, and providers of legal services to tenants,
may exempt itself from the operation of this section upon a finding
that unscrupulous eviction defense services are not a substantial
problem in the judicial district county
. The court shall review the finding every 12 months. An exempt
court shall not charge the additional fee authorized in subdivision
(d).
(f) The Judicial Council shall examine the extent to which
requests for access to files pursuant to an ex parte order under
subdivision (a) are granted or denied, and if denied, the reason for
the denial of access.
(g) This section shall not apply to a case that seeks to terminate
a mobilehome park tenancy if the statement of the character of the
proceeding in the caption of the complaint clearly indicates that the
complaint seeks termination of a mobilehome park tenancy.
SEC. 102. Section 1208.5 of the Code of Civil Procedure is amended
to read:
1208.5. Any person having a lien upon any animal or animals under
the provisions of Section 597a or 597f of the Penal Code may satisfy
such lien as follows: If such lien is not discharged and satisfied,
by the person responsible, within three days after the obligation
becomes due, then the person holding such lien may resort to the
proper court to satisfy the claim; or he may
, three days after the charges against the property become due,
may sell the property, or an undivided fraction
thereof as may become necessary, to defray the amount due and costs
of sale, by giving three days' notice of the sale by advertising in
some newspaper published in the county, or city and county, in which
the lien has attached to the property; or, if there is no paper
published in the county, then by posting notices of the sale in three
of the most public places in the town or judicial district
county for three days previous to the sale. The
notices shall contain an accurate description of the property to be
sold, together with the terms of sale, which must be for cash,
payable on the consummation of the sale. The proceeds of the sale
shall be applied to the discharge of the lien and the costs of sale;
the remainder, if any, shall be paid over to the owner, if known, and
if not known shall be paid into the treasury of the humane society
of the county, or city and county, wherein the sale takes place; if
no humane society exists in the county, then the remainder shall be
paid into the county treasury.
SEC. 103. Section 1281.5 of the Code of Civil Procedure is amended
to read:
1281.5. (a) Any person who proceeds to record and enforce a claim
of lien by commencement of an action pursuant to Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code, shall not thereby waive any right of arbitration which that
person may have pursuant to a written agreement to arbitrate, if, in
filing an action to enforce the claim of lien, the claimant at the
same time presents to the court an application that the action be
stayed pending the arbitration of any issue, question, or dispute
which is claimed to be arbitrable under the agreement and which is
relevant to the action to enforce the claim of lien. In a
county in which there is a municipal court, the applicant may join
with the application for the stay, pending arbitration, a claim of
lien otherwise within the jurisdiction of the municipal court.
(b) The failure of a defendant to file a petition pursuant to
Section 1281.2 at or before the time he or she answers the complaint
filed pursuant to subdivision (a) shall constitute a waiver of that
party's right to compel arbitration.
SEC. 104. Section 1420 of the Code of Civil Procedure is amended
to read:
1420. At any time after two years after the death of any decedent
who leaves property to which the State is entitled by reason of it
having escheated to the State, the Attorney General shall commence a
proceeding on behalf of the State in the Superior Court for the
County of Sacramento to have it adjudged that the State is so
entitled. Such action shall be commenced by filing a petition, which
shall be treated as the information elsewhere referred to in this
title.
There shall be set forth in such petition a description of the
property, the name of the person last possessed thereof, the name of
the person, if any, claiming such property, or portion thereof, and
the facts and circumstances by virtue of which it is claimed the
property has escheated.
Upon the filing of such petition, the court must make an order
requiring all persons interested in the estate to appear and show
cause, if any they have, within 60 days from the date of the order,
why such estate should not vest in the State. Such order must be
published at least once a week for four consecutive weeks in a
newspaper published in said County of Sacramento, the last
publication to be at least 10 days prior to the date set for the
hearing. Upon the completion of the publication of such order, the
court shall have full and complete jurisdiction over the estate, the
property, and the person of everyone having or claiming any interest
in the said property, and shall have full and complete jurisdiction
to hear and determine the issues therein, and render the appropriate
judgment thereon.
If proceedings for the administration of such estate have been
instituted, a copy of such order must be filed with the papers in
such estate in the office of the county clerk where such
proceedings were had . If proceedings for the
administration of any estate of any such decedent have been
instituted and none of the persons entitled to succeed thereto have
appeared and made claim to such property or any portion thereof,
before the decree of final distribution therein is made, or before
the commencement of such proceeding by the Attorney General, or if
the court shall find that such persons as have appeared are not
entitled to the property of such estate, or any portion thereof, the
court shall, upon final settlement of the proceedings for the
administration of such estate, after the payment of all debts and
expenses of administration, distribute all moneys and other property
remaining to the State of California.
In any proceeding brought by the Attorney General under this
chapter, any two or more parties and any two or more causes of action
may be joined in the same proceedings and in the same petition
without being separately stated; and it shall be sufficient to allege
in the petition that the decedent left no heirs to take the estate
and the failure of heirs to appear and set up their claims in any
such proceeding, or in any proceedings for the administration of such
estate, shall be sufficient proof upon which to base the judgment in
any such proceeding or such decree of distribution.
Where proceedings for the administration of any estate have not
been commenced within six months from the death of any decedent the
Attorney General may direct the public administrator to commence the
same forthwith.
SEC. 105. Section 1607 of the Code of Civil Procedure is amended
to read:
1607. When a report is received from the Comptroller General or
other proper officer of the United States, the Controller shall
prepare and forward a copy thereof to the county
clerk of the superior court of each county within this
State and the said clerk shall post such copy at the courthouse for a
period of 60 days. Any person asserting an interest in property
mentioned in the report may elect to claim against the United States
under the laws of the United States, in which event and within 90
days following the date of initial posting by the county clerk such
person shall notify the State Controller of
his the asserted interest and intention
to so claim. The Controller shall omit such property from any claim
by the State until such time as the asserted interest may be finally
determined against the claimant. Such interest shall not thereafter
be asserted against the State.
SEC. 106. Section 1609 of the Code of Civil Procedure is amended
to read:
1609. Within 120 days following the date of initial posting by
the county clerk, the Attorney General shall
commence a proceeding by filing a petition to determine the State's
right to custody of all property mentioned in such report and
unclaimed within the time and in the manner provided by Section 1607.
The proceeding shall be commenced and heard in the superior court
in the County of Sacramento and venue shall not be affected by the
provisions of Section 401, Code of Civil Procedure.
The petition shall name as respondents all persons known to have
been interested and "all persons unknown claiming any title or
interest in or to the property described or referred to in the
petition." If the records of the United States fail to disclose with
reasonable certainty the identity or number of owners or claimants
of specific funds or other personal property, or the extent of their
interests therein, such persons may be designated and described as a
class, to wit, as "all unknown owners or claimants to the funds or
property mentioned in or affected by ____," and, as the case may be,
the petition shall identify and set forth the court actions or
proceedings to the credit of which such funds or other property are
held, or the accounts or other identifying references under which
they are carried upon the records of the United States. The petition
shall describe or refer to the property, and may include one or more
items, as the Attorney General may be advised, without prejudice to
his right to commence subsequent proceedings relating to other items
not included. The petition shall also state the name of the owner and
his last address as known or as presumed under this chapter, and
shall set forth the facts and circumstances by virtue of which it is
claimed that such funds or property are subject to custody by the
State. Any number of respondents may be joined whether they reside
in the same or different counties, and any number of causes of action
may be joined and need not be separately stated.
SEC. 107. Section 1710.20 of the Code of Civil Procedure is
amended to read:
1710.20. (a) In a county in which there is a municipal
court, the application shall be filed in a municipal court in all
cases in which the sister state judgment amounts to twenty-five
thousand dollars ($25,000) or less. The An
application for entry of a judgment based on a sister state
judgment shall be filed in a superior court in all
other cases .
(b) Subject to the power of the court to transfer proceedings
under this chapter pursuant to Title 4 (commencing with Section 392)
of Part 2, the proper county for the filing of an application is any
of the following:
(1) The county in which any judgment debtor resides.
(2) If no judgment debtor is a resident, any county in this state.
(c) A case in which the sister state judgment amounts to
twenty-five thousand dollars ($25,000) or less is a limited civil
case.
SEC. 108. Section 1775.1 of the Code of Civil Procedure is amended
to read:
1775.1. (a) As used in this title :
(1) "Court" means a superior court or municipal court.
(2) "Mediation" , "mediation" means a process
in which a neutral person or persons facilitate communication
between the disputants to assist them in reaching a mutually
acceptable agreement.
(b) Unless otherwise specified in this title or ordered by the
court, any act to be performed by a party may also be performed by
his or her counsel of record.
SEC. 109. Section 2015.3 of the Code of Civil Procedure is amended
to read:
2015.3. The certificate of a sheriff, marshal, or the clerk of
the superior or municipal court, has the same
force and effect as his or her affidavit.
SEC. 110. Section 420 of the Corporations Code is amended to read:
420. Neither a domestic nor foreign corporation nor its transfer
agent or registrar is liable:
(a) For transferring or causing to be transferred on the books of
the corporation to the surviving joint tenant or tenants any share or
shares or other securities issued to two or more persons in joint
tenancy, whether or not the transfer is made with actual or
constructive knowledge of the existence of any understanding,
agreement, condition or evidence that the shares or securities were
held other than in joint tenancy or of a breach of trust by any joint
tenant.
(b) To a minor or incompetent person in whose name shares or other
securities are of record on its books or to any transferee of or
transferor to either for transferring the shares or other securities
on its books at the instance of or to the minor or incompetent or for
the recognition of or dealing with the minor or incompetent as a
shareholder or security holder, whether or not the corporation,
transfer agent or registrar had notice, actual or constructive, of
the nonage or incompetency, unless a guardian or conservator of the
property of the minor or incompetent has been appointed and the
corporation, transfer agent or registrar has received written notice
thereof.
(c) To any married person or to any transferee of such person for
transferring shares or other securities on its books at the instance
of the person in whose name they are registered, without the
signature of such person's spouse and regardless of whether the
registration indicates that the shares or other securities are
community property, in the same manner as if such person were
unmarried.
(d) For transferring or causing to be transferred on the books of
the corporation shares or other securities pursuant to a judgment or
order of a court which has been set aside, modified or reversed
unless, prior to the registration of the transfer on the books of the
corporation, written notice is served upon the corporation or its
transfer agent in the manner provided by law for the service of a
summons in a civil action, stating that an appeal or other further
court proceeding has been or is to be taken from or with regard to
such judgment or order. After the service of such notice neither the
corporation nor its transfer agent has any duty to register the
requested transfer until the corporation or its transfer agent has
received a certificate of the county clerk of the county
clerk of the court in which the judgment or
order was entered or made, showing that the judgment or order has
become final.
(e) The Commercial Code shall not affect the limitations of
liability set forth in this section. Section 1100 of the Family Code
shall be subject to the provisions of this section and shall not be
construed to prevent transfers, or result in liability to the
corporation, transfer agent or registrar permitting or effecting
transfers, which comply with this section.
SEC. 111. Section 48295 of the Education Code is amended to read:
48295. Any judge of a municipal the
superior court, in the judicial district
county in which the school district is located, or in
which the offense is committed, or judge of the superior
court in a county in which there is no municipal court, has
jurisdiction of offenses committed under this article. A juvenile
court has jurisdiction of a violation of Section 48293 as provided by
Section 601.4 of the Welfare and Institutions Code.
SEC. 112. Section 69763.1 of the Education Code is amended to
read:
69763.1. (a) If a borrower defaults on a guaranteed student loan
and the lender's default claim has been paid, the Student Aid
Commission shall fulfill the collection efforts required by federal
law, which includes initiating a civil suit against the borrower for
repayment of the loan.
(b) After the period specified in federal law for commencing
action, the amount of the promissory note, plus interest and costs,
may be collected by the filing of a certificate requesting judgment
pursuant to subdivision (c) or by other appropriate civil action.
(c) If the loan principal, interest, and predefault and collection
costs are not paid when due, and there is evidence that the borrower
does not intend to pay under the terms of the promissory note or
promissory notes, the commission may file in the office of the
County Clerk of the Superior Court of
Sacramento County, or any other county, a certificate specifying the
amount of the loan principal, interest, and predefault and collection
costs due, the name and last known address of the individual liable
for the amount due, the fact that the commission has complied with
all applicable state and federal laws in the computation of the
amount due, and a request that judgment be entered against the
individual in the amount of the loan principal, interest, and
predefault and collection costs specified in the certificate.
(d) Prior to the filing of the certificate, the commission shall,
by mail, notify the individual of the amount that is due and of the
opportunity for a hearing. If a hearing is requested, 10 days'
notice shall be given of the time and place of the hearing, which
shall be held in Sacramento County or, if properly requested, the
county of residence of the person requesting the hearing. The
hearing shall be conducted by a referee who shall submit findings and
recommendations to the director of the commission, or an authorized
representative, who shall decide the matter. The decision shall be
effective upon notice to the interested parties. The director of the
commission, or the authorized representative, may rescind the
decision and reconsider the matter for good cause shown at any time
within three years after the date the disputed loan first became due,
or within one year from the hearing, whichever is later. If no
hearing is requested within 15 days after mailing the notice required
by this subdivision, the certificate required by subdivision (b) may
be filed.
SEC. 113. Section 69763.2 of the Education Code is amended to
read:
69763.2. (a) The county clerk, immediately
upon the filing of the certificate specified in Section 69763.1,
shall enter a judgment for the people of the State of California
against the individual in the amount of the loan principal, interest,
and predefault and collection costs listed on the certificate. The
county clerk may file the judgment in the book
entitled "California Student Aid Commission Judgments."
(b) Execution shall issue upon the judgment specified in
subdivision (a) upon request of the Student Aid Commission in the
same manner as execution may issue upon other judgments as prescribed
in the Code of Civil Procedure.
(c) At least 10 days before executing any writ to collect, the
commission shall send notice of the intent to execute upon a writ to
the borrower and to any cosigners, by certified mail, to the most
recent addresses maintained in the files of the commission. Any
person receiving the notice of the intent to execute upon a writ may
request a hearing to contest the existence or the amount of the writ.
At the request of the individual, the commission shall conduct a
hearing pursuant to Section 69763.1, at which it shall be determined
whether the loan principal, interest, and predefault and collection
costs in the amount claimed by the commission are due and whether the
individual named on the certificate is liable for the amount. If no
hearing is requested, the execution shall be commenced for the
garnishment of wages, the attachment of property, or other legal
collection action.
SEC. 114. Section 13.5 of the Elections Code is amended to read:
13.5. (a) (1) Notwithstanding subdivision (a) of Section 13, no
person shall be considered a legally qualified candidate for any of
the offices set forth in subdivision (b) unless that person has filed
a declaration of candidacy, nomination papers, or statement of
write-in candidacy, accompanied by documentation, including, but not
necessarily limited to, certificates, declarations under penalty of
perjury, diplomas, or official correspondence, sufficient to
establish, in the determination of the official with whom the
declaration or statement is filed, that the person meets each
qualification established for service in that office by the provision
referenced in subdivision (b).
(2) The provision of "documentation," for purposes of compliance
with the requirements of paragraph (1), may include the submission of
either an original, as defined in Section 255 of the Evidence Code,
or a duplicate, as defined in Section 260 of the Evidence Code.
(b) This section shall be applicable to the following offices and
qualifications therefor:
(1) For the office of county auditor, the
qualifications set forth in Sections 26945 and 26946 of the
Government Code.
(2) For the office of county district attorney, the qualifications
set forth in Sections 24001 and 24002 of the Government Code.
(3) For the office of county sheriff, the qualifications set forth
in Section 24004.3 of the Government Code.
(4) For the office of county superintendent of schools, the
qualifications set forth in Sections 1205 to 1208, inclusive, of the
Education Code.
(5) For the office of judge of the municipal court, the
qualifications set forth in Article 4 (commencing with Section 71140)
of Chapter 6 of Title 8 of the Government Code.
(6) For the office of judge of the superior court, the
qualifications set forth in Section 15 of Article VI of the
California Constitution.
(7)
(6) For the office of county treasurer, county tax
collector, or county treasurer-tax collector, the qualifications set
forth in Section 27000.7 of the Government Code, provided that the
board of supervisors has adopted the provisions of that section
pursuant to Section 27000.6 of the Government Code.
SEC. 115. Section 325 of the Elections Code is repealed.
325. "Judicial district" includes a municipal court district.
SEC. 116. Section 327 of the Elections Code is amended to read:
327. "Judicial officer" means any Justice of the Supreme Court,
justice of a court of appeal, or judge of the superior
court , or judge of a municipal court .
SEC. 117. Section 2212 of the Elections Code is amended to read:
2212. (a) As used in this section, "county clerk" does
not include "registrar of voters."
(b) The county clerk, on the basis of the records of courts in the
county having jurisdiction of those offenses The
clerk of the superior court of each county, on the basis of the
records of the court , shall furnish to the chief elections
official of the county, not less frequently than the first day of
April and the first day of September of each year, a statement
showing the names, addresses, and dates of birth of all persons who
have been convicted of felonies since the county
clerk's last report , and who are currently imprisoned
. The elections official shall, during the first week of
April and the first week of September in each year, cancel the
affidavits of registration of those persons who are currently
imprisoned or on parole for the conviction of a felony. The
county clerk shall certify the statement under the seal of
his or her office the court .
SEC. 118. Section 8203 of the Elections Code is amended to read:
8203. In any county or any judicial district
in which only the incumbent has filed nomination papers for the
office of superior court judge or municipal court judge
, his or her name shall not appear on the ballot unless
there is filed with the elections official, within 10 days after the
final date for filing nomination papers for the office, a petition
indicating that a write-in campaign will be conducted for the office
and signed by 100 registered voters qualified to vote with respect to
the office.
If a petition indicating that a write-in campaign will be
conducted for the office at the general election, signed by 100
registered voters qualified to vote with respect to the office, is
filed with the elections official not less than 83 days before the
general election, the name of the incumbent shall be placed on the
general election ballot if it has not appeared on the direct primary
election ballot.
If, in conformity with this section, the name of the incumbent
does not appear either on the primary ballot or general election
ballot, the elections official, on the day of the general election,
shall declare the incumbent reelected. Certificates of election
specified in Section 15401 or 15504 shall not be issued to a person
reelected pursuant to this section before the day of the general
election.
SEC. 119. Section 11221 of the Elections Code is amended to read:
11221. The number of qualified signatures required in order to
qualify a recall for the ballot shall be as follows:
(a) In the case of an officer of a city, county, school district,
community college district, county board of education, or resident
voting district, the number of signatures shall be equal in number to
not less than the following percent of the registered voters in the
electoral jurisdiction:
(1) Thirty percent if the registration is less than 1,000.
(2) Twenty-five percent if the registration is less than 10,000
but at least 1,000.
(3) Twenty percent if the registration is less than 50,000 but at
least 10,000.
(4) Fifteen percent if the registration is less than 100,000 but
at least 50,000.
(5) Ten percent if the registration is 100,000 or above.
(b) For purposes of this section, the number of registered voters
shall be calculated as of the time of the last report of registration
by the county elections official to the Secretary of State pursuant
to Section 2187, and prior to the finding by the elections official
or Secretary of State that no alterations are required in the form of
the recall petition pursuant to Section 11042.
(c) (1) In the case of a state officer, including judges of courts
of appeal and trial courts, the number of signatures shall be as
provided for in subdivision (b) of Section 14 of Article II of the
California Constitution. In the case of a judge of a superior
or municipal court, which office has never
appeared on the ballot since its creation, or did not appear on the
ballot at its last election pursuant to Section 8203, the number of
signatures shall be as provided in subdivision (b) of Section 14 of
Article II of the California Constitution, except that the percentage
shall be based on the number of votes cast within the judicial
jurisdiction for the countywide office which had the least number of
votes in the most recent general election in the county in which the
judge holds his or her office.
(2) For purposes of this subdivision, "countywide office" means an
elective office wholly within the county which is voted on
throughout the county.
(d) In the case of a landowner voting district, signatures of
voters owning at least 10 percent of the assessed value of land
within the electoral jurisdiction of the officer sought to be
recalled.
SEC. 120. Section 13107 of the Elections Code is amended to read:
13107. (a) With the exception of candidates for Justice of the
State Supreme Court or court of appeal, immediately under the name of
each candidate, and not separated from the name by any line, may
appear at the option of the candidate only one of the following
designations:
(1) Words designating the elective city, county, district, state,
or federal office which the candidate holds at the time of filing the
nomination documents to which he or she was elected by vote of the
people, or to which he or she was appointed, in the case of a
superior or municipal court judge.
(2) The word "incumbent" if the candidate is a candidate for the
same office which he or she holds at the time of filing the
nomination papers, and was elected to that office by a vote of the
people, or, in the case of a superior or municipal
court judge, was appointed to that office.
(3) No more than three words designating either the current
principal professions, vocations, or occupations of the candidate, or
the principal professions, vocations, or occupations of the
candidate during the calendar year immediately preceding the filing
of nomination documents. For purposes of this section, all
California geographical names shall be considered to be one word.
Hyphenated words that appear in any generally available standard
reference dictionary, published in the United States at any time
within the 10 calendar years immediately preceding the election for
which the words are counted, shall be considered as one word. Each
part of all other hyphenated words shall be counted as a separate
word.
(4) The phrase "appointed incumbent" if the candidate holds an
office other than a judicial office by virtue of appointment, and the
candidate is a candidate for election to the same office, or, if the
candidate is a candidate for election to the same office or to some
other office, the word "appointed" and the title of the office. In
either instance, the candidate may not use the unmodified word
"incumbent" or any words designating the office unmodified by the
word "appointed." However, the phrase "appointed incumbent" shall
not be required of a candidate who seeks reelection to an office
which he or she holds and to which he or she was appointed, as a
nominated candidate, in lieu of an election, pursuant to Sections
5326 and 5328 of the Education Code or Section 7228, 7423, 7673,
10229, or 10515 of this code.
(b) Neither the Secretary of State nor any other election official
shall accept a designation of which any of the following would be
true:
(1) It would mislead the voter.
(2) It would suggest an evaluation of a candidate, such as
outstanding, leading, expert, virtuous, or eminent.
(3) It abbreviates the word "retired" or places it following any
word or words which it modifies.
(4) It uses a word or prefix, such as "former" or "ex-," which
means a prior status. The only exception is the use of the word
"retired."
(5) It uses the name of any political party, whether or not it has
qualified for the ballot.
(6) It uses a word or words referring to a racial, religious, or
ethnic group.
(7) It refers to any activity prohibited by law.
(c) If, upon checking the nomination documents, the election
official finds the designation to be in violation of any of the
restrictions set forth in this section, the election official shall
notify the candidate by registered or certified mail return receipt
requested, addressed to the mailing address appearing on the
candidate's nomination documents.
(1) The candidate shall, within three days from the date of
receipt of the notice, appear before the election officer or, in the
case of the Secretary of State, notify the Secretary of State by
telephone, and provide an alternate designation.
(2) In the event the candidate fails to provide an alternate
designation, no designation shall appear after the candidate's name.
(d) No designation given by a candidate shall be changed by the
candidate after the final date for filing nomination documents,
except as specifically requested by the elections official as
specified in subdivision (c) or as provided in subdivision (e).
(e) The designation shall remain the same for all purposes of both
primary and general elections, unless the candidate, at least 98
days prior to the general election, requests in writing a different
designation which the candidate is entitled to use at the time of the
request.
(f) In all cases, words so used shall be printed in 8-point roman
uppercase and lowercase type except that, if the designation selected
is so long that it would conflict with the space requirements of
Sections 13207 and 13211, the elections official shall use a type
size for the designation for each candidate for that office
sufficiently smaller to meet these requirements.
(g) Whenever a foreign language translation of a candidate's
designation is required under the Voting Rights Act of 1965 (42
U.S.C.A. Sec. 1971), as amended, to appear on the ballot in addition
to the English language version, it shall be as short as possible, as
consistent as is practicable with this section, and shall employ
abbreviations and initials wherever possible in order to avoid undue
length.
SEC. 121. Section 13109 of the Elections Code is amended to read:
13109. The order of precedence of offices on the ballot shall be
as listed below for those offices and measures that apply to the
election for which this ballot is provided. Beginning in the column
to the left:
(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
Nominees of the qualified political parties and independent
nominees for President and Vice President.
(b) Under the heading, PRESIDENT OF THE UNITED STATES:
(1) Names of the presidential candidates to whom the delegates are
pledged.
(2) Names of the chairpersons of unpledged delegations.
(c) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(d) Under the heading, UNITED STATES SENATOR:
Candidates or nominees to the United States Senate.
(e) Under the heading, UNITED STATES REPRESENTATIVE:
Candidates or nominees to the House of Representatives of the
United States.
(f) Under the heading, STATE SENATOR:
Candidates or nominees to the State Senate.
(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:
Candidates or nominees to the Assembly.
(h) Under the heading, COUNTY COMMITTEE:
Members of the County Central Committee.
(i) Under the heading, JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Justice, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(5) Judge of the Superior Court.
(6) Judge of the Municipal Court.
(7) Marshal.
(j) Under the heading, SCHOOL:
(1) Superintendent of Public Instruction.
(2) County Superintendent of Schools.
(3) County Board of Education Members.
(4) College District Governing Board Members.
(5) Unified District Governing Board Members.
(6) High School District Governing Board Members.
(7) Elementary District Governing Board Members.
(k) Under the heading, COUNTY:
(1) County Supervisor.
(2) Other offices in alphabetical order by the title of the
office.
(l) Under the heading, CITY:
(1) Mayor.
(2) Member, City Council.
(3) Other offices in alphabetical order by the title of the
office.
(m) Under the heading, DISTRICT:
Directors or trustees for each district in alphabetical order
according to the name of the district.
(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the
appropriate heading from subdivisions (a) through (m), above, ballot
measures in the order, state through district shown above, and within
each jurisdiction, in the order prescribed by the official
certifying them for the ballot.
(o) In order to allow for the most efficient use of space on the
ballot in counties that use a voting system, as defined in Section
362, the county elections official may vary the order of subdivisions
(j), (k), (l), (m), and (n) as well as the order of offices within
these subdivisions. However, the office of Superintendent of Public
Instruction shall always precede any school, county, or city office,
and state measures shall always precede local measures.
SEC. 122. Section 13111 of the Elections Code is amended to read:
13111. Candidates for each office shall be printed on the ballot
in accordance with the following rules:
(a) The names of presidential candidates to whom candidates for
delegate to the national convention are pledged, and the names of
chairpersons of groups of candidates for delegate expressing no
preference, shall be arranged on the primary election ballot by the
Secretary of State by the names of the candidates in accordance with
the randomized alphabet as provided for in Section 13112 in the case
of the ballots for the First Assembly District. Thereafter, for each
succeeding Assembly district, the name appearing first in the last
preceding Assembly district shall be placed last, the order of the
other names remaining unchanged.
(b) The names of the pairs of candidates for President and Vice
President shall be arranged on the general election ballot by the
Secretary of State by the names of the candidates for President in
accordance with the randomized alphabet as provided for in Section
13112 in the case of the ballots for the First Assembly District.
Thereafter, for each succeeding Assembly district, the pair appearing
first in the last preceding Assembly district shall be placed last,
the order of the other pairs remaining unchanged.
(c) In the case of all other offices, the candidates for which are
to be voted on throughout the state, the Secretary of State shall
arrange the names of the candidates for the office in accordance with
the randomized alphabet as provided for in Section 13112 for the
First Assembly District. Thereafter, for each succeeding Assembly
district, the name appearing first in the last preceding Assembly
district shall be placed last, the order of the other names remaining
unchanged.
(d) If the office is that of Representative in Congress or member
of the State Board of Equalization, the Secretary of State shall
arrange the names of candidates for the office in accordance with the
randomized alphabet as provided for in Section 13112 for that
Assembly district that has the lowest number of all the Assembly
districts in which candidates are to be voted on. Thereafter, for
each succeeding Assembly district in which the candidates are to be
voted on, the names appearing first in the last preceding Assembly
district shall be placed last, the order of the other names remaining
unchanged.
(e) If the office is that of State Senator or Member of the
Assembly, the county elections official shall arrange the names of
the candidates for the office in accordance with the randomized
alphabet as provided for in Section 13112, unless the district
encompasses more than one county, in which case the arrangement shall
be made pursuant to subdivision (i).
(f) If the office is to be voted upon wholly within, but not
throughout, one county, as in the case of municipal, district, county
supervisor, municipal court, and county central
committee offices, the official responsible for conducting the
election shall determine the order of names in accordance with the
randomized alphabet as provided for in Section 13112.
(g) If the office is to be voted on throughout a single county,
and there are not more than four Assembly districts wholly or partly
in the county, the county elections official shall determine the
order of names in accordance with the randomized alphabet as provided
for in Section 13112 for the first supervisorial district.
Thereafter, for each succeeding supervisorial district, the name
appearing first for each office in the last preceding supervisorial
district shall be placed last, the order of the other names remaining
unchanged.
(h) If there are five or more Assembly districts wholly or partly
in the county, an identical procedure shall be followed, except that
rotation shall be by Assembly district, commencing with the Assembly
district which has the lowest number.
(i) Except as provided in subdivision (d) of Section 13112, if the
office is that of State Senator or Member of the Assembly, and the
district includes more than one county, the county elections official
in each county shall conduct a drawing of the letters of the
alphabet, pursuant to the same procedures specified in Section 13112.
The results of the drawing shall be known as a county randomized
ballot and shall be used only to arrange the names of the candidates
when the district includes more than one county.
(j) If the office is that of Justice of the California Supreme
Court or a Court of Appeal, the appropriate elections officials shall
arrange the names of the candidates for the office in accordance
with the randomized alphabet as provided for in Section 13112.
However, the names of the judicial candidates shall not be rotated
among the applicable districts.
SEC. 123. Section 300 of the Evidence Code is amended to read:
300. Except as otherwise provided by statute, this code applies
in every action before the Supreme Court or a court of appeal
, superior court, or municipal or superior
court, including proceedings in such actions conducted by a
referee, court commissioner, or similar officer, but does not apply
in grand jury proceedings.
SEC. 124. Section 452.5 of the Evidence Code is amended to read:
452.5. (a) The official acts and records specified in
subdivisions (c) and (d) of Section 452 include any
computer-generated official court records, as specified by the
Judicial Council which relate to criminal convictions, when the
record is certified by a clerk of the municipal or
superior court pursuant to Section 69844.5 or 71280.5
of the Government Code at the time of computer entry.
(b) An official record of conviction certified in accordance with
subdivision (a) of Section 1530 is admissible pursuant to Section
1280 to prove the commission, attempted commission, or solicitation
of a criminal offense, prior conviction, service of a prison term, or
other act, condition, or event recorded by the record.
SEC. 125. Section 1061 of the Evidence Code is amended to read:
1061. (a) For purposes of this section, and Sections 1062 and
1063:
(1) "Trade secret" means "trade secret," as defined in subdivision
(d) of Section 3426.1 of the Civil Code, or paragraph (9) of
subdivision (a) of Section 499c of the Penal Code.
(2) "Article" means "article," as defined in paragraph (2) of
subdivision (a) of Section 499c of the Penal Code.
(b) In addition to Section 1062, the following procedure shall
apply whenever the owner of a trade secret wishes to assert his or
her trade secret privilege, as provided in Section 1060, during a
criminal proceeding:
(1) The owner of the trade secret shall file a motion for a
protective order, or the People may file the motion on the owner's
behalf and with the owner's permission. The motion shall include an
affidavit based upon personal knowledge listing the affiant's
qualifications to give an opinion concerning the trade secret at
issue, identifying, without revealing, the alleged trade secret and
articles which disclose the secret, and presenting evidence that the
secret qualifies as a trade secret under either subdivision (d) of
Section 3426.1 of the Civil Code or paragraph (9) of subdivision (a)
of Section 499c of the Penal Code. The motion and affidavit shall be
served on all parties in the proceeding.
(2) Any party in the proceeding may oppose the request for the
protective order by submitting affidavits based upon the affiant's
personal knowledge. The affidavits shall be filed under seal, but
shall be provided to the owner of the trade secret and to all parties
in the proceeding. Neither the owner of the trade secret nor any
party in the proceeding may disclose the affidavit to persons other
than to counsel of record without prior court approval.
(3) The movant shall, by a preponderance of the evidence, show
that the issuance of a protective order is proper. The court may
rule on the request without holding an evidentiary hearing. However,
in its discretion, the court may choose to hold an in camera
evidentiary hearing concerning disputed articles with only the owner
of the trade secret, the People's representative, the defendant, and
defendant's counsel present. If the court holds such a hearing, the
parties' right to examine witnesses shall not be used to obtain
discovery, but shall be directed solely toward the question of
whether the alleged trade secret qualifies for protection.
(4) If the court finds that a trade secret may be disclosed during
any criminal proceeding unless a protective order is issued and that
the issuance of a protective order would not conceal a fraud or work
an injustice, the court shall issue a protective order limiting the
use and dissemination of the trade secret, including, but not limited
to, articles disclosing that secret. The protective order may, in
the court's discretion, include the following provisions:
(A) That the trade secret may be disseminated only to counsel for
the parties, including their associate attorneys, paralegals, and
investigators, and to law enforcement officials or clerical
officials.
(B) That the defendant may view the secret only in the presence of
his or her counsel, or if not in the presence of his or her counsel,
at counsel's offices.
(C) That any party seeking to show the trade secret, or articles
containing the trade secret, to any person not designated by the
protective order shall first obtain court approval to do so:
(i) The court may require that the person receiving the trade
secret do so only in the presence of counsel for the party requesting
approval.
(ii) The court may require the person receiving the trade secret
to sign a copy of the protective order and to agree to be bound by
its terms. The order may include a provision recognizing the owner
of the trade secret to be a third-party beneficiary of that
agreement.
(iii) The court may require a party seeking disclosure to an
expert to provide that expert's name, employment history, and any
other relevant information to the court for examination. The court
shall accept that information under seal, and the information shall
not be disclosed by any court except upon termination of the action
and upon a showing of good cause to believe the secret has been
disseminated by a court-approved expert. The court shall evaluate
the expert and determine whether the expert poses a discernible risk
of disclosure. The court shall withhold approval if the expert's
economic interests place the expert in a competitive position with
the victim, unless no other experts are available. The court may
interview the expert in camera in aid of its ruling. If the court
rejects the expert, it shall state its reasons for doing so on the
record and a transcript of those reasons shall be prepared and
sealed.
(D) That no articles disclosing the trade secret shall be filed or
otherwise made a part of the court record available to the public
without approval of the court and prior notice to the owner of the
secret. The owner of the secret may give either party permission to
accept the notice on the owner's behalf.
(E) Other orders as the court deems necessary to protect the
integrity of the trade secret.
(c) A ruling granting or denying a motion for a protective order
filed pursuant to subdivision (b) shall not be construed as a
determination that the alleged trade secret is or is not a trade
secret as defined by subdivision (d) of Section 3426.1 of the Civil
Code or paragraph (9) of
subdivision (a) of Section 499c of the Penal Code. Such a
ruling shall not have any effect on any civil litigation.
(d) A protective order entered by a municipal court
pursuant to this section shall remain in effect in a superior court
unless that order is amended or vacated for good cause shown.
(e) This section shall have prospective effect only and
shall not operate to invalidate previously entered protective orders.
SEC. 126. Section 240.5 of the Family Code is repealed.
240.5. Notwithstanding Section 200, a judge of the municipal
court may issue an order described in Section 240 when relief cannot
be obtained in a timely manner from a judge of the superior court.
In such a case, the applicant for the order shall set forth in the
affidavit in support of the application for the order the reasons
that relief could not be obtained in a timely manner from a judge of
the superior court. Jurisdiction for the hearing described in
Section 242 and all subsequent proceedings shall be in the superior
court.
Nothing in this section shall be construed to prevent a judge of
the municipal court who is serving as a judge of the superior court
from issuing an order described in Section 240 without a showing that
relief cannot be obtained in a timely manner from a judge of the
superior court.
SEC. 127. Section 4252 of the Family Code is amended to read:
4252. (a) One or more child support commissioners shall
be appointed by the superior court The superior court
shall appoint one or more subordinate judicial officers as child
support commissioners to perform the duties specified in
Section 4251. The child support commissioners' first priority always
shall be to hear Title IV-D child support cases. The child support
commissioners shall specialize in hearing child support cases, and
their primary responsibility shall be to hear Title IV-D child
support cases. Child support commissioner positions shall
not be subject to the limitation on other commissioner positions
imposed upon the counties by Article 13 (commencing with Section
70140) of Chapter 5 of Title 8 of the Government Code. The
Notwithstanding Section 71622 of the Government Code, the
number of child support commissioner positions allotted to each
superior court shall be determined by the Judicial Council in
accordance with caseload standards developed pursuant to paragraph
(3) of subdivision (b), subject to appropriations in the annual
Budget Act.
(b) The Judicial Council shall do all of the following:
(1) Establish minimum qualifications for child support
commissioners.
(2) Establish minimum educational and training requirements for
child support commissioners and other court personnel that are
assigned to Title IV-D child support cases. Training programs shall
include both federal and state laws concerning child support and
related issues.
(3) Establish caseload, case processing, and staffing standards
for child support commissioners on or before April 1, 1997, which
shall set forth the maximum number of cases that each child support
commissioner can process. These standards shall be reviewed and, if
appropriate, revised by the Judicial Council every two years.
(4) Adopt uniform rules of court and forms for use in Title IV-D
child support cases.
(5) Offer technical assistance to counties
courts regarding issues relating to implementation and
operation of the child support commissioner system, including
assistance related to funding, staffing, and the sharing of resources
between counties courts .
(6) Establish procedures for the distribution of funding to the
courts for child support commissioners, family law facilitators
pursuant to Division 14 (commencing with Section 10000), and related
allowable costs.
(7) Adopt rules that define the exceptional circumstances in which
judges may hear Title IV-D child support matters as provided in
subdivision (a) of Section 4251.
(8) Convene a workgroup, including representatives of the
State Department of Social Services, county district attorneys,
child support commissioners, child support advocates, family law
facilitators, attorneys engaging in the private practice of family
law, custodial and noncustodial parents' organizations, and staff of
the Assembly and Senate Judiciary Committees, to advise the Judicial
Council in establishing criteria to evaluate the success and identify
any failures of the child support commissioner system. The
workgroup shall also provide advice on how to establish successful
outcomes for the child support commissioner system created pursuant
to this article. The Judicial Council shall conduct an evaluation
and report the results of the evaluation and its recommendations to
the Legislature no later than February 1, 2000. At a minimum, the
evaluation shall examine the ability of the child support
commissioner system to achieve the goals set forth in Section 4250.
The report shall include a fiscal impact statement estimating the
costs of implementing the recommendations.
(9) Undertake other actions as appropriate to ensure the
successful implementation and operation of child support
commissioners in the counties.
(c) As used in this article, "Title IV-D" means Title IV-D of the
federal Social Security Act (42 U.S.C. Sec. 651 et seq.).
SEC. 128. Section 6390 of the Family Code is amended to read:
6390. (a) The Judicial Council shall conduct a descriptive study
of the various domestic violence courts established in California and
other states. As used in this section, "domestic violence courts"
means the assignment of civil or criminal cases, or both, involving
domestic violence to one department of the superior court or
municipal court, consistent with the jurisdiction of those courts
. The study shall describe the policies and procedures
used in domestic violence courts and provide an analysis and
rationale for the common features of these courts. The study shall
identify issues and potential obstacles, if any, to be considered in
developing and implementing effective domestic violence courts at the
local level.
(b) The Judicial Council shall report to the Legislature no later
than March 1, 2000, with respect to the study required by subdivision
(a).
SEC. 129. Section 7122 of the Family Code is amended to read:
7122. (a) The court shall sustain the petition if it finds that
the minor is a person described by Section 7120 and that emancipation
would not be contrary to the minor's best interest.
(b) If the petition is sustained, the court shall forthwith issue
a declaration of emancipation, which shall be filed by the
county clerk of the court .
(c) A declaration is conclusive evidence that the minor is
emancipated.
SEC. 130. Section 7134 of the Family Code is amended to read:
7134. If the petition is sustained, the court shall forthwith
issue an order voiding or rescinding the declaration of emancipation,
which shall be filed by the county clerk of
the court .
SEC. 131. Section 8613 of the Family Code is amended to read:
8613. (a) If the prospective adoptive parent is commissioned or
enlisted in the military service, or auxiliary thereof, of the United
States, or of any of its allies, or is engaged in service on behalf
of any governmental entity of the United States, or in the American
Red Cross, or in any other recognized charitable or religious
organization, so that it is impossible or impracticable, because of
the prospective adoptive parent's absence from this state, or
otherwise, to make an appearance in person, and the circumstances are
established by satisfactory evidence, the appearance may be made for
the prospective adoptive parent by counsel, commissioned and
empowered in writing for that purpose. The power of attorney may be
incorporated in the adoption petition.
(b) Where the prospective adoptive parent is permitted to appear
by counsel, the agreement may be executed and acknowledged by the
counsel, or may be executed by the absent party before a notary
public, or any other person authorized to take acknowledgments
including the persons authorized by Sections 1183 and 1183.5 of the
Civil Code.
(c) Where the prospective adoptive parent is permitted to appear
by counsel, or otherwise, the court may, in its discretion, cause an
examination of the prospective adoptive parent, other interested
person, or witness to be made upon deposition, as it deems necessary.
The deposition shall be taken upon commission, as prescribed by the
Code of Civil Procedure, and the expense thereof shall be borne by
the petitioner.
(d) The petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, and any power of
attorney and deposition shall be filed in the office of the
county clerk of the court .
(e) The provisions of this section permitting an appearance
through counsel are equally applicable to the spouse of a prospective
adoptive parent who resides with the prospective adoptive parent
outside this state.
(f) Where, pursuant to this section, neither prospective adoptive
parent need appear before the court, the child proposed to be adopted
need not appear. If the law otherwise requires that the child
execute any document during the course of the hearing, the child may
do so through counsel.
(g) Where none of the parties appears, the court may not make an
order of adoption until after a report has been filed with the court
pursuant to Section 8715, 8807, 8914, or 9001.
SEC. 132. Section 8614 of the Family Code is amended to read:
8614. Upon the request of the adoptive parents or the adopted
child, a county clerk of the superior court
may issue a certificate of adoption that states the date and
place of adoption, the birthday of the child, the names of the
adoptive parents, and the name the child has taken. Unless the child
has been adopted by a stepparent or by a relative, as defined in
subdivision (c) of Section 8714.7, the certificate shall not state
the name of the birth parents of the child.
SEC. 133. Section 8702 of the Family Code is amended to read:
8702. (a) The department shall adopt a statement to be presented
to the birth parents at the time a relinquishment is signed and to
prospective adoptive parents at the time of the home study. The
statement shall, in a clear and concise manner and in words
calculated to ensure the confidence of the birth parents in the
integrity of the adoption process, communicate to the birth parents
of a child who is the subject of an adoption petition all of the
following facts:
(1) It is in the child's best interest that the birth parent keep
the department or licensed adoption agency to whom the child was
relinquished for adoption informed of any health problems that the
parent develops that could affect the child.
(2) It is extremely important that the birth parent keep an
address current with the department or licensed adoption agency to
whom the child was relinquished for adoption in order to permit a
response to inquiries concerning medical or social history.
(3) Section 9203 of the Family Code authorizes a person who has
been adopted and who attains the age of 21 years to request the
department or the licensed adoption agency to disclose the name and
address of the adoptee's birth parents. Consequently, it is of the
utmost importance that the birth parent indicate whether to allow
this disclosure by checking the appropriate box provided on the form.
(4) The birth parent may change the decision whether to permit
disclosure of the birth parent's name and address, at any time, by
sending a notarized letter to that effect, by certified mail, return
receipt requested, to the department or to the licensed adoption
agency that joined in the adoption petition.
(5) The relinquishment will be filed in the office of the
county clerk of the county clerk of the court
in which the adoption takes place. The file is not open to
inspection by any persons other than the parties to the adoption
proceeding, their attorneys, and the department, except upon order of
a judge of the superior court.
(b) The department shall adopt a form to be signed by the birth
parents at the time the relinquishment is signed, which shall provide
as follows:
"Section 9203 of the Family Code authorizes a person who has been
adopted and who attains the age of 21 years to make a request to the
State Department of Social Services, or the licensed adoption agency
that joined in the adoption petition, for the name and address of the
adoptee's birth parents. Indicate by checking one of the boxes
below whether or not you wish your name and address to be disclosed:
/__/ YES /__/ NO /__/ UNCERTAIN AT THIS TIME; WILL NOTIFY
AGENCY AT LATER DATE."
SEC. 134. Section 8714.5 of the Family Code is amended to read:
8714.5. (a) The Legislature finds and declares the following:
(1) It is the intent of the Legislature to expedite legal
permanency for children who cannot return to their parents and to
remove barriers to adoption by relatives of children who are already
in the dependency system or who are at risk of entering the
dependency system.
(2) This goal will be achieved by empowering families, including
extended families, to care for their own children safely and
permanently whenever possible, by preserving existing family
relationships, thereby causing the least amount of disruption to the
child and the family, and by recognizing the importance of sibling
and half-sibling relationships.
(b) A relative desiring to adopt a child may for that purpose file
a petition in the county in which the petitioner resides. Where a
child has been adjudged to be a dependent of the juvenile court
pursuant to Section 300 of the Welfare and Institutions Code, and
thereafter has been freed for adoption by the juvenile court, the
petition may be filed either in the county where the petitioner
resides or in the county where the child was freed for adoption.
(c) Upon the filing of a petition for adoption by a relative, the
county clerk of the court shall
immediately notify the State Department of Social Services in
Sacramento in writing of the pendency of the proceeding and of any
subsequent action taken.
(d) If the adopting relative has entered into a postadoption
contact agreement with the birth parent as set forth in Section
8714.7, the agreement, signed by the participating parties , shall be
attached to and filed with the petition for adoption under
subdivision (b).
(e) The caption of the adoption petition shall contain the name of
the relative petitioner. The petition shall state the child's name,
sex, and date of birth.
(f) If the child is the subject of a guardianship petition, the
adoption petition shall so state and shall include the caption and
docket number or have attached a copy of the letters of the
guardianship or temporary guardianship. The petitioner shall notify
the court of any petition for adoption. The guardianship proceeding
shall be consolidated with the adoption proceeding.
(g) The order of adoption shall contain the child's adopted name
and, if requested by the adopting relative, or if requested by the
child who is 12 years of age or older, the name the child had before
adoption.
(h) For purposes of this section, "relative" means an adult who is
related to the child or the child's half-sibling by blood or
affinity, including all relatives whose status is preceded by the
words "step," "great," "great-great," or "grand," or the spouse of
any of these persons, even if the marriage was terminated by death or
dissolution.
SEC. 135. Section 8818 of the Family Code is amended to read:
8818. (a) The department shall adopt a statement to be presented
to the birth parents at the time the consent to adoption is signed
and to prospective adoptive parents at the time of the home study.
The statement shall, in a clear and concise manner and in words
calculated to ensure the confidence of the birth parents in the
integrity of the adoption process, communicate to the birth parent of
a child who is the subject of an adoption petition all of the
following facts:
(1) It is in the child's best interest that the birth parents keep
the department informed of any health problems that the parent
develops that could affect the child.
(2) It is extremely important that the birth parent keep an
address current with the department in order to permit a response to
inquiries concerning medical or social history.
(3) Section 9203 of the Family Code authorizes a person who has
been adopted and who attains the age of 21 years to request the
department to disclose the name and address of the adoptee's birth
parents. Consequently, it is of the utmost importance that the birth
parent indicate whether to allow this disclosure by checking the
appropriate box provided on the form.
(4) The birth parent may change the decision whether to permit
disclosure of the birth parent's name and address, at any time, by
sending a notarized letter to that effect, by certified mail, return
receipt requested, to the department.
(5) The consent will be filed in the office of the county
clerk of the county clerk of the court in which
the adoption takes place. The file is not open to inspection by any
persons other than the parties to the adoption proceeding, their
attorneys, and the department, except upon order of a judge of the
superior court.
(b) The department shall adopt a form to be signed by the birth
parents at the time the consent to adoption is signed, which shall
provide as follows:
"Section 9203 of the Family Code authorizes a person who has been
adopted and who attains the age of 21 years to make a request to the
State Department of Social Services, or the licensed adoption agency
that joined in the adoption petition, for the name and address of the
adoptee's birth parents. Indicate by checking one of the boxes
below whether or not you wish your name and address to be disclosed:
/__/ YES /__/ NO /__/ UNCERTAIN AT THIS TIME; WILL NOTIFY
AGENCY AT LATER DATE."
SEC. 136. Section 9200 of the Family Code is amended to read:
9200. (a) The petition, relinquishment or consent, agreement,
order, report to the court from any investigating agency, and any
power of attorney and deposition filed in the office of the
county clerk of the court pursuant to this part
is not open to inspection by any person other than the parties to the
proceeding and their attorneys and the department, except upon the
written authority of the judge of the superior court. A judge of the
superior court may not authorize anyone to inspect the petition,
relinquishment or consent, agreement, order, report to the court from
any investigating agency, or power of attorney or deposition or any
portion of any of these documents, except in exceptional
circumstances and for good cause approaching the necessitous. The
petitioner may be required to pay the expenses for preparing the
copies of the documents to be inspected.
(b) Upon written request of any party to the proceeding and upon
the order of any judge of the superior court, the county
clerk of the court shall not provide any
documents referred to in this section for inspection or copying to
any other person, unless the name of the child's birth parents or any
information tending to identify the child's birth parents is deleted
from the documents or copies thereof.
(c) Upon the request of the adoptive parents or the child, a
county clerk of the court may issue a
certificate of adoption that states the date and place of adoption,
the child's birth date, the names of the adoptive parents, and the
name the child has taken. Unless the child has been adopted by a
stepparent, the certificate shall not state the name of the child's
birth parents.
SEC. 137. Section 17521 of the Family Code is amended to read:
17521. The order to show cause or notice of motion described in
subdivision (j) of Section 17520 shall be filed and heard in the
superior court. If, however, criminal proceedings pursuant
to paragraph (4) of subdivision (a) of Section 166 of the Penal Code,
relating to a support order, or pursuant to Section 270 of the Penal
Code are pending against the applicant in the municipal court, in a
county in which there is a municipal court, an order to show cause or
notice of motion for judicial review of the district attorney's
decision not to issue a release may be filed and heard in that court.
SEC. 138. Section 210 of the Fish and Game Code is amended to
read:
210. (a) The commission shall provide copies of the regulations
added, amended, or repealed pursuant to subdivision (e) of Section
206, subdivision (e) of Section 207, and subdivision (d) of Section
208 to each county clerk, each district attorney, and each judge of
a municipal court or of the superior court
in a county in which there is no municipal court,
in the state.
(b) The commission and the department may do anything that is
deemed necessary and proper to publicize and distribute regulations
so that persons likely to be affected will be informed of them. The
failure of the commission to provide any notice of its regulations,
other than by filing them in accordance with Section 215, shall not
impair the validity of the regulations.
(c) The department or the license agent may give a copy of the
current applicable published regulations to each person issued a
license at the time the license is issued.
(d) Notwithstanding any other provision of law, the commission and
the department may contract with private entities to print
regulations and other regulatory and public information. Printing
contracts authorized by this subdivision and for which no state funds
are expended are not subject to Chapter 2 (commencing with Section
10290) of Part 2 of Division 2 of the Public Contract Code, except
for Article 2 (commencing with Section 10295) of Chapter 2.
SEC. 139. Section 12150 of the Fish and Game Code is amended to
read:
12150. Whenever any person, while taking a bird or mammal, kills
or wounds any human being and that fact is ascertained by the
department, the department shall notify the district attorney of the
county in which the act occurred. The district attorney may
thereupon bring an action in the municipal
superior court of the judicial district
county in which the act occurred or in the superior
court in a county in which there is no municipal court
, for the purpose of determining the cause of the killing or
the wounding. Such proceedings shall be conducted in the same manner
as an action to try a misdemeanor and the defendant may request that
all findings of fact shall be made by a jury. The court shall
inform the defendant of the nature of the proceedings and of the
defendant's right to have a jury.
If it is found that such person did the killing or wounding but
that it was not intentional or negligent, the court shall dismiss the
proceeding. Otherwise, if it is found that such person did the
killing or wounding intentionally, by an act of gross negligence, or
while under the influence of alcohol, the court shall issue an order
permanently prohibiting the defendant from taking any bird or mammal.
If it is found that such person was negligent, but not grossly
negligent, the court shall issue an order prohibiting the defendant
from taking any bird or mammal for a period specified at the
discretion of the court but not less than five years.
SEC. 140. Section 12151 of the Fish and Game Code is amended to
read:
12151. Whenever any person, while taking a bird or mammal, kills
or wounds any domestic animal belonging to another and that fact is
ascertained by the department, the department shall notify the
district attorney of the county in which the act occurred. The
district attorney may thereupon bring an action in the
municipal superior court of the
judicial district county in which the act
occurred or in the superior court in a county in which there
is no municipal court , for the purpose of
determining the cause of the killing or wounding. Such proceedings
shall be conducted in the same manner as an action to try a
misdemeanor and the defendant may request that all findings of fact
shall be made by a jury. The court shall inform the defendant of the
nature of the proceedings and of the defendant's right to have a
jury.
If it is found that such person did the killing or wounding but
that it was not intentional or negligent, the court shall dismiss the
proceeding. Otherwise, if it is found that such person did the
killing or wounding intentionally or negligently, the court shall
issue an order prohibiting the defendant from taking any bird or
mammal for a period of five years.
SEC. 141. Section 30801 of the Food and Agricultural Code is
amended to read:
30801. (a) A board of supervisors may provide for the issuance of
serially numbered metallic dog licenses pursuant to this section.
The dog licenses shall be:
(1) Stamped with the name of the county and the year of issue.
(2) Unless the board of supervisors designates the animal control
department to issue the licenses, issued by the county clerk directly
or through judges of municipal courts or the
superior court in a county in which there is no municipal
court , to owners of dogs, that make application.
(b) The licenses shall be issued for a period of not to exceed two
years.
(c) In addition to the authority provided in subdivisions (a) and
(b), a license may be issued, as provided by this section, by a board
of supervisors for a period not to exceed three years for dogs that
have attained the age of 12 months, or older, and who have been
vaccinated against rabies. The person to whom the license is to be
issued pursuant to this subdivision may choose a license period as
established by the board of supervisors of up to one, two, or three
years. However, when issuing a license pursuant to this subdivision,
the license period shall
not extend beyond the remaining period of validity for the current
rabies vaccination.
SEC. 142. Section 31503 of the Food and Agricultural Code is
amended to read:
31503. If any person sustains any loss or damage to any livestock
or poultry which is caused by a dog, or if any livestock of any
person is necessarily destroyed because of having been bitten by a
dog, the person may file a complaint with any judge of the
municipal in the superior court of the county
within which the damage occurred or of the superior court in
a county in which there is no municipal court . A
proceeding under this section is a limited civil case.
SEC. 143. Section 31621 of the Food and Agricultural Code is
amended to read:
31621. If an animal control officer or a law enforcement officer
has investigated and determined that there exists probable cause to
believe that a dog is potentially dangerous or vicious, the chief
officer of the public pound or animal control department or his or
her immediate supervisor or the head of the local law enforcement
agency, or his or her designee, shall petition the municipal
superior court within the judicial
district of the county wherein the dog is owned
or kept or the superior court in a county in which there is
no municipal court , for a hearing for the
purpose of determining whether or not the dog in question should be
declared potentially dangerous or vicious. A proceeding under this
section is a limited civil case. A city or county may establish an
administrative hearing procedure to hear and dispose of petitions
filed pursuant to this chapter. Whenever possible, any complaint
received from a member of the public which serves as the evidentiary
basis for the animal control officer or law enforcement officer to
find probable cause shall be sworn to and verified by the complainant
and shall be attached to the petition. The chief officer of the
public pound or animal control department or head of the local law
enforcement agency shall notify the owner or keeper of the dog that a
hearing will be held by the municipal court, the
superior court , or the hearing entity, as the
case may be, at which time he or she may present evidence as to why
the dog should not be declared potentially dangerous or vicious. The
owner or keeper of the dog shall be served with notice of the
hearing and a copy of the petition, either personally or by
first-class mail with return receipt requested. The hearing shall be
held promptly within no less than five working days nor more than 10
working days after service of notice upon the owner or keeper of the
dog. The hearing shall be open to the public. The court may admit
into evidence all relevant evidence, including incident reports and
the affidavits of witnesses, limit the scope of discovery, and may
shorten the time to produce records or witnesses. A jury shall not
be available. The court may find, upon a preponderance of the
evidence, that the dog is potentially dangerous or vicious and make
other orders authorized by this chapter.
SEC. 144. Section 31622 of the Food and Agricultural Code is
amended to read:
31622. (a) After the hearing conducted pursuant to Section 31621,
the owner or keeper of the dog shall be notified in writing of the
determination and orders issued, either personally or by first-class
mail postage prepaid by the court or hearing entity. If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3 (commencing
with Section 31641) in accordance with a time schedule established by
the chief officer of the public pound or animal control department
or the head of the local law enforcement agency, but in no case more
than 30 days after the date of the determination or 35 days if notice
of the determination is mailed to the owner or keeper of the dog.
If the petitioner or the owner or keeper of the dog contests the
determination, he or she may, within five days of the receipt of the
notice of determination, appeal the decision of the court or hearing
entity of original jurisdiction to a court authorized to
hear the appeal . The fee for filing an appeal shall be
twenty dollars ($20), payable to the county clerk
of the court . If the original hearing held pursuant to
Section 31621 was before a hearing entity other than a court of the
jurisdiction, appeal shall be to the municipal court or
superior court in a county in which there is no municipal court. If
the original hearing was held in the municipal court, appeal shall be
to the superior court. If the original hearing was held
in the superior court, appeal shall be to the superior court before a
judge other than the judge who originally heard the petition. The
petitioner or the owner or keeper of the dog shall serve personally
or by first-class mail, postage prepaid, notice of the appeal upon
the other party.
(b) The court hearing the appeal shall conduct a hearing de novo,
without a jury, and make its own determination as to potential danger
and viciousness and make other orders authorized by this chapter,
based upon the evidence presented. The hearing shall be conducted in
the same manner and within the time periods set forth in Section
31621 and subdivision (a). The court may admit all relevant
evidence, including incident reports and the affidavits of witnesses,
limit the scope of discovery, and may shorten the time to produce
records or witnesses. The issue shall be decided upon the
preponderance of the evidence. If the court rules the dog to be
potentially dangerous or vicious, the court may establish a time
schedule to ensure compliance with this chapter, but in no case more
than 30 days subsequent to the date of the court's determination or
35 days if the service of the judgment is by first-class mail.
SEC. 145. Section 811.9 of the Government Code is amended to read:
811.9. (a) Notwithstanding any other provision of law, judges,
subordinate judicial officers, and court executive officers of the
superior and former municipal courts are state officers
for purposes of Part 1 (commencing with Section 810) to Part 7
(commencing with Section 995), inclusive, and trial court employees
are employees of the trial court for purposes of Part 1 (commencing
with Section 810) to Part 7 (commencing with Section 995), inclusive.
The Judicial Council shall provide for representation, defense, and
indemnification of such individuals and the court pursuant to Part 1
(commencing with Section 810) to Part 7 (commencing with Section
995), inclusive. The Judicial Council shall provide for such
representation or defense through the county counsel, the Attorney
General, or other counsel. The county counsel and the Attorney
General may, but are not required to, provide such representation or
defense for the Judicial Council. The fact that a judge, subordinate
judicial officer, court executive officer, trial court employee, or
the court was represented or defended by the county counsel, the
Attorney General, or other counsel shall not be the sole basis for a
judicial determination of disqualification of a judge, subordinate
judicial officer, the county counsel, the Attorney General, or other
counsel in unrelated actions.
(b) To promote the cost-effective, prompt, and fair resolution of
actions, proceedings, and claims affecting the trial courts, the
Judicial Council shall adopt rules of court requiring the
Administrative Office of the Courts to manage actions, proceedings,
and claims that affect the trial courts and involve superior or
former municipal courts, superior or
court or former municipal court judges, subordinate judicial
officers, court executive officers, or trial court employees in
consultation with the affected courts and individuals. The
Administrative Office of the Courts' management of these actions,
proceedings, and claims shall include, but not be limited to, case
management and administrative responsibilities such as selection of
counsel and making strategic and settlement decisions.
(c) Nothing in this section shall be construed to affect the
employment status of subordinate judicial officers, court executive
officers, and trial court employees related to any matters not
covered by subdivision (a).
SEC. 146. Section 945.3 of the Government Code is amended to read:
945.3. No person charged by indictment, information, complaint,
or other accusatory pleading charging a criminal offense may bring a
civil action for money or damages against a peace officer or the
public entity employing a peace officer based upon conduct of the
peace officer relating to the offense for which the accused is
charged, including an act or omission in investigating or reporting
the offense or arresting or detaining the accused, while the charges
against the accused are pending before a municipal or
superior court.
Any applicable statute of limitations for filing and prosecuting
these actions shall be tolled during the period that the charges are
pending before a municipal or superior court.
For the purposes of this section, charges pending before a
municipal or superior court do not include appeals
or criminal proceedings diverted pursuant to Chapter 2.5 (commencing
with Section 1000), Chapter 2.6 (commencing with Section 1000.6),
Chapter 2.7 (commencing with Section 1001), Chapter 2.8 (commencing
with Section 1001.20), or Chapter 2.9 (commencing with Section
1001.50) of Title 6 of Part 2 of the Penal Code.
Nothing in this section shall prohibit the filing of a claim with
the board of a public entity, and this section shall not extend the
time within which a claim is required to be presented pursuant to
Section 911.2.
SEC. 147. Section 990.2 of the Government Code is amended to read:
990.2. A county may insure any officer or attache of its superior
and former municipal courts against all or any part of
the officer or attache's liability for injury resulting from any act
or omission in the scope of the officer or attache's employment, and
also may insure against the expense of defending any claim against
such officer or attache, whether or not liability exists on such
claim.
SEC. 148. Section 1770 of the Government Code is amended to read:
1770. An office becomes vacant on the happening of any of the
following events before the expiration of the term:
(a) The death of the incumbent.
(b) An adjudication pursuant to a quo warranto proceeding
declaring that the incumbent is physically or mentally incapacitated
due to disease, illness, or accident and that there is reasonable
cause to believe that the incumbent will not be able to perform the
duties of his or her office for the remainder of his or her term.
This subdivision shall not apply to offices created by the California
Constitution nor to federal or state legislators.
(c) His or her resignation.
(d) His or her removal from office.
(e) His or her ceasing to be an inhabitant of the state, or if the
office be local and one for which local residence is required by
law, of the district, county, or city for which the officer was
chosen or appointed, or within which the duties of his or her office
are required to be discharged. However, the office of judge
of a municipal court shall not become vacant when, as a result of a
change in the boundaries of a judicial district during an incumbent's
term, the incumbent ceases to be an inhabitant of the district for
which he or she was elected or appointed to serve.
(f) His or her absence from the state without the permission
required by law beyond the period allowed by law.
(g) His or her ceasing to discharge the duties of his or her
office for the period of three consecutive months, except when
prevented by sickness, or when absent from the state with the
permission required by law.
(h) His or her conviction of a felony or of any offense involving
a violation of his or her official duties. An officer shall be
deemed to have been convicted under this subdivision when trial court
judgment is entered. For the purposes of this subdivision, "trial
court judgment" means a judgment by the trial court either sentencing
the officer or otherwise upholding and implementing the plea,
verdict, or finding.
(i) His or her refusal or neglect to file his or her required oath
or bond within the time prescribed.
(j) The decision of a competent tribunal declaring void his or her
election or appointment.
(k) The making of an order vacating his or her office or declaring
the office vacant when the officer fails to furnish an additional or
supplemental bond.
(l) His or her commitment to a hospital or sanitarium by a court
of competent jurisdiction as a drug addict, dipsomaniac, inebriate,
or stimulant addict; but in that event the office shall not be deemed
vacant until the order of commitment has become final.
SEC. 149. Section 3501.5 of the Government Code is amended to
read:
3501.5. As used in this chapter, "public agency" does not mean a
superior court or municipal court .
SEC. 150. Section 6103.5 of the Government Code is amended to
read:
6103.5. (a) Whenever a judgment is recovered by a public agency
named in Section 6103, either as plaintiff or petitioner or as
defendant or respondent, in any action or proceeding to begin, or to
defend, which under the provisions of Section 6103 no fee for any
official service rendered by the clerk of the court, including, but
not limited to, the services of filing, certifying, and preparing
transcripts, nor fee for service of process or notices by a sheriff
or marshal has been paid, other than in a condemnation proceeding,
quiet title action, action for the forfeiture of a fish net or nets
or action for the forfeiture of an automobile or automobiles, the
clerk entering the judgment shall include as a part of the judgment
the amount of the filing fee, and the amount of the fee for the
service of process or notices which would have been paid but for
Section 6103, designating it as such. The clerk entering the
judgment shall include as part of the judgment the amount of the fees
for certifying and preparing transcripts if the court has, in its
discretion, ordered those fees to be paid.
(b) When an amount equal to the clerk's fees and the fees for
service of process and notices is collected upon a judgment pursuant
to subdivision (a), those amounts shall be due and payable to the
clerk and the serving officer respectively. The clerk shall
ascertain from the serving officer's return the amount of fees he or
she would have charged had it not been for the provisions of Section
6103. Remittances of the amounts so due shall be made within 45 days
by the fiscal officer of the plaintiff or petitioner or respondent
or defendant in the action or proceeding unless those fees have been
collected by the levying officer and remitted to the court. No
interest shall be computed or charged on the amount of the fee. If
the judgment pursuant to subdivision (a) consists only of the amount
of the filing fee, it shall be at the public agency's discretion
whether to seek collection. If the public agency determines not to
seek collection of the filing fee, it shall notify the clerk and no
further action as provided for in this section may be brought against
the public agency.
(c) If the remittance is not received within 45 days of the filing
of a partial satisfaction of judgment in an amount at least equal to
the fees due to the clerk or a satisfaction of judgment has been
filed, notwithstanding any other provision of law and except as
provided in subdivision (b), the court may issue a writ of execution
for recovery from the public agency of those fees plus the fees for
issuance and execution of the writ plus a fee for administering this
section.
(d) The board of supervisors superior
court shall set a fee, not to exceed the actual costs of
administering this section, up to a maximum of twenty-five dollars
($25), which shall be added to the writ of execution.
SEC. 151. Section 6520 of the Government Code is amended to read:
6520. (a) Notwithstanding any other provision of law, the Board
of Supervisors of San Diego County and the City Council of the City
of San Diego may create by joint powers agreement, the San Diego
Courthouse, Jail, and Related Facilities Development Agency,
hereinafter referred to as "the agency," which shall have all the
powers and duties of a redevelopment agency pursuant to Part 1
(commencing with Section 33000) of Division 24 of the Health and
Safety Code as well as all the powers of a joint powers agency
pursuant to this chapter, with respect to the acquisition,
construction, improvement, financing, and operation of a combined
courthouse-criminal justice facility, including a parking garage, and
other related improvements, hereinafter referred to as "the
facility."
(b) The agency shall be governed by a board of directors composed
of one city council member and one citizen designated by the San
Diego City Council; one supervisor and one citizen designated by the
San Diego County Board of Supervisors; one citizen
designated by the presiding judge of the municipal court, effective
during his or her term of presidence; one citizen two
citizens appointed by the presiding judge of the superior court
effective during his or her term of presidence; the Sheriff of San
Diego County; the president or designee of the San Diego County Bar
Association; and one citizen designated by the District Attorney of
San Diego County; all of whom shall serve at the pleasure of the
appointing power and without further compensation.
(c) The City of San Diego and the County of San Diego shall each
have the power of nonconcurrence over any action taken by the board
of directors, provided that a motion for reconsideration is made by a
member of the board of directors immediately following the vote of
the board of directors approving such action, and further provided
that the city council or the board of supervisors votes to nullify
such action, by a majority vote of its membership, within 30 days.
(d) The county may transfer to the agency county funds in either a
Courthouse Temporary Construction Fund or a County Criminal Justice
Facility Temporary Construction Fund, or both, to be expended for
purposes of the facility.
(e) In addition to those funds, (1) the agency's governing body
may allot up to 15 percent of the fines and forfeitures received by
the City of San Diego pursuant to Section 1463 of the Penal Code from
the service area of the downtown courts, as defined by the agency,
for expenditure by the agency for the purposes specified in
subdivision (a); (2) the City of San Diego and the County of San
Diego may allot to the agency any state or federal funds received for
purposes of the facility; and (3) the agency may expend any rent,
parking fees, or taxes received on leasehold interests in the
facility, for the purposes specified in subdivision (a).
SEC. 152. Section 6701 of the Government Code is amended to read:
6701. If January 1st, February 12th, March 31st, July 4th,
September 9th, November 11th, or December 25th falls upon a Sunday,
the Monday following is a holiday. If November 11th falls upon a
Saturday, the preceding Friday is a holiday.
If any holiday designated in Section 6700 falls on a Saturday, the
board of supervisors of any county may by ordinance or resolution
provide that an alternate day shall be a holiday for the employees of
the county , except those employees of the county working
as court attaches or as clerks of the superior or municipal courts
.
SEC. 153. Section 6704 of the Government Code is amended to read:
6704. The legislative body of any city or district may, by
ordinance or resolution, provide that every Saturday is a holiday as
respects the transaction of business in the public offices of such
cities or districts except that provision shall be made for the
continuance of essential public services such as police and fire
protection. The office of the clerk of a municipal court
established under the provisions of the Municipal Court Act of 1925
is excluded from the provisions of this section.
SEC. 154. Section 12989 of the Government Code is amended to read:
12989. (a) If an accusation is issued under Section 12981, a
complainant, a respondent, or an aggrieved person on whose behalf a
complaint is filed may elect, in lieu of an administrative proceeding
under Section 12981, to have the claims asserted in the charge
adjudicated in a civil action under this part.
(b) An election under this section may be made within 20 days
after the service of the accusation, and not later than 20 days after
service of the complaint to the respondent. A notice of election
shall be filed with the department, and the department shall serve a
copy of the notice to the director, the respondent, and the aggrieved
person on whose behalf the complaint is filed. The notice shall be
filed and served on all parties to the complaint in accordance with
the procedures established by Section 12962.
(c) If either party serves a notice of election upon the
department, as prescribed, the department shall, within 30 days after
service of the notice of the election, dismiss the accusation. The
department shall itself, or at its election through the Attorney
General, within 30 days of receipt of the notice of election, file a
civil action with the proper municipal or superior
court of competent jurisdiction in its name or on
behalf of the aggrieved person as a real party in interest. In
bringing a civil or administrative action, or pursuing subsequent
appeals of those actions, the department or the Attorney General
shall, in its representation of an aggrieved person's interests,
comply with the Rules of Professional Conduct of the State Bar of
California. The action may be filed in any county in the state in
which the unlawful practice is alleged to have been committed, in the
county in which the records relevant to that practice are maintained
and administered, or in the county in which the aggrieved person
would have resided in the housing accommodation. If the respondent
is not found within that county, the action may be filed in the
county of the respondent's residence or principal office.
(d) Any person aggrieved with respect to the issues to be
determined in a civil action filed under this part may intervene as
of right in that civil action.
(e) If an election is not made pursuant to this section, the
director shall maintain an administrative proceeding based on the
charges in the complaint in accordance with the procedures set forth
in Section 12981.
(f) The director or his or her designated representative shall be
available for consultation concerning any legal issues raised by the
Attorney General that relate to evidentiary or tactical matters
relevant to any civil action brought under this part.
SEC. 155. Section 15422 of the Government Code is amended to read:
15422. Where a county public defender has refused, or is
otherwise reasonably unable to represent a person because of conflict
of interest or other reason, the State Public Defender is authorized
to represent such person, pursuant to a contract with the county
which provides for reimbursement of costs, where the person is not
financially able to employ counsel and is charged with the commission
of any contempt or offense triable in the superior or
municipal courts at all stages of any proceedings relating
to such charge, including restrictions on liberty resulting from such
charge. Except in cases of representation under subdivision (d) of
Section 15421, the State Public Defender may decline to represent
such person by filing a letter with the appropriate court citing
Section 15420 of this chapter.
SEC. 156. Section 16265.2 of the Government Code is amended to
read:
16265.2. As used in this chapter:
(a) "County" means a county and a city and county.
(b) "County costs of eligible programs" means the amount of money
other than federal and state funds, as reported by the State
Department of Social Services to the Department of Finance or as
derived from the Controller's "Annual Report of Financial
Transactions Concerning Counties of California," that each county
spends for each of the following:
(1) The Aid to Families with Dependent Children for Family Group
and Unemployed Parents programs plus county administrative costs for
each program minus the county's share of child support collections
for each program, as described in Sections 10100, 10101, and 11250
of, and subdivisions (a) and (b) of Section 15200 of, the Welfare and
Institutions Code.
(2) The county share of the cost of service provided for the
In-Home Supportive Services Program, as described in Section
Sections 10100, 10101, and 12306 of the Welfare
and Institutions Code.
(3) The community mental health program, as described in Section
5705 of the Welfare and Institutions Code.
(4) The county share of the food stamp program, as described in
Section 18906.5 of the Welfare and Institutions Code.
(c) "County costs of justice programs" means the amount of money
other than federal and state funds, as reported in the Controller's
"Annual Report of Financial Transactions Concerning Counties of
California," that each county spends for each of the following:
(1) Municipal and superior Superior
courts.
(2) District attorney.
(3) Public defender.
(4) Probation.
(5) Correctional facilities.
"County costs of justice programs" does not include any costs
eligible for reimbursement to the county pursuant to Chapter 3
(commencing with Section 15200) of Part 6 of Division 3.
(d) "General purpose revenues" means revenues received by a county
whose purpose is not restricted by state law to a particular purpose
or program, as reported in the Controller's "Annual Report of
Financial Transactions Concerning Counties of California." "General
purpose revenues" are limited to all of the following:
(1) Property tax revenues, exclusive of those revenues dedicated
to repay voter approved indebtedness, received pursuant to Part 0.5
(commencing with Section 50) of Division 1 of the Revenue and
Taxation Code, or received pursuant to Section 33401 of the Health
and Safety Code.
(2) Sales tax revenues received pursuant to Part 1
(commencing the Section 6001) of Division 2 of the Revenue and
Taxation Code.
(3) Any other taxes levied by a county.
(4) Fines and forfeitures.
(5) Licenses, permits, and franchises.
(6) Revenue derived from the use of money and property.
(7) Vehicle license fees received pursuant to Section 11005 of the
Revenue and Taxation Code.
(8) Trailer coach fees received pursuant to Section 11003.3 of the
Revenue and Taxation Code.
(9) Revenues from cigarette taxes received pursuant to Part 13
(commencing with Section 30001) of Division 2 of the Revenue and
Taxation Code.
(10) Revenue received as open-space subventions pursuant to
Chapter 3 (commencing with Section 16140) of Part 1.
(11) Revenue received as homeowners' property tax exemption
subventions pursuant to Chapter 2 (commencing with Section 16120) of
Part 1.
(12) General revenue sharing funds received from the federal
government.
"General purpose revenues" does not include revenues received by a
county pursuant to Chapter 3 (commencing with Section 15200) of Part
6 of Division 3.
SEC. 157. Section 20437 of the Government Code is amended to read:
20437. "County peace officer" shall also include the constable
and each regularly employed deputy constable, marshal and each
regularly employed deputy marshal of any judicial district
who serves the superior court and he or she
shall receive credit for service as a peace officer for any time he
or she served as constable or deputy constable of a township or
justice court or marshal or deputy marshal of a municipal court
in the same county.
The provisions of this section shall not apply to the employees of
any contracting agency nor to any such agency unless and until the
contracting agency elects to be subject to the provisions of this
section by amendment to its contract with the board, made as provided
in Section 20474 or by express provision in its contract with the
board.
SEC. 158. Section 20440 of the Government Code is amended to read:
20440. "County peace officer" shall also include employees of the
sheriff employed to attend sessions of the superior or former
municipal courts and preserve order in the courtrooms, to guard
and maintain the security of prisoners during court appearances, or
to summon jurors and take responsibility for them while they are
deliberating or absent from the courtroom. It shall not include
persons employed as clerks, typists, teachers, instructors or
psychologists.
This section shall not apply to any contracting agency nor to the
employees of a contracting agency until the agency elects to be
subject to this section by amendment to its contract with the board,
made as provided in Section 20474 or by express provision in its
contract with the board.
SEC. 159. Section 22754.35 of the Government Code is amended to
read:
22754.35. (a) As used in this part, "employee" includes any judge
of a municipal or justice court.
(b) As used in this part, "annuitant" includes any judge of a
municipal or justice court retired under the Judges' Retirement
System.
(c) For purposes of this part, a municipal or justice court judge'
s entitlement shall be the same as a superior court judge in terms of
health benefits and employer contributions, and the continuation of
health benefits coverage shall be administered by the board.
(d) The state shall provide each sitting and
retired municipal court and justice court judge with health, dental,
and vision care benefits equal to and in the same manner as the
health, dental, and vision care benefits provided to superior court
judges. These benefits shall be paid from funds provided pursuant to
Section 77006.5.
(e) No judge shall have any salary or benefits reduced solely by
reason of the enactment of this section.
(f) If a judge opts to receive health, dental, or vision care
benefits from the state, the county shall reduce the judge's
compensation by an amount equal to the amount the state pays for his
or her health, dental, or vision care benefits.
SEC. 160. Section 23220 of the Government Code is amended to read:
23220. On and after the effective date of the boundary change,
the superior court and the municipal courts in
each affected county shall retain jurisdiction in all cases pending
in a session of those courts that court
.
SEC. 161. Section 23296 of the Government Code is repealed.
23296. Those municipal court districts in the transferring county
which are located within the boundaries of the territory which is
transferred immediately prior to its transfer shall continue in
existence for all purposes with the same name, judges, officers,
attaches, and other employees.
SEC. 162. Section 23396 of the Government Code is amended to read:
23396. The presiding or sole judge of the superior court
in a proposed county may appoint officers, attaches, and other
employees as are necessary to assist the court in the performance of
its duties. Preference Trial Court Employment and
Governance Act (Chapter 7 (commencing with Section 71600) of Title 8)
applies to the Superior Court and superior court employees in a
county, except that preference in appointment shall be given to
those persons serving a session of the superior court located within
the boundaries of the proposed county immediately prior to its
creation.
SEC. 163. Section 23398 of the Government Code is repealed.
23398. Those municipal court districts in the affected county or
counties which are located within the boundaries of the proposed
county immediately prior to its creation shall continue in existence
for all purposes in the proposed county with the same name, judges,
officers, attaches, and other employees.
SEC. 164. Section 23579 of the Government Code is repealed.
23579. Those municipal court districts in the affected counties
immediately prior to consolidation shall continue in existence for
all purposes in the consolidated county with the same name, judges,
officers, attaches, and other employees.
SEC. 165. Section 25100.5 of the Government Code is amended to
read:
25100.5. The board of supervisors of any county may provide by
ordinance that the clerk of the board of supervisors may be appointed
by the board in the same manner as other county officers are
appointed. In such counties, the county clerk is not ex officio
clerk of the board of supervisors.
The clerk of the board of supervisors shall perform those duties
prescribed by law for the county clerk as ex officio clerk of the
board of supervisors or for the clerk of the board of supervisors and
such additional duties as the board of supervisors shall prescribe
by ordinance. Such person may perform all the duties vested in the
county clerk other than those vested in the county clerk as
ex officio clerk of the superior court or registrar of
voters and may take acknowledgments and administer and certify oaths
in the performance of such person's official duties.
SEC. 166. Section 26524 of the Government Code is repealed.
26524. Upon request of any judge of the superior or municipal
court, the district attorney shall appear for and represent the court
or judge if the court or judge in his or her official capacity is a
party defendant in any action.
SEC. 167. Section 26529 of the Government Code is amended to read:
26529. (a) In counties that have a county counsel, the county
counsel shall discharge all the duties vested in the district
attorney by Sections 26520, 26522, 26523, 26524,
and 26526. The county counsel shall defend or prosecute all civil
actions and proceedings in which the county or any of its officers is
concerned or is a party in his or her official capacity. Except
where the county provides other counsel, the county counsel shall
defend as provided in Part 7 (commencing with Section 995) of
Division 3.6 of Title 1 of the Government Code any action or
proceeding brought against an officer, employee, or servant of the
county.
(b) Notwithstanding any other provision of law, the County Counsel
of the County of Solano may, and when directed by the board of
supervisors of that county shall, bring a civil action when the
county, or any of its officers, has a cause of action to abate a
public nuisance in the county. The County Counsel and the District
Attorney of Solano County have the concurrent right to bring an
action to abate a public nuisance pursuant to this subdivision.
SEC. 168. Section 26608.3 of the Government Code is amended to
read:
26608.3. (a) In Shasta County, the board of supervisors by
ordinance or resolution may transfer from the sheriff to the marshal
of the Shasta County Municipal Superior
Court the duty to serve all writs, notices and other process issued
by any state court, or other competent authority.
(b) After adoption of the ordinance or resolution pursuant to
subdivision (a), and notwithstanding any other provision of law, in
Shasta County the marshal shall have the duty to serve all writs,
notices , and other process issued by any state court or
other competent authority, and the sheriff shall be relieved of any
obligation imposed by Section 26608 and any liability imposed by
Section 26663 or 26664.
(c) Nothing in this section shall be construed as limiting the
responsibility or authority of a private person or registered process
server from serving process and notices in the manner prescribed by
law, nor shall it limit the authority of the sheriff or any other
peace officer to serve warrants of arrest or other process
specifically directed by a court to the sheriff or any other peace
officer.
SEC. 169. Section 26608.4 of the Government Code is repealed.
26608.4. (a) In Santa Barbara County, the board of supervisors by
ordinance or resolution may transfer from the sheriff to the marshal
of the Santa Barbara County Municipal Courts, the duty to serve all
writs, notices, and other process issued by any state court or other
competent authority.
(b) After adoption of the ordinance or resolution pursuant to
subdivision (a), and notwithstanding any other provision of law, in
Santa Barbara County the marshal, as provided in the ordinance or
resolution, shall have the duty to serve all writs, notices, or other
process issued by any state court or other competent authority, and
the sheriff shall be relieved of any obligation imposed by Section
26608 and any liability imposed by Section 26663 or 26664.
(c) Nothing in this section shall be construed as limiting the
responsibility or authority of a private person or registered process
server from serving process and notices in the manner prescribed by
law, nor shall it limit the authority of the sheriff or any other
peace officer to serve warrants of arrest or other process
specifically directed by a court to the sheriff or any other peace
officer.
SEC. 170. Section 26608.5 of the Government Code is repealed.
26608.5. (a) In Glenn County, the board of supervisors by
ordinance or resolution may transfer from the sheriff to the marshal
of the Glenn County Municipal Court the duty to serve all writs,
notices, and other process issued by any state court, or other
competent authority.
(b) After adoption of the ordinance or resolution pursuant to
subdivision (a), and notwithstanding any other provision of law, in
Glenn County the marshal shall have the duty to serve all writs,
notices, and other process issued by any state court or other
competent authority, and the sheriff shall be relieved of any
obligation imposed by Section 26608 and any liability imposed by
Section 26663 or 26664.
(c) Nothing in this section shall be construed as limiting the
responsibility or authority of a private person or registered process
server from serving process and notices in the manner prescribed by
law, nor shall it limit the authority of the sheriff or any other
peace officer to serve warrants of arrest or other process
specifically directed by a court to the sheriff or any other peace
officer.
SEC. 171. Section 26625 of the Government Code is amended to read:
26625. (a) This article shall be known and may
be cited as the Contra Costa County Court Services Consolidation Act
of 1988.
(b) Notwithstanding any other provision of law, the Board of
Supervisors of Contra Costa County may find, after holding a public
hearing on the issue, that cost savings can be realized by
consolidation of court-related services provided by the marshal and
sheriff within that county. If such a finding is made, there shall
be conducted among all of the judges of the superior and municipal
courts of that county an election to determine the agency, either the
marshal or sheriff, under which court-related services shall be
consolidated. The outcome shall be determined by a simple majority
of votes cast, provided that the total number of votes cast exceeds
50 percent of the number of superior and municipal judges in the
county, by at least one vote. The registrar of voters shall
administer that election and tabulate the results thereof. The
results of the election shall be reported within 15 days following
the election period by the registrar of voters to the board of
supervisors and to the judges of the superior and municipal courts of
that county.
The board of supervisors shall immediately commence and, within a
reasonable time not to exceed 90 days, implement the determination
made by a majority of the judges of the superior and municipal courts
of that county in that election. If an election is not conducted
within 90 days of notification of the board of supervisors' finding,
or if the results of the election are evenly divided, the board of
supervisors of that county shall determine under which agency, either
the marshal or the sheriff, court-related services shall be
consolidated, and shall proceed to implement that consolidation as if
on the basis of majority vote of the judges of the superior and
municipal courts of that county.
SEC. 172. Section 26625.1 of the Government Code is repealed.
26625.1. Sections 26625.2 to 26625.10, inclusive, shall become
operative only if the sheriff is selected as the agency under which
court-related services shall be consolidated, in which case those
sections shall become operative upon the vote of the judges of the
county so selecting the sheriff.
SEC. 146. Section 26625.2 of the Government Code is amended to
read:
26625.2. There is a court security bureau within the Contra Costa
County Sheriff's Department to serve the superior and
municipal courts court . The relationship
between the sheriff's department and the court security bureau shall
be similar to that which exists between the Sheriff's Department of
Contra Costa County and certain cities in the county that contract
for police services. The court security bureau shall
maintain a branch office in each municipal court district with the
exception of the Walnut Creek-Danville Judicial District.
SEC. 173. Section 26625.3 of the Government Code is amended to
read:
26625.3. There is a Court Security Oversight Committee consisting
of three municipal court judges and two five
superior court judges in even-numbered years and
three superior court judges and two municipal court judges in
odd-numbered years elected annually by a majority of their respective
benches appointed by the presiding judge . The
duties of the committee shall be those prescribed by this article,
and include, but are not limited to, the following:
(a) To approve all transfers out of and into the court security
bureau.
(b) To approve staffing levels and the recommended budget prior to
submission to the board of supervisors
Judicial Council .
(c) To approve security measures and plans prepared by the
sheriff, through the court security bureau commander.
(d) Notwithstanding any other provisions of law, the sheriff shall
provide bailiffing, court security, and prisoner holding in the
Superior Court and Municipal Courts of Contra
Costa County.
SEC. 174. Section 26625.4 of the Government Code is amended to
read:
26625.4. (a) The sheriff shall be the appointing authority for
all court security bureau positions and employees.
(b) The incumbent marshal of the Contra Costa County
Municipal Court shall become the assistant sheriff (exempt) of the
court security bureau upon the operative date of this section and may
not be removed except by a four-fifths majority vote of the Court
Security Oversight Committee. He or she shall hold the permanent
rank of captain in the merit system. Whenever the salary of
assistant sheriff is adjusted by the board of supervisors, the salary
of assistant sheriff, court security bureau, shall be adjusted in
the same amount with the same effective date.
(c) The selection, appointment, and removal of
subsequent management heads of the court security bureau
shall be made by a majority vote of the superior court judges of
Contra Costa County and majority vote of the municipal court
judges of Contra Costa County from a list of qualified
lieutenants submitted by the sheriff.
(d) The two incumbent assistant marshals in the marshal's office
shall become marshals, court security bureau, in the sheriff's
department and assigned to the court security bureau upon the
operative date of this section and may not be removed except by a
four-fifths majority vote of the Court Security Oversight Committee.
They shall be allocated to a salary level which is 67 levels on the
C5 salary schedule above that of lieutenant in the service of Contra
Costa County. Whenever the salary of lieutenant is adjusted by the
board of supervisors, the salary of these two individuals shall be
adjusted in the same percentage or levels with the same effective
date.
SEC. 175. Section 26625.10 of the Government Code is repealed.
26625.10. The marshal's office is abolished.
SEC. 176. Section 26625.11 of the Government Code is repealed.
26625.11. Sections 26625.12 to 26625.15, inclusive, shall become
operative only if the marshal is selected as the agency under which
court-related services shall be consolidated, in which case those
sections shall become operative upon the vote of the judges of the
county so selecting the marshal.
SEC. 177. Section 26625.12 of the Government Code is repealed.
26625.12. Deputy sheriffs who become members of the consolidated
office shall do so at their existing or equivalent classifications,
salaries, and benefits, and except as may be necessary for the
operation of the agency under which court-related services are
consolidated, shall not be involuntarily transferred out of the
consolidated court-related services office.
SEC. 178. Section 26625.13 of the Government Code is repealed.
26625.13. Permanent employees of the sheriff's department on the
operative date of the consolidation shall be deemed qualified, and no
other qualifications shall be required for employment or retention.
Probationary employees of the sheriff's department on the operative
date of the consolidation shall retain their probationary status and
rights, and shall not be deemed to have transferred so as to require
serving a new probationary period.
SEC. 179. Section 26625.14 of the Government Code is repealed.
26625.14. All county service or service in the sheriff's
department of employees of the sheriff's department on the operative
date of the consolidation shall be counted toward seniority in the
court-related services office, and all time spent in the same,
equivalent, or higher classification shall be counted toward
classification seniority.
SEC. 180. Section 26625.15 of the Government Code is repealed.
26625.15. No employee of the sheriff's department on the
operative date of the consolidation shall lose peace officer status,
or be demoted or otherwise adversely affected by a consolidation of
court services under this section.
SEC. 181. Section 26626 is added to the Government Code, to read:
26626. (a) This article shall remain in effect only until January
1, 2018, and as of that date is repealed unless a later enacted
statute, which is enacted before January 1, 2018, deletes or extends
that date.
(b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 182. Article 1.5 (commencing with Section 26630) of Chapter 2
of Part 3 of Division 2 of Title 3 of the Government Code is
repealed.
SEC. 183. Section 26638.2 of the Government Code is amended to
read:
26638.2. Notwithstanding any other provision of law, the Board of
Supervisors of the County of Sacramento may, by ordinance, abolish
the office of marshal of the municipal court and consolidate the
services and personnel of the Sacramento County Marshal's Department
into the Sacramento County Sheriff's Department.
Upon the effective date of such a consolidation ordinance,
Sections 74194 and 74195 shall cease to be operative, and Sections
26638.3 to 26638.12 26638.11 ,
inclusive, shall become operative and shall continue in full force
and effect during the period of consolidation. As used in
Sections 26638.3 to 26638.12, inclusive, "municipal court" means the
Sacramento Municipal Court District.
This article shall be repealed by operation of law in the event
the board of supervisors does not, by June 30, 1986, adopt a
consolidation ordinance pursuant to this article.
SEC. 184. Section 26638.4 of the Government Code is amended to
read:
26638.4. Notwithstanding the provisions of Sections
23608, 23665, 26603, 26608, and 71260
to 71265, inclusive 26665 , or any other
provision of law, the sheriff shall provide to the superior court
within the County of Sacramento and to the Sacramento
Municipal Court District all of the following:
(a) Notice and process services, including the service of summons,
subpoenas, warrants, and other civil and criminal process .
(b) Court security services, including prisoner transportation
services, prisoner escort services, bailiff services, courthouse and
other court security services, and the execution of court orders and
bench warrants requiring the immediate presence in court of a
defendant or witness.
SEC. 185. Section 26638.5 of the Government Code is amended to
read:
26638.5. The sheriff shall provide, within the limits of the
resources at his or her disposal, notice and process and court
security services to the superior and municipal courts
court of at least as high a quality as were
provided preceding the abolition and consolidation. The sheriff
shall designate a position assigned to the administration of notice
and process service as a court liaison officer whose duty it shall be
to advise and confer with the courts court
respecting the quality of notice and process services.
All notice and process and court security services provided by the
sheriff shall be apportioned between the superior and municipal
courts in an equitable manner.
SEC. 186. Section 26638.6 of the Government Code is amended to
read:
26638.6. There is hereby created as a separate unit within the
sheriff's department a court security services unit, the functions of
which shall be to provide to the superior and municipal
courts court within Sacramento County prisoner
transportation services, prisoner escort services, court control,
courthouse and other court building security, bailiff services ,
and the execution of court orders and bench warrants requiring
the immediate presence in court of a defendant or witness. All
sheriff's personnel responsible for the delivery of these services
shall be assigned to the court security services unit. The sheriff
shall provide all security services to the courts
court through that unit.
SEC. 187. Section 26638.7 of the Government Code is amended to
read:
26638.7. The court security services unit shall be headed by a
chief deputy who reports directly to the sheriff through the
undersheriff, and whose administrative offices are situated at such
location as the presiding judges judge
of the superior and municipal courts court
may direct.
The chief deputy shall be exempt from civil service, and shall not
be a member of the county's classified service. The chief deputy
shall be appointed by the sheriff from among Sacramento County
employees who are assigned to the sheriff's department, and who are
qualified peace officers. The person appointed chief deputy shall
serve in that office at the individual pleasures of the sheriff
, judges of the superior court, and judges of the
municipal superior court. The chief
deputy shall be subject to release from that office at the will of
either the sheriff, or the judges of either the
superior or municipal courts court , as
reflected by a majority vote of the judges in either court
. A person released from the office of chief deputy shall
be returned to the highest salaried county
class which that person occupied preceding his or
her appointment to the office of chief deputy. The chief deputy,
during the period he or she occupies that office, shall be subject to
suspension or dismissal from county employment at the sole
discretion of the sheriff, subject to those county standards,
procedures, and limitations as are applicable to county employees
within the classified service.
Notwithstanding the provisions of the preceding paragraph, the
first occupant of the office of chief deputy shall be the person who
occupied the office of Sacramento County Marshal immediately
preceding the effective date of the abolition of that office and
consolidation. The first occupant shall be subject to release from
that office and suspension or dismissal from county employment in
accordance with the same terms, conditions, and procedures as are
prescribed above. In the event the first occupant of the office of
chief deputy is released from that office, he or she shall be
assigned, at the discretion of the sheriff, to any existing vacancy
in the classes of sheriff's captain, sheriff's lieutenant, sheriff's
sergeant or deputy sheriff, at a salary equal to that which he or she
was receiving immediately preceding the effective date of release
from the chief deputy office. Upon assignment to such a class, the
first occupant shall immediately acquire permanent civil service
status, and shall thereafter be subject to discipline or other
adverse employment action subject to the same regulations and
procedures as are applicable to other classified personnel occupying
the same class.
The office of chief deputy, court security services, is created as
one whose principal function is to serve the superior and
municipal courts court , is created by
the Legislature as a court position, and is assigned solely
for organizational purposes to the sheriff's department in order to
promote the efficient utilization of personnel resources and preserve
unity of command in the delivery of peace officer services.
The chief deputy is an employee of Sacramento County for all
purposes.
SEC. 188. Section 26638.8 of the Government Code is amended to
read:
26638.8. The sheriff, through the chief deputy, court security
services, shall prepare and present for approval by the superior
and municipal courts court , as
expressed by a majority vote by of the
judges of each court , written policies
prescribing procedures and methods for the adequate and prompt
delivery of court security services. The policies shall contain such
elements as either the court may
prescribe, including, but not limited to:
(a) The transportation of prisoners in a manner which assures
timely production at court hearings, within the limits of personnel
resources at the disposal of the chief deputy, court security
services.
(b) The approval by individual superior and municipal
court judges of the identity of bailiffs assigned on a
regular or continuing basis to the courtrooms of those judges.
(c) The organizational plan for the court security services unit
in relation to the allocation of staffing levels to various functions
of the court security services unit, within the limits of personnel
resources at the disposal of the chief deputy, court security
services, including the regular assignment of one bailiff to each
permanent sitting judge, commissioner and referee.
(d) The filling with reasonable dispatch of positions which become
vacant due to employment termination, leave or incapacity; and, in
the event of vacancies caused by the long-term incapacity of a sworn
officer, that the sheriff make his or her best effort to assign the
vacant position elsewhere within the department in a manner which
makes available another sworn officer for court duties.
(e) With the foregoing exceptions, the reservation of discretion
to the chief deputy, court security services, to assign, direct, and
control the personnel of his or her unit.
Amendments of the policies shall be subject to advance approval by
the courts court in the same manner as
the courts approve court approves the
original policies.
SEC. 189. Section 26638.9 of the Government Code is amended to
read:
26638.9. The superior and municipal courts
court shall bring any complaints regarding the sheriff's
performance under this article and any written policies adopted
pursuant hereto to the attention of the sheriff, and shall cooperate
with the sheriff to resolve them. The courts
court shall also actively participate and cooperate in the
preparation and presentation of all budget requests for the court
security services unit. The budget for the unit shall be prescribed
from year to year by the board of supervisors through adoption of the
annual budget. During any budget year, the staffing for the unit
may be adjusted within budgeted resources and personnel
classifications only with the approval of the courts
court under policies adopted pursuant to
subdivisions (c) and (d) of Section 26638.8.
The sheriff shall not transfer or otherwise divert from the court
security services unit personnel or other resources allocated to that
unit by the annual final budget approved by the board of
supervisors, except on a temporary basis in the event of a sudden and
unforeseen emergency requiring the immediate commitment of
significant resources in relation to other functions performed by the
sheriff.
That organization plan for the court security services unit and
the level of staffing and hours of staffing services prescribed
therein set forth in that document entitled "Sacramento County Court
Security Services Unit, Organization Plan," dated June 1, 1985, on
file with the clerk of the Board of Supervisors of the County of
Sacramento, shall, at minimum, be maintained during the 1985-86
fiscal year from and after the effective date of the abolition and
consolidation authorized by this article; and the levels of staffing
and hours of staffing services shall be subject to modification,
increase , or decrease by the board of supervisors in
future fiscal years.
SEC. 190. Section 26638.10 of the Government Code is amended to
read:
26638.10. In the event that either the
superior or municipal court concludes by majority
vote of its members that the sheriff has substantially failed to
comply with any term of this article or written policies adopted
hereunder, that the court may request
that the board of supervisors form and fund an independent review
team to review the sheriff's compliance with this article or policies
and report thereon. The board shall form and fund such review. The
review team shall be selected by five four
persons who are the presiding judges
judge of the superior and municipal courts
court , county executive, sheriff , and a
disinterested public member of the public
selected by the board.
(a) The sheriff shall take all necessary reasonable steps to
remedy any violation of this article or policies adopted hereunder
found by the review team. The failure of the sheriff to take such
steps and violations of this article or policies adopted hereunder
shall be reviewable in an action brought by the court requesting
formation of the team under Section 1085 of the Code of Civil
Procedure.
(b) Any findings by the review team relating to understaffing,
insufficient or inadequate facilities, insufficient or inadequate
equipment or appliances, or any other matter requiring as a remedy
the appropriation or expenditure of public funds by the board of
supervisors shall be advisory only, and shall not be enforceable by
mandate or any other judicial proceeding against the county or board
of supervisors.
The provisions of this section shall not be deemed to constitute
an exclusive remedy, an administrative remedy which must be exhausted
or to otherwise bar any other remedy which may be available to the
courts court under this article or any
other laws for a violation of the provisions of this article or
written policies adopted hereunder.
SEC. 191. Section 26638.11 of the Government Code is amended to
read:
26638.11. Neither this article nor any provision hereof,
including Section 26638.10, shall be deemed in any manner to limit or
otherwise impair the legal power vested by other laws ,
including Section 68073, in the superior and
municipal courts court within Sacramento County
to secure proper provision of court-related services.
SEC. 192. Section 26638.12 is added to the Government Code, to
read:
26638.12. (a) This article shall remain in effect only until
January 1, 2018, and as of that date is repealed unless a later
enacted statute, which is enacted before January 1, 2018, deletes or
extends that date.
(b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 193. Section 26639.2 of the Government Code is amended to
read:
26639.2. The courtroom assignment of bailiffs after consolidation
pursuant to this article shall be determined by a
three-member committee comprised of the presiding judge of
the superior court ; the Chairperson of the Municipal Court
Judges' Association and the bailiff's management
representative; or their designees. Any new bailiff assignments
shall be made only after consultation with the affected judge or
commissioner in whose courtroom a new assignment is planned, the
bailiff's management representative, and with the bargaining unit of
the bailiff employee, if the employee is represented.
It is the intent of the Legislature, in enacting this section, to
ensure that courtroom assignments are made in a manner which best
assures that the interests of the affected judge or commissioner and
bailiff are protected.
SEC. 194. Section 26639.4 is added to the Government Code, to
read:
26639.4. (a) This article shall remain in effect only until
January 1, 2018, and as of that date is repealed unless a later
enacted statute, which is enacted before January 1, 2018, deletes or
extends that date.
(b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 195. Section 26639.7 is added to the Government Code, to
read:
26639.7. (a) This article shall remain in effect only until
January 1, 2018, and as of that date is repealed unless a later
enacted statute, which is enacted before January 1, 2018, deletes or
extends that date.
(b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 196. Section 26665 of the Government Code is amended to read:
26665. All writs, notices, or other process issued by superior
or municipal courts in civil actions or
proceedings may be served by any duly qualified and acting marshal or
sheriff of any county in the state, subject to the Code of Civil
Procedure.
SEC. 197. Section 26667 of the Government Code is repealed.
26667. Notwithstanding any other provision of law, the Board of
Supervisors of Orange County shall have the authority to consolidate
duplicate services provided by the sheriff's department and the
marshal's office within that county in the manner set forth in this
section.
(a) In the event the board of supervisors desire to effect such a
consolidation it shall create a sheriff/marshal consolidation
advisory committee composed of two members of the board of
supervisors, appointed by that board; the presiding judge of the
Orange County Superior Court or his or her designee, who shall be a
judge of the superior court; a person selected by a majority of the
judges of the municipal courts in that county, who shall be a
municipal court judge; and a fifth person whose selection shall be
concurred in by unanimous vote of the other members.
(b) The advisory committee shall prepare a plan for the
consolidation of the above services. The plan shall be approved by
affirmative vote of at least three of the members of the committee.
(c) If so approved, the plan shall be forwarded to the judges of
the superior and municipal courts for ratification. The plan may not
be implemented unless ratified by a majority of the trial court
judges of the county and by the Legislature. The plan shall be
deemed ratified by the Legislature if this section is not repealed by
legislation taking effect within 90 legislative days following
ratification by the trial court judges of the county.
SEC. 198. Section 26668 of the Government Code is repealed.
26668. Notwithstanding any other provision of law, the Board of
Supervisors of Riverside County may find, after holding a public
hearing on the issue, that cost savings can be realized by
consolidation of court-related services provided by the sheriff and
both offices of the marshal within that county. If that finding is
made, there shall be conducted among all of the judges of the
superior and municipal courts of that county an election to determine
the agency, either the sheriff or both offices of the marshal, under
which court-related services shall be consolidated. The outcome
shall be determined by a simple majority of votes cast. The
registrar of voters shall administer that election and tabulate the
results thereof. The results of that election shall be reported
within 15 days following the election period, by the registrar of
voters to the board of supervisors and to the judges of the superior
and municipal courts of that county. The board of supervisors shall
immediately commence and, within a reasonable time not to exceed 90
days, implement the determination made by a majority of the votes
cast in that election. If an election is not conducted within 90
days of notification of the board of supervisors' finding, or if the
results of the election are evenly divided, the board of supervisors
of that county shall determine under which agency, either the sheriff
or both offices of the marshal, court-related services shall be
consolidated; and shall proceed to implement the consolidation as if
on the basis of a majority of the votes cast by the judges of the
superior and municipal courts of that county.
SEC. 199. Section 26671.1 of the Government Code is amended to
read:
26671.1. Notwithstanding any other provision of law, the Board of
Supervisors of Santa Barbara County may, by ordinance, abolish the
office of Marshal of Santa Barbara County and the Santa Barbara
County Marshal's Office and consolidate the services and personnel of
the Santa Barbara County Marshal into the Santa Barbara County
Sheriff's Department.
Upon the effective date of that consolidation ordinance, Sections
74644.1, 74644.2, and 74644.5 shall cease to be operative and this
article shall become operative and shall continue in full force and
effect during the period of consolidation.
Upon the effective date of that consolidation ordinance, there
shall be established within the Santa Barbara County Sheriff's
Department a unit designated as the court services division. The
Sheriff of Santa Barbara County shall be responsible for the
management and operation of that unit, in accordance with this
article. Personnel assigned to the court services division
shall have all powers and shall perform all duties relating to
marshals and constables as set forth in Sections 71264 to 71269,
inclusive.
SEC. 200. Section 26671.4 of the Government Code is amended to
read:
26671.4. Notwithstanding any other provision of law, upon
consolidation the sheriff shall provide to the superior and
municipal courts court within Santa Barbara
County the following services:
(a) Court security services, including prisoner transportation
services, prisoner escort services, bailiff services, courthouse and
other security services, and the execution of court orders and bench
warrants requiring the immediate presence in court of a defendant or
witness.
(b) Notice and process services, including service of summons,
subpoenas, warrants, and other civil and criminal process.
SEC. 201. Section 26671.5 of the Government Code is amended to
read:
26671.5. (a) The sheriff shall provide, within the limits of the
resources at his or her disposal, those services enumerated in
Section 26671.4, to the superior and municipal courts
court of at least as high a quality as were
provided preceding the abolition and consolidation. In no event
shall the resources committed to those services be less than
necessary for the proper functioning of the Santa Barbara County
Municipal and Superior Courts
Court .
(b) Upon the effective date of consolidation, the regular
assignment of bailiffs to individual courtrooms shall be made by the
commander of the court services division with the concurrence of the
individual judicial officer in whose courtroom the assignment is to
be made.
SEC. 202. Section 26671.6 of the Government Code is amended to
read:
26671.6. (a) Effective upon consolidation, there shall be created
a Court Services Oversight Committee consisting of one
judge from the North County to be selected by the North Santa Barbara
County Municipal Court judges, one judge from the South County to be
selected by Santa Barbara Municipal Court judges, the
presiding judge of the superior court , and one
judge to be selected by the sheriff.
(b) Members of the Court Services Oversight Committee shall serve
for a term of two years, or as otherwise designated by the appointing
authorities.
(c) The duties of the Court Services Oversight Committee shall be
those prescribed by this article.
SEC. 203. Section 26671.8 of the Government Code is amended to
read:
26671.8. Nothing in this article shall be deemed in any manner to
limit or otherwise impair the legal power vested by other laws
, including Section 68073, in the superior
and municipal courts court within Santa
Barbara County to secure proper provision of court-related services.
SEC. 204. Section 26672 is added to the Government Code, to read:
26672. (a) This article shall remain in effect only until January
1, 2018, and as of that date is repealed unless a later enacted
statute, which is enacted before January 1, 2018, deletes or extends
that date.
(b) The repeal of this article does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 205. Section 26800 of the Government Code is repealed.
26800. The county clerk shall act as clerk of the superior court
in and for his or her county. However, in any county in which a
superior court executive officer has been appointed pursuant to
Section 69898, the term "county clerk" shall mean the superior court
executive officer to the extent that the superior court, by local
rule, has delegated any duties of the county clerk to the superior
court executive officer.
SEC. 204. Section 26806 of the Government Code is amended to read:
26806. (a) In counties having a population of 900,000 or over,
the county clerk may employ as many foreign language interpreters as
may be necessary to interpret in criminal cases in the
superior and municipal courts, and in the juvenile court within the
county and to translate documents intended for
filing in any civil or criminal action or proceeding or for
recordation in the county recorder's office.
(b) The county clerk, as clerk of the superior court,
shall, when interpreters are needed, assign the interpreters so
employed to interpret in criminal and juvenile cases in the superior
court. When their services are needed, the clerk shall also assign
interpreters so employed to interpret in criminal cases in municipal
courts.
(c) The county clerk may also assign the interpreters so employed
to interpret in civil cases in superior and municipal courts when
their services are not required in criminal or juvenile cases and
when so assigned, they shall collect from the litigants the fee fixed
by the court and shall deposit the same in the county treasury.
(d) The interpreters so employed shall, when assigned to
do so by the county clerk, translate documents to be recorded
or to be filed in any civil or criminal action or proceeding
. The fee to be collected for translating each such
document shall be three dollars ($3) per folio for the first folio or
part thereof, and two cents ($0.02) for each word thereafter. For
preparing a carbon copy of such translation made at the time of
preparing the original, the fee shall be twelve cents ($0.12) per
folio or any part thereof. All such fees shall be deposited in the
county treasury.
SEC. 205. Section 26827.1 of the Government Code is amended to
read:
26827.1. In any county in which the population is
4,000,000 or more, as determined by the 1970 Federal Decennial Census
Los Angeles County , whenever the court directs
that an order or decree in a probate proceeding be prepared by the
clerk, the fee for preparing such order or decree shall be the amount
necessary to defray the costs of preparation, as determined by the
county clerk of the court on an annual
basis, but shall not exceed fifty dollars ($50). The fee so paid
shall be an expense of administration.
SEC. 206. Section 26832 of the Government Code is amended to read:
26832. (a) Notwithstanding the fee authorized by Section 26833, a
fee of three dollars ($3) shall be paid by a public agency applicant
for a certified copy of a marriage dissolution record that the
agency is required to obtain in the ordinary course of business. A
fee of six dollars ($6) shall be paid by any other applicant for a
certified copy of a marriage dissolution record. Three dollars ($3)
of any six-dollar ($6) fee shall be transmitted monthly by each
county clerk of the court to the state
for deposit into the General Fund as provided by Section 1852 of the
Family Code.
(b) As used in this section, "marriage dissolution record" means
the judgment.
SEC. 207. Section 26835 of the Government Code is repealed.
26835. (a) The county clerk shall collect a fee of two dollars
($2) per signature for any document that he or she is required to
authenticate 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. ____."
SEC. 208. Section 26835.1 of the Government Code is amended to
read:
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 of the court 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. 209. Section 26856 of the Government Code is amended to read:
26856. The fees fixed by this article are in full for all
services rendered by the county clerk of the
court in any civil action or special proceeding.
SEC. 210. Section 26859 of the Government Code is amended to read:
26859. At the time of filing of each initial petition for
dissolution of marriage, legal separation, or nullity, the petitioner
shall pay a fee of two dollars ($2) to the county
clerk of the court for the costs of complying with
Chapter 10 (commencing with Section 103200) of Part 1 of Division 102
of the Health and Safety Code.
The county clerk shall pay one-half of all
those fees to the State Registrar of Vital Statistics each month.
The State Registrar shall transmit those sums to the State Treasurer
for deposit in the General Fund.
SEC. 211. Section 27081 of the Government Code is amended to read:
27081. The county clerk of the court
may deposit in the county treasury any money deposited
with him as jury fees or as a portion of the
naturalization fees required by law to be paid by him
to the United States. The treasurer shall accept and keep
separate accounts of such deposits. The money may be withdrawn at
any time by the county clerk of the county
upon his written order. For the safekeeping of the money the
treasurer is liable on his the treasurer's
official bond.
SEC. 212. Section 27464 of the Government Code is amended to read:
27464. Whenever the death of any person shall have been referred
to the coroner for investigation, there shall be delivered to the
coroner any note, letter or other document apparently written by the
deceased which may tend to indicate an intention by the writer to
take his the writer's life, including
directions for disposition of his property or
disposal of his remains. A facsimile copy thereof
shall be placed in the coroner's records, and, if an inquest be
held, a true copy shall be read into the record and transcribed into
the notes of the official stenographer. Upon completion of legal
proceedings arising from such death, the original instrument shall be
delivered by the coroner to the addressee or to the legal
representative of the estate of the decedent; provided, however, that
if the instrument purports to be testamentary in nature, it shall be
filed with the
county clerk of the court as provided
by law.
SEC. 213. Section 27647 of the Government Code is repealed.
27647. (a) If requested so to do by the superior court of the
county of the county counsel, or by any municipal court in such
county, or by any judge thereof, and insofar as such duties are not
in conflict with, and do not interfere with, other duties, the county
counsel may represent any such court or judge thereof in all matters
and questions of law pertaining to any of such judge's duties,
including any representation authorized by Section 68111 and
representation in all civil actions and proceedings in any court in
which with respect to the court's or judge's official capacity, such
court or judge is concerned or is a party.
(b) This section shall not apply to any of the following:
(1) Any criminal proceedings in which a judge is a defendant.
(2) Any grand jury proceedings.
(3) Any proceeding before the Commission on Judicial
Qualifications.
(4) Any civil action or proceeding arising out of facts under
which the judge was convicted of a criminal offense in a criminal
proceeding.
SEC. 214. Section 27706 of the Government Code is amended to read:
27706. The public defender shall perform the following duties:
(a) Upon request of the defendant or upon order of the court, the
public defender shall defend, without expense to the defendant,
except as provided by Section 987.8 of the Penal Code, any person who
is not financially able to employ counsel and who is charged with
the commission of any contempt or offense triable in the superior
or municipal courts at all stages of the
proceedings, including the preliminary examination. The public
defender shall, upon request, give counsel and advice to such person
about any charge against the person upon which the public defender is
conducting the defense, and shall prosecute all appeals to a higher
court or courts of any person who has been convicted, where, in the
opinion of the public defender, the appeal will or might reasonably
be expected to result in the reversal or modification of the judgment
of conviction.
(b) Upon request, the public defender shall prosecute actions for
the collection of wages and other demands of any person who is not
financially able to employ counsel, where the sum involved does not
exceed one hundred dollars ($100), and where, in the judgment of the
public defender, the claim urged is valid and enforceable in the
courts.
(c) Upon request, the public defender shall defend any person who
is not financially able to employ counsel in any civil litigation in
which, in the judgment of the public defender, the person is being
persecuted or unjustly harassed.
(d) Upon request, or upon order of the court, the public defender
shall represent any person who is not financially able to employ
counsel in proceedings under Division 4 (commencing with Section
1400) of the Probate Code and Part 1 (commencing with Section 5000)
of Division 5 of the Welfare and Institutions Code.
(e) Upon order of the court, the public defender shall represent
any person who is entitled to be represented by counsel but is not
financially able to employ counsel in proceedings under Chapter 2
(commencing with Section 500) of Part 1 of Division 2 of the Welfare
and Institutions Code.
(f) Upon order of the court the public defender shall represent
any person who is required to have counsel pursuant to Section 686.1
of the Penal Code.
(g) Upon the order of the court or upon the request of the person
involved, the public defender may represent any person who is not
financially able to employ counsel in a proceeding of any nature
relating to the nature or conditions of detention, of other
restrictions prior to adjudication, of treatment, or of punishment
resulting from criminal or juvenile proceedings.
SEC. 215. Section 29603 of the Government Code is amended to read:
29603. The sums required by law to be paid to the
grand and trial jurors and witnesses in
criminal cases tried in a superior or municipal
court are county charges.
SEC. 216. Section 29610 of the Government Code is amended to read:
29610. The expenses of any elected county officer and
one marshal of a municipal court chosen by the marshals of the
municipal courts incurred while traveling to and from and
while attending the annual convention of his or her respective
association, are county charges which do not require prior approval
of the board of supervisors. The board of supervisors may require
prior approval by the board of supervisors for any other officer or
employee to incur those expenses as county charges.
SEC. 217. Section 31469 of the Government Code is amended to read:
31469. (a) "Employee" means any officer or other person employed
by a county whose compensation is fixed by the board of supervisors
or by statute and whose compensation is paid by the county, and any
officer or other person employed by any district within the county.
(b) "Employee" includes any officer or attache of any superior
court or municipal court which has been brought
within the operation of this chapter.
(c) "Employee" includes any officer or other person employed by a
district as defined in subdivision (c) of Section 31468 and whose
compensation is paid from funds of the district.
(d) "Employee" includes any member paid from the county school
service fund who elected pursuant to Education Code Section 873.1 to
remain a member of this system.
(e) "Employee" includes any person permanently employed by a local
agency formation commission including the executive officer thereof.
SEC. 218. Section 31520 of the Government Code is amended to read:
31520. Except as otherwise delegated to the board of investment
and except for the statutory duties of the county treasurer, the
management of the retirement system is vested in the board of
retirement, consisting of five members, one of whom shall be the
county treasurer. The second and third members of the board shall be
active members of the association elected by it within 30 days after
the retirement system becomes operative in a manner determined by
the board of supervisors. The fourth and fifth members shall be
qualified electors of the county who are not connected with county
government in any capacity, except one may be a supervisor and one
may be a retired member, and shall be chosen by the board of
supervisors. The first persons chosen as the second and fourth
members shall service for two years from the date the system becomes
operative and the third and fifth members shall serve for a term of
three years from that date. Thereafter the terms of office of the
four elected members are three years.
As used in this section "active member" means a member in the
active service of a county, district, municipal court
or superior court and a "retired member" means a member
retired for service or disability.
SEC. 219. Section 31555 of the Government Code is repealed.
31555. All officers and attaches of any municipal court
established within the county under the Municipal Court Act of 1925
or Municipal and Justice Court Act of 1949, except judges, become
members of the association on the first day of the calendar month
after the board of supervisors adopts by four-fifths vote a
resolution providing for their inclusion. Thereafter each person
entering such employ becomes a member on the first day of the
calendar month following his entrance into the service of the court.
SEC. 220. Section 31662.6 of the Government Code is amended to
read:
31662.6. Two years after a retirement system established by this
chapter becomes operative, a safety member except an elective
officer, the sheriff and undersheriff, and the marshal of
all of the municipal courts appointed to serve the
superior court within the county, shall be retired as of the
first day of the calendar month next succeeding that in which he or
she attains age 60.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.
SEC. 221. Section 31663 of the Government Code is amended to read:
31663. After January 1, 1954, or two years after a retirement
system established by this chapter becomes operative, whichever is
later, a sheriff who is a safety member and not elective, and an
undersheriff, who is a safety member shall be retired as of the first
day of the calendar month next succeeding that in which he or she
attains age 70.
The marshal of all the municipal courts
appointed to serve the superior court within the county who is
a safety member shall be retired as of the first day of the calendar
month next succeeding that in which he or she attains age 65.
In any county having a population in excess of 503,000
but less than 600,000 as determined by Section 28020 as amended in
1961 San Bernardino County , a sheriff's
inspector, a chief inspector in a sheriff's office, or a chief deputy
in a sheriff's office, who is a safety member and whose primary
duties are administrative, shall be retired as of the first day of
the calendar month next succeeding that in which he
the person attains age 70.
This section shall not be operative in any county until such time
as the board of supervisors shall, by resolution adopted by a
majority vote, make this section applicable in the county.
SEC. 222. Section 41803.5 of the Government Code is amended to
read:
41803.5. (a) With the consent of the district attorney of the
county, the city attorney of any general law city or chartered city
within the county may prosecute any misdemeanor committed within the
city arising out of violation of state law. This section shall not
be deemed to affect any of the provisions of Sections 71099
or Section 72193.
(b) In any case in which the district attorney is granted any
powers or access to information with regard to the prosecution of
misdemeanors, this grant of powers or access to information shall be
deemed to apply to any other officer charged with the duty of
prosecuting misdemeanor charges in the state, as authorized by law.
SEC. 223. Section 50920 of the Government Code is amended to read:
50920. As used in this article, the term "peace officer" means a
sheriff, undersheriff, deputy sheriff, marshal, or deputy marshal of
a county , or city and county,
or judicial district, or a marshal or police officer of a
city or town, employed and compensated as such, whether the members
are volunteer, partly paid, or fully paid, except those whose
principal duties are clerical, such as stenographers, telephone
operators, and other workers not engaged in law enforcement
operations, or the protection or preservation of life or property,
and not under suspension or otherwise lacking in good standing.
SEC. 224. Section 53069.4 of the Government Code is amended to
read:
53069.4. (a) (1) The legislative body of a local agency, as the
term "local agency" is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction, the
administrative fine or penalty shall not exceed the maximum fine or
penalty amounts for infractions set forth in subdivision (b) of
Section 25132 and subdivision (b) of Section 36900.
(2) The administrative procedures set forth by ordinance adopted
by the local agency pursuant to paragraph (1) shall provide for a
reasonable period of time, as specified in the ordinance, for a
person responsible for a continuing violation to correct or otherwise
remedy the violation prior to the imposition of administrative fines
or penalties, when the violation pertains to building, plumbing,
electrical, or other similar structural or zoning issues, that do not
create an immediate danger to health or safety.
(b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6
of the Code of Civil Procedure, within 20 days after service of the
final administrative order or decision of the local agency is made
pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an appeal
to be heard by the municipal court or by the
superior court in a county in which there is no municipal
court , where the same shall be heard de novo, except that
the contents of the local agency's file in the case shall be received
in evidence. A proceeding under this subdivision is a limited civil
case. A copy of the document or instrument of the local agency
providing notice of the violation and imposition of the
administrative fine or penalty shall be admitted into evidence as
prima facie evidence of the facts stated therein. A copy of the
notice of appeal shall be served in person or by first-class mail
upon the local agency by the contestant.
(2) The fee for filing the notice of appeal shall be twenty-five
dollars ($25). The court shall request that the local agency's file
on the case be forwarded to the court, to be received within 15 days
of the request. The court shall retain the twenty-five dollar ($25)
fee regardless of the outcome of the appeal. If the court finds in
favor of the contestant, the amount of the fee shall be reimbursed to
the contestant by the local agency. Any deposit of the fine or
penalty shall be refunded by the local agency in accordance with the
judgment of the court.
(3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(c) If no notice of appeal of the local agency's final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.
(d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty pursuant to the procedures set forth in its
ordinance.
SEC. 225. Section 53075.6 of the Government Code is amended to
read:
53075.6. Whenever a peace officer or public officer or employee,
when authorized by ordinance and as defined in Section 836.5 of the
Penal Code, arrests any person for operating as a taxicab without a
valid taxicab certificate, license, or permit required by any
ordinance, and the offense occurred at a public airport, within 100
feet of a public airport, or within two miles of the international
border between the United States and Mexico, the officer or employee
may impound and retain possession of any vehicle used in a violation
of the ordinance.
If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of the ordinance
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
At any time, a person may make a motion in municipal
court or superior court in a county in which there
is no municipal court for the immediate return of a
vehicle on the ground that there was no probable cause to seize it or
that there is some other good cause, as determined by the court, for
the return of the vehicle. A proceeding under this paragraph is a
limited civil case.
No officer or employee, however, shall impound any vehicle owned
or operated by a nonprofit organization exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code which serves youth
or senior citizens and provides transportation incidental to its
programs or services.
SEC. 226. Section 53075.61 of the Government Code is amended to
read:
53075.61. A transportation inspector, authorized by a local
government to cite any person for operating as a taxicab without a
valid taxicab certificate, license, or permit required by any
ordinance, may impound and retain possession of any vehicle used in a
violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of the ordinance
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
At any time, a person may make a motion in municipal
court or superior court in a county in which there
is no municipal court for the immediate return of a
vehicle on the ground that there was no probable cause to seize it or
that there is some other good cause, as determined by the court, for
the return of the vehicle. A proceeding under this paragraph is a
limited civil case.
No officer or employee, however, shall impound any vehicle owned
or operated by a nonprofit organization exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code which serves youth
or senior citizens and provides transportation incidental to its
programs or services.
SEC. 227. Section 53200.3 of the Government Code is repealed.
53200.3. For the limited purpose of the application of this
article, judges of the superior and municipal courts and the officers
and attaches of said courts whose salaries are paid either in whole
or in part from the salary fund of the county are county employees
and shall be subject to the same or similar obligations and be
granted the same or similar employee benefits as are now required or
granted to employees of the county in which the court of said judge,
officer, or attache is located.
SEC. 228. Section 53214.5 of the Government Code is repealed.
53214.5. A county or city and county which pays the salaries,
either in whole or in part, of judges of the superior and municipal
courts and the officers and attaches of those courts may allow the
judges, officers, and attaches to participate in any deferred
compensation plan established pursuant to this article. Any county
or city and county is hereby authorized to enter into a written
agreement with the judges, officers, and attaches providing for
deferral of a portion of their wages. The judges, officers, and
attaches may authorize deductions to be made from their wages for the
purpose of participating in the deferred compensation plan.
SEC. 229. Section 61601.1 of the Government Code is amended to
read:
61601.1. (a) "Abatement," for the purposes of this section,
includes the removal and prevention of graffiti, antigraffiti
education, and restitution to any property owner for any injury or
damage caused by the removal of graffiti from the property.
(b) A district that is authorized to abate graffiti may:
(1) Remove or contract for the removal of graffiti from any public
or private property within its boundaries.
(2) Indemnify or compensate any property owner for any injury or
damage caused by the removal of graffiti from property.
(3) Undertake a civil action to abate graffiti as a nuisance
pursuant to Section 731 of the Code of Civil Procedure.
(4) Use the services of persons ordered to perform those services
by a municipal, superior , or
juvenile court.
(5) Use the phrase "Graffiti Abatement District" in the name of
the district.
(6) Operate specifically designated telephone "hot lines" for the
purpose of receiving reports of unlawful application of graffiti on
public or private property.
(7) Operate a program of financial reward, not to exceed one
thousand dollars ($1,000), for information leading to the arrest and
conviction of any person who unlawfully applies graffiti to any
public or private property.
SEC. 230. Section 68071 of the Government Code is amended to read:
68071. No rule adopted by a superior or municipal
court shall take effect until the January 1 or July 1,
whichever comes first, following the 30th day after it has been filed
with the Judicial Council and the clerk of the court, and made
immediately available for public examination. The Judicial Council
may establish, by rule, a procedure for exceptions to these effective
dates.
SEC. 231. Section 68072 of the Government Code is amended to read:
68072. Rules adopted by the Judicial Council, the Supreme Court,
or a court of appeal shall take effect on a date to be fixed in the
order of adoption. If no effective date is fixed, those rules shall
take effect 60 days after their adoption. Rules adopted by a
superior or municipal court shall take effect as
provided in Section 68071.
SEC. 232. Section 68073 of the Government Code is amended to read:
68073. (a) Commencing July 1, 1997, and each year thereafter, no
county or city and county shall be responsible to provide funding for
"court operations" as defined in Section 77003 and Rule 810 of the
California Rules of Court as it read on July 1, 1996.
(b) Commencing as of July 1, 1996, and each year thereafter, each
county or city and county shall be responsible for providing
necessary and suitable facilities for judicial and court support
positions created prior to July 1, 1996. In determining whether
facilities are necessary and suitable, the reasonable needs of the
court and the fiscal condition of the county or city and county shall
be taken into consideration.
(c) If a county or city and county fails to provide necessary and
suitable facilities as described in subdivision (b), the court shall
give notice of a specific deficiency. If the county or city and
county then fails to provide necessary and suitable facilities
pursuant to this section, the court may direct the appropriate
officers of the county or city and county to provide the necessary
and suitable facilities. The expenses incurred, certified by the
judge or judges to be correct, are a charge
against the county or city and county treasury and shall be paid out
of the general fund.
(d) Prior to the construction of new court facilities or the
alteration, remodeling, or relocation of existing court facilities, a
county or city and county shall solicit the review and comment of
the judge or judges of the court affected
regarding the adequacy and standard of design, and that review and
comment shall not be disregarded without reasonable grounds.
(e) For purposes of this section, "facilities" means: (1) rooms
for holding superior and municipal court, (2) the
chambers of the judges of the court, (3) rooms for the attendants of
the court, and (4) sufficient heat, ventilation, air-conditioning,
light, and fixtures for those rooms and chambers.
(f) This section shall not be construed as authorizing a county, a
city and county, a court, or the state to supply to the official
reporters of the courts stenography, stenotype, or other shorthand
machines; nor as authorizing the supply to the official reporters of
the courts, for use in the preparation of transcripts, of
typewriters, transcribing equipment, supplies, or other personal
property.
SEC. 233. Section 68074.1 of the Government Code is amended to
read:
68074.1. The seal of any superior or municipal
court may be affixed by a seal press or stamp which will print or
emboss a seal which will reproduce legibly under photographic
methods.
SEC. 234. Section 68077 of the Government Code is repealed.
68077. The municipal court of every judicial district or
consolidated city and county may use any seal having upon it
"Municipal Court ____," with the name of the judicial district or
consolidated city and county inserted.
SEC. 235. Section 68082 of the Government Code is amended to read:
68082. During his Except as otherwise
provided by law, during the officer's continuance in office, a
court commissioner, judge of a court of record ,
or county clerk court executive or
administrative officer shall not practice law in any court of
this state or act as attorney, agent, or solicitor in the prosecution
of any claim or application for lands, pensions, patent rights, or
other proceedings before any department of the state or general
government or courts of the United States. As used in this section,
the practice of law includes being in partnership or sharing fees,
commissions, or expenses in the practice of law with any person
acting as an attorney in this state.
SEC. 236. Section 68083 of the Government Code is repealed.
68083. (a) Upon the occurrence of a vacancy in a municipal court
judgeship, other than the sole remaining municipal court judgeship
for the county, if the Governor
finds there are sufficient funds for the conversion of a
municipal court judgeship into a superior court judgeship and finds
that the administration of justice would be advanced by such a
conversion, the number of municipal court judges for the county shall
then be reduced by one and the number of superior court judges for
the county shall be increased by one. Prior to making a
determination, the Governor shall consider the following factors:
(1) The geographic separation of the two courts.
(2) The fiscal impact of the conversion.
(3) The existence of a coordination plan approved pursuant to
Section 68112 that permits blanket cross-assignment of superior court
judges and municipal court judges to assist in the timely processing
of cases before all of the courts in the county.
(b) For purposes of this section, a vacancy in a municipal court
judgeship shall be deemed to occur only upon the appointment or
election of a municipal court judge to another office, or to a court
other than a superior court judgeship that was created within three
years pursuant to this section, upon the removal or death of the
municipal court judge holding that judgeship, or upon the resignation
or retirement of a municipal court judge who has reached the age of
retirement.
(c) The Governor's finding shall become effective when signed by
the Governor.
(d) When a finding by the Governor that a position should be
reallocated takes effect, the Judicial Council shall reallocate to
the superior court the funding in support of the municipal court
salary and the chamber staff positions as well as any other required
funding.
SEC. 237. Section 68086 of the Government Code is amended to read:
68086. (a) The following provisions apply in superior court:
(1) In addition to any other trial court fee required in civil
cases, a fee equal to the actual cost of providing that service shall
be charged per one-half day of services to the parties, on a pro
rata basis, for the services of an official reporter on the first and
each succeeding judicial day those services are required.
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court at the beginning of the second and each
succeeding day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time during either the morning or afternoon court
session.
(4) The costs for the services of the official reporter shall be
recoverable as taxable costs at the conclusion of trial.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That parties are given adequate and timely notice of the
availability of an official reporter.
(B) That if an official reporter is not available, a party may
arrange for the presence of a certified shorthand reporter to serve
as an official pro tempore reporter pro
tempore , the costs therefore therefor
recoverable as provided in paragraph (4).
(C) That if the services of an official pro tempore
reporter pro tempore are utilized pursuant to
this section, no other charge will be made to the parties.
(b) The following provisions apply in municipal court:
(1) In addition to any other trial court fee required in civil
cases, a fee equal to the actual cost of providing that service shall
be charged per one-half day of services to the parties, on a pro
rata basis, for For purposes of this section,
"services of an official reporter" includes official reporting
services on the first and each succeeding judicial day those
services are required .
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court at the beginning of the second and each
succeeding day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time during either the morning or afternoon court
session.
(4) The costs for the official reporting services shall be
recoverable as taxable costs at the conclusion of trial.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That litigants receive adequate information about any change
in the availability of official reporting services.
(B) That if official reporting services are not available, a party
may arrange for the presence of a certified shorthand reporter to
serve as an official pro tempore reporter, the costs therefore
recoverable as provided in paragraph (4).
(C) That if the services of a pro tempore reporter are utilized
because official reporting services are unavailable, no other charge
will be made to the parties for recording the proceeding.
SEC. 238. Section 68090.7 of the Government Code is amended to
read:
68090.7. In any county that has established a fee pursuant to
Sections 26863 and 72054, the fee shall only apply to the following
filings in each civil action or proceeding:
(a) The first paper and papers transmitted from another court, as
specified in Sections 26820.4 and 72055.
(b) The first paper on behalf of an adverse party, as specified in
Sections 26826 and 72056.
(c) A petition or other paper in a probate, guardianship, or
conservatorship matter as specified by Section 26827.
The fee shall not apply to adoptions, appeals from a
municipal to the appellate division of the superior
court, or motions.
Except as otherwise specified by law, all fees collected under
this section shall be deposited into the trial court operations fund
of the county established pursuant to Section 77009, and an amount
equal thereto shall be used exclusively to pay the costs of
automating the court clerk and trial court recordkeeping system or
converting the trial court document system to micrographics, or both.
SEC. 239. Section 68093 of the Government Code is amended to read:
68093. Except as otherwise provided by law, witness' fees for
each day's actual attendance, when legally required to attend a civil
action or proceeding in the superior and municipal
courts, are thirty-five dollars ($35) a day and mileage
actually traveled, both ways, twenty cents ($0.20) a mile.
SEC. 240. Section 68096 of the Government Code is repealed.
68096. In Tuolumne County, witnesses when legally required to
attend upon the superior court in criminal cases and upon the
juvenile court in juvenile court matters, shall be paid six dollars
($6) a day for each day's actual attendance, and twelve cents ($0.12)
for each mile actually traveled. The county clerk shall certify to
the auditor the number of days' attendance and the number of miles
traveled by each witness. The auditor shall draw his warrant for the
fees and mileage due the witness, and the treasurer shall pay the
warrant.
SEC. 241. Section 68098 of the Government Code is amended to read:
68098. Witness' fees in criminal cases in superior and
municipal courts are charges against the same funds as
jurors' fees in such cases.
SEC. 242. Section 68105 of the Government Code is amended to read:
68105. Notwithstanding any other provision of law to the
contrary, the Supreme Court, any court of appeal, or any
superior court, or any municipal court may appoint
as an official phonographic reporter or as an
official phonographic reporter pro tempore a
person who has declared his the
intention to become a citizen and who is a certified shorthand
reporter.
"A person who has declared his the
intention to become a citizen," as used in this section, means a
person who has either (1) filed the declaration of intention to
become a citizen of the United States, or petition for
naturalization, or comparable document prescribed by federal law or
(2) filed an affidavit with the court, in the form prescribed by the
court, that he the person will, at the
first opportunity at which the applicable federal law permits, file
such a declaration of intention to become a citizen of the United
States, petition for naturalization, or comparable document. If the
court determines that an individual who has filed under alternative
(2) of the preceding sentence, has, without good cause, failed at the
first opportunity provided under federal law to file one of the
specified documents prescribed by federal law, it shall forthwith
revoke the appointment.
SEC. 243. Section 68108 of the Government Code is amended to read:
68108. (a) With respect to the superior and municipal
courts, to the extent that the county's Consolidated
To the extent that a Memorandum of Understanding for
county trial court employees designates certain
days as unpaid furlough days for employees assigned to regular
positions in the superior and municipal courts, including
all superior court, municipal court, and county employees assigned to
the courts, the courts court, the court shall
not be in session on those days except as ordered by the presiding
judge upon a finding by the presiding judge of a judicial emergency
as defined in Chapter 1.1 (commencing with Section 68115). On these
furlough days, although the clerk's office shall not be open to the
public, each court shall permit documents to be filed at a drop box
pursuant to subdivision (b), and an appropriate judicial officer
shall be available to conduct arraignments and examinations as
required pursuant to Section 825 of the Penal Code, and to sign any
necessary documents on an emergency basis.
(b) A drop box shall provide for an automated, official time and
date stamping mechanism or other means of determining the actual date
on which a document was deposited in the drop box.
SEC. 244. Section 68114.8 of the Government Code is repealed.
68114.8. Notwithstanding Section 69906, in the Superior Court of
San Bernardino County, the official court reporters shall be
compensated at Step E of the range set forth in the San Bernardino
County code for court reporters, unless determined otherwise by a
majority of the judges of the superior court. Effective pay period
one of each year, official court reporters will be credited with 160
hours of vacation leave time for the reporters' immediate use.
Official court reporters who are hired after the beginning of pay
period one shall be credited with vacation leave hours on a pro rata
basis. Official court reporters who terminate after the beginning of
pay period one shall reimburse the county for vacation time used in
excess of the pro rata amount earned while employed during the year.
Amounts reimbursable may be deducted from court reporter
compensation which is payable after notice is given by the court
reporter of termination. Official court reporters in regular
positions budgeted less than 80 hours per pay period or in job-share
positions shall receive vacation accumulation on a pro rata basis.
SEC. 245. Section 68115 of the Government Code is amended to read:
68115. When war, insurrection, pestilence, or other public
calamity, or the danger thereof, or the destruction of or danger to
the building appointed for holding the court, renders it necessary,
or when a large influx of criminal cases resulting from a large
number of arrests within a short period of time threatens the orderly
operation of a superior court within a specified
county or judicial district , the presiding judge
, or if there is none, the sole judge of the superior or municipal
court, may request and the Chair of the Judicial Council
may, notwithstanding any other provision of law, by order authorize
the court to do one or more of the following:
(a) Hold sessions anywhere within the county.
(b) Transfer civil cases pending in the court to another
court in the county which has jurisdiction of the subject matter.
(c) Transfer civil cases pending trial in the court to a
superior court having jurisdiction of the
subject matter in an adjacent county. No such transfer
shall be made pursuant to this subdivision except with the consent of
all parties to the case or upon a showing by a party that extreme or
undue hardship would result unless the case is transferred for
trial. Any civil case so transferred shall be integrated into the
existing caseload of the court to which it is transferred pursuant to
rules to be provided by the Judicial Council.
(d) Suspend subdivisions (d), (e), and (f) of Section 199 of the
Code of Civil Procedure relating to competency to act as a juror when
suspension is necessary to obtain a sufficient number of jurors.
(e) After exhausting its own jury panel, draw jurors who reside
within the judicial district from the jury panel of the superior
court in the county, and thereafter, after exhausting that source,
draw jurors from the remainder of the jury panel of the superior
court in the county or from jury panels of any other municipal court
in the county.
(f)
(c) Within the affected county during a state of emergency
resulting from a natural or human-made disaster proclaimed by the
President of the United States or by the Governor pursuant to Section
8625 of the Government Code, extend the time period provided in
Section 825 of the Penal Code within which a defendant charged with a
felony offense shall be taken before a magistrate from two
days 48 hours to not more than seven days, with
the number of days to be designated by the Chair of the Judicial
Council. This authorization shall be effective for 30 days unless it
is extended by a new request and a new order.
(g)
(d) Extend the time period provided in Section 859b of the
Penal Code for the holding of a preliminary examination from 10
court days to not more than 15 days.
(h)
(e) Extend the time period provided in Section 1382 of the
Penal Code within which the trial must be held by not more than 30
days, but the trial of a defendant in custody whose time is so
extended shall be given precedence over all other cases.
(i)
(f) Within the affected area of a county during a state of
emergency resulting from a natural or human-made disaster proclaimed
by the President of the United States or by the Governor pursuant to
Section 8625 of the Government Code, extend the time period provided
in Sections 632 and 637 of the Welfare and Institutions Code within
which a minor shall be given a detention hearing, with the number of
days to be designated by the Chair of the Judicial Council. The
extension of time shall be for the shortest period of time necessary
under the circumstances of the emergency, but in no event shall the
time period within which a detention hearing must be given be
extended to more than seven days. This authorization shall be
effective for 30 days unless it is extended by a new request and a
new order. This subdivision shall apply only where the minor has
been charged with a felony.
(j)
(g) Within the affected county during a state of emergency
resulting from a natural or human-made disaster proclaimed by the
President of the United States or by the Governor pursuant to Section
8625 of the Government Code, extend the time period provided in
Section 657 of the Welfare and Institutions Code within which an
adjudication on a juvenile court petition shall be held by not more
then 15 days, with the number of days to be designated by the Chair
of the Judicial Council. This authorization shall be effective for
30 days unless it is extended by a new request and a new order. This
subdivision shall apply only where the minor has been charged with a
felony.
SEC. 246. Section 68152 of the Government Code is amended to read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:
(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and any renewals, then retain the restraining or
other orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and any
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
(8) Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: seven years.
(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, or 23109 of the Vehicle Code: five years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), or (e) of Section 11357 of the Health and Safety Code,
or subdivision (b) of Section 11360 of the Health and Safety Code in
accordance with the procedure set forth in Section 11361.5 of the
Health and Safety Code: records shall be destroyed two years from
the date of conviction or from the date of arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
(10) Infraction, except as otherwise specified: three years.
(11) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
(3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching
age 21 or five years after jurisdiction over the person has
terminated under subdivision (c) of Section 826 of the Welfare and
Institutions Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
upon reaching age 18 the records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate division of the superior court:
five years.
(j) Other records.
(1) Applications in forma pauperis: any time after the
disposition of the underlying case.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been
taken in criminal and juvenile proceedings and five years after the
notes have been taken in all other proceedings, except notes
reporting proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
(8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after
final disposition of the case in infraction and misdemeanor
proceedings, 10 years in all other criminal proceedings, and five
years in all other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time
either before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court other
than in a limited civil case misdemeanor case, or infraction
case : retain permanently.
(13) Judgments within the jurisdiction of the municipal
court or of the superior court in a limited civil case
in misdemeanor cases, infraction cases, and limited civil cases
: same period as period for retention of the records in the
underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
(k) Retention of any of the court records under this section shall
be extended as follows:
(1) By order of the court on its own motion, or on application of
a party or any interested member of the public for good cause shown
and on such terms as are just. No fee shall be charged for making
the application.
(2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
SEC. 247. Section 68202 of the Government Code is amended to read:
68202. Effective January 1, 1985, the annual salary of each of
the following judges is the amount indicated opposite the name of the
office:
(a) Judge of the superior
court, seventy-two thousand seven hundred sixty-three dollars
($72,763).
(b) Judge of a municipal court, sixty-six thousand four hundred
forty-nine dollars ($66,449).
SEC. 248. Section 68206.2 of the Government Code is amended to
read:
68206.2. (a) On and after January 1, 1990, the state shall
reimburse each small county which is not an option county under the
Brown-Presley Trial Court Funding Act (Chapter 12 (commencing with
Section 77000) of this title), for the cost of salary and per diem
for any substitute judge assigned to replace a judge disqualified
from acting as a judge while there is pending a recommendation to the
Supreme Court by the Commission on Judicial Performance for removal
or retirement of the judge pursuant to subdivision (a) of Section 18
of Article VI of the California Constitution, beginning with the
salary and per diem for the seventh month following the
disqualification.
(b) For purposes of this section, a "small county" is one which
has a total of nine or fewer superior and municipal
court judges.
SEC. 249. Section 68520 of the Government Code is repealed.
68520. (a) On or before January 31, 1992, each superior,
municipal, and justice court shall provide the Judicial Council with
complete information regarding the number, classification, salary,
and benefits of every officer and employee of the court who is
involved in performing court operations, as defined in Section 77003.
(b) On or before July 1, 1992, the Judicial Council shall report
to the Legislature its findings and recommendations on the
disposition of trial court employees, including the possibility of
continuing them as county employees for purposes of compensation and
benefits, under the eventual state assumption of trial court funding.
The Judicial Council shall also recommend methods of limiting
increases in court employee compensation beyond that of comparable
state employees. The goals of the recommendations shall be (1)
uniformity, (2) equity, and (3) cost control. The study shall
include the participation of three representatives selected by labor
organizations representing court employees.
(c) It is the intent of the Legislature that existing provisions
pertaining to court employees, including, but not limited to,
collective bargaining, merit systems, pensions, and other benefits
shall remain in effect until July 1, 1993.
SEC. 250. Section 68525 of the Government Code is amended to read:
68525. (a) The board of supervisors
superior court of each county may require each official
reporter and official temporary reporter pro
tempore to:
(1) Maintain records of transcript production and related income
and expenses for inspection and auditing.
(2) Submit annual reports derived from the records, with a
verification of their accuracy.
(b) The reports shall be submitted in sealed envelopes to a
designated official and shall be reviewed only by those persons
having authority to inspect and audit the records and reports. The
records and reports of each reporter shall be confidential and shall
be reviewed only to derive composite data for setting a base salary
for the official reporters and official temporary
reporters pro tempore of each court. The composite data
shall be a matter of public record.
(c) Each such annual report shall include the following
information:
(1) The quantity and types of transcripts prepared by the official
reporters and official reporters pro tempore during the reporting
period.
(2) The fees charged and the fees collected for such transcripts.
(3) Expenses incurred by the reporters in connection with the
preparation of such transcripts.
(4) The amount of time the reporters have spent in attendance upon
the courts for the purpose of reporting proceedings, and the
compensation received for this purpose.
SEC. 251. Section 68540 of the Government Code is repealed.
68540. The state shall pay the additional compensation of a judge
of a municipal court assigned to a superior court.
SEC. 252. Section 68542 of the Government Code is repealed.
68542. The expenses for travel, board, and lodging of each judge
assigned to a superior or municipal court in a county other than that
in which he or she regularly sits shall be paid by the state under
the rules adopted by the Board of Control which are applicable to
officers of the state provided for in Article VI of the California
Constitution while traveling on official state business.
SEC. 253. Section 68542.5 of the Government Code is repealed.
68542.5. Any judge of a superior or municipal court sitting in
another court in the same county under assignment by the Chair of the
Judicial Council shall receive from such county the amount of actual
and necessary traveling expenses incurred while traveling between
home and the courtroom unless the courtrooms are within five miles of
each other.
SEC. 254. Section 68546 of the Government Code is repealed.
68546. If the Chair of the Judicial Council assigns a judge of a
municipal court in a county to sit on the superior court of the same
county, the presiding judge of the municipal court may, with the
consent of the presiding judge of the superior court, also assign the
court reporter, deputy clerk and deputy marshal, or any of them, of
the municipal court from which that judge is assigned to act as court
reporter, deputy clerk and deputy sheriff, respectively, for the
superior court during the period for which the judge is assigned.
During the period for which the court reporter, deputy clerk, or
deputy marshal is assigned, they shall receive the same salary as a
court reporter, deputy clerk, or deputy sheriff, respectively, for
the superior court. If there be no presiding judge, the senior or
sole judge may make or consent to the assignment of the attaches.
This section shall not apply to the assignment of the deputy clerk or
deputy marshal in any county until the board of supervisors by
ordinance has adopted its provisions. An ordinance is not required
where the deputy clerk and deputy marshal consent to serve as part of
their regular duties without additional compensation.
SEC. 255. Section 68551 of the Government Code is amended to read:
68551. The Judicial Council is authorized to conduct institutes
and seminars from time to time, either regionally or on a statewide
basis, for the purpose of orienting judges to new judicial
assignments, keeping them informed concerning new developments in the
law and promoting uniformity in judicial procedure. Such institutes
and seminars shall include, without being limited thereto,
consideration of juvenile court proceedings, sentencing practices in
criminal cases and the handling of traffic cases. Actual
and necessary expenses incurred by superior and municipal court
judges at any such institute or seminar shall be a charge against the
county to the extent that funds are available therefor.
SEC. 256. Section 68562 of the Government Code is amended to read:
68562. (a) The Judicial Council shall designate the languages for
which certification programs shall be established under subdivision
(b). The language designations shall be based on (1) the courts'
needs as determined by the language and interpreter use and need
studies under Section 68563, (2) the language needs of
non-English-speaking persons in the courts, and (3) other information
the Judicial Council deems relevant.
(b) By July 1, 1996, the Judicial Council shall approve one or
more entities to certify Spanish language interpreters and
interpreters for as many other languages designated under subdivision
(a) as practicable by that date. The Judicial Council may give
provisional approval to an entity to examine interpreters and
establish a list of recommended court interpreters pending final
approval of one or more certification entities. Certification
entities may include educational institutions, testing organizations,
joint powers agencies, or public agencies.
The Judicial Council shall adopt and publish guidelines,
standards, and procedures to determine which certification entities
will be approved to test and certify interpreters.
(c) The Judicial Council shall develop and implement procedures to
administer the list of recommended court interpreters previously
established by the State Personnel Board and the list established by
an entity provisionally approved under subdivision (b).
The Judicial Council shall develop procedures and standards for
certifying without reexamination interpreters on the list of
recommended court interpreters (1) previously established by the
State Personnel Board, or (2) established by an entity provisionally
approved under subdivision (b). Certification of these interpreters
shall be based on criteria determined by the Judicial Council, such
as recent interpreting experience, performance in court or at
administrative hearings, training, and continuing education.
(d) The Judicial Council shall adopt standards and requirements
for interpreter proficiency, continuing education, certification
renewal, and discipline. The Judicial Council shall adopt standards
of professional conduct for court interpreters.
(e) The Judicial Council shall adopt programs for interpreter
recruiting, training, and continuing education and evaluation to
ensure that an adequate number of interpreters is available and that
they interpret competently.
(f) The Judicial Council shall establish guidelines for fees or
shall set and charge fees for applications to take the court
interpreter examinations, for renewal of certifications, for
certification of interpreters on the list of recommended court
interpreters, for maintaining interpreters on the recommended list
until January 1, 1996, and for other functions and services provided
under this article. All fees and other revenues received by the
Judicial Council under this article shall be transferred promptly to
the Controller, and shall be placed in the Court Interpreters' Fund,
which is hereby created, the moneys in which shall be available to
carry out the purposes of this article upon appropriation by the
Legislature.
(g) Each superior and municipal court may adopt
local rules to impose additional requirements, standards,
examinations, and programs as necessary for equity or to recognize
local conditions.
SEC. 257. Section 68611 of the Government Code is repealed.
68611. The Judicial Council shall collect and maintain
statistics, and shall publish them at least on an annual basis,
regarding the compliance of each court in the exemplary delay
reduction program with the standards for timely disposition adopted
pursuant to Section 68603, with the policies and requirements of this
article, and regarding the cases assigned to the judges of each
program. On or before July 1, 1991, the Judicial Council shall
report to the Legislature on the results of the exemplary delay
reduction program and recommend whether the requirements of Section
68607 should be applied to the superior or municipal courts of the
state.
This section shall cease to be operative on July 1, 1992.
SEC. 258. Section 68618.5 of the Government Code is repealed.
68618.5. Notwithstanding any other provision of law, the Superior
Courts of Sonoma, Humboldt, Napa, Yolo, Fresno, San Joaquin, and
Santa Barbara Counties may establish exemplary delay reduction
programs and adopt local delay reduction rules pursuant to this
article. These rules are not subject to subdivision (b) of Section
68619.
This section shall cease to be operative on July 1, 1992.
SEC. 259. Section 68620 of the Government Code is amended to read:
68620. (a) Operative July 1, 1992, each municipal
Each superior court shall establish a delay
reduction program for limited civil cases in consultation
with the local bar that is consistent with the provisions of this
article. In its discretion, the Judicial Council may assist in the
development of, or may develop and adopt, any or all procedures,
standards, or policies for a delay reduction program in
municipal and justice for limited civil cases in
superior courts on a statewide basis which are consistent with
the provisions of the Trial Court Delay Reduction Act.
(b) Actions and proceedings subject to the provisions of Chapter
5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the
Code of Civil Procedure or provisions of Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure
shall not be assigned to or governed by the provisions of any delay
reduction program established pursuant to the section.
(c) It is the intent of the Legislature that the civil discovery
in actions and proceedings subject to a program established pursuant
to Article 2 (commencing with Section 90) of Chapter 5 of Title 1 of
Part 1 of the Code of Civil Procedure shall be governed by the times
and procedures specified in that article. Civil discovery in these
actions and proceedings shall not be affected by the provisions of
any delay reduction program adopted pursuant to this section.
SEC. 260. Section 69508.5 of the Government Code is amended to
read:
69508.5. (a) In courts with two judges a presiding judge shall be
selected by the judges each calendar year and the selection should
be on the basis of administrative qualifications and interest.
(b) If a selection cannot be agreed upon, then the office of
presiding judge shall be rotated each calendar year between the two
judges, commencing with the senior judge. If the judges are of equal
seniority, the first presiding judge shall be selected by lot.
(c) Notwithstanding subdivisions (a) and (b), the Judicial Council
may provide by rule of court for the qualifications of the presiding
judge.
(d) In a court with one judge, whether as the result of a vacancy
in a judgeship or otherwise, a reference in a statute to the
presiding judge means the sole judge of the court.
SEC. 261. Section 69510 of the Government Code is amended to read:
69510. A majority of the judges of a superior court may order
sessions of the court to be held at any place where a
municipal court holds sessions within the county or, in a county in
which there is no municipal court, where there is a court
facility. The order shall be filed with the county
clerk of the court and published as the judges
may prescribe.
SEC. 262. Section 69510.5 of the Government Code is amended to
read:
69510.5. Notwithstanding any other provision of law, a majority
of the judges of the Orange County Superior Court may, upon a finding
that no suitable additional facilities exist in the county seat or
where municipal courts hold other locations
where the court regularly holds sessions, order sessions of the
court to be held at any location within the county.
SEC. 263. Section 69510.6 of the Government Code is amended to
read:
69510.6. Notwithstanding any other provision of law, a majority
of the judges of the San Mateo County Superior Court may, upon a
finding that no suitable additional facilities exist in the county
seat or where municipal courts hold other
locations where the court holds sessions, order sessions of the
court to be held at Crestmoor High School in San Bruno, California.
SEC. 264. Section 69580 of the Government Code is amended to read:
69580. In the County of Alameda there shall be 35
are 69 judges of the superior court.
SEC. 265. Section 69580.3 is added to the Government Code, to
read:
69580.3. In the County of Alpine there are two judges of the
superior court.
SEC. 266. Section 69580.7 is added to the Government Code, to
read:
69580.7. In the County of Amador there are two judges of the
superior court.
SEC. 267. Section 69581 of the Government Code is amended to read:
69581. In the County of Butte there shall be six
are 10 judges of the superior court.
SEC. 268. Section 69581.3 is added to the Government Code, to
read:
69581.3. In the County of Calaveras there are two judges of the
superior court.
SEC. 269. Section 69581.7 is added to the Government Code, to
read:
69581.7. In the County of Colusa there are two judges of the
superior court.
SEC. 270. Section 69582 of the Government Code is amended to read:
69582. In the County of Contra Costa there are 19
33 judges of the superior court.
SEC. 271. Section 69582.3 is added to the Government Code, to
read:
69582.3. In the County of Del Norte there are two judges of the
superior court.
SEC. 272. Section 69582.5 of the Government Code is amended to
read:
69582.5. In the County of El Dorado there shall be three
are six judges of the superior court.
SEC. 273. Section 69583 of the Government Code is amended to read:
69583. In the County of Fresno there shall be 18
are 36 judges of the superior court.
SEC. 274. Section 69583.5 is added to the Government Code, to
read:
69583.5. In the County of Glenn there are two judges of the
superior court.
SEC. 275. Section 69584 of the Government Code is amended to read:
69584. In the County of Humboldt there shall be three
are seven judges of the superior court.
SEC. 276. Section 69584.5 of the Government Code is amended to
read:
69584.5. In the County of Imperial there shall be four
are nine judges of the superior court.
SEC. 277. Section 69584.7 is added to the Government Code, to
read:
69584.7. In the County of Inyo there are two judges of the
superior court.
SEC. 278. Section 69585 of the Government Code is amended to read:
69585. In the County of Kern there shall be 16
are 33 judges of the superior court.
SEC. 279. Section 69585.5 of the Government Code is amended to
read:
69585.5. In the County of Kings there are three
seven judges of the superior court.
SEC. 280. Section 69585.7 of the Government Code is amended to
read:
69585.7. In the County of Lake there shall be one judge
of the superior court; provided, that at such time as the board of
supervisors finds there are sufficient funds for two judges and
adopts a resolution to that effect, there shall be two
are four judges of the superior court.
SEC. 281. Section 69585.9 is added to the Government Code, to
read:
69585.9. In the County of Lassen there are two judges of the
superior court.
SEC. 282. Section 69586 of the Government Code is amended to read:
69586. In the County of Los Angeles there are 239
429 judges of the superior court , any
one or more of whom may hold court .
SEC. 283. Section 69587 of the Government Code is amended to read:
69587. In the County of Madera there are three
seven judges.
SEC. 284. Section 69588 of the Government Code is amended to read:
69588. In the County of Marin there shall be six
are 10 judges.
SEC. 285. Section 69588.3 is added to the Government Code, to
read:
69588.3. In the County of Mariposa there are two judges of the
superior court.
SEC. 286. Section 69588.7 is added to the Government Code, to
read:
69588.7. In the County of Mendocino there are eight judges of the
superior court.
SEC. 287. Section 69589 of the Government Code is amended to read:
69589. In the County of Merced there shall be three
are six judges of the superior court.
SEC. 288. Section 69589.3 is added to the Government Code, to
read:
69589.3. In the County of Modoc there are two judges of the
superior court.
SEC. 289. Section 69589.7 is added to the Government Code, to
read:
69589.7. In the County of Mono there are two judges of the
superior court.
SEC. 290. Section 69590 of the Government Code is amended to read:
69590. In the County of Monterey there shall be eight
are 18 judges of the superior court.
SEC. 291. Section 69590.5 of the Government Code is amended to
read:
69590.5. In the County of Napa there shall be two
are six judges of the superior court ;
provided, that at such time as the board of supervisors finds, on or
after January 1, 1984, that there are funds for an additional
superior court judge and adopts a resolution to that effect, there
shall be three judges .
SEC. 292. Section 69590.7 of the Government Code is amended to
read:
69590.7. In the County of Nevada there are three
six judges of the superior court.
SEC. 293. Section 69591 of the Government Code is amended to read:
69591. In the County of Orange there are 62
109 judges of the superior court.
SEC. 294. Section 69591.3 is added to the Government Code, to
read:
69591.3. In the County of Placer there are nine judges of the
superior court.
SEC. 295. Section 69591.7 is added to the Government Code, to
read:
69591.7. In the County of Plumas there are two judges of the
superior court.
SEC. 296. Section 69592 of the Government Code is amended to read:
69592. In the County of Riverside there are 27
49 judges of the superior court.
SEC. 297. Section 69593 of the Government Code is amended to read:
69593. In the County of Sacramento there are 35
52 judges of the superior court.
SEC. 298. Section 69593.5 is added to the Government Code, to
read:
69593.5. In the County of San Benito there are two judges of the
superior court.
SEC. 299. Section 69594 of the Government Code is amended to read:
69594. In the County of San Bernardino there are 33
60 judges of the superior court.
SEC. 300. Section 69595 of the Government Code is amended to read:
69595. In the County of San Diego there are 72
128 judges of the superior court.
SEC. 301. Section 69595.5 of the Government Code is amended to
read:
69595.5. (a) Notwithstanding the provisions of Article
5 (commencing with Section 69740) of Chapter 5 of Title 8, in the
County of San Diego, one or more judges of the superior court shall
hold concurrent daily sessions in the City of Vista, two or more
judges of the superior court shall hold concurrent daily sessions in
the City of El Cajon, and one judge of the superior court shall hold
concurrent daily sessions within the former South Bay
Municipal Court District.
(b) For purposes of this section, the portion of the City of San
Diego lying south of the City of Chula Vista and the portion of the
City of San Diego lying within San Diego Bay south of a westerly
continuation of the northern boundary of National city to the point
of intersection with the eastern boundary of the City of Coronado are
part of the former South Bay Municipal Court District.
SEC. 302. Section 69596 of the Government Code is amended to read:
69596. In the City and County of San Francisco there are
30 50 judges of the superior court ,
any one or more of whom may hold court .
SEC. 303. Section 69598 of the Government Code is amended to read:
69598. In the County of San Joaquin there are 14
26 judges of the superior court.
SEC. 304. Section 69598.5 is added to the Government Code, to
read:
69598.5. In the County of San Luis Obispo there are 11 judges of
the superior court.
SEC. 305. Section 69599 of the Government Code is amended to read:
69599. In San Mateo County there are 16
26 judges of the superior court. However, at such
time as the board of supervisors finds there are sufficient funds for
an additional judge and adopts a resolution to that effect, there
shall be 17 judges of the superior court.
SEC. 306. Section 69599.5 of the Government Code is amended to
read:
69599.5. (a) In the County of Santa Barbara
there shall be 10 are 19 judges of the
superior court.
(b) Notwithstanding Section 247 of the Welfare and Institutions
Code, no juvenile court referee or referees may be appointed in the
County of Santa Barbara.
SEC. 307. Section 69600 of the Government Code is amended to read:
69600. In the County of Santa Clara there shall be 34
are 79 judges of the superior court.
However, at such time as the Santa Clara County Board of Supervisors
finds that there are sufficient funds for up to 10 additional judges,
and adopts a resolution or resolutions to that effect, there shall
be up to 44 judges of the superior court.
SEC. 308. Section 69600.5 is added to the Government Code, to
read:
69600.5. In the County of Santa Cruz there are 10 judges of the
superior court.
SEC. 309. Section 69601 of the Government Code is amended to read:
69601. In the County of Shasta there shall be five
are nine judges of the superior court.
SEC. 310. Section 69601.3 is added to the Government Code, to
read:
69601.3. In the County of Sierra there are two judges of the
superior court.
SEC. 311. Section 69601.7 is added to the Government Code, to
read:
69601.7. In the County of Siskiyou there are four judges of the
superior court.
SEC. 312. Section 69602 of the Government Code is amended to read:
69602. In the County of Solano there shall be nine
are 16 judges of the superior court.
SEC. 313. Section 69603 of the Government Code is amended to read:
69603. In the County of Sonoma there shall be 10
are 16 judges of the superior court.
SEC. 314. Section 69604 of the Government Code is amended to
read:
69604. In the County of Stanislaus there shall be nine
are 17 judges of the superior court.
SEC. 315. Section 69604.3 is added to the Government Code, to
read:
69604.3. In the County of Sutter there are five judges of the
superior court.
SEC. 316. Section 69604.5 is added to the Government Code, to
read:
69604.5. In the County of Tehama there are four judges of the
superior court.
SEC. 317. Section 69604.7 is added to the Government Code, to
read:
69604.7. In the County of Trinity there are two judges of the
superior court.
SEC. 318. Section 69605 of the Government Code is amended to read:
69605. In the County of Tulare there shall be seven
are 16 judges of the superior court.
SEC. 319. Section 69605.5 of the Government Code is amended to
read:
69605.5. In the County of Tuolumne there shall be one
are four judge of the superior court.
However, at such time, on or after January 1, 1988, as the Board of
Supervisors of the County of Tuolumne finds sufficient funds for two
judges and adopts a resolution to that effect, there shall be two
judges of the superior court.
SEC. 320. Section 69606 of the Government Code is amended to read:
69606. In the County of Ventura there shall be 16
are 28 judges of the superior court.
SEC. 321. Section 69607 of the Government Code is repealed.
69607. In the County of Tehama there shall be two judges of the
superior court.
SEC. 322. Section 69608 of the Government Code is repealed.
69608. In the County of Mendocino there are three judges of the
superior court.
SEC. 323. Section 69609 of the Government Code is repealed.
69609. In the County of Placer there shall be five judges of the
superior court.
SEC. 324. Section 69610 of the Government Code is amended to read:
69610. In the County of Yolo there are five
nine judges of the superior court.
SEC. 325. Section 69611 of the Government Code is amended to read:
69611. In the County of Yuba there shall be three
are five judges of the superior court.
SEC. 326. Section 69613 of the Government Code is repealed.
69613. In the County of San Luis Obispo there are six judges of
the superior court.
SEC. 327. Section 69614 of the Government Code is repealed.
69614. In the County of Santa Cruz there are four judges of the
superior court. However, if the board of supervisors finds that
there are sufficient funds for an additional judge and adopts a
resolution to that effect, there shall be five judges.
SEC. 328. Section 69615 of the Government Code is repealed.
69615. In the County of Sutter there are three judges of the
superior court.
SEC. 329. Section 69648 of the Government Code is repealed.
69648. Whenever, pursuant to this article or Section 68099, in
the assignment of the business of the superior court it becomes
necessary for a judge, clerk, deputy clerk, or court reporter who is
regularly assigned to duty at a location in one district to travel to
another location in the same or another district, for temporary
attendance at a session of the superior court, he shall be allowed
his necessary expenses in going to, returning from, and attending
upon the business of such court. Such expense is a charge against
the treasury of the county and shall be paid out of the general fund.
Whenever a judge of a municipal court within a county is assigned
to sit as a judge of the superior court of the said county, he shall
be regularly assigned to duty at a location within one of the
districts by the presiding judge, and shall thereupon be entitled to
the benefits of this section.
SEC. 330. Section 69649 of the Government Code is amended to read:
69649. When a majority of the judges of the superior court deem
it necessary or advisable, by order filed with the county
clerk of the court and published as they may
prescribe, they may direct that a session of the court be held at
least once a week at any designated place in a district, not less
than 30 miles distant from the nearest regular location of the
sessions of the superior court in that district, measured by airline.
The majority of the judges may limit the type of judicial
proceedings which may be heard by the court at such place to probate,
guardianship, conservatorship, and domestic relations matters,
including but not limited to orders to show cause proceedings in
domestic relations matters.
SEC. 331. Section 69741 of the Government Code is amended to read:
69741. Except as otherwise provided by Section 68099
68115 , each superior court shall hold its
sessions:
(a) At the location or locations in each superior court district
specified by ordinance adopted pursuant to Article 4 (commencing at
Section 69640) of this chapter.
(b) In every county in which such an ordinance is not in effect,
at the county seat and at such other locations, if any, as provided
in this article.
The superior court shall hold regular sessions commencing on the
first Mondays of January, April, July, and October, and special
sessions at such other times as may be prescribed by the
judge or judges of the court, except that in the City and
County of San Francisco the presiding judge shall prescribe the times
of holding such special sessions.
SEC. 332. Section 69743 of the Government Code is amended to read:
69743. By an order filed with the county clerk
of the court and published as a majority of the judges of
the superior court of the county prescribe, such a majority, when it
deems it necessary or convenient, may provide for and direct the
holding of additional sessions in each of the cities described in
Section 69742.
SEC. 333. Section 69744 of the Government Code is amended to read:
69744. When the judge or judges of the
superior court of a county deem it necessary or advisable, by order
filed with the county clerk of the court
and published as he or they prescribe,
he or they may direct that the court be held or
continued:
(a) At any place in the county, not less than 120 miles distant
from the county seat.
(b) At any other city in the county with a population of not less
than 7,000, in which the city hall is not less than 55 miles from the
site of the county courthouse.
(c) At any other city in the county with a population of not less
than 2,200 in which the city hall is not less than 60 miles from the
site of the county courthouse.
SEC. 334. Section 69744.5 of the Government Code is amended to
read:
69744.5. When the judge, or a majority of the
judges , of the superior court deem it necessary
or advisable, by order filed with the county clerk
of the court and published as the judge or
judges prescribe, the judge or judges
may direct that the court be held at least once a week at any
designated place in the county, not less than 45 miles distant from
the county seat, measured by air line. The place designated shall be
within a former judicial district , or former
district in a county in which there is no municipal court,
composed wholly of unincorporated territory, with a population of
more than 40,000 as determined pursuant to Section 71043.
The judge or a A majority of the judges may
limit the type of judicial proceedings which may be heard by the
court at such place to probate matters and matters relating to
domestic relations.
SEC. 335. Section 69750 of the Government Code is repealed.
69750. Whenever, pursuant to this article or subdivision (a) of
Section 68115, in the assignment of the business of the superior
court it becomes necessary for a judge, clerk, deputy clerk, court
reporter, or secretary, who is regularly assigned to duty at the
county seat or at a city outside of the county seat where a session
of the superior court is held to travel to a city other than that to
which such person is regularly assigned for temporary attendance at a
session of the superior court, such persons shall be allowed their
necessary expenses in going to, returning from, and attending upon
the business of such court. Such expense is a charge against the
treasury of the county and shall be paid out of the general fund.
Whenever a judge of a municipal court within a county is assigned
to sit as a judge of the superior court of said county, such judge
shall be regularly assigned to duty at the county seat or at a city
outside the county seat by the presiding judge, and shall thereupon
be entitled to the benefits of this section.
SEC. 336. Section 69753 of the Government Code is repealed.
69753. (a) Notwithstanding any other provision of this code, the
presiding or sole judge of a superior court may, if the session is
held in furtherance of a coordination plan approved under Section
68112 or in the absence of a timely objection in a civil case or
proceeding or with the express consent of the parties in a criminal
action, direct that a session of the court be held at any place in
the county where a municipal court regularly conducts sessions, if:
(1) The judge presiding at the superior court session is a judge
of a municipal court or a retired judge assigned to serve as a
superior court judge under Section 6 of Article VI of the California
Constitution.
(2) The presiding or sole judge of the municipal court has
informed the presiding judge of the superior court that the superior
court session will not interfere with the normal conduct of municipal
court business.
(b) The Judicial Council shall provide by rule for the timely
filing of any objection to hearing a civil matter at a municipal
court location, and for obtaining the consent of the parties in a
criminal action.
SEC. 337. Section 69801 of the Government Code is repealed.
69801. (a) The Board of Supervisors of San Bernardino County may,
with the concurrence of the majority of the judges of the superior
court in the county and the Director of the Department of
Corrections, lease a portion of any institution of the department
located within the county to establish a pilot project for the
purpose of holding extra sessions of the superior court in a facility
located upon the grounds of the institution. The lease agreement
shall be entered into pursuant to Section 14670 of this code for a
period up to 50 years. The facility for housing the superior court
shall be constructed so that it is separate and apart from any
existing facilities of the department. The extra sessions shall not
be held until the facility housing the superior court is completed
and available for occupancy by the court and sufficient funds are
made available for the operation of the court. The costs of the
construction of any facility constructed for such purpose shall be
borne by the county.
(b) The court sessions held pursuant to subdivision (a) shall not
contravene any limitations imposed on the place such court sessions
may be held.
(c) The Judicial Council shall report to the Legislature on the
operation of any court which is holding extra sessions pursuant to
subdivision (a). The report shall be filed not later than the end of
the second calendar year during which the extra sessions have been
held.
SEC. 338. Section 69840 is added to the Government Code, to read:
69840. (a) The clerk of the court shall exercise or perform, in
addition to the powers, duties, and responsibilities provided by
statute, any powers, duties, and responsibilities required or
permitted to be exercised by the county clerk in connection with
judicial actions, proceedings, and records. The county clerk is
relieved of any obligation imposed by law on the county clerk with
respect to these powers, duties, and responsibilities.
(b) A deputy court clerk is subject to the provisions of Article 7
(commencing with Section 1190) of Chapter 1 of Division 4 of Title
1.
SEC. 339. Section 69890 of the Government Code is repealed.
69890. In each county with a population of 300,000 and over, the
judges of the superior court may appoint a secretary, who shall hold
office at their pleasure and perform such duties as may be required
of him by the court or the judges. The salary of the secretary shall
be two hundred fifty dollars ($250) a month. The salary shall be
audited, allowed, and paid out of the general fund of the county.
SEC. 340. Section 69891.1 of the Government Code is repealed.
69891.1. In each county with a population of less than 145,000
and more than 130,000, as determined by the 1960 census, to assist
the court in the transaction of its judicial business, the judges of
the court may appoint one competent judicial secretary skilled in
such work for each judge of the superior court of the county who is
to render such service as the judge may require each day.
The judicial secretary shall be eligible for such retirement,
insurance, or other benefits as may be available to county employees.
The monthly salary, classification, and within-range advancement
of each judicial secretary shall be established and adjusted by
approval of the board of supervisors and a majority of the judges of
the court. The salary shall be allowed, paid, and audited from the
same source and in the same manner as may be required for other
salary demands against the county.
SEC. 341. Section 69891.5 of the Government Code is repealed.
69891.5. In each county with a population of less than 104,000
and more than 103,000, as determined by the 1950 Census, the monthly
salaries of the stenographer or secretary to the judge of the
superior court shall be fixed in the manner prescribed in Section
69892, except that the minimum salary for any stenographer or
secretary to the judge shall be three hundred fifty dollars ($350)
per month.
SEC. 342. Section 69892 of the Government Code is repealed.
69892. In a county having a population of over 82,000 and not
over 1,500,000 as determined by the 1960 federal census, the judge of
the superior court may appoint a secretary and two assistant
secretaries and not to exceed one additional assistant secretary for
each department of the superior court in the county over three. Such
appointees shall be exempt from civil service. The board of
supervisors shall fix the salary of the secretary and assistant
secretaries at rates equivalent to the salary rate of county
employees holding comparable positions under the county civil service
or merit system, or if there is none, at rates equivalent to salary
rate of county employees holding comparable positions. The salary of
the secretary shall not be less than three hundred dollars ($300) a
month and the salary of an assistant secretary shall not be less than
two hundred seventy-five dollars ($275) a month.
SEC. 343. Section 69892.1 of the Government Code is repealed.
69892.1. Notwithstanding any applicable county charter provision
to the contrary, a majority of the judges of the superior court in
any county with a population of over 7,000,000 as determined by the
1980 federal census shall appoint an executive officer/clerk of the
superior court who shall hold office at the pleasure of the court and
shall exercise administrative powers and perform other duties as may
be required of him or her. The court shall fix the qualifications
of the officer and may delegate to that officer any administrative
powers and duties as are now or may hereafter by law be vested in or
required to be exercised by the court. The executive officer/clerk
of the superior court shall prepare an annual report and other
reports as may be directed by the court. The annual salary of the
executive officer/clerk of the superior court shall be as provided in
Section 69894.1. He or she shall be allowed actual traveling and
other necessary expenses while engaged in the discharge of the duties
of his or her office.
SEC. 344. Section 69893.5 of the Government Code is repealed.
69893.5. (a) In each county with a population of 480,000 and not
more than 503,000, as determined by the 1960 Federal Census, the
superior court may establish such titles as are required and, with
the approval of the board of supervisors, may appoint and employ a
court administrator, probate file examiner, master calendar clerk,
legal secretaries, assistants, and other employees as it deems
necessary for the performance of the duties and exercise of the
powers conferred by law upon it and its members. Rates of
compensation of all officers, assistants, and other employees may be
established and adjusted by the board of supervisors.
(b) Notwithstanding any other provision of law, juvenile court
referees appointed pursuant to Section 247 of the Welfare and
Institutions Code and superior court commissioners in this county
shall receive a salary equal to 85 percent of the annual salary for a
superior court judge and shall earn vacation credit at the rate of
6.5 hours for each biweekly pay period of full-time service, except
that a juvenile court referee appointed by the court prior to August
28, 1990, and who has been employed by the county since August 5,
1974, at the time of the appointment shall be entitled to earn
vacation credit at the rate of 7.7 hours for each biweekly pay period
of full-time service.
(c) The presiding judge of the superior and municipal courts may
authorize a court commissioner and juvenile court referees to
exercise all the powers and perform all the duties authorized by law
to be performed by a commissioner of the superior court, a
commissioner of the municipal court appointed pursuant to Section
72190, and a referee of the juvenile court appointed pursuant to
Section 247 of the Welfare and Institutions Code.
SEC. 345. Section 69893.7 of the Government Code is repealed.
69893.7. Notwithstanding any other provision of law, the
following provisions shall apply to the Yolo County superior and
municipal courts.
(a) To assist the court in the performance of its duties and the
exercise of the powers conferred by law upon the court, a majority of
the judges of the superior and municipal courts, with the approval
of the board of supervisors, may establish such job classifications
and may appoint a clerk and such officers, assistants, and employees,
including official court reporters, as necessary. A majority of the
judges of the superior and municipal courts may delegate the
creation of job classifications and the appointment of employees to
the court executive officer. Official court reporters shall hold
office at the pleasure of the appointing officer.
(b) The compensation, including salary, retirement, vacations, and
other benefits, of all Yolo County superior and municipal court
officers and employees may be adjusted by the board of supervisors.
The board of supervisors may extend the management benefits package
to officers, assistants, and employees of the superior and municipal
courts, including judges, on the same basis as it is extended to
other officers and employees of the county. Unless otherwise
provided by law, employees of the superior and municipal courts are
subject to the personnel regulations, memoranda of understanding and
affirmative action plan of the county.
(c) In addition to the official court reporters, the presiding
judge of the superior and municipal courts may appoint as many court
reporters pro tempore as the business of the court requires, who
shall hold office at his or her pleasure. The court reporters pro
tempore shall be unsalaried, but shall be compensated at a rate to be
established by joint action of the board of supervisors and a
majority of the judges of the superior and municipal courts. In
criminal cases, the compensation of the court reporters pro tempore
shall, upon order of the court, be a charge against the general fund
of the county. The presiding judge of the superior and municipal
courts may delegate the appointment of court reporters pro tempore
and the determination of their salary to the court executive officer.
SEC. 346. Section 69894 of the Government Code is repealed.
69894. In the County of Los Angeles, a majority of the judges of
the superior court may appoint the following officers and employees:
Number Title
6 Accountant, SC
1 Accounting Officer II, SC
6 Accounting Technician
2 Administrative Assistant I
4 Administrative Assistant II
3 Administrative Assistant III
19 Administrative Judicial Secretary
13 Administrative Secretary
3 Administrator I, SC
3 Administrator II, SC
2 Administrator III, SC
1 Arbitration/Judicial Assignment
Administrator, SC
38 Assistant Division/District Chief, SC
1 Assistant Head, Office Services
1 Chief Attorney, Planning and Research, SC
1 Chief Clerk
1 Chief, Office and Special Support Services, SC
23 Child Custody Evaluator
2 Computer Equipment Operator, SC
66 Court Commissioner
22 Court Exhibits Custodian
3 Court Facilities and Property Services
Coordinator
351 Court Reporter
59 Court Services Liaison, SC
10 Courtroom Assistant, SC
1 Criminal Courts Coordinator
19 Data Conversion Equipment Operator
1 Data Conversion Supervisor I, SC
1 Data Processing Contracts Administrator, SC
3 Data Processing Manager, SC
3 Deputy Executive Officer, SC
1 Director, Capital Projects/Facilities
Management, SC
3 Director, SC
16 District Jury Coordinator
5 Division Chief, Family Court Services, SC
1 Division Chief, Mental Health Services, SC
14 EDP Programmer Analyst I, SC
7 EDP Programmer Analyst II, SC
13 EDP Senior Programmer Analyst, SC
18 EDP Supervising Programmer Analyst, SC
36 Electronic Recording Monitor
1 Executive Officer/Clerk of the Superior Court
1 Family Law Attorney, SC
1 Family Law Facilitator, SC
1 Finance Officer, Mandatory Expense, SC
8 Financial Evaluator, SC
1 Graphic Artist, SC
2 Head, Staffing Services
1 Intermediate Accountant, SC
3 Interpreter/Court Reporter Assignment Clerk
10 Investigator
297 Judicial Assistant
16 Judicial Assistant Trainee
2 Judicial Secretary
25 Juvenile Traffic Hearing Officer
6 Law Clerk
1 Law Librarian, SC
1 Legal Research Assistant
1 Light Vehicle Driver
1 Manager I, SC
23 Manager II, SC
4 Manager III, SC
11 Mental Health Hearing Referee
393 Office Assistant I
165 Office Assistant II
393 Office Assistant III
38 Office Assistant IV
4 Office Assistant Trainee
3 Office Systems Technician I, SC
3 Office Systems Technician II, SC
19 Paralegal, SC
7 Payroll Technician, SC
4 Personnel Assistant
4 Personnel Technician
1 Principal Counselor
7 Principal Program Analyst
2 Printer I, SC
1 Printer II, SC
1 Printing Production Supervisor, SC
12 Probate Attorney I, SC
1 Probate Attorney II, SC
11 Probate Decree Clerk
1 Procurement Assistant
6 Procurement Assistant II, SC
11 Program Analyst
15 Program Specialist
9 Property Custodian Auditor
1 Public Information Officer, SC
6 Records Assistant
38 Referee
100 Research Attorney
6 Secretary I
36 Secretary II
2 Secretary to the Deputy Executive Officer, SC
1 Secretary to Grand Jury
2 Secretary to Presiding Judge
1 Secretary to the Assistant Presiding Judge, SC
1 Secretary to the Executive Officer/Clerk of the
Superior Court
1 Senior Accountant, SC
2 Senior Administrative Secretary, SC
12 Senior Counselor
4 Senior Court Services Liaison, SC
6 Senior Departmental Personnel Technician
10 Senior Electronic Recording Monitor, SC
1 Senior Employee Relations Representative, SC
44 Senior Family Mediator
53 Senior Judicial Assistant, SC
16 Senior Judicial Secretary
31 Senior Office Assistant I
9 Senior Office Assistant II
8 Senior Personnel Assistant
6 Senior Program Analyst
3 Senior Property Custodian-Auditor
2 Senior Word Processor
1 Special Assistant
1 Special Assistant, Appellate Department, SC
18 Staff Assistant II
2 Stenographic Clerk, Family Law Court
50 Student Professional Worker, SC
30 Student Worker, SC
113 Superior Court Clerk
1 Supervising Computer Operator, SC
3 Supervising Court Exhibits Custodian I
1 Supervising Court Exhibits Custodian II
11 Supervising District Office Clerk
1 Supervising Paralegal, SC
1 Supervising Probate Attorney, SC
1 Supervising Probate Decree Clerk
2 Supervising Research Attorney
1 Supervisor, Computer Support Services, SC
2 Supervisor, Records Section, SC
1 Training Officer, SC
5 Warehouse Worker I, SC
1 Warehouse Worker II, SC
5 Warehouse Worker Aide, M.C., NCS
All personnel appointed pursuant to this article shall serve at
the pleasure of the court and may at any time be removed by the court
in its discretion.
SEC. 347. Section 69894.1 of the Government Code is repealed.
69894.1. (a) Officers and employees of the superior court shall
receive a monthly salary at a rate specified in the Los Angeles
County Code as follows:
Title Schedule
Accountant, SC 74G
Accounting Officer II, SC 81C
Accounting Technician 59J
Administrative Assistant I 63G N2
Administrative Assistant II 73D
Administrative Assistant III 76L
Administrative Judicial Secretary 76C N3
Administrative Secretary 75C
Administrator I, SC R11 N23
Administrator II, SC R12 N23
Administrator III, SC R13 N23
Arbitration/Judicial Assignment Administrator,
SC 88C
Assistant Director, Management Systems, SC R10 N23
Assistant Division/District Chief, SC 86C
Assistant Head, Office Services 71A
Chief Attorney, Planning and Research, SC 101H NW
Chief Clerk 72K
Chief, Management Systems, SC 93E
Chief, Office and Special Support Services, SC 82C
Child Custody Evaluator 87H
Computer Equipment Operator, SC 57K
Computer System Operator, SC 64C
Court Commissioner F $7,606.79
Court Exhibits Custodian 63D
Court Facilities and Property Services
Coordinator 78D
Court Reporter 87G NZ
Court Services Liaison, SC 61H
Courtroom Assistant, SC 63H
Criminal Courts Coordinator R10 N23
Data Conversion Equipment Operator 58G
Data Conversion Supervisor I, SC 63L
Data Processing Contracts Administrator, SC 86K
Data Processing Manager, SC 92A
Deputy Executive Officer, SC R15 N23
Director, Capital Projects/Facilities
Management, SC R12 N23
Director, SC R14 N23
District Jury Coordinator 61A
Division Chief, Family Court Services, SC R9 N23
Division Chief, Mental Health Services, SC R9 N23
EDP Programmer Analyst I, SC 78E N2
EDP Programmer Analyst II, SC 80E N2
EDP Senior Programmer Analyst, SC 85D
EDP Supervising Programmer Analyst, SC 88H
Electronic Recording Monitor 61H
Employee Relations Representative, SC 86C
Executive Officer/Clerk of the Superior Court R18 N23
Family Law Attorney, SC 91K NX
Family Law Facilitator, SC 93K NX
Finance Officer, Mandatory Expense, SC 90B
Financial Evaluator, SC 62G
Graphic Artist, SC 68H
Head, Staffing Services 85E
Intermediate Accountant, SC 80K
Interpreter 61K
Interpreter/Court Reporter Assignment Clerk 73A
Investigator 77G NX
Judicial Administration Specialist, SC 81D N3
Judicial Assistant 73G NX
Judicial Assistant Trainee F $2,505.00
Judicial Secretary 69C N3
Jury Program Coordinator 81E
Juvenile Traffic Hearing Officer 88A
Law Clerk 73D N5
Law Librarian, SC 81E
Legal Research Assistant 62J
Light Vehicle Driver 50C
Manager I, SC R9 N23
Manager II, SC R10 N23
Manager III, SC R11 N23
Mental Health Hearing Referee 87H
Office Assistant I 53A
Office Assistant II 57A
Office Assistant III 59A
Office Assistant IV 61A
Office Assistant Trainee 49A
Office Systems Technician I, SC 70K
Office Systems Technician II, SC 77K
Paralegal, SC 70A NW
Payroll Records Supervisor 69L
Payroll Technician, SC 63F
Personnel Assistant 60K
Personnel Technician 77E
Principal Counselor 86F
Principal Program Analyst 87E
Printer I, SC 58K
Printer II, SC 63H N2
Printing Production Supervisor, SC 73F
Probate Attorney I, SC 100H
Probate Attorney II, SC 102F
Probate Decree Clerk 59G
Procurement Assistant 60B
Procurement Assistant II, SC 67F
Program Analyst 77E
Program Specialist 71J
Property Custodian Auditor 59A
Public Information Officer, SC R10 N23
Records Assistant 59D
Referee FD $349.74
Research Attorney 79D N4
Secretary I 62G
Secretary II 71C
Secretary to Deputy Executive Officer, SC 79C
Secretary to Grand Jury 79B
Secretary to Presiding Judge 87C
Secretary to the Assistant Presiding Judge, SC 81C
Secretary to the Executive Officer/Clerk of the
Superior Court 85C
Senior Accountant, SC 86K
Senior Administrative Secretary, SC 77C
Senior Counselor 83F
Senior Court Services Liaison, SC 69L
Senior Departmental Personnel Technician 81E
Senior Electronic Recording Monitor, SC 69L
Senior Employee Relations Representative, SC 92D
Senior Family Mediator 87H
Senior Judicial Assistant, SC 82D
Senior Judicial Secretary 72C N3
Senior Office Assistant I 64F
Senior Office Assistant II 68C
Senior Personnel Assistant 70G
Senior Probate Decree Clerk 66L
Senior Program Analyst 81E
Senior Property Custodian-Auditor 66E
Senior Word Processor 61G
Special Assistant R8 N23
Special Assistant, Appellate Department, SC 82C
Staff Assistant I 64F
Staff Assistant II 71F
Staff Attorney, Planning and Research, SC 92H NW
Stenographic Clerk, Family Law Court 71G
Student Professional Worker, SC FH $8.80
Student Worker, SC FH $7.28
Superior Court Clerk 73G NX
Supervising Computer Operator, SC 70K
Supervising Court Exhibits Custodian I 67H
Supervising Court Exhibits Custodian II 73L
Supervising District Office Clerk 71G
Supervising Paralegal, SC 76A NX
Supervising Probate Attorney, SC 103J
Supervising Probate Decree Clerk 77J
Supervising Research Attorney 81D
Supervisor, Computer Support Services, SC 76B
Supervisor, Records Section, SC 70K
Training Officer, SC 85E
Warehouse Worker I, SC 58B
Warehouse Worker II, SC 62B
Warehouse Worker Aide, M.C., NCS 56B
Whenever a reference to numbered salary schedules and notes is
made in this section, those found in the Los Angeles County Code,
Title 6, shall apply. Whenever the compensation of superior court
judges is adjusted, the flat rate salaries for court commissioners
and referees shall be adjusted to maintain the salary relationship of
85 percent of the annual compensation of superior court judges.
As defined in the Los Angeles County Code, Section 6.28.030, the
following prefixes are used instead of schedule numbers:
F--Flat rate per month.
FD--Flat rate per day.
FH--Flat rate per hour.
As defined in the Los Angeles County Code, Section 6.28.040, the
following abbreviation is used in conjunction with or instead of
schedule or range numbers:
N--Note (refers to Notes at end of Section 6.28.050).
"R" or "A" indicates a position's inclusion in the County's
Management Appraisal and Performance Plan. The grade number
following the "R" or "A" designation indicates the salary range.
Compensation of these positions is in accordance with Sections
6.08.300 to 6.08.380, inclusive, of the county code.
(b) This section shall become operative on January 1, 2001.
SEC. 348. Section 69894.3 of the Government Code is repealed.
69894.3. Employees of the superior court in each county having a
population of over 2,000,000 shall be entitled to step advancement,
vacation, sick leave, holiday benefits and other leaves of absence
and other benefits as may be directed by rules of the court. Where
statutes require implementation by local ordinances for the extension
of benefits to local officers and employees, these may be made
applicable by rule to court personnel, including but not limited to
jurors, and judges.
These benefits shall also include the same lump sum payments for
sick leave and vacation for the superior court employees when they
are separated from the service as are made to county employees of the
county; except that lump-sum payments to court commissioners when
separated from the service of the superior court shall be limited to
accrued vacation if any, as is provided by local rule of court,
exclusive of accrued sick leave.
Court employees under this section shall have the right to
transfer to other departments in the county government, subject to
the approval of the board of supervisors, the county charter, and
other usual conditions that may be placed upon the transfer,
including, but not limited to, a requirement that the transferee
successfully complete an appropriate civil service examination. The
right of transfer shall not give any employee any additional rights
by reason of his employment with the court, other than those to which
he would have been entitled if the employment had been with a
different department of the county government.
Employment by the court shall be deemed to be employment by the
county, if approved by rule of court, for the purpose of determining
a court employee's rights with respect to a county's ordinances
providing for salary step advancements and other employee benefits
and rights, including, but not limited to, amount of compensation,
vacations, sick leave, and accumulated sick leave.
In any such county attaches may be voluntarily transferred from a
position in one judicial district to a position in another within the
county and promoted or voluntarily demoted from a position in one
judicial district to a position in another within the county in
substantially the same manner as transfers, demotions and promotions
are authorized generally in county departments or between departments
of the county.
Rules of the court may include other matters pertaining to the
general administration of the court, including conditions of
employment of court personnel, including but not limited to jurors
and judges. When rules are adopted by a majority of the judges and
filed with the Judicial Council they shall have the same status as
other rules of court adopted pursuant to Section 68070.
When requested to do so by the court the county shall through the
county civil service commission furnish to the court services as may
be required in connection with the recruitment and employment of
court officers and employees.
SEC. 349. Section 69894.4 of the Government Code is repealed.
69894.4. All of the employees provided for in Section 69894.1 and
judges of the superior court in each county having a population of
over 2,000,000 shall be allowed actual traveling and necessary
expenses incurred while engaged in the duties of their office, which
shall be the same as allowed to officers and employees of such
county. Any expenses for travel outside of the county shall require
the prior approval of the board of supervisors.
Whenever, because of the nature of the duties of any judge or
officer of the court, the board of supervisors determines that the
best interest of the county and the court would be served, it may
assign an automobile in lieu of allowing travel expenses.
The salaries provided for in said Section 69894.1 shall be paid by
the county out of such fund as other salary demands against the
county are paid. The expenses provided for in this section shall be
paid in monthly installments out of the general fund. Salaries and
expenses shall be audited in the same manner as the law requires for
other demands against the county.
SEC. 350. Section 69894.6 of the Government Code is repealed.
69894.6. Notwithstanding Section 69894.1, in the County of Los
Angeles, a majority of the judges of the superior court may appoint
362 court reporters at salary schedule 82F, NZ, N3. The salary
schedule and notes are those found in the Los Angeles County Code,
Title 6. Court reporters shall serve at the pleasure of the court
and may at any time be removed by the court in its discretion.
SEC. 351. Section 69895 of the Government Code is repealed.
69895. In the City and County of San Francisco, the superior
court shall appoint an executive officer who shall act as a secretary
to the judges of the superior court and perform the duties of jury
commissioner pursuant to Section 69893 and all duties of a court
administrator as described in Section 69898.
On the authorization of the judges, the executive officer shall
have an assistant executive officer who shall assist in the
performance of the duties of Sections 69893 and 69898.
The court may delegate to the executive officer any administrative
powers and duties as are now or hereafter by law may be vested in or
required to be exercised by such court.
The salaries of the executive officer and assistant executive
officer shall be paid by the city and county.
SEC. 352. Section 69896 of the Government Code is repealed.
69896. In a county with a population of less than 1,500,000 as
ascertained pursuant to the 1960 federal census where the secretary
for the judges of the superior court is required to perform the
duties of jury commissioner pursuant to Section 69893, the salary of
the secretary shall be fixed by the board of supervisors.
SEC. 353. Section 69897 of the Government Code is amended to read:
69897. The superior court of any county with a
population of over 600,000 and under 900,000 may appoint a probate
commissioner to assist the probate court in disposing of its business
connected with the administration of justice. The person appointed
shall be designated as probate commissioner of such county. He shall
be a citizen of the United States, a resident of this State and have
been admitted to practice before the Supreme Court of this State.
He shall hold office during the pleasure of the courts appointing
him.
The appointment of the probate commissioner shall be made by order
entered in the minutes of the court.
Every subordinate judicial officer appointed as a
probate commissioner so appointed shall be in
attendance at all sessions of the court. He
The probate commissioner shall examine all the files and
proceedings and advise the court on them. He
The probate commissioner shall have the powers and duties
delegated to him by the appointing court, including the powers
conferred on court commissioners by this title or the Code of Civil
Procedure.
SEC. 354. Section 69898 of the Government Code is repealed.
69898. (a) Any superior court may appoint an executive officer
who shall hold office at the pleasure of the court and shall exercise
such administrative powers and perform such other duties as may be
required of him by the court. The court shall fix the qualifications
of the executive officer and may delegate to him any administrative
powers and duties required to be exercised by the court. He shall
supervise the secretaries of the judges of the court and perform, or
supervise the performance of, the duties of jury commissioner. The
salary of the executive officer shall be fixed by the court and shall
be paid by the county in which he serves. Each such position shall
be exempt from civil service laws.
Any superior court may appoint the county clerk as executive
officer, who shall hold office as such executive officer at the
pleasure of the court and shall exercise such administrative powers
and perform such other duties as may be required of such person by
the court.
(b) Any superior court for which a specific authorization to have
an executive or administrative officer has been enacted by the
Legislature may elect to proceed under its specific authorization or
under this section, but not under both.
(c) In every superior court having an executive or administrative
officer appointed under the provisions of this section or under a
specific statutory authorization, that officer has the authority of a
clerk of the superior court.
(d) Notwithstanding any other provision of law, a superior court
having an executive or administrative officer may, by local rule,
specify which of the powers, duties and responsibilities required or
permitted to be exercised or performed by the county clerk in
connection with judicial actions, proceedings and records shall be
exercised or performed by the executive or administrative officer.
The county clerk shall be relieved of any obligation imposed on him
by law with respect to these specified powers, duties and
responsibilities, to the extent the local rule imposes on the
executive or administrative officer the same powers, duties and
responsibilities.
SEC. 355. Section 69899.5 of the Government Code is repealed.
69899.5. In the County of Orange, a majority of the judges of the
superior court may appoint or delegate authority to the Superior
Court Chief Executive Officer to appoint officers and employees whose
salaries shall be pursuant to the Table of Classifications and
Salary Schedules adopted by the Executive Committee of the Superior
Court.
Pursuant to the Lockyer-Isenberg Trial Court Funding Act of 1997
and Article 3 (commencing with Section 77200) of Chapter 13, the
County of Orange has no obligation for the salary and benefits of
commissioners referees, officers, assistants, and other employees of
the superior court appointed pursuant to this section. Funding for
trial court operations shall be solely the responsibility of the
state.
All personnel appointed pursuant to this section shall serve at
the pleasure of the majority of the judges and may at any time be
removed by the majority of the judges in their discretion, or in the
discretion of the Superior Court Chief Executive Officer when so
delegated.
The superior court may establish any additional positions, titles,
and pay rates as are required, and may appoint and employ any
additional commissioners, referees, officers, assistants, and other
employees it deems necessary for the performance of the duties and
exercise of the powers conferred by law upon the court and its
members. Rates of compensation of all officers, assistants, and
other employees authorized by this section, except those of court
commissioners and juvenile court referees, may be adjusted by a
majority of the judges of the court, the Superior Court Executive
Committee, or the Superior Court Chief Executive Officer when so
delegated.
All court personnel shall be entitled to any step advancement,
vacation, sick leave, holiday benefits, other leaves of absence,
lump-sum payments for sick leave and vacation when separated from the
service, inclusion in the retirement system of the County of Orange
and other benefits as may be adopted in a memorandum of understanding
with a recognized employee
organization or as may be directed by rules adopted by a majority of
the judges.
Superior court commissioners and juvenile court referees shall be
entitled to any benefits as may be directed by rules adopted by the
majority of the judges.
Where statutes require implementation by local ordinances for the
extension of benefits to local officers and employees, these benefits
may be made applicable, by rule, to those employees.
Rules of the court may include other matters pertaining to the
general administration of the court, including conditions of
employment of personnel. When the rules are adopted by a majority of
the judges and filed with the Judicial Council they shall have the
same status as other rules of court adopted pursuant to Section
68070.
When requested to do so by the court, the county shall furnish to
the superior court any services as may be required in connection with
the recruitment and employment of personnel.
All those personnel and judges shall be allowed actual traveling
and necessary expenses incurred while engaged in the duties of their
employment or office.
This section is not intended to alter the existing employment
status of, or meet and confer obligations related to, superior court
staff or to require changes in local employment practices.
SEC. 356. Section 69900 of the Government Code is repealed.
69900. In the City and County of San Francisco, a majority of the
judges of the superior court may appoint the following employees,
whose annual salaries shall be as set forth hereafter. The class
numbers set forth refer to the superior court position
classifications contained in the salary ordinance of the City and
County of San Francisco.
Title Class Number
1 Executive Officer 0555
1 Assistant County Clerk 0583
1 Assistant Executive Officer 0584
1 Manager of Budget and Admin. 0585
20 Court Coordinators 0588
4 Court Assistants 0589
4 Court Assistants, Senior 0590
65 Superior Court Clerks 0591
1 Payroll/Personnel Director 0592
1 Deputy Jury Commissioner 0622
3 Managers of Court Operations 0634
6 Division Chiefs 0636
1 Director-Family Court Services 0640
1 Assistant Director-Family Court Services 0641
1 Assistant Director-Probate 0646
1 Director, Probate 0647
4 Court Investigators 0648
3 Probate Examiners 0649
1 Traffic Hearing Officer 0650
5 Counselors-Family Court Services 0655
1 Mental Health Coordinator 0657
10 Legal Research Assistants 0676
1 Judicial Secretary Coordinator 0677
2 Executive Secretaries 0678
6 Judicial Secretaries 0680
23 Judicial Clerks, Senior 0681
40 Judicial Clerks 0697
1 Judicial Clerk II 0705
29 Court Reporters 0710
1 Legal Research Assistant-Presiding Judge 0735
1 MIS Specialist II 0818
4 MIS Specialists III 0819
1 Superior Court Computer Coordinator 0821
5 Attorneys, Civil and Criminal 0174
1 Juvenile Justice Director 0637
Those positions shall be paid biweekly the equivalent amount as
specified in the salary ordinance. All salaries for original
appointments shall be at step 1, provided that on the first
anniversary of appointment the employee shall advance to the second
step, and thereafter on the second anniversary of appointment the
employee shall advance to step 3, and thereafter on the third
anniversary of appointment the employee shall advance to step 4, and
thereafter shall be paid at the rate established by step 4.
Service in any position enumerated herein prior to the effective
date of the amendments to this section enacted at the 1991-92 Regular
Session of the Legislature shall constitute service for the purpose
of determining the step at which the attache is paid. Service in any
position wherein substantially the same duties have been performed
shall also be deemed service for the purpose of determining at which
step the attache is to be paid.
Employment by the court shall be deemed to be employment by the
city and county, if approved by resolution of the court, for purposes
of determining court employees' rights to sick leave, vacation, and
holiday pay and accumulation thereof, as provided either by charter
or ordinances of the city and county for miscellaneous employees.
With the approval of the board of supervisors, the court may
establish such additional titles and pay rates as are required and,
with the approval of the board of supervisors, may appoint and employ
such additional commissioners, officers, and assistants and other
employees as it deems necessary for the performance of the duties and
exercise of the powers conferred by law upon it and its members.
Rates of compensation of all officers and assistants and other
employees may be altered by joint action and approval of the board of
supervisors and a majority of the judges of the court. The salaries
of the employees of the superior court shall be paid by the city and
county.
SEC. 357. Section 69901 of the Government Code is repealed.
69901. All of the employees provided for in Section 69900 shall
be allowed actual traveling and necessary expenses incurred while
engaged in the duties of their office.
The salaries provided for in the said section shall be paid in
monthly installments out of the salary fund of the county, or, if
there is none, out of such fund as other salary demands against the
county are paid. The expenses provided for in this section shall be
paid in monthly installments out of the general fund. Salaries and
expenses shall be allowed and audited in the same manner as the law
requires for other demands against the county.
SEC. 358. Section 69903 of the Government Code is repealed.
69903. In any county with a population of less than 1,073,200,
but more than 1,069,700 as determined by the 1970 federal census, a
majority of the judges of the superior court may appoint the listed
officers and employees whose salaries shall be paid by the county as
follows:
Title Item
1 Executive officer ....................... 9030
1 Assistant executive officer ............. 9031
1 Juvenile courts coordinator ............. 9039
1 Probate commissioner .................... 9050
2 Senior referees ......................... 9053
31 Court reporters ......................... 9056
1 Staff services assistant ................ 0230
2 Secretary II ............................ 1220
1 Court statistician ...................... 9038
1 Supervising conciliation counselor ...... 9054
1 Conciliation counselor .................. 9057
3 Steno II ................................ 1210
1 Chief calendar clerk .................... 9033
1 Chief deputy jury commissioner .......... 9035
1 Chief deputy calendar clerk/jury commis-
commissioner ............................ 9034
1 Legal secretary reporter II ............. 1245
10 Specialist clerks ....................... 1128
2 Supervising clerk I ..................... 1138
1 Chief probate investigator .............. 9065
3 Probate investigators ................... 9060
1 Clerk II ................................ 1120
Court reporter, pro tem ................. F
78.16/day
The item number set forth in the previous paragraph refers to the
classifications contained in the Alameda County salary ordinance and
superior court positions shall be paid the equivalent amount as
specified in the salary ordinance.
All personnel appointed pursuant to this section shall be exempt
from civil service laws serving at the pleasure of the judges of the
court and may at any time be removed by a majority thereof at their
discretion. Notwithstanding any other provision of this section,
each judge may appoint a competent phonographic reporter who shall
perform, in addition to his other duties, such secretarial services
for the appointing judge as he requires in the performance of his
official duties.
With the approval of the board of supervisors, a majority of the
judges may establish such additional titles and pay rates as are
required and may appoint such additional commissioners, officers,
assistants, and other employees as they deem necessary for the
performance of the duties and exercise of the powers conferred by law
upon the court and its members. Rates of compensation of all such
officers, assistants, and other employees may be adjusted by joint
action and approval of the board of supervisors and a majority of the
judges of the court. Such additional appointments or changes in
compensation made pursuant to this section shall be on an interim
basis and shall expire on the effective date of appropriate ratifying
or modifying state legislation.
All personnel except pro tem court reporters shall be entitled to
salary advancement, vacation, sick leave, holiday benefits, other
leaves of absence, and other benefits, not more than that provided in
the Alameda County Administrative Code for county employees.
However, vacation benefits for commissioner and referee
classifications shall be determined by written court policy.
All personnel except pro tem court reporters shall be included in
the Alameda County retirement system.
If the board of supervisors provides by ordinance or resolution
for a rate of compensation for positions in any of the superior court
classes specified in this section which is higher than that herein
otherwise provided for, such higher rate of compensation shall be
effective at the same time and in the same manner as rates of pay for
Alameda County employees generally. Comparative classes shall be
determined by a majority of the judges and the board of supervisors.
SEC. 359. Section 69903.3 of the Government Code is repealed.
69903.3. Notwithstanding any other provisions of this article, in
any county with a population of less than 1,000,000 but more than
800,000 as determined by the 1960 federal census, and if the superior
court does not have a position of assistant jury commissioner, the
positions of administrative assistant and chief calendar deputy in
Section 69903 shall be compensated at a rate of 10 percent more than
the salary to which they would be entitled otherwise.
SEC. 360. Section 69904 of the Government Code is repealed.
69904. (a) In a county of the third class, as determined by the
1970 federal census, a majority of the judges of the superior court
may establish additional titles and pay rates as are required and may
appoint and employ those commissioners, officers, assistants, and
other employees as are deemed necessary for the performance of the
duties and exercise of the power conferred by law upon the court and
its members. Titles and rates of compensation of all the
commissioners, officers, assistants, and other employees may be
adjusted from time to time by a majority of the judges of the court.
(b) All personnel appointed by the judges pursuant to this or any
other section shall be exempt from civil service and shall be
attaches of the court. They shall serve at the pleasure of a
majority of the judges of the court and may at any time be removed by
the majority of the judges in their discretion. In addition to the
benefits authorized under Article 1 (commencing with Section 53200)
of Chapter 2 of Title 5 and Sections 69902 and 69902.5 and in
accordance with personnel regulations adopted by a majority of the
judges, those personnel shall be entitled to step advancement,
vacation, sick leave, holiday benefits, other leaves of absence, and
other benefits, including participation in the county's tuition
refund and suggestion award programs, at levels no less than those
authorized for employees in the classified service of the county. In
the event the regulations allow credit for sick leave benefits or
other benefits accumulated by the appointee while employed in county
civil service, no credit shall be allowed if the appointee elected to
receive any payment, including any partial payment, for any of those
benefits upon separation from county civil service. Any person
terminating employment with county civil service and immediately
accepting appointment with the court may, if provided by the rules of
the Civil Service Commission, return to civil service within two
years of that appointment, provided the return shall not entitle that
employee to any additional rights by reason of his or her employment
with the court, other than those to which he or she would have been
entitled if he or she had remained in county civil service during the
period of employment with the court.
(c) Juvenile court referees in their first year of service shall
receive a salary equal to 75 percent of the salary of a judge of the
superior court, and in their second year of service they shall
receive a salary equal to 80 percent of the salary of a judge of the
superior court; thereafter they shall receive a salary equal to 85
percent of the salary of a judge of the superior court. Each
juvenile court referee who has served as a referee prior to the
effective date of this act shall be entitled to credit for the time
of service in the computation of his or her salary as prescribed in
this section. Nothing in this section shall operate to reduce the
compensation which the referee was entitled on the day prior to the
effective date of this section.
(d) With the approval of the judges of the court, each juvenile
court referee and each legal research assistant appointed pursuant to
law, may be reimbursed for any payment he or she makes for his or
her annual State Bar of California membership fee.
SEC. 361. Section 69906 of the Government Code is repealed.
69906. In any county with a population of less than 715,674 but
more than 631,498, as determined by the 1970 federal census, a
majority of the judges of the superior court may appoint officers or
employees as expressly authorized by law and, with the approval of
the board of supervisors, may establish additional titles and may
appoint additional commissioners, officers, assistants, and other
employees as they deem necessary for the performance of the duties
and exercise of the powers conferred by law upon the court and its
members. At the request of the judges or the superior court
executive officer, county personnel services shall assist in the
recruitment and examination of court personnel, but the personnel
shall be court rather than county personnel and shall serve at and
may be terminated at the pleasure of a majority of the judges. Other
provisions of county civil service or personnel rules or procedures
shall not be applicable to court employees unless made applicable by
local court rule. Except as otherwise expressly provided by statute,
salaries of all court personnel shall be fixed and adjusted by
mutual agreement of a majority of the judges and the board of
supervisors; provided, that the salary of any court investigator
appointed by the court pursuant to Section 1454 of the Probate Code
shall be fixed by a majority of the judges of the court. Benefits
other than salary shall, for all court personnel, be the same as are
now or may hereafter be provided to comparable county
classifications, as comparability is determined by agreement of the
majority of judges and the board of supervisors, but shall not exceed
those provided for the comparable county classifications, except
that vacation benefits for commissioner and referee classifications
shall be the same as are provided for judges pursuant to subdivision
(7) of Section 205 of the California Rules of Court. However, the
increased cost of vacation benefits for commissioners and referees
shall not be considered in determining the cost of court operations
pursuant to Sections 77003 and 77204.
To the extent necessary, and for the sole purpose of implementing
the intent of this section, court employees shall be deemed county
employees for inclusion in those benefit programs provided county
employees as a group or groups. All court employees except pro
tempore court reporters shall, if otherwise eligible under statutory
and retirement association membership requirements, be included in
the county's retirement system.
SEC. 362. Section 69908 of the Government Code is repealed.
69908. Notwithstanding any other provision of law, in Madera
County, a majority of the judges of the superior court may appoint
such officers or employees as are expressly authorized by law and,
with the approval of the board of supervisors, may establish such
additional titles and may appoint such additional commissioners,
officers, assistants, and other employees as they deem necessary for
the performance of the duties and exercise of the powers conferred by
law upon the court and its members. At the request of the judges or
the superior court executive officer, the county personnel
department shall assist in the recruitment and examination of court
personnel. Personnel hired or appointed as official reporters,
official interpreters, research attorneys, or in other nonclerical
positions shall serve at and may be terminated at the pleasure of a
majority of the judges. Other provisions of county civil service or
personnel rules or procedures shall not be applicable to those court
employees unless made applicable by local court rule. Except as
otherwise expressly provided by statute, salaries of all court
personnel shall be fixed and adjusted by mutual agreement of a
majority of the judges and the board of supervisors. Benefits other
than salary shall, for all court personnel, be the same as are now or
may hereafter be provided to equivalent county classifications, as
that equivalency is determined by agreement of the majority of judges
and the board of supervisors, but shall not exceed those provided
for the equivalent county classifications. To the extent necessary,
and for the sole purpose of implementing the intent of this section,
court employees shall be deemed county employees for inclusion in
those benefit programs provided county employees as a group or
groups. All court employees except pro tempore court reporters
shall, if otherwise eligible under statutory and retirement system
membership requirements, be included in the county's retirement
system.
SEC. 363. Section 69911 of the Government Code is repealed.
69911. In the County of Kern, a majority of the judges of the
superior court may appoint the following officers and employees whose
salaries shall be:
Number Title Range
1 Superior Court Executive 64.7
Officer/Jury Commissioner
3 Principal Attorney 62.4 or,
Senior Attorney OR 59.6 or,
Associate Attorney OR 56.7 or,
Deputy Attorney OR 53.9
1 Court Commissioner 75-85% of a
Superior Court
judge's annual
salary
1 Senior Juvenile 75-85% of a
Court Referee Superior Court
judge's annual
salary
1 Court Services Manager 53.1
1 Superior Court 48.3
Calendar Coordinator
1 Departmental Systems 55.2
Coordinator II
1 Departmental Systems 53.2
Coordinator I
1 Probate Examiner 48.5
13 Assistant Secretary, 44.4
Superior Court
22 Court Reporter 55.8
4 Court Reporter 55.8
Part-time
1 Asst. Clerk of the Court 61.1
1 Dept. Systems Coord. I 52.8
1 Data Entry OP II OR 39.8
Data Entry OP I 37.8
1 Court Financial Technician 47.9
1 Account Clerk IV 44.4
2 Account Clerk II OR 39.3
Account Clerk I 36.5
1 Records Clerk 41.6
2 Microphotographer 40.7
2 Asst. Chief Deputy Clerk 53.0
1 CJIS Coord. 49.6
4 Supv. Superior Court Clerk 51.0
24 Superior Court Clerk II OR 47.8
Superior Court Clerk I 44.2
10 Deputy Clerk III 46.2
32 Deputy Clerk II OR 44.1
Deputy Clerk I 41.8
4 Typist Clerk II OR 38.1
Typist Clerk I 35.3
1 Clerk III 40.7
2 Clerk II OR 38.0
Clerk I 35.2
1 Senior Secretary 44.9
1 Secretary 43.0
The salary range set forth above is provided for
in the salary schedule of the Kern County salary ordinance.
All personnel appointed pursuant to this section shall be noncivil
service and shall serve at the pleasure of the majority of the
judges. With the approval of the board of supervisors, the majority
of the judges may establish any additional positions as are required,
and, with the approval of the board of supervisors, may appoint and
employ additional commissioners, officers, assistants, and other
employees as it deems necessary for the performance of the duties and
exercise of the powers conferred by law upon the court and its
members. Rates of compensation of all positions assigned to the
superior court may be adjusted by joint action and approval of the
board of supervisors and a majority of the judges of the court. Any
additional appointments or changes
in compensation made pursuant to this section shall
be on an interim basis and shall expire on the effective date of
appropriate ratifying or modifying state legislation.
All personnel appointed pursuant to this section shall be entitled
to the same employee benefits, with the exception of court holidays,
that are provided to all other county employees by the board of
supervisors.
SEC. 364. Section 69912 of the Government Code is repealed.
69912. In the County of San Luis Obispo, upon authorization of a
majority of the judges, the executive officer shall appoint a deputy
clerk of the court or an assistant executive officer who shall assist
in the performance of the duties of Sections 69893 and 69898.
The deputy clerk of court or assistant executive officer
classification shall hold office at the pleasure of the court. The
court shall fix the qualifications of the position. The position
shall be exempt from civil service laws.
The salary of the position shall be established and adjusted by
mutual agreement of a majority of judges and the board of
supervisors.
Benefits other than salary shall be the same as are now provided
or may hereafter be provided to equivalent county classifications.
The position shall be included in the county retirement system.
SEC. 365. Section 69915 of the Government Code is repealed.
69915. (a) Notwithstanding any other provision of law, and except
as provided in subdivision (j), the Board of Supervisors of each of
the Counties of Merced, Orange, and Shasta may commence public
hearings regarding the abolition of the marshal's office and the
transferring of court-related services provided by the marshal within
the county to the sheriff's department. Within 30 days of the
commencement of public hearings as authorized by this section, the
board shall make a final determination as to the most cost-effective
and most efficient manner of providing court-related services.
(b) Concurrently, an election may be conducted among all of the
judges of the consolidated courts of the county to provide an
advisory recommendation to the board of supervisors on the abolition
of the marshal's office and the transferring of court-related
services provided by the marshal within the county to the sheriff's
department. The outcome shall be determined by a simple majority of
votes cast. The vote of the judges shall then be forwarded to the
board of supervisors prior to the close of the public hearing, and
the board of supervisors shall take into advisement the
recommendation of the judges provided by the election report.
(c) The determination of the abolishment of the marshal's office
or the transferring of the duties of the marshal shall occur pursuant
to the board's determination, and shall be concluded no later than
July 1, 2000.
(d) The courtroom assignment of bailiffs after abolition of the
marshal's office and the consolidation pursuant to this section shall
be determined by a two-member committee comprised of the presiding
judge of the consolidated court and the sheriff, or their designees.
Any new bailiff assignments shall be made only after consultation
with the affected judge or commissioner in whose courtroom a new
assignment is planned.
It is the intent of the Legislature, in enacting this subdivision,
to ensure that courtroom assignments are made in a manner that best
ensures that the interests of the affected judge or commissioner and
bailiff are protected.
(e) Notwithstanding any other provision of law, the marshal and
all personnel of the marshal's office affected by the abolition of
the marshal's office in the county shall become employees of the
sheriff's department at their existing or equivalent classification,
salaries, and benefits, and, except as may be necessary for the
operation of the agency under which court-related services and the
service of civil and criminal process are consolidated, they shall
not be involuntarily transferred out of the consolidated office for a
period of five years following the consolidation.
(f) Personnel of the abolished marshal's office shall be entitled
to request an assignment to another division within the sheriff's
department, and that request shall be reviewed the same as any other
request from within the department. Persons who accept a voluntary
transfer from the court services/civil division shall waive their
rights pursuant to subdivision (e).
(g) Permanent employees of the marshal's office on the effective
date of the abolition of the marshal's office pursuant to this
section shall be deemed to be qualified, and no other qualifications
shall be required for employment or retention. Probationary
employees of the marshal's office on the effective date of a
consolidation pursuant to this section shall retain their
probationary status and rights and shall not be deemed to have
transferred so as to require serving a new probationary period.
(h) All county service or service by employees of the marshal's
office on the effective date of a consolidation pursuant to this
section shall be counted toward seniority in the consolidated office,
and all time spent in the same, equivalent, or higher classification
shall be counted toward classification seniority.
(i) No employee of the marshal's office on the effective date of a
consolidation pursuant to this section shall lose peace officer
status, or otherwise be adversely affected as a result of the
abolition and merger of personnel into the sheriff's department.
(j) Subdivisions (d) to (i), inclusive, shall not apply to the
County of Orange. Prior to a determination by the Orange County
Board of Supervisors to abolish the marshal's office and to transfer
duties of the marshal to the sheriff, the board of supervisors shall
do both of the following:
(1) Meet and confer with affected employee bargaining
representatives with respect to matters within the scope of
representation that would be affected by a determination to abolish
the marshal's office and to transfer duties of the marshal to the
sheriff. These matters shall include, but not be limited to,
seniority within the merged departments, job qualifications,
classification of positions, and intradepartmental transfers. For
purposes of carrying out this paragraph, employees of the superior
court whose job classification confers safety status shall have the
right to representation in accordance with the local
employer-employee resolution and to bargain in accordance with
Sections 3504, 3505, and 3505.1. The board of supervisors is not
authorized to abolish the office of the marshal and to transfer
duties of the marshal to the sheriff unless a mutual agreement, or
mutually agreed to amendment to an existing memorandum of
understanding as authorized by this section, is reached with each
affected recognized employee organization pursuant to Section 3505.1
and adopted by the board of supervisors.
(2) Confer with the presiding judge of the superior court or his
or her designated representative and the sheriff to discuss
courthouse security and to establish a mechanism for the assignment
of courtroom security personnel. Any agreement made in accordance
with this paragraph that commits the superior court to fund services
shall be approved by the presiding judge of the superior court or his
or her designee. Any agreement entered into pursuant to this
paragraph shall become effective only upon a majority vote of the
board of supervisors to abolish the office of the marshal or to
transfer duties of the marshal to the sheriff.
(k) Upon a determination by the Orange County Board of Supervisors
to abolish the office of marshal and to transfer duties of the
marshal to the sheriff, Article 17.1 (commencing with Section 74010)
of Chapter 10 shall become inoperative.
SEC. 366. Section 69941 of the Government Code is amended to read:
69941. The judge or judges of any A
superior court may appoint a as many
competent phonographic reporter, or as many such
reporters as there are judges , to be known as
official reporter or reporters of such court, and
such pro tempore official reporters as
the convenience of the court may require. The reporters shall hold
office during the pleasure of the appointing judge or judges
pro tempore, as are deemed necessary for the
performance of the duties and the exercise of the powers conferred by
law upon the court and its members .
SEC. 367. Section 69942 of the Government Code is amended to read:
69942. No person shall be appointed to the position of official
reporter of any court unless there is satisfactory evidence
of his or her good moral character, and unless he or she has been
first examined as to his or her competency by at least three members
of the bar practicing in the court and designated by the judge or
judges of the court, or the person has first
obtained a license to practice as a certified shorthand reporter from
the Court Reporters Board of California.
SEC. 368. Section 69944 of the Government Code is amended to read:
69944. Until an official reporter of any court or official
reporter pro tempore has fully completed and filed all transcriptions
of his the reporter's notes in any
case on appeal which he the reporter is
required by law to transcribe, he the
reporter is not competent to act as official reporter in any
court. Violation of subdivision (d) (e)
of Section 8025 of the Business and Professions Code shall also
render an official reporter or official reporter pro tempore
incompetent to act as official reporter in any court.
SEC. 369. Section 69945 of the Government Code is repealed.
69945. Except when excused for good and sufficient reason by
order of the court, the official reporter of any superior court shall
attend to the duties of his office in person. An order for excuse
shall be entered upon the minutes of the court. Employment in his
professional capacity elsewhere is not a good and sufficient reason
for such excuse. When the official reporter of any court has been
excused pursuant to this section, the court may appoint an official
reporter pro tempore, who shall perform the same duties and receive
the same compensation during the term of his employment as the
official reporter.
SEC. 370. Section 69947 of the Government Code is repealed.
69947. Except in counties where a statute provides otherwise, the
official reporter shall receive for his services the fees prescribed
in this article.
SEC. 371. Section 69948 of the Government Code is repealed.
69948. (a) The fee for reporting testimony and proceedings in
contested cases is fifty-five dollars ($55) a day, or any fractional
part thereof.
(b) In San Joaquin County, the compensation for superior court
reporters shall be that prescribed by Section 69993.
(c) In Madera County, the board of supervisors may, by ordinance
or resolution, prescribe a higher rate of compensation for superior
court reporters.
(d) In Kings County, the fee for reporting testimony and
proceedings in contested cases is one hundred forty dollars ($140) a
day, or any fractional part thereof.
(e) In Mariposa County, the board of supervisors may, by ordinance
or resolution, prescribe the rate of compensation for superior court
reporters.
(f) In Siskiyou County, the board of supervisors may, by
ordinance, prescribe a higher rate of compensation for superior court
reporters.
(g) In Yuba County, the board of supervisors may, by ordinance or
resolution, prescribe a higher rate of compensation for superior
court reporters.
(h) In Butte County, pro tempore reporters shall receive a fee of
seventy-five dollars ($75) a day, or any fractional part thereof, for
reporting testimony and proceedings in contested cases.
(i) In Sutter County, except as may otherwise be provided in
Sections 70045.11 and 74839, the fee for reporting testimony and
proceedings in contested cases is one hundred ten dollars ($110) per
day, or any fractional part thereof. However, the board of
supervisors may, by ordinance, prescribe a higher rate of
compensation for superior court reporters.
(j) In Napa County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(k) In Tehama County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(l) In Monterey County, the fee for reporting testimony and
proceedings in contested cases in any court is seventy-five dollars
($75) a day or any fractional part thereof.
(m) In Nevada County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(n) In Calaveras County, the fee for reporting testimony and
proceedings in contested cases is seventy-five dollars ($75) per day,
or any fractional part thereof. However, the board of supervisors
may, by ordinance, prescribe a higher rate of compensation for
superior court reporters.
(o) In Placer County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(p) In Sierra County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(q) In Trinity County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court
reporters.
(r) In Humboldt County, the fee for reporting testimony and
proceedings in contested cases is seventy-five dollars ($75) per day,
or any fractional part thereof.
(s) In Del Norte County, the fee for reporting testimony and
proceedings in contested cases is seventy-five dollars ($75) per day,
or any fractional part thereof.
(t) In Alpine County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court
reporters.
(u) In Glenn County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(v) In Colusa County, the fee for reporting testimony and
proceedings in contested cases is one hundred twenty-five dollars
($125) per day, or any fractional part thereof.
(w) In Shasta County, the board of supervisors may prescribe a
higher rate of compensation for superior court reporters.
(x) In Solano County, the fee for reporting testimony and
proceedings in contested cases is ninety dollars ($90) per day, or
fifty-five dollars ($55) per half day or fractional part thereof.
However, the board of supervisors may, by ordinance, prescribe a
higher rate of compensation for superior court reporters.
(y) In Inyo County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
(z) In Mono County, the board of supervisors may, by ordinance,
prescribe a higher rate of compensation for superior court reporters.
SEC. 372. Section 69948.5 of the Government Code is repealed.
69948.5. Notwithstanding Section 69948, in Modoc County, the
board of supervisors may, by ordinance, prescribe a higher rate of
compensation for superior court reporters.
SEC. 373. Section 69949 of the Government Code is repealed.
69949. The fee for reporting each default or uncontested action
or proceeding is ten dollars ($10). If more than four defaults or
uncontested matters are reported in any one day, or two or more
defaults are reported in conjunction with any contested case, the fee
is forty-five dollars ($45) a day, or any fractional part thereof.
SEC. 374. Section 69950 of the Government Code is amended to read:
69950. (a) The fee for transcription for original
ribbon or printed copy is eighty-five cents ($0.85) for
each 100 words, and for each copy for the party buying the
original made purchased at the same time by
the court, party, or other person buying the original ,
fifteen cents ($0.15) for each 100 words. The
(b) The fee for a first copy to any court party, or
other person who does not simultaneously purchase the
original shall be twenty cents ($0.20) for each 100 words, and
for each additional copy, made purchased
at the same time, fifteen cents ($0.15) for each 100 words.
SEC. 375. Section 69952 of the Government Code is amended to read:
69952. (a) The court may specifically direct the making of a
verbatim record and payment therefor shall be from the
county treasury Trial Court Operations Fund on
order of the court in the following cases:
(1) Criminal matters.
(2) Juvenile proceedings.
(3) Proceedings to declare a minor free from custody.
(4) Proceedings under the Lanterman-Petris-Short Act, (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code).
(5) As otherwise provided by law.
(b) Except as otherwise authorized by law, the court shall not
order to be transcribed and paid for out of the county
treasury Trial Court Operations Fund any matter
or material except that reported by the reporter pursuant to Section
269 of the Code of Civil Procedure. When there is no official
reporter in attendance and a an official
reporter pro tempore is appointed, his or her reasonable
expenses for traveling and detention shall be fixed and allowed by
the court and paid in like manner. When the court orders a daily
transcript, necessitating the services of two phonographic reporters,
the reporting fee for each of the reporters and the transcript fee
shall be proper charges against the county treasury
Trial Court Operations Fund , and the daily
transcript shall be pursuant to Section 269 of the Code of Civil
Procedure. When the daily transcript is prepared by a single
reporter, an additional fee for technological services, as set by the
court with the agreement of the reporter, may be imposed. However,
the total of the fee for a single reporter and the fee for
technological services shall be less than the total fee for two
reporters.
SEC. 376. Section 69953.5 of the Government Code is amended to
read:
69953.5. Notwithstanding any other provision of law, whenever a
daily transcript is ordered in a civil case requiring the services of
more than one phonographic reporter, the party requesting the daily
transcript, in addition to any other required fee, shall pay a fee
per day, or portion thereof, equal to the per diem rate for
pro tempore reporters established by statute, local rule, or
ordinance an official reporter pro tempore established
pursuant to Section 69947 for the services of each additional
reporter for the first day and each subsequent day the additional
reporters are required.
SEC. 377. Section 69955 of the Government Code is amended to read:
69955. (a) As used in this section, "reporting notes" are the
reporting notes of all court reporters employed to report in the
courts of California, who may be known as official and pro
tempore court reporters and official reporters pro
tempore . Reporting notes are official records of the court.
Reporting notes shall be kept by the reporter taking the notes in a
place designated by the court, or, upon order of the court, delivered
to the clerk of the court.
(b) The reporting notes may be kept in any form of communication
or representation including paper, electronic, or magnetic media or
other technology capable of reproducing for transcription the
testimony of the proceedings according to standards or guidelines for
the preservation and reproduction of the medium adopted by the
American National Standards Institute or the Association for
Information and Image Management. Reporting notes shall be stored in
an environment free from excessive moisture, temperature variation,
and electromagnetic fields if stored on a medium other than paper.
(c) The reporting notes shall be labeled with the date recorded,
the department number of the court, and the name of the court
reporter. The reporting notes shall be indexed for convenient
retrieval and access. Instructions for access to data stored on a
medium other than paper shall be documented.
(d) If the reporting notes are kept in any form other than paper,
one duplicate backup copy of the notes shall be stored in a manner
and place that reasonably assures its preservation.
(e) Reporting notes produced under subdivision (b) may be
destroyed upon the order of the court after 10 years from the taking
of the notes in criminal proceedings and after five years from the
taking of the notes in all other proceedings, unless the notes report
proceedings in capital felony cases including the preliminary
hearing. No reporting notes in a capital felony case proceeding
shall be destroyed until such time as the Supreme Court on request by
the court clerk authorizes the destruction.
(f) A periodic review of the media on which the reporting notes
are stored shall be conducted to assure that a storage medium is not
obsolete and that current technology is capable of accessing and
reproducing the records for the required retention period.
(g) If the reporting notes of an official or pro tempore
court reporter or official reporter pro tempore
have not been delivered to the clerk of the court, the notes shall be
delivered by the reporter to the clerk of the court upon the
reporter's retirement, resignation, dismissal, termination of
appointment, or in the case of any other absence for a period of more
than 30 days or longer as designated by the court. Upon the order
of the court, the notes shall be returned to the reporter upon the
reporter's return from such absence. In the event of the reporter's
death, the notes shall be delivered to the clerk of the court by the
reporter's personal representative.
(h) If reporting notes delivered to the clerk of the court are to
be transcribed, the court reporter who took the notes shall be given
the first opportunity to make the transcription, unless the reporter
cannot be located, refuses to transcribe the notes, or is found to
be incompetent to transcribe the notes.
(i) A court reporter shall be reimbursed for the actual cost of
the medium on which the reporting notes are kept, whether on paper,
diskette, or other media in compliance with this section.
SEC. 378. Section 69956 of the Government Code is repealed.
69956. The official reporter shall perform the duties required of
him by law. When not actually engaged in the performance of any
other duty imposed on him by this code, he shall render stenographic
or clerical assistance, or both, to the judge or judges of the
superior court as such judge or judges may direct. In addition to
the compensation otherwise provided by law, any reporter required to
render such stenographic or clerical assistance shall receive such
compensation therefor as the superior court may prescribe, not to
exceed the sum of twenty dollars ($20) a day, which shall be payable
by the county in the same manner and from the same funds as other
salary demands against the county.
SEC. 379. Section 69957 of the Government Code is repealed.
69957. Whenever the services of an official reporter of the
superior court are not required in the actual prosecution of the
business of the court within the purview of the duties of such
reporter as an official reporter of the superior court, the presiding
judge of the superior court may, if so requested by the presiding
judge of any municipal court judge within the county, assign any such
official reporter of the superior court to act pro tempore as an
official reporter of the municipal court within the same county. Any
such assignment shall be subject to the provisions of Article 5
(commencing with Section 72190) of Chapter 8 of Title 8 of this code.
SEC. 380. Section 69958 of the Government Code is repealed.
69958. The assignment of any official reporter of the superior
court to act pro tempore as an official reporter of the municipal
court shall rest within the sound discretion of the presiding judge
of the superior court.
SEC. 381. Section 69959 of the Government Code is repealed.
69959. Whenever an official reporter of the superior court has
been assigned to the municipal court and is serving therein as a pro
tempore reporter, the presiding judge of the superior court shall
terminate such assignment and recall to the superior court any
reporter of the superior court whose services are then required in
the prosecution of the business of the superior court; provided,
however, that no such termination shall be effected until after the
conclusion of the services of the reporter in the municipal court in
any particular trial or hearing theretofore commenced therein and to
which the reporter has been assigned, except upon the mutual consent
of the district attorney and the attorney for the defendant.
SEC. 382. Article 10 (commencing with Section 69990) of Chapter 5
of Title 8 of the Government Code is repealed.
SEC. 383. Article 10.1 (commencing with Section 69992) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 384. Article 10.2 (commencing with Section 69993) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 385. Article 10.3 (commencing with Section 69994) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 386. Article 10.4 (commencing with Section 69995) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 387. Article 10.5 (commencing with Section 70000) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 388. Article 10.6 (commencing with Section 70010) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 389. Article 10.7 (commencing with Section 70025) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 390. Article 11 (commencing with Section 70040) of Chapter 5
of Title 8 of the Government Code is repealed.
SEC. 391. Article 12 (commencing with Section 70100) of Chapter 5
of Title 8 of the Government Code is repealed.
SEC. 392. Article 12.1 (commencing with Section 70110) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 393. Article 12.5 (commencing with Section 70125) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 394. Article 12.7 (commencing with Section 70130) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 395. Article 12.8 (commencing with Section 70136) of Chapter
5 of Title 8 of the Government Code is repealed.
SEC. 396. Article 13 (commencing with Section 70140) of Chapter 5
of Title 8 of the Government Code is repealed.
SEC. 397. Article 13 (commencing with Section 70141.11) is added
to Chapter 5 of Title 8 of the Government Code, to read:
Article 13. Court Commissioners
70141.11. Notwithstanding Section 269 of the Code of Civil
Procedure, any court reporting functions for the commissioner in
Contra Costa County may be by electronic or mechanical means and
devices.
SEC. 398. Section 70214.5 of the Government Code is repealed.
70214.5. Subject to certification by the court to the
Administrative Office of the Courts that the court is able to absorb
the differential salary costs within the court's existing budget, the
Contra Costa County Superior Court may convert and reclassify four
existing referee positions to four additional court commissioner
positions.
SEC. 399. Section 70214.6 of the Government Code is repealed.
70214.6. Subject to certification by the court to the
Administrative Office of the Courts that the court is able to absorb
the differential salary cost within the court's existing budget, the
Santa Barbara County Superior Court may convert and reclassify one
existing traffic referee position to one additional court
commissioner position.
SEC. 400. Section 70219 is added to the Government Code, to read:
70219. On submission by the California Law Revision Commission of
its report to the Governor and the Legislature pursuant to
Resolution Chapter 102 of the Statutes of 1997 recommending statutory
changes that may be necessitated by court unification, the Judicial
Council and the California Law revision Commission shall study and
make recommendations to the Governor and the Legislature on the
issues identified in the report as appropriate for future study,
including consideration of the experience in counties in which the
courts have unified. Each agency shall assume primary or joint
responsibility for the studies and recommendations as outlined in the
report, and each agency shall consult with the other in the studies
and recommendations. This section does not limit any authority of
the Judicial Council or the California Law Revision Commission to
conduct studies and make recommendations authorized or directed by
law.
SEC. 401. Article 1 (commencing with Section 71001) of Chapter 6
of Title 8 of the Government Code is repealed.
SEC. 402. Article 1 (commencing with Section 71002) is added to
Chapter 6 of Title 8 of the Government Code, to read:
Article 1. General Provisions
71002. The board of supervisors shall provide suitable quarters
for the municipal courts, including heating, lighting, and janitorial
services, and shall supply them with furniture, books, and supplies
necessary for carrying out their duties, including supplies and
equipment for the preparation and maintenance of duplicate records of
the court or a division of the court when sessions are held at more
than one place.
SEC. 403. Article 2 (commencing with Section 71040) of Chapter 6
of Title 8 of the Government Code is repealed.
SEC. 404. Article 2 (commencing with Section 71042.5) is added to
Chapter 6 of Title 8 of the Government Code, to read:
Article 2. Preservation of Judicial Districts
71042.5. Notwithstanding any other provision of law, where
judicial districts in a county have been consolidated, or where the
municipal and superior courts in a county have unified, the territory
embraced within the respective prior component judicial districts
shall be separate judicial districts for the purpose of publication
within a judicial district.
71042.6. For the purpose of establishing boundaries under Section
71042.5, a map approved by the county surveyor shall be kept on file
with the county recorder showing the boundaries of all consolidated
or unified districts and component districts as of the date of
consolidation or unification. The map shall be conclusively presumed
to be accurate and may be used in evidence in any proceeding
involving application of Section 71042.5.
71043. The determination of whether a judicial district or former
judicial district has a population above or below 40,000 shall be
made on the latest occurring of the following bases:
(a) As shown by the last preceding federal census of the district
or of the aggregate cities and other political subdivisions situated
within the district, whichever is greater.
(b) As shown by a subsequent census taken pursuant to Section
26203.
(c) As may have been found to be the fact in any proceeding for
declaratory relief brought in a court having jurisdiction.
SEC. 405. Article 3 (commencing with Section 71080) of Chapter 6
of Title 8 of the Government Code is repealed.
SEC. 406. Article 3 (commencing with Section 71094) is added to
Chapter 6 of Title 8 of the Government Code, to read:
Article 3. Court Superseded by Municipal Court
71094. Continuous employment in a court superseded by a municipal
court, or in a court previously superseded by such superseded court,
of the officers and attaches of the superseded court who succeeded
to positions in a municipal court pursuant to the Municipal and
Justice Court Act of 1949, or the provisions of law succeeding that
act, shall be considered prior service within the definition of that
term in any retirement or pension system that includes former
municipal court officers and attaches.
SEC. 407. Article 4 (commencing with Section 71140) of Chapter 6
of Title 8 of the Government Code is repealed.
SEC. 408. Article 5 (commencing with Section 71180) of Chapter 6
of Title 8 of the Government Code is repealed.
SEC. 409. Article 6 (commencing with Section 71220) of Chapter 6
of Title 8 of the Government Code is repealed.
SEC. 410. Article 7 (commencing with Section 71260) of Chapter 6
of Title 8 of the Government Code is repealed.
SEC. 411. Article 7 (commencing with Section 71265) is added to
Chapter 6 of Title 8 of the Government Code, to read:
Article 7. Clerk and Marshal
71265. All provisions of Sections 26600 to 26604, inclusive,
26607 to 26608.1, inclusive, 26609, 26611, 26660 to 26664, inclusive,
and 26680 of the Government Code, and Sections 262, 262.1, 262.2,
262.3, 262.4, and 262.5 of the Code of Civil Procedure, apply to
marshals and govern their powers, duties and liabilities.
71266. Marshals shall charge and collect for their services the
fees, expenses, and mileage allowed by law to sheriffs. They shall
pay those fees into the county treasury on or before the fifth day of
each month, except where those fees, expenses, and mileage or a
percentage of them are allowed those officers.
71267. The board of supervisors may establish a revolving fund
for the use of the marshal who serves the superior court within the
county and is a county officer, pursuant to Sections 29320 to 29331,
inclusive. The fund may only be used for services or materials that
are a legal charge against the county.
SEC. 412. Section 71305 of the Government Code is amended to read:
71305. The retirement annuity or pension provided by this article
shall be granted to the marshal and constable only if in the county
where the municipal or justice superior
court is located there is provided a retirement annuity or pension
for county and township peace officers who perform duties of the same
character as those performed by the marshal and constable.
SEC. 413. Section 71380 of the Government Code is amended to read:
71380. The Controller shall establish, supervise, and as
necessary revise a uniform accounting system, including a system of
audit, to the end that all fines, penalties, forfeitures, and fees
assessed by courts, and their collection and appropriate
disbursement, shall be properly and uniformly accounted for. The
accounting system shall apply to superior and municipal
courts, together with probation offices, central collection
bureaus and any other agencies having a role in this process.
SEC. 414. Section 71382 of the Government Code is amended to read:
71382. Every judge of a superior or municipal
court, or the clerk of any such court, who willfully fails to keep
accounts pursuant to the system or to account for the money paid into
and disbursed by the court pursuant to the system established by the
Controller pursuant to this article is guilty of a misdemeanor.
SEC. 415. Section 71384 of the Government Code is amended to read:
71384. The system established pursuant to this article may
provide for the deposit of all money collected by municipal
superior courts in the county treasury, for
disbursement from it, and for the audit of such accounts by the
county auditor.
SEC. 416. Section 71386 of the Government Code is amended to read:
71386. (a) Each superior and municipal court
shall adopt a written policy, consistent with rules adopted by the
Judicial Council, governing the acceptance of checks and money orders
in payment of any fees, fines, or bail deposits. Such policy shall
permit clerks to accept checks and money orders under conditions
which tend to assure their validity.
(b) A court shall accept a personal check, bank cashier's check,
or money order for payment of any fee or fine, or for a deposit of
bail for any offense which is not declared to be a felony, provided
such check or money order meets the criteria established in
subdivision (a). However, no court shall be required to accept a
check in excess of three hundred dollars ($300) from a defendant in
custody as a deposit of bail for any alleged violation of the Penal
Code.
(c) The acceptance of a check pursuant to this section constitutes
payment of the obligation owed to the payee public agency to the
extent of the amount of the check as of the date of acceptance when,
but not before, the check is duly paid.
(d) If any check offered in payment pursuant to this section is
returned to the payee without payment, a reasonable charge for the
returned check not to exceed the actual costs incurred by the court
may be imposed to recover the court's processing and collection
costs. This charge may be added to, and become part of, any
underlying obligation other than an obligation which constitutes a
lien on real property, or a different method of payment for that
payment and future payments by such person may be prescribed. The
charges imposed by a court for a returned check shall be retained by
the treasurer of the county and be deposited in the county general
fund.
SEC. 417. Section 71601 of the Government Code is amended to read:
71601. For purposes of this chapter, the following definitions
shall apply:
(a) "Appointment" means the offer to and acceptance by a person of
a position in the trial court in accordance with this chapter and
the trial court's personnel policies, procedures, and plans.
(b) "Employee organization" means any organization that includes
trial court employees and has as one of its primary purposes
representing those employees in their relations with the trial court.
(c) "Hiring" means appointment as defined in subdivision (a).
(d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion, and advice.
(e) "Meet and confer in good faith" means that a trial court or
representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation. The
process should include adequate time for the resolution of impasses
where specific procedures for resolution are contained in this
chapter or in a local rule, or when the procedures are utilized by
mutual consent.
(f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
(g) "Promotion" means promotion within the trial court as defined
in the trial court's personnel policies, procedures, and plans,
subject to meet and confer in good faith.
(h) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent trial
court employees by the county under Sections 3500 to 3510, inclusive,
prior to the implementation date of this chapter, or by the trial
court under Rules 2201 to 2210, inclusive, of the California Rules of
Court, as those rules read on April 23, 1997, Sections 70210 to
70219, inclusive, or Article 3 (commencing with Section 71630) of
this chapter.
(i) "Subordinate judicial officer" means an officer appointed to
perform subordinate judicial duties as authorized by Section 22 of
Article VI of the California Constitution, including, but not limited
to, a court commissioner, probate commissioner, child support
commissioner, referee, traffic trial commissioner,
traffic referee, traffic hearing officer, juvenile
referee, and judge pro tempore juvenile
hearing officer .
(j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
(k) "Trial court" means a superior court or a municipal
court .
(l) "Trial court employee" means a person who is both of the
following:
(1) Paid from the trial court's budget, regardless of the funding
source. For the purpose of this paragraph, "trial court's budget"
means funds from which the presiding judge of a trial court, or his
or her designee, has authority to control, authorize, and direct
expenditures, including, but not limited to, local revenues, all
grant funds, and trial court operations funds.
(2) Subject to the trial court's right to control the manner and
means of his or her work because of the trial court's authority to
hire, supervise, discipline, and terminate employment. For purposes
of this paragraph only, the "trial court" includes the judges of a
trial court or their appointees who are vested with or delegated the
authority to hire, supervise, discipline, and terminate.
(m) A person is a "trial court employee" if and only if both
paragraphs (1) and (2) of subdivision (l) are true irrespective of
job classification or whether the functions performed by that person
are identified in Rule 810 of the California Rules of Court. The
phrase "trial court employee" includes those subordinate judicial
officers who satisfy paragraphs (1) and (2) of subdivision (l). The
phrase "trial court employee" does not include temporary employees
hired through agencies, jurors, individuals hired by the trial court
pursuant to an independent contractor agreement, individuals for whom
the county or trial court reports income to the Internal Revenue
Service on a Form 1099 and does not withhold employment taxes,
sheriffs, and judges whether elected or appointed.
SEC. 418. Section 71620 of the Government Code is amended to read:
71620. (a) Each trial court may establish such job
classifications and may appoint such trial court officers,
deputies, assistants, and employees as are deemed necessary for
the performance of the duties and the exercise of the powers
conferred by law upon the trial court and its members.
(b) Each trial court may appoint an executive or administrative
officer who shall hold office at the pleasure of the trial court and
shall exercise such administrative powers and perform such other
duties as may be required by the trial court. The executive or
administrative officer has the authority of a clerk of the trial
court. The trial court shall fix the qualifications of the executive
or administrative officer and may delegate to him or her any
administrative powers and duties required to be exercised by the
trial court. Notwithstanding any other provision of law,
the trial court may, by local rule, specify which of the powers,
duties, and responsibilities required or permitted to be exercised or
performed by the county clerk in connection with judicial actions,
proceedings, and records shall be exercised or performed by the
executive or administrative officer. The county clerk shall be
relieved of any obligation imposed on him or her by law with respect
to these specified powers, duties, and responsibilities, to the
extent the local rule imposes on the executive or administrative
officer the same powers, duties, and responsibilities.
SEC. 419. Section 71622 of the Government Code is amended to read:
71622. (a) Each trial court may establish and may appoint such
subordinate judicial officers as are deemed necessary for the
performance of subordinate judicial duties as are authorized by law
to be performed by subordinate judicial officers. However, the
number and type of subordinate judicial officers in a trial court
shall be subject to approval by the Judicial Council. Subordinate
judicial officers shall serve at the pleasure of the trial court.
(b) The appointment of a subordinate judicial officer shall be
made by order entered in the minutes of the court.
(c) The Judicial Council shall promulgate rules establishing the
minimum qualifications and training requirements for subordinate
judicial officers.
(d) The presiding judge of a superior court may cross-assign one
type of subordinate judicial officer to exercise all the powers and
perform all the duties authorized by law to be performed by another
type of subordinate judicial officer, but only if the person
cross-assigned satisfies the minimum qualifications and training
requirements for the new assignment established by the Judicial
Council pursuant to subdivision (c).
(e) The superior courts of two or more counties may appoint the
same person as court commissioner.
(f) As of the implementation date of this chapter, all persons who
were authorized to serve as subordinate judicial officers pursuant
to other provisions of law shall be authorized by this section to
serve as subordinate judicial officers at their existing salary rate,
which may be a percentage of the salary of a judicial officer.
(g) A subordinate judicial officer may not engage in the private
practice of law except to the extent permitted by Judicial Council
rules.
SEC. 420. Section 71674 of the Government Code is amended to read:
71674. The California Law Revision Commission shall determine
whether any provisions of law are obsolete as a result of the
enactment of this chapter, the enactment of the Lockyer-Isenberg
Trial Court Funding Act of 1997 (Chapter 850 of the Statutes of
1997), or the implementation of trial court unification, and shall
recommend to the Legislature any amendments to remove those obsolete
provisions. The commission shall report its recommendations to the
Legislature, including any proposed statutory changes , on
or before January 1, 2002 .
SEC. 421. Article 1 (commencing with Section 72000) of Chapter 8
of Title 8 of the Government Code is repealed.
SEC. 422. Article 1 (commencing with Section 72004) is added to
Chapter 8 of Title 8 of the Government Code, to read:
Article 1. General Provisions
72004. Sections 24350 to 24356, inclusive, and Sections 29350 and
29351 apply to officers of superior courts and to the disposition of
fees collected by those officers.
SEC. 423. Section 72053.5 of the Government Code is repealed.
72053.5. In addition to salary, a judge, commissioner, traffic
referee, or clerk of the municipal court shall be allowed any
registration fee or other charge necessarily incurred in connection
with any convention, school, conference, or meeting at which his
attendance is authorized by the board of supervisors, and he shall
also be allowed his necessary traveling expenses which shall be
computed at the same rate for each mile traveled that is authorized
by the board of supervisors as travel expense for officers of the
county.
SEC. 424. Section 72110 of the Government Code is amended to read:
72110. (a) Notwithstanding any other provision of law, the Board
of Supervisors of Riverside County may find, after holding a public
hearing on the issue, that cost savings can be realized by
consolidation of court-related services provided by the sheriff and
both offices of the marshal within that county. If that finding is
made, there shall be conducted among all of the judges of the
superior and municipal courts of that county an election to determine
the agency, either the sheriff or both offices of the marshal,
under which court-related services shall be consolidated. The
outcome shall be determined by a simple majority of votes cast. The
registrar of voters shall administer that election and tabulate the
results thereof. The results of that election shall be reported
within 15 days following the election period by the registrar of
voters to the board of supervisors and to the judges of the superior
and municipal courts of that county. The board of supervisors shall
immediately commence and, within a reasonable time not to exceed 90
days, implement the determination made by a majority of the votes
cast by the judges of the superior and municipal courts of the county
in that election. If an election is not conducted within 90 days of
notification of the board of supervisors' finding, or if the results
of the election are evenly divided, the board of supervisors of that
county shall determine under which agency, either the sheriff or
both offices of the marshal, court-related services shall be
consolidated, and shall proceed to implement that consolidation as if
on the basis of a majority of the votes cast by the judges of the
superior and municipal courts of that county.
(b) Notwithstanding any other provision of law, the marshals and
all personnel of the marshals' offices or personnel of the sheriff's
office affected by a consolidation of court-related services under
this section or Section 26668 shall become
employees of that consolidated office at their existing or equivalent
classifications, salaries, and benefits, and except as may be
necessary for the operation of the agency under which court-related
services are consolidated, shall not be involuntarily transferred
during a period of six years following the consolidation out of that
consolidated court-related services office. The elective offices of
marshal for the County of Riverside shall be abolished upon a
determination pursuant to the procedures required by this section
or Section 26668 that consolidated court-related
services shall be provided by the sheriff.
(c) Permanent employees of the marshals' offices or sheriff's
office on the effective date of a consolidation under this section
or Section 26668 shall be deemed qualified, and no
other qualifications shall be required for employment or retention.
Probationary employees of the sheriff's office or the marshals'
offices on the effective date of a consolidation under this section
or Section 26668 shall retain their probationary
status and rights, and shall not be deemed to have transferred so as
to require serving a new probationary period. Transferring personnel
may be required to take a promotional examination to promote to a
higher classification but shall not be required
to retest for his or her existing classification
as a prerequisite to testing for a higher classification. A
transferring deputy marshal requesting a transfer to another division
in the sheriff's office shall not be required to take a written test
as a prerequisite to making a lateral transfer.
(d) All county service or service by employees of the sheriff's
office or the marshals' offices on the effective date of a
consolidation under this section or Section 26668
shall be counted toward seniority in that court-related services
office, and all time spent in the same, equivalent, or higher
classification shall be counted toward classification seniority.
(e) No employee of the sheriff's office or the marshals' offices
on the effective date of a consolidation under this section
or Section 26668 shall lose peace officer status, or be
demoted or otherwise adversely affected by a consolidation of court
services.
(f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date. The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 425. Section 72111 of the Government Code is repealed.
72111. In addition to their salaries, the marshals, assistants,
and deputies of municipal courts, except custodians, shall be allowed
their actual and necessary incidental expenses incurred in the
actual performance of their duties, including traveling expenses. At
the option of the board of supervisors, they may be furnished with
automobiles at public expense or allowed traveling expenses at the
rate a mile fixed by the board of supervisors for the operation of
automobiles actually used in performance of their duty on public
business or paid for such other method of transportation as they may
adopt.
SEC. 426. Section 72113 of the Government Code is repealed.
72113. Wherever parity of salaries and employee benefits have
been established between marshals attaches and county employees by
the provisions of this code and a county adopts an educational
incentive program by virtue of which employees of the department of
sheriff receive additional compensation or remuneration dependent
upon the class of certificate acquired from the Commission on Peace
Officer Standards and Training, a specialized certificate issued to a
peace officer member of a marshal's department shall be deemed to be
the equivalent of a Commission on Peace Officer Standards and
Training certificate issued to peace officer members of a sheriff's
department or a police department of a city.
For the purposes of this section the term "law enforcement
experience," as used in the regulations and specifications adopted by
the Commission on Peace Officer Standards and Training, shall be
deemed to include service in a peace officer classification of a
marshals department.
Whenever the requirements of the Commission on Peace Officer
Standards and Training for a basic, intermediate, or advanced
certificate have been fully met and this fact is certified to the
county auditor by a school certified by the Commission on Peace
Officer Standards and Training and the marshal, and a certificate is
issued, the employee shall be entitled to any additional compensation
as described above as though he held such a certificate.
SEC. 427. Section 72114.1 of the Government Code is repealed.
72114.1. (a) The marshal and all personnel of a marshal's office
affected by a consolidation of court-related services under Section
72114 shall become members of such consolidated office at their
existing or equivalent classifications, salaries, and benefits, and
except as may be necessary for the operation of the agency under
which court-related services are consolidated, shall not be
involuntarily transferred out of such consolidated court-related
services office.
(b) Permanent employees of a marshal's office on the effective
date of a consolidation under Section 72114 shall be deemed
qualified, and no other qualifications shall be required for
employment or retention. Probationary employees of a marshal's
office on the effective date of a consolidation under Section 72114
shall retain their probationary status and rights, and shall not be
deemed to have transferred so as to require serving a new
probationary period.
(c) All county service or service in a marshal's office of
employees of a marshal's office on the effective date of a
consolidation under Section 72114 shall be counted toward seniority
in such court-related services office, and all time spent in the
same, equivalent or higher classification shall be counted toward
classification seniority.
(d) No employee of a marshal's office on the effective date of a
consolidation under Section 72114 shall lose peace officer status, or
be demoted or otherwise adversely affected by a consolidation of
court services under this section.
SEC. 428. Section 72114.2 of the Government Code, as added by
Chapter 335 of the Statutes of 1999, is repealed.
72114.2. (a) Notwithstanding any other provision of law, on or
after January 1, 2000, the San Diego County Marshal's Office shall be
abolished, and there shall be a bureau in the San Diego County
Sheriff's Department under which court security services and the
service of civil and criminal process are consolidated.
This bureau's primary function shall be to provide the management
with direction, supervision, and personnel for court-related services
which include court security, the service of civil and criminal
process, public safety protection, judicial protection, standards of
performance, and other matters incidental to the performance of those
services.
The sheriff shall be appointing authority for all bureau
personnel. The person selected by the sheriff to oversee the
operation of court-related services, as described in this section,
shall report directly to the sheriff.
Notwithstanding Section 77212, the operational service level for
court security services shall be in accordance with agreements
between the court and the County of San Diego, which shall not
provide a lesser operational service level than may be required by
statute.
The operational service level for the service of civil and
criminal process and for administrative services shall be in
accordance with agreements between the court and the County of San
Diego, which shall not provide a lesser operational service level
than may be required by statute.
To ensure that the costs assessed to the court for bureau services
are in full conformance with the rules of court and statutes
concerning trial court funding, the bureau shall be maintained as a
separate organizational unit for budgeting and cost accounting
purposes.
On a semiannual basis or more often as required by law, the
sheriff shall provide the court with an accounting of costs for the
bureau, in sufficient detail to allow for an assessment of budget
performance, separately, for each function of the bureau. The county
auditor and controller shall provide to the court copies of each
audit report conducted on the bureau. The court is authorized to
conduct, and the sheriff shall cooperate in, independent financial
audits of the bureau, either by court staff or by independent
auditors.
(b) Notwithstanding any other provision of law, concomitant with
the abolition of the marshal's office all personnel of the marshal's
office shall become employees of the sheriff's department at their
existing or equivalent classification, salaries, and benefits.
The marshal and the assistant marshal or their equivalents, may
become employees of the sheriff's department.
(c) Permanent employees of the marshal's office on the effective
date of transfer of services from the marshal to the sheriff pursuant
to this section shall be deemed to be qualified, and no other
qualifications shall be required for employment or retention.
Promotions for all personnel from the marshal's office shall be made
pursuant to standards set by the sheriff. Probationary employees in
the marshal's office on the effective date of the abolition shall not
be required to serve a new probationary period. All probationary
time served as an employee of the marshal shall be credited toward
probationary time required as an employee of the sheriff's
department.
(d) All county service and all service with the marshal's office
by employees of the marshal's office on the effective date of the
abolition of the marshal's office shall be counted toward seniority
in the sheriff's department. All time spent in the same, equivalent,
or higher classification shall be counted toward classification
seniority.
(e) As a result of the abolition of the marshal's office, no
employee of the marshal's office who becomes an employee of the
sheriff's department pursuant to this section shall lose peace
officer status or be reduced in rank or salary.
(f) Prior to the abolition of the marshal's office, the court and
the County of San Diego shall enter into a contractual agreement
regarding the provision of court security services to be provided by
the sheriff. Thereafter, from time to time, the court and the County
of San Diego may enter into agreements regarding the provision of
court security services to be provided by the sheriff.
(g) After abolition of the marshal's office, a two-member
committee comprised of a representative of the presiding judge of the
superior court and a representative of the sheriff shall make
recommendations to the sheriff regarding courtroom assignments of
bailiffs. Bailiff assignments and the release from those assignments
shall be made only after consultation with, and concurrence of, the
affected judge or judicial officer. The presiding judge may provide
the concurrence required by this section. This subdivision shall not
apply to actions instituted by the sheriff for fitness for duty
reasons or discipline that is subject to review by the San Diego
County Civil Service Commission.
(h) For a period of five years following the abolition of the
marshal's office, personnel of the marshal's office who become
employees of the sheriff's department shall not be transferred from
the bureau in the sheriff's department under which court-related
services and the service of civil and criminal process are
consolidated, unless the transfer is voluntary or is the result of
fitness for duty reasons or discipline that is subject to review by
the San Diego County Civil Service Commission.
(i) Personnel of the marshal's office who become employees of the
sheriff's department shall be entitled to request an assignment to
another bureau or division within the sheriff's department, and that
request shall be reviewed the same as any other request from within
the department.
(j) This section shall become operative in the County of San Diego
when the board of supervisors adopts a resolution declaring this
section operative. The implementation of this section shall be
subject to approval and adoption by the board of supervisors of
necessary actions, appropriations, and ordinances consistent with the
Charter of the County of San Diego and other statutory authority.
SEC. 429. Section 72114.2 of the Government Code, as amended by
Chapter 135 of the Statutes of 2000, is amended to read:
72114.2. (a) Notwithstanding any other provision of law, on or
after January 1, 2000, the San Diego County Marshal's Office shall be
abolished, and there shall be a bureau in the San Diego County
Sheriff's Department under which court security services and the
service of civil and criminal process are consolidated.
This bureau's primary function shall be to provide the management
with direction, supervision, and personnel for court-related services
that include court security, the service of civil and criminal
process, public safety protection, judicial protection, standards of
performance, and other matters incidental to the performance of those
services.
The sheriff shall be appointing authority for all bureau
personnel. The person selected by the sheriff to oversee the
operation of court-related services, as described in this section,
shall report directly to the sheriff.
Notwithstanding Section 77212, the operational service level for
court security services shall be in accordance with agreements
between the court and the County of San Diego, which shall not
provide a lesser operational service level than may be required by
statute.
The operational service level for the service of civil and
criminal process and for administrative services shall be in
accordance with agreements between the court and the County of San
Diego, which shall not provide a lesser operational service level
than may be required by statute.
To ensure that the costs assessed to the court for bureau services
are in full conformance with the rules of court and statutes
concerning trial court funding, the bureau shall be maintained as a
separate organizational unit for budgeting and cost accounting
purposes.
On a semiannual basis or more often as required by law, the
sheriff shall provide the court with an accounting of costs for the
bureau, in sufficient detail to allow for an assessment of budget
performance, separately, for each function of the bureau. The county
auditor and controller shall provide to the court copies of each
audit report conducted on the bureau. The court is authorized to
conduct, and the sheriff shall cooperate in, independent financial
audits of the bureau, either by court staff or by independent
auditors.
(b) Notwithstanding any other provision of law, concomitant with
the abolition of the marshal's office all personnel of the marshal's
office shall become employees of the sheriff's department at their
existing or equivalent classification, salaries, and benefits.
The marshal and the assistant marshal, or their equivalents, may
become employees of the sheriff's department.
(c) Permanent employees of the marshal's office on the effective
date of transfer of services from the marshal to the sheriff pursuant
to this section shall be deemed to be qualified, and no other
qualifications shall be required for employment or retention.
Promotions for all personnel from the marshal's office shall be made
pursuant to standards set by the sheriff. Probationary employees in
the marshal's office on the effective date of the abolition shall not
be required to serve a new probationary period. All probationary
time served as an employee of the marshal shall be credited toward
probationary time required as an employee of the sheriff's
department.
(d) All county service and all service with the marshal's office
by employees of the marshal's office on the effective date of the
abolition of the marshal's office shall be counted toward seniority
in the sheriff's department. All time spent in the same, equivalent,
or higher classification shall be counted toward classification
seniority.
(e) As a result of the abolition of the marshal's office, no
employee of the marshal's office who becomes an employee of the
sheriff's department pursuant to this section shall lose peace
officer status or be reduced in rank or salary.
(f) Prior to the abolition of the marshal's office, the court and
the County of San Diego shall enter into a contractual agreement
regarding the provision of court security services to be provided by
the sheriff. Thereafter, from time to time, the court and the County
of San Diego may enter into agreements regarding the provision of
court security services to be provided by the sheriff.
(g) After abolition of the marshal's office, a two-member
committee comprised of a representative of the presiding judge of the
superior court and a representative of the sheriff shall make
recommendations to the sheriff regarding courtroom assignments of
bailiffs. Bailiff assignments and the release from those assignments
shall be made only after consultation with, and concurrence of, the
affected judge or judicial officer. The presiding judge may provide
the concurrence required by this section. This subdivision shall not
apply to actions instituted by the sheriff for fitness for duty
reasons or discipline that is subject to review by the San Diego
County Civil Service Commission.
(h) For a period of five years following the abolition of the
marshal's office, personnel of the marshal's office who become
employees of the sheriff's department shall not be transferred from
the bureau in the sheriff's department under which court-related
services and the service of civil and criminal process are
consolidated, unless the transfer is voluntary or is the result of
fitness for duty reasons or discipline that is subject to review by
the San Diego County Civil Service Commission.
(i) Personnel of the marshal's office who become employees of the
sheriff's department shall be entitled to request an assignment to
another bureau or division within the sheriff's department, and that
request shall be reviewed the same as any other request from within
the department.
(j) This section shall become operative in the County of San Diego
when the board of supervisors adopts a resolution declaring this
section operative. The implementation of this section shall be
subject to approval and adoption by the board of supervisors of
necessary actions, appropriations, and ordinances consistent with the
charter of the County of San Diego and other statutory authority.
(k) This section shall remain in effect only until January 1,
2005, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2005, deletes or extends that
date. The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 430. Section 72115 of the Government Code is amended to read:
72115. (a) Notwithstanding any other provision of law,
the Board of Supervisors of San Bernardino County may, no later than
30 days after the effective date of this section, commence public
hearings regarding the abolition of the marshal's office and the
transferring of court-related services provided by the marshal within
the county to the sheriff's department. Within 30 days of the
commencement of public hearings as authorized by this section, the
board shall make a final determination as to the most cost-effective
and most efficient manner of providing court-related services.
(b) Concurrently, an election may be conducted among all of the
judges of the Consolidated Courts of San Bernardino County to provide
an advisory recommendation to the board of supervisors on the
abolition of the marshal's office and the transferring of
court-related services provided by the marshal within the county to
the sheriff's department. The outcome shall be determined by a
simple majority of votes cast. The vote of the judges shall then be
forwarded to the board of supervisors prior to the close of the
public hearing, and the board of supervisors shall take into
advisement the recommendation of the judges provided by the election
report.
(c) If the board determines to abolish the marshal's office and
transfer the duties of the marshal to the sheriff's office, the
abolishment of the office and the transfer of those duties shall be
completed within 30 days of that determination.
(d) This section applies to the abolition of the
marshal's office and the transfer of court-related services provided
by the marshal within the county to the sheriff's department.
(b) The courtroom assignment of bailiffs after abolition of
the marshal's office and the consolidation pursuant to this section
shall be determined by a two-member committee comprised of the
presiding judge of the consolidated superior
court and the sheriff, or their designees. Any new bailiff
assignments shall be made only after consultation with the affected
judge or commissioner in whose courtroom a new assignment is planned.
It is the intent of the Legislature, in enacting this subdivision,
to ensure that courtroom assignments are made in a manner which best
assures that the interests of the affected judge or commissioner and
bailiff are protected.
(e)
(c) Notwithstanding any other provision of law, the marshal
and all personnel of the marshal's office affected by the abolition
of the marshal's office in San Bernardino County shall become
employees of the sheriff's department at their existing or equivalent
classification, salaries, and benefits, and, except as may be
necessary for the operation of the agency under which court-related
services and the service of civil and criminal process are
consolidated, they shall not be involuntarily transferred out of the
consolidated office for a period of five years following the
consolidation.
(f)
(d) Personnel of the abolished marshal's office shall be
entitled to request an assignment to another division within the
sheriff's department, and that request shall be reviewed in the same
manner as any other request from within the department. Persons who
accept a voluntary transfer from the court services/civil division
shall waive their rights pursuant to subdivision (e).
(g)
(e) Permanent employees of the marshal's office on the
effective date of the abolition of the marshal's office pursuant to
this section shall be deemed to be qualified, and no other
qualifications shall be required for employment or retention.
Probationary employees of the marshal's office on the effective date
of a consolidation pursuant to this section shall retain their
probationary status and rights, and shall not be deemed to have
transferred so as to require serving a new probationary period.
(h)
(f) All county service or service by employees of the
marshal's office on the effective date of a consolidation pursuant to
this section shall be counted toward seniority in the consolidated
office, and all time spent in the same, equivalent, or higher
classification shall be counted toward classification seniority.
(i)
(g) No employee of the marshal's office on the effective
date of a consolidation pursuant to this section shall lose peace
officer status, or otherwise be adversely affected as a result of the
abolition and merger of personnel into the sheriff's department.
(h) This section shall remain in effect only until January 1,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date. The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 431. Section 72116 of the Government Code is amended to read:
72116. (a) Notwithstanding any other provision of law,
the board of supervisors of Shasta County may find, after holding a
public hearing on the issue, that cost savings or efficiencies can be
realized by consolidation of court-related services provided by the
marshal and sheriff within that county. If this finding is made, an
election shall be conducted among all of the judges of the superior
and municipal courts of the county to determine the agency, either
the marshal or the sheriff, under which court-related services shall
be consolidated. The outcome shall be determined by a simple
majority of votes cast by secret ballot, provided, that the total
number of votes cast exceeds 50 percent of the number of superior and
municipal court judges in the county, by at least one vote. The
executive officer of the courts shall administer the election and
tabulate the results. The presiding judges of the superior and
municipal courts shall inform the board of supervisors of the results
of the election within 15 days of the election. The board of
supervisors shall immediately commence and, within a reasonable time
not to exceed 90 days, implement the determination made by a majority
of the judges of the superior and municipal courts in the election.
If an election is not conducted within 90 days of notification of
the board of supervisors' finding, or if the results of the election
are evenly divided, the board of supervisors shall determine under
which agency, either the marshal or the sheriff, court-related
services shall be consolidated, and shall proceed to implement
consolidation as if on the basis of a majority vote of the judges of
the superior and municipal
courts This section applies to the consolidation of
court-related services within the marshal's office in Shasta County
.
(b) Except as provided in subdivision (f), all personnel of the
marshal's office or personnel of the sheriff's office affected by a
consolidation of court-related services under this section
or Section 26670 shall become employees of that
consolidated office at their existing or equivalent classifications,
salaries, and benefits, and except as may be necessary for the
operation of the agency under which court-related services are
consolidated, shall not be involuntarily transferred out of the
consolidated court-related services office for a period of four years
following the consolidation.
(c) Permanent employees of the marshal's office or sheriff's
office on the effective date of consolidation under this section
or Section 26670 shall be deemed qualified, and no
other qualifications shall be required for employment or retention.
Probationary employees of the marshal's office or the sheriff's
office on the effective date of a consolidation under this section
or Section 26670 shall retain their probationary
status and rights, and shall not be deemed to have transferred so as
to require serving a new probationary period.
(d) All county service or service by employees of the marshal's
office or the sheriff's office on the effective date of a
consolidation under this section or Section 26670
shall be counted toward seniority in that court-related services
office, and all time spent in the same, equivalent, or higher
classification shall be counted toward classification seniority.
(e) No employee of the marshal's office or the sheriff's office on
the effective date of a consolidation under this section or
Section 26670 shall lose peace officer status, or be
demoted or otherwise adversely affected by a consolidation of
court-related services.
(f) In the event that court-related services are
consolidated under the marshal's office, all All
sheriff's bailiffs affected by the consolidation shall be given the
option of becoming employees of the marshal's office or of remaining
with the sheriff's office. If a staffing shortage is created by the
exercise of this option by these bailiffs, the marshal may accept
qualified applicants from the sheriff's office under the provisions
of subdivisions (b), (c), (d), and (e).
SEC. 432. Section 72150 of the Government Code is repealed.
72150. If an increase in business of any municipal court or other
emergency requires a greater number of employees for the prompt and
faithful discharge of the business of the court than the number
expressly provided by law, or requires the performance of duties of
positions in the lowest salary bracket where all such positions have
been filled, with the approval of the judge or judges, the clerk or
the marshal of the court, or both, may appoint as many additional
deputies as will enable them to promptly and faithfully discharge the
duties of their respective offices.
SEC. 433. Section 72151 of the Government Code is repealed.
72151. The additional deputies shall be selected in the same
manner as those for whom express provision is made, and they shall
receive compensation from the same source and in the same amount as
the salary provided by law for the position of deputy clerk or deputy
marshal of such court, respectively, but may hold office by virtue
of such appointment not longer than 90 days after the adjournment of
the next regular session of the Legislature. Where the provisions of
law applicable to the particular municipal court provide for
increments of salary after a specified period of service, additional
deputies employed pursuant to Section 72150 and this section shall
receive credit toward such increments for service performed pursuant
to these sections. No deputy so temporarily appointed shall be
eligible for reappointment pursuant to this article, unless the
increase in business of the court or other emergency for which the
appointment has been made is deemed by the judge or judges to still
exist, in either of which case such deputy or deputies may receive
one reappointment, to be made as in the case of an original
appointment.
SEC. 434. Section 72190 of the Government Code is amended to read:
72190. Within the jurisdiction of the court and under the
direction of the judges, commissioners of municipal courts
shall exercise all the powers and perform all of the duties
authorized by law to be performed by commissioners of
superior courts and such additional powers and duties as may be
prescribed by law. At the direction of the judges,
commissioners may have the same jurisdiction and exercise the same
powers and duties as the judges of the court with respect to any
infraction or small claims action. The commissioners of
municipal courts shall possess the same qualifications the law
requires of a judge and shall hold office during the pleasure of the
court appointing them and shall not engage in the private practice of
law. They shall be ex officio deputy clerks.
Notwithstanding any other provision of law, a commissioner of a
municipal court or a justice court of any judicial district in this
state who has been duly appointed and has thereafter been retired for
service, or a commissioner of a superior court in this state
A commissioner who has been duly appointed and
has thereafter been retired from service, may be assigned by the
presiding judge or sole judge of a municipal court
to serve as a court commissioner of the court for any periods of
time as he or she is needed for the prompt and efficient discharge of
the business of that court. While serving, he or she shall be paid
the full compensation of a court commissioner, payable as follows:
he or she shall continue to receive his or her retirement allowance,
and in addition the county court shall
pay him or her the amount equal to the difference between the
retirement allowance and full compensation. That employment shall
not operate to reinstate him or her as a member of the
county retirement system or to terminate or suspend his or
her retirement rights or allowance, and no deductions shall be made
from his or her compensation as contributions to the retirement
system.
SEC. 435. Section 72190.1 of the Government Code is amended to
read:
72190.1. A commissioner of a municipal court
may conduct arraignment proceedings in the court
on a complaint if directed to perform those duties by the
presiding or sole judge of the court, including
the issuance and signing of bench warrants.
SEC. 436. Section 72190.2 of the Government Code is amended to
read:
72190.2. If directed to perform such duties by the presiding
judge or sole judge of the court , a commissioner
of the municipal court may issue and sign a bench
warrant for the arrest of a defendant who fails to appear in court
when required to appear by law or who fails to perform any act
required by court order.
SEC. 437. Section 72190.5 of the Government Code is repealed.
72190.5. All trial court commissioner and referee positions in
the municipal courts that were funded and filled as of January 1,
1999, and that are not authorized under any other section of the
Government Code are hereby authorized under this section. This
section is not intended to replace, modify, or otherwise alter the
terms, conditions, or qualifications of any existing section
pertaining to the appointment of trial court commissioners and
referees.
SEC. 438. Section 72191 of the Government Code is repealed.
72191. The jury commissioner of a municipal court shall exercise
all the powers of the jury commissioner of a superior court insofar
as they are applicable to municipal courts, and in addition without
extra compensation may be appointed and serve as a general
commissioner of the court if he possesses the qualifications
prescribed therefor.
SEC. 439. Section 72192 of the Government Code is repealed.
72192. Whenever the appointment of a commissioner or jury
commissioner is authorized by law, he shall be appointed by and hold
office at the pleasure of a majority of the judges or the judge
senior in service when there is an equal division of the judges. He
shall be a member of any retirement system which includes municipal
court attaches.
SEC. 440. Section 72194 of the Government Code is repealed.
72194. By order entered upon the minutes of the court, a majority
of the judges of the municipal court may appoint as many competent
phonographic reporters as the business of the court requires, to be
known as official reporters of such court. The official reporters
shall hold office during the pleasure of the judges of such court.
SEC. 441. Section 72194.5 of the Government Code is amended to
read:
72194.5. Whenever an official court reporter or a
temporary court reporter or an official reporter pro
tempore is unavailable to report an action or proceeding in a
court, subject to the availability of approved equipment and
equipment monitors, the court may order that, in a limited civil
case, or a misdemeanor or infraction case, the action or proceeding
be electronically recorded, including all the testimony, the
objections made, the ruling of the court, the exceptions taken, all
arraignments, pleas, and sentences of defendants in criminal cases,
the arguments of the attorneys to the jury, and all statements and
remarks made and oral instructions given by the judge. The
court shall assign available reporters first to report preliminary
hearings and then to other proceedings. A transcript
derived from an electronic recording may be utilized whenever a
transcript of court proceedings is required. The electronic
recording device and appurtenant equipment shall be of a type
approved by the Judicial Council for courtroom use.
SEC. 442. Section 72195 of the Government Code is repealed.
72195. Sections 69942 to 69955, inclusive, of this code and
Section 273 of the Code of Civil Procedure are hereby made applicable
to the qualifications, duties, official oath, certification of
transcripts, fees, and notes of official reporters of municipal
courts, except that the fee for reporting testimony and proceedings
in contested cases, except for official reporters of municipal courts
where a statute provides otherwise, is fifty-five dollars ($55) a
day, or any fractional part thereof.
SEC. 443. Section 72196 of the Government Code is repealed.
72196. Whenever the business of the court requires, the presiding
or sole judge of the municipal court may request the services of one
or more official reporters of the superior court within the same
county to act as pro tempore phonographic reporter of the municipal
court in criminal cases. Any such request shall be addressed to the
presiding judge of the superior court. Such request shall be granted
or denied in the manner and subject to the provisions set forth in
Article 9 (commencing with Section 69941) of Chapter 5 of Title 8 of
this code.
SEC. 444. Section 72197 of the Government Code is repealed.
72197. Whenever such request has been granted and any official
reporter of the superior court has been assigned to act as a pro
tempore phonographic reporter of the municipal court, such reporter
shall, during the period of such assignment to the municipal court,
perform the duties of an official reporter of such municipal court
and during the time of any such assignment such reporter shall be
subject to the provisions of Sections 69942 to 69955, inclusive, and
Sections 273 and 274c of the Code of Civil Procedure.
SEC. 445. Section 72198 of the Government Code is repealed.
72198. In any county in which the official reporter of the
superior court receives an annual salary fixed by law no additional
compensation shall be paid to such reporter for any service rendered
by the reporter while assigned to the municipal court; provided,
however, that any official reporter of the superior court assigned to
a municipal court situated at a place other than the situs of the
superior court in which said reporter regularly serves shall receive
mileage from said superior court to the municipal court to which the
reporter has been assigned, and return, for each day, or fraction
thereof, during which said superior court reporter serves in the
municipal court; the rate for mileage so allowed shall be that fixed
and paid to county employees generally.
SEC. 446. Section 72199 of the Government Code is repealed.
72199. Notwithstanding any other provision of law, whenever a
daily transcript is ordered in a civil case requiring the services of
more than one phonographic reporter, the party requesting the daily
transcript, in addition to any other required fee, shall pay a fee
per day, or portion thereof, equal to the per diem rate for pro
tempore reporters established by statute, local rule, or ordinance
for the services of each additional reporter for the first day and
each subsequent day the additional reporters are required.
SEC. 447. Article 6 (commencing with Section 72230) of Chapter 8
of Title 8 of the Government Code is repealed.
SEC. 448. Article 7 (commencing with Section 72270) of Chapter 8
of Title 8 of the Government Code is repealed.
SEC. 449. Section 72301 of the Government Code is amended to read:
72301. The clerk of the municipal court or
superior court in a county in which there is no municipal
court or one or more deputy clerks, the sheriff or one or
more deputy sheriffs, or one or more city police officers shall be in
attendance at all hours of the day and night, including Sundays and
holidays, and may fix and accept bail pursuant to procedures
established by the court for the appearance before the court of any
defendant charged in the court with an offense of which the
court has jurisdiction or whenever a defendant has been
arrested and booked within the territorial limits of said
judicial district county for having committed a
misdemeanor. The amount of bail shall be pursuant to a schedule of
bail in such cases previously fixed and approved by the judges of the
court at their annual meeting. If a warrant has been issued for the
arrest of the defendant, the bail shall be in the amount fixed in
the warrant. The bail shall be cash, negotiable United States
Treasury bonds, or a surety bond executed by a certified, admitted
surety insurer as provided in the Insurance Code.
SEC. 450. Section 72400 of the Government Code is repealed.
72400. The judges of a municipal court having three or more
judges may appoint one traffic referee, who shall hold office at the
pleasure of the judges. The judges of a municipal court having more
than 20 judges and located in a county containing a population, as
determined by the 1970 federal decennial census, of 1,300,000 and
under 1,400,000, may appoint two traffic referees, who shall hold
office at the pleasure of the judges. A traffic referee shall serve
his court full time or, if appointed to serve two or more courts,
sufficient time with each to total full time. A person is ineligible
to be a traffic referee unless he is a member of the State Bar of
California or has had five years' experience as a justice court judge
in this state within the eight years immediately preceding his
appointment as a traffic referee.
SEC. 451. Section 72403 of the Government Code is amended to read:
72403. The traffic referee shall have the power of a deputy clerk
of the court, and shall perform such other duties as may
be assigned to him by the court , and
shall be a member of any retirement system which includes the attachG
s of the court. In addition if he possesses the qualifications
prescribed by law for such office he may be appointed and serve as a
commissioner of the court and receive the monthly salary provided by
law for a commissioner of the court .
SEC. 452. Section 72404 of the Government Code is repealed.
72404. Unless otherwise provided by statute the traffic referee
shall receive a salary equal to 50 percent of the salary of a judge
of the municipal court.
SEC. 453. Section 72405 of the Government Code is repealed.
72405. Any commissioner of the court having the qualifications
prescribed in this article for a traffic referee or those prescribed
in Section 72190 for commissioners may at the direction of the court
exercise any of the powers which a traffic referee may exercise.
SEC. 454. Section 72406 of the Government Code is repealed.
72406. Notwithstanding the provisions of Section 72400 any person
who was performing duties substantially comparable to those set
forth in this article on the effective date of this article and who
has performed such duties for a period of at least one year prior to
July 1, 1969, shall be eligible for appointment to the position of
traffic referee and shall receive a salary equal to 65 percent of the
salary of a judge of the municipal court.
SEC. 455. Section 72408 of the Government Code is repealed.
72408. (a) Notwithstanding Section 72400, in Santa Barbara
County, upon adoption of a resolution described in subdivision (b) by
the board of supervisors, the judges of the municipal court may
appoint a traffic referee or a hearing officer who may hear traffic
matters and exercise the powers of a traffic referee. Either the
traffic referee or the hearing officer shall hold office at the
pleasure of the judges of the municipal court.
(b) The county shall be bound by, and the resolution adopted by
the board of supervisors shall specifically recognize, the following
conditions:
(1) The county has sufficient funds for the support of either
position and any staff who will provide direct support to the
position, agrees to assume any additional costs that may result
therefrom, and agrees that no state funds shall be made available, or
shall be used, in support of this position or any staff who provide
direct support to this position.
(2) Neither the traffic referee nor the hearing officer shall be
deemed a judicial position for purposes of calculating trial court
funding pursuant to Section 77202.
(3) The salary for either position and for any staff who provide
direct support to the position shall not be considered as part of
court operations for purposes of Sections 77003 and 77204.
(4) The county agrees not to seek funding from the state for
payment of the salary, benefits, or other compensation for such a
referee or hearing officer or for any staff who provide direct
support to the position.
SEC. 456. Article 10 (commencing with Section 72450) of Chapter 8
of Title 8 of the Government Code is repealed.
SEC. 457. Chapter 9 (commencing with Section 72600) of Title 8 of
the Government Code is repealed.
SEC. 458. Chapter 9.1 (commencing with Section 73075) of Title 8
of the Government Code is repealed.
SEC. 459. Chapter 9.2 (commencing with Section 73100) of Title 8
of the Government Code is repealed.
SEC. 460. Section 73300 of the Government Code is repealed.
73300. When an annual salary is prescribed in this chapter, the
salary is payable in equal monthly installments, except that if an
annual salary is prescribed in this chapter for the judges, clerks,
and other officers and attaches of the municipal court of the City
and County of San Francisco, such salary is payable either in equal
monthly installments or in equal semimonthly installments, as may be
determined pursuant to law.
SEC. 461. Section 73301 of the Government Code is amended to read:
73301. Persons who succeeded to positions in the municipal court
upon its establishment shall receive credit for continuous prior
service in superseded courts and in the sheriff's department or
constabulary of the county, and, in addition to the minimum rate,
such persons shall receive the annual increments commensurate with
such years of prior service up to the maximum rate set. This section
applies to municipal courts provided for in former
Articles 3, 7, 12, 13, 15, 18, 22, 23, 29, 31, and 32 of this
chapter.
SEC. 462. Article 1.5 (commencing with Section 73330) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 463. Article 2 (commencing with Section 73340) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 464. Article 3 (commencing with Section 73390) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 465. Article 3.1 (commencing with Section 73400) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 466. Article 4 (commencing with Section 73430) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 467. Article 5 (commencing with Section 73480) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 468. Article 6 (commencing with Section 73520) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 469. Article 7 (commencing with Section 73560) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 470. Article 7.5 (commencing with Section 73580) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 471. Article 8 (commencing with Section 73600) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 472. Article 9 (commencing with Section 73640) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 473. Article 9.5 (commencing with Section 73660) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 474. Article 9.5 (commencing with Section 73665) is added to
Chapter 10 of Title 8 of the Government Code, to read:
Article 9.5. Humboldt County
73665. (a) Effective January 1, 1999, the Sheriff of Humboldt
County shall assume the duties and responsibilities of the Humboldt
County Marshal and the office of the marshal shall be consolidated
with the office of sheriff. Upon the effective date of the
consolidation there shall be established within the Humboldt County
Sheriff's Department a unit designated as the Court Security Services
Division. The Sheriff of Humboldt County shall be responsible for
the management and operation of this division, in accordance with
this article.
(b) Neither this article nor any provision hereof, shall be deemed
in any manner to limit or otherwise impair the power vested by all
other laws in the Superior Court of Humboldt County to secure proper
provision of court-related services.
(c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date. The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.
73666. (a) Permanent employees of the marshal's office on the
effective date of consolidation under this article shall be deemed
qualified, and no other qualifications shall be required for
employment or retention. Probationary employees of the marshal's
office on the effective date of a consolidation under this article
shall retain their probationary status and rights, and shall not be
deemed to have transferred so as to require serving a new
probationary period.
(b) County service of employees of the marshal's office on the
effective date of the consolidation under this article, shall be
counted toward seniority in the consolidated office, and all time
spent in the same, equivalent, or higher classification shall be
counted toward classification seniority.
(c) No provision of this section shall be deemed to restrict the
authority of the sheriff to discipline any employee in accordance
with county personnel policies, and memoranda of understanding, or
rules, regulations, and procedures otherwise applicable, and except
as otherwise expressly provided in this section, the discretion of
the sheriff to assign, promote, direct, and control employees
formerly assigned to the marshal's office shall not be deemed in any
manner restricted by virtue of the abolition or consolidation.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date. The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 475. Article 9.7 (commencing with Section 73671) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 476. Article 10 (commencing with Section 73680) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 477. Article 10.5 (commencing with Section 73698) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 478. Article 11 (commencing with Section 73701) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 479. Article 11.5 (commencing with Section 73730) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 480. Article 11.6 (commencing with Section 73750) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 481. Article 11.6 (commencing with Section 73757) is added to
Chapter 10 of Title 8 of the Government Code, to read:
Article 11.6. Madera County
73757. (a) In Madera County the majority of the judges of the
superior court have voted to consolidate court services and security
functions in the office of the Sheriff of Madera County.
(b) The sheriff's functions shall include, but not be limited to,
providing all bailiff functions for the unified superior court in
Madera County, and all other duties imposed by law upon deputy
sheriffs and peace officers generally.
(c) The sheriff shall be responsible for the service of all writs,
notices, and other processes issued by any court or other competent
authority. Nothing in this section shall be construed as limiting the
responsibility or authority of a private person or registered
process server from serving process or notices in the manner
prescribed by law, nor shall it limit the authority of the sheriff or
any other peace officer to serve warrants of arrest or other process
specifically directed by any court to the sheriff or any other peace
officer.
(d) Each elected marshal holding office in Madera County as of
January 1, 2000, shall become an employee of the Madera County
Sheriff's Department in the position of Sheriff's Bailiff, as of that
date and each elective position of Marshal of the Madera County
Municipal Court District is abolished as of that date. Each marshal
transferring to the sheriff's department pursuant to this section
shall be compensated at not less than the EL-10 step of Salary Range
43 (table B). No transferring marshal shall lose peace officer
status or be demoted or otherwise be adversely affected by the
consolidation of court-related services accomplished by this section.
Each transferring marshal employed in the position of Sheriff's
Bailiff shall be deemed duly qualified for that position and no other
qualifications shall be required for that employment or retention in
that position. Any transferring marshal wishing to transfer to
another position shall meet the qualifications of a peace officer as
required by subdivision (a) of Section 832 of the Penal Code and any
other requirements of the Madera County civil service system. For
purposes of establishing seniority within the class of Sheriff's
Bailiff, each transferring marshal shall be credited with the marshal'
s total years of services to Madera County as a constable and
marshal.
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date. The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 482. Article 12 (commencing with Section 73770) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 483. Article 12.2 (commencing with Section 73783.1) of
Chapter 10 of Title 8 of the Government Code is repealed.
SEC. 484. Article 12.3 (commencing with Section 73784) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 485. Article 12.5 (commencing with Section 73790) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 486. Article 12.5 (commencing with Section 73796) is added to
Chapter 10 of Title 8 of the Government Code, to read:
Article 12.5. Merced County
73796. There shall be one marshal of the Merced County Superior
Court. When a vacancy occurs in the office, a majority of the
superior court judges shall appoint the marshal and the marshal shall
serve at their pleasure.
SEC. 487. Article 13 (commencing with Section 73820) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 488. Article 14 (commencing with Section 73870) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 489. Article 16 (commencing with Section 73950) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 490. Article 17.1 (commencing with Section 74010) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 491. Article 18 (commencing with Section 74020) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 492. Article 20 (commencing with Section 74130) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 493. Article 21.5 (commencing with Section 74190) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 494. Article 21.6 (commencing with Section 74205) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 495. Article 25 (commencing with Section 74340) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 496. Article 25.1 (commencing with Section 74355) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 497. Article 26 (commencing with Section 74500) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 498. Article 27 (commencing with Section 74600) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 499. Article 27 (commencing with Section 74602) is added to
Chapter 10 of Title 8 of the Government Code, to read:
Article 27. San Luis Obispo County
74602. Facilities for the San Luis Obispo County Superior Court
shall be maintained in the City of San Luis Obispo, and may be
maintained at any other location within the county. The court may
hold sessions at each facility, as business requires. At the
direction of the presiding judge, any subordinate judicial officer
may perform his or her duties at any court location. At the
direction of the court, arraignment of criminal defendants who are in
custody at the San Luis Obispo County Jail facility shall be held at
that facility.
SEC. 500. Article 28 (commencing with Section 74640) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 501. Article 28.5 (commencing with Section 74660) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 502. Article 29 (commencing with Section 74690) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 503. Article 29.5 (commencing with Section 74700) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 504. Article 29.6 (commencing with Section 74720) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 505. Article 30 (commencing with Section 74740) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 506. Article 30.1 (commencing with Section 74760) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 507. Article 31 (commencing with Section 74780) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 508. Article 31 (commencing with Section 74784) is added to
Chapter 10 of Title 8 of the Government Code, to read:
Article 31. Stanislaus County
74784. (a) All sworn personnel of the former Stanislaus County
marshal's office who are assigned to court services on the date of
the elimination of the marshal's office shall become members of the
sheriff's Court Services Bureau, with those permanent employees
holding the rank of deputy marshal becoming deputy sheriff coroners.
Sworn personnel may be transferred to another position in the
sheriff's office at the same or equivalent classification, but shall
not be involuntarily transferred out of the Court Services Bureau.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed unless a later enacted statute,
which is enacted before January 1, 2018, deletes or extends that
date. The repeal of this section does not affect any right or
benefit to which a person was entitled on the date of repeal.
SEC. 509. Article 32 (commencing with Section 74800) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 510. Section 74820.1 of the Government Code is repealed.
74820.1. (a) Notwithstanding any other provision of law, the
Board of Supervisors of San Joaquin County may determine that it is
in the public interest to consolidate court security functions
provided by the sheriff and the marshal within that county.
(b) If that finding is made, there shall be conducted among all of
the incumbent judges and commissioners of the superior and municipal
courts of that county an election to determine the office, either
the marshal's office or sheriff's office, under which those services
shall be consolidated. The outcome shall be determined by a simple
majority of votes cast, provided that the total number of votes cast
exceeds 50 percent of the number of incumbent superior and municipal
judges and commissioners in the county, by at least one vote. The
registrar of voters shall administer that election and tabulate the
results thereof within 15 days after the board of supervisors makes
that finding. The results of the election shall be publicly reported
within 15 days following the election period by the registrar of
voters to the board of supervisors.
(c) The board of supervisors shall immediately commence and,
within a reasonable time not to exceed 90 days, implement the
decision made by a majority of the incumbent judges and commissioners
of the superior and municipal courts of that county in that
election. If the results of the election are evenly divided, the
board of supervisors may call additional elections without making
additional findings.
SEC. 511. Section 74820.1 is added to the Government Code, to
read:
74820.1. This article applies to the abolition of the marshal's
office and the consolidation of court security functions and service
of process and notice functions in the sheriff's office.
SEC. 512. Section 74820.2 of the Government Code is amended to
read:
74820.2. There is a court services division within the San
Joaquin County Sheriff's Department to provide security within the
superior and municipal courts court .
SEC. 513. Section 74820.3 of the Government Code is amended to
read:
74820.3. (a) The sheriff shall be the appointing authority for
all court services division positions and employees.
(b) The incumbent marshal of San Joaquin County shall
become the sheriff's division chief (exempt) of the court services
division upon the operative date of this section and may not be
removed except by the sheriff with the concurrence of a majority of
the incumbent judges and commissioners. His or her salary and
benefits shall not be reduced. Upon the vacancy of this initial
position, the classification, salary, and benefits shall be
reevaluated by the county.
(c) Selection, appointment, and removal of
subsequent chiefs of the court services division shall be
made by a majority vote of the incumbent superior court and
municipal court judges and commissioners from a list of
qualified candidates submitted by a committee comprised of the
sheriff , and an incumbent judge of the
superior court , and an incumbent judge of the municipal
court selected by the board of supervisors .
(d) The two incumbent assistant marshals in the marshal's office
shall become sheriff's commanders, court services division, in the
sheriff's department and shall be assigned to the division of court
services upon the operative date of this section. They may not be
removed except by the sheriff with the concurrence of the majority of
incumbent judges and commissioners. Their salary and benefits shall
not be reduced. Upon the first vacancy of one of the two sheriff's
commanders, the position shall be eliminated. Upon the second
vacancy of the two sheriff's commanders, the classification, salary,
and benefits shall by reevaluated by the county.
SEC. 514. Section 74820.4 of the Government Code is repealed.
74820.4. (a) All personnel of the marshal's office subject to
consolidation shall become members of the sheriff's office. Their
salary and benefits shall not be reduced. Permanent employees
presently holding the rank of deputy or sergeant, respectively, in
the marshal's office may become deputy sheriffs or sheriff's
sergeants upon consolidation if they meet the qualifications for
deputy sheriffs or sheriff's sergeants. If they cannot meet the
qualifications for deputy sheriffs or sheriff's sergeants or desire
to remain in court services, they may become deputy sheriff's
sergeants at the nearest equivalent step without step increases or
deputy sheriff I's without a loss in pay.
(b) Deputy sheriffs and sheriff's sergeants may be transferred to
other positions in the sheriff's office at the same or equivalent
classification. Those who remain sheriff's sergeants at the nearest
equivalent step without step increases or deputy sheriff I's may not
be involuntarily transferred out of the court services division.
(c) Permanent employees of the sheriff's office assigned to court
services on the operative date of the consolidation and permanent
employees of the marshal's office on the operative date of the
consolidation shall be deemed qualified for employment and retention
in the San Joaquin County Sheriff's Department. Probationary
employees of the sheriff's department assigned to court services on
the operative date of the consolidation and probationary employees of
the marshal's office on the operative date of the consolidation
shall retain their probationary status and rights, and shall not be
required to start a new probationary period.
(d) For personnel of the sheriff's office assigned to court
services on the operative date of the consolidation and personnel of
the marshal's office on the operative date of the consolidation, all
county service shall be counted toward county seniority, and all time
spent in the same classification, and all time spent in the
equivalent or higher classification shall be counted toward
classification seniority. All county seniority shall be credited as
departmental seniority. For layoff and displacement purposes, all
covered service in the sheriff's department and marshal's office
shall be counted equally, and the county's personnel management
regulations and other governing county ordinances and resolutions
shall determine the class, county, and departmental seniority dates,
the seniority and layoff order, and the displacement rights of all
employees.
(e) No employee of the sheriff's office assigned to court services
on the operative date of the consolidation or employee of the
marshal's office on the operative date of the consolidation shall
lose peace officer status or be demoted by the consolidation of court
services pursuant to this section. Peace Officer Standards and
Training certificates held on the operative date of this section by
employees of the San Joaquin County Marshal's Department and the San
Joaquin County Sheriff's Department shall be considered the same for
purposes of this section.
SEC. 515. Section 74820.5 of the Government Code is repealed.
74820.5. Notwithstanding any other provision of this article, the
sheriff shall make all transfers within the court services division
consistent with existing personnel policies of the sheriff, memoranda
of understanding, if any, and other county personnel management,
rules, and regulations.
SEC. 516. Section 74820.6 of the Government Code is repealed.
74820.6. The marshal's office is abolished.
SEC. 517. Section 74820.7 of the Government Code is repealed.
74820.7. Sections 74820.2 to 74820.6, inclusive, shall become
operative only if the sheriff's office is selected as the office
under which court security services shall be consolidated. Under
those circumstances, the sections shall become operative upon the
vote of the incumbent judges and commissioners of the county so
selecting the sheriff.
SEC. 518. Section 74820.8 of the Government Code is repealed.
74820.8. The incumbent marshal shall be the marshal of the
consolidated offices. The marshal shall be appointed by, and serve
at the pleasure of, the majority of the incumbent judges and
commissioners of the superior court and all municipal courts in the
county. When making that appointment, the incumbent judges and
commissioners shall consider, but shall not be bound by, the
recommendation of a committee comprised of the presiding judges of
the superior court and each municipal court.
SEC. 519. Section 74820.9 of the Government Code is repealed.
74820.9. Deputy sheriffs and sheriff's sergeants who become
members of the consolidated office shall do so at their existing
salaries and benefits, and shall be y-rated in accordance with the
County Salary Ordinance. All other staff who become members of the
consolidated office shall do so at their existing salaries and
benefits.
SEC. 520. Section 74820.10 of the Government Code is repealed.
74820.10. Permanent employees of the sheriff's department on the
operative date of the consolidation shall be deemed qualified, and no
other qualifications shall be required for employment or retention.
Probationary employees of the sheriff's department on the operative
date of the consolidation shall retain their probationary status and
rights, and shall not be deemed to have transferred so as to require
serving a new probationary period.
SEC. 521. Section 74820.11 of the Government Code is repealed.
74820.11. All county service or service in the sheriff's
department of employees of the sheriff's department on the operative
date of the consolidation shall be counted toward seniority in the
court-related services office, and all time spent in the same,
equivalent, or higher classification shall be counted toward
classification seniority.
SEC. 522. Section 74820.12 of the Government Code is repealed.
74820.12. No employee of the sheriff's department on the
operative date of the consolidation shall lose peace officer status.
SEC. 523. Section 74820.13 of the Government Code is repealed.
74820.13. Sections 74820.8 to 74820.12, inclusive, shall become
operative only if the marshal is selected as the agency under which
court-related services shall be consolidated, in which case those
sections shall become operative upon the vote of the incumbent judges
and commissioners of the county so selecting the marshal.
SEC. 524. Section 74820.14 of the Government Code is repealed.
74820.14. Notwithstanding the other provisions of this article,
if it finds that it is in the public interest, the board of
supervisors may consolidate the service of process and notice
functions in either the sheriff's or the marshal's office. If the
service of process and notice functions are consolidated, personnel
shall be transferred under the provisions of this article that relate
to personnel matters.
SEC. 525. Article 32.5 (commencing with Section 74830) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 526. Article 33 (commencing with Section 74840) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 527. Article 34 (commencing with Section 74860) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 528. Article 35 (commencing with Section 74900) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 529. Article 35.5 (commencing with Section 74915) of Chapter
10 of Title 8 of the Government Code is repealed.
SEC. 530. Article 36 (commencing with Section 74920) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 531. Article 37 (commencing with Section 74934) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 532. Article 38 (commencing with Section 74948) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 533. Article 39 (commencing with Section 74960) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 534. Article 40 (commencing with Section 74980) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 535. Article 40 (commencing with Section 74984) is added to
Chapter 10 of Title 8 of the Government Code, to read:
Article 40. Shasta County
74984. (a) There shall be one marshal who shall be appointed by
the Shasta County Superior Court.
(b) The board of supervisors may transfer certain duties of the
sheriff to the marshal pursuant to Section 26608.3.
(c) All fees collected by the marshal's office shall be deposited
with the county treasurer and credited to the general fund.
74985. Each employee of the marshal's office who is a county
employee shall be provided the same employment benefits by Shasta
County as the county provides to other county employees in equivalent
categories and salary ranges in the county's merit personnel system.
74988. The marshal and employees of the office of the marshal who
provide court security services, except reserve deputy marshals, are
employees of the Shasta County Superior Court for all purposes.
SEC. 536. Article 41 (commencing with Section 74993) of Chapter 10
of Title 8 of the Government Code is repealed.
SEC. 537. Section 75076.2 of the Government Code is amended to
read:
75076.2. A judge who renders part-time service after January 1,
1990, shall receive a reduced retirement allowance. The reduction
shall be based upon the relationship between the actual service
rendered by the judge, including service rendered by reason of
sitting on assignment, and a full-time judge's service during the
period from January 1, 1990, until the date of retirement.
Computations under this section and subdivision (a) of Section 75076
shall consider the salary payable to the judge of a municipal or
justice court to be equal to that of a municipal
91.3225 percent of the salary of a superior
court judge. For purposes of qualifying for retirement, part-time
service shall be the equivalent of full-time service.
SEC. 538. Section 75095.5 of the Government Code is repealed.
75095.5. Any election of any judge who became a municipal court
judge on May 23, 1980, and died on September 18, 1983, to come within
the provisions of this article, which was filed with the Secretary
of State on September 22, 1983, shall become effective on the date
filed.
The surviving spouse of the person so electing who was previously
eligible to come within this article and did not do so, shall pay all
of the contributions he would have made pursuant to Section 75097
had he been covered by this article as soon as eligible therefor.
SEC. 539. Section 75103 of the Government Code is amended to read:
75103. Except as provided in Section 75103.3, the auditor of each
county shall deduct 8 percent from the portion paid by a county of
the monthly salary, not including the additional compensation
pursuant to Section 68203.1, of each judge of the superior
and municipal court and cause this amount to be paid into
the Judges' Retirement Fund.
SEC. 540. Section 75602 of the Government Code is amended to read:
75602. Except as provided in Section 75605, the Controller or the
auditor of each county shall deduct 8 percent from the portion paid
by a county, or the Controller and the auditor, if appropriate, of
the monthly salary, not including the additional compensation
pursuant to Section 68203.1, of each judge of the superior
and municipal court and cause this amount to be paid into
the Judges' Retirement System II Fund.
SEC. 541. Section 76200 of the Government Code is amended to read:
76200. Alameda County is authorized to establish a Courthouse
Construction Fund pursuant to Section 76100 so long as the county
maintains the Berkeley-Albany Municipal Court
a courtroom building in the City of Berkeley . In the event
that the Berkeley-Albany Municipal Court
courtroom building in the City of Berkeley is closed, Alameda
County may not collect those funds.
SEC. 542. Section 76238 of the Government Code is amended to read:
76238. (a) Notwithstanding any other law, for the purpose of
assisting the City and County of San Francisco in the acquisition,
rehabilitation, construction, and financing of courtrooms or of a
courtroom building or buildings containing facilities necessary or
incidental to the operation of the justice system, the Board of
Supervisors of the City and County of San Francisco may require the
amounts collected pursuant to subdivision (d) to be deposited in the
Courthouse Construction Fund established pursuant to Section 76100.
In the City and County of San Francisco, the moneys of the Courthouse
Construction Fund together with any interest earned thereon shall be
payable only for the foregoing purposes and at the time necessary
therefor, and for the purposes set forth in subdivision (b) and
at the time necessary therefor.
(b) In conjunction with the acquisition, rehabilitation,
construction, or financing of courtrooms or of a courtroom building
or buildings referred to in subdivision (a), the City and County of
San Francisco may use the moneys of the Courthouse Construction Fund
(1) to rehabilitate existing courtrooms or an existing courtroom
building or buildings for other uses if new courtrooms or a courtroom
building or buildings are acquired, constructed, or financed or (2)
to acquire, rehabilitate, construct, or finance excess courtrooms or
an excess courtroom building or buildings if that excess is
anticipated to be needed at a later time.
(c) Any excess courtrooms or excess courtroom building or
buildings that are acquired, rehabilitated, constructed, or financed
pursuant to subdivision (b) may be leased or rented for uses other
than the operation of the justice system until such time as the
excess courtrooms or excess courtroom building or buildings are
needed for the operation of the justice system. Any amounts received
as lease or rental payments pursuant to this subdivision shall be
deposited in the Courthouse Construction Fund.
(d) In the City and County of San Francisco, a surcharge for the
purpose and for the time set forth in this section may be added to
any filing fee in any civil action in either the municipal
court or in any civil or probate action in the superior
court. The surcharge shall be in an amount, not to exceed fifty
dollars ($50), and shall be collected in a manner as set forth in a
resolution adopted by the Board of Supervisors of the City and County
of San Francisco.
SEC. 543. Section 76245 of the Government Code is amended to read:
76245. (a) The fund established in Shasta County pursuant to
Section 76200 76100 shall be known as
the Statham Courthouse Construction Fund.
(b) The fund established in Shasta County pursuant to Section
76101 shall be known as the Statham Criminal Justice Facilities
Construction Fund.
SEC. 544. 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 former 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 Sections 71630 and 71639.3 with
respect to court employees.
(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.
(8) Except as provided in subdivision (b), other matters listed as
court operations in Rule 810 of the California Rules of Court as it
read on July 1, 1996.
(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. 545. Section 77007 of the Government Code is amended to read:
77007. As used in this chapter, "trial court" means a superior
or municipal court.
SEC. 546. Section 77008 of the Government Code is amended to read:
77008. As used in this chapter, "filing fees" means any and all
fees and charges, liberally construed, collected or collectible for
filing, processing, including service of process, copying, endorsing,
or for any other service related to court operations as defined in
Section 77003. However, with respect to a county with a
population of 350,000 or less as determined by the Department of
Finance, "filing fees" do not include any fees collected for
probation services, indigent criminal defense, or pretrial release
services.
SEC. 547. Section 82011 of the Government Code is amended to read:
82011. "Code reviewing body" means all of the following:
(a) The commission, with respect to the conflict-of-interest code
of a state agency other than an agency in the judicial branch of
government, or any local government agency with jurisdiction in more
than one county.
(b) The board of supervisors, with respect to the
conflict-of-interest code of any county agency other than the board
of supervisors, or any agency of the judicial branch of government,
and of any local government agency, other than a city agency, with
jurisdiction wholly within the county.
(c) The city council, with respect to the conflict-of-interest
code of any city agency other than the city council.
(d) The Attorney General, with respect to the conflict-of-interest
code of the commission.
(e) The Chief Justice or his or her designee, with respect to the
conflict-of-interest code of the members of the Judicial Council,
Commission on Judicial Performance, and Board of Governors of the
State Bar of California.
(f) The Board of Governors of the State Bar of California with
respect to the conflict-of-interest code of the State Bar of
California.
(g) The Chief Justice of California, the administrative presiding
judges of the courts of appeal, and the presiding judges of superior
and municipal courts, or their designees, with
respect to the conflict-of-interest code of any agency of the
judicial branch of government subject to the immediate administrative
supervision of that court.
(h) The Judicial Council of California, with respect to the
conflict-of-interest code of any state agency within the judicial
branch of government not included under subdivisions (e), (f), and
(g).
SEC. 548. Section 84215 of the Government Code is amended to read:
84215. All candidates, elected officers, committees, and
proponents of state ballot measures or the qualification of state
ballot measures, except as provided in subdivision (e), shall file
two copies of the campaign statements required by Section 84200 with
the clerk of the county in which they are domiciled. A committee is
domiciled at the address listed on its campaign statement unless it
is domiciled outside California in which case its domicile shall be
deemed to be Los Angeles County for the purpose of this section. In
addition, campaign statements shall be filed at the following places:
(a) Statewide elected officers and candidates for these offices
other than the Board of Equalization, supreme court justices, their
controlled committees, committees formed or existing primarily to
support or oppose these candidates, elected officers, supreme court
justices, or statewide measures, or the qualification of state ballot
measures, and all state general purpose committees and filers not
specified in subdivisions (b) to (e), inclusive:
(1) The original and one copy with the Secretary of State.
(2) Two copies with the Registrar-Recorder of Los Angeles County.
(3) Two copies with the Registrar of Voters of the City and County
of San Francisco.
(b) Members of the Legislature or Board of Equalization, court of
appeal justices, superior court judges, candidates for those offices,
their controlled committees, and committees formed or existing
primarily to support or oppose these candidates or officeholders:
(1) The original and one copy with the Secretary of State.
(2) Two copies with the clerk of the county with the largest
number of registered voters in the districts affected.
(c) Elected officers in jurisdictions other than legislative
districts, Board of Equalization districts, or appellate court
districts that contain parts of two or more counties, candidates for
these offices, their controlled committees, and committees formed or
existing primarily to support or oppose candidates or local measures
to be voted upon in one of these jurisdictions shall file the
original and one copy with the clerk of the county with the largest
number of registered voters in the jurisdiction.
(d) County elected officers, municipal court judges,
candidates for these offices, their controlled committees,
committees formed or existing primarily to support or oppose
candidates or local measures to be voted upon in any number of
jurisdictions within one county, other than those specified in
subdivision (e), and county general purpose committees shall file the
original and one copy with the clerk of the county.
(e) City elected officers, candidates for city office, their
controlled committees, committees formed or existing primarily to
support or oppose candidates or local measures to be voted upon in
one city, and city general purpose committees shall file the original
and one copy with the clerk of the city. These elected officers,
candidates, and committees need not file with the clerk of the county
in which they are domiciled.
(f) Notwithstanding the above, a committee, candidate, or elected
officer is not required to file more than the original and one copy,
or two copies, of a campaign statement with any one county or city
clerk or with the Secretary of State.
(g) If a committee is required to file campaign statements
required by Section 84200 or 84200.5 in places designated in
subdivisions (d) and (e), it shall continue to file these statements
in those places, in addition to any other places required by this
title, until the end of the calendar year.
SEC. 549. Section 91013.5 of the Government Code is amended to
read:
91013.5. In addition to any other available remedies, the
commission or the filing officer may bring a civil action and obtain
a judgment in small claims, municipal, or superior
court, depending on the jurisdictional amount,
for the purpose of collecting any unpaid monetary penalties, fees, or
civil penalties imposed pursuant to this title. The action may
be filed as a small claims, limited civil, or unlimited civil case,
depending on the jurisdictional amount. The venue for this
action shall be in the county where the monetary penalties, fees, or
civil penalties were imposed by the commission or the filing officer.
In order to obtain a judgment in a proceeding under this section,
the commission or filing officer shall show, following the procedures
and rules of evidence as applied in ordinary civil actions, all of
the following:
(a) That the monetary penalties, fees, or civil penalties were
imposed following the procedures set forth in this title and
implementing regulations.
(b) That the defendant or defendants in the action were notified,
by actual or constructive notice, of the imposition of the monetary
penalties, fees, or civil penalties.
(c) That a demand for payment has been made by the commission or
the filing officer and full payment has not been received.
SEC. 550. Section 515 of the Harbors and Navigation Code is
amended to read:
515. Before making the order, the judge shall require from the
claimant a bond to the people to be approved by the judge and filed
with the county clerk of the court , in
a penalty double the value of the property or proceeds. The bond
shall be conditioned upon the payment of all damages that may be
recovered against the claimant or the claimant's representatives,
within three years after its date, by any person establishing title
to the property or proceeds.
SEC. 551. Section 664 of the Harbors and Navigation Code is
amended to read:
664. (a) When any person is arrested for a violation of this
chapter or any regulation adopted by the department pursuant to this
chapter or any ordinance or local law relating to the operation and
equipment of vessels, and such person is not immediately taken before
a magistrate, the arresting officer shall prepare in duplicate a
written notice to appear in court, containing the name and address of
such person, the offense charged, and the time and place where and
when such person shall appear in court.
(b) The time specified in the notice to appear must be at least
five days after such arrest.
(c) The place specified in the notice to appear shall be
either any of the following :
1. Before a municipal court judge, or superior
court judge in a county in which there is no municipal
court, who is within the county in which the
offense charged is alleged to have been committed and who
has jurisdiction of the offense and who is nearest and most
accessible with reference to the place where the arrest is made
; or .
2. Upon demand of the person arrested, before a municipal
court judge, or superior court judge in a county
in which there is no municipal court, having jurisdiction of such
offense at the county seat of the county in which such
offense is alleged to have been committed ; or before a
judge in the judicial district in which the offense is alleged to
have been committed .
3. Before an officer authorized by the county, city, or city and
county, to receive a deposit of bail.
4. Before a municipal court judge, or superior
court judge in a county in which there is no municipal
court, who is within 50 miles by the nearest
road to the place of the alleged offense who has
jurisdiction of the offense and whose judicial
district county contains any portion of the body
of water upon which the offense charged is alleged to have been
committed.
(d) The officer shall deliver one copy of the notice to appear to
the arrested person and the arrested person in order to secure
release must give a written promise so to appear in court by signing
the duplicate notice which shall be retained by the officer.
Thereupon the arresting officer shall forthwith release the person
arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate
notice with the magistrate specified therein. Thereupon the
magistrate shall fix the amount of bail which in the magistrate's
judgment, in accordance with the provisions of Section 1275 of the
Penal Code, will be reasonable and sufficient for the appearance of
the defendant and shall indorse upon the notice a statement signed by
the defendant in the form set forth in Section 815a of the Penal
Code. The defendant may, prior to the date upon which the defendant
promised to appear in court, deposit with the magistrate the amount
of bail thus set. Thereafter, at the time when the case is called
for arraignment before the magistrate, if the defendant shall not
appear, either in person or by counsel, the magistrate may declare
the bail forfeited, and may in the magistrate's discretion order that
no further proceedings shall be had in such case.
Upon the making of such order that no further proceedings be had,
all sums deposited as bail shall forthwith be paid into the county
treasury for distribution pursuant to Section 1463 of the Penal Code.
(f) No warrant shall issue on such charge for the arrest of a
person who has given such written promise to appear in court, unless
and until the person has violated such promise or has failed to
deposit bail, to appear for arraignment, trial or judgment, or to
comply with the terms and provisions of the judgment, as required by
law.
SEC. 552. Section 667 of the Harbors and Navigation Code is
amended to read:
667. In addition to any other court which may be a proper place
of trial, any municipal superior court
within 50 miles by the nearest road to the place of the alleged
offense having jurisdiction of the offense, or the superior
court in a county in which there is no municipal court,
shall be a proper place of trial of any person on a charge of
violation of this chapter or any regulation adopted by the department
pursuant to this chapter or any ordinance or local law relating to
the operation and equipment of vessels if the judicial
district county in which the court is located
includes any portion of the body of water upon which the offense
charged is alleged to have been committed.
SEC. 553. Section 1428 of the Health and Safety Code is amended to
read:
1428. (a) If the licensee desires to contest a citation or the
proposed assessment of a civil penalty therefor, the licensee shall
use the processes described in subdivisions (b) and (c) for classes
"AA," "A," or "B" citations. As a result of a citation review
conference, a citation or the proposed assessment of a civil penalty
may be affirmed, modified, or dismissed by the director or the
director's designee. If the director's designee affirms, modifies,
or dismisses the citation or proposed assessment of a civil penalty,
he or she shall state with particularity in writing his or her
reasons for that action, and shall immediately transmit a copy
thereof to each party to the original complaint. If the licensee
desires to contest a decision made after the citation review
conference, the licensee shall inform the director in writing within
15 business days after he or she receives the decision by the
director's designee.
(b) If a licensee notifies the director that he or she intends to
contest a class "AA" or a class "A" citation, the licensee may first,
within 15 business days after service of the citation, notify the
director in writing of his or her request for a citation review
conference. The licensee shall inform the director in writing,
within 15 business days of the service of the citation or the receipt
of the decision of the director's designee after the citation review
conference, of the licensee's intent to adjudicate the validity of
the citation in the municipal or superior court in
the county in which the long-term health care facility is located.
In order to perfect a judicial appeal of a contested citation, a
licensee shall file a civil action in the municipal or
superior court in the county in which the long-term health
care facility is located. The action shall be filed no later than 90
calendar days after a licensee notifies the director that he or she
intends to contest the citation, or no later than 90 days after the
receipt of the decision by the director's designee after the citation
review conference, and served not later than 90 days after filing.
Notwithstanding any other provision of law, a licensee prosecuting a
judicial appeal shall file and serve an at-issue memorandum pursuant
to Rule 209 of the California Rules of Court within six months after
the state department files its answer in the appeal. Notwithstanding
subdivision (d), the court shall dismiss the appeal upon motion of
the state department if the at-issue memorandum is not filed by the
facility within the period specified. The court may affirm, modify,
or dismiss the citation, the level of the citation, or the amount of
the proposed assessment of the civil penalty.
(c) If a licensee desires to contest a class "B" citation, the
licensee may request, within 15 business days after service of the
citation, a citation review conference, by writing the director or
the director's designee of the licensee's intent to appeal the
citation through the citation review conference. If the licensee
wishes to appeal the citation which has been upheld in a citation
review conference, the licensee shall, within 15 working days from
the date the citation review conference decision was rendered, notify
the director or the director's designee that he or she wishes to
appeal the decision through the procedures set forth in Section
100171 or elects to submit the matter to binding arbitration in
accordance with subdivision (d). The administrative law judge may
affirm, modify, or dismiss the citation or the proposed assessment of
a civil penalty. The licensee may choose to have his or her appeal
heard by the administrative law judge or submit the matter to binding
arbitration without having first appealed the decision to a citation
review conference by notifying the director in writing within 15
business days of the service of the citation.
(d) If a licensee is dissatisfied with the decision of the
administrative law judge, the licensee may, in lieu of seeking
judicial review of the decision as provided in Section 1094.5 of the
Code of Civil Procedure, elect to submit the matter to binding
arbitration by filing, within 60 days of its receipt of the decision,
a request for arbitration with the American Arbitration Association.
The parties shall agree upon an arbitrator designated from the
American Arbitration Association in accordance with the association's
established rules and procedures. The arbitration hearing shall be
set within 45 days of the election to arbitrate, but in no event less
than 28 days from the date of selection of an arbitrator. The
arbitration hearing may be continued up to 15 additional days if
necessary at the arbitrator's discretion. Except as otherwise
specifically provided in this subdivision, the arbitration hearing
shall be conducted in accordance with the American Arbitration
Association's established rules and procedures. The arbitrator shall
determine whether the licensee violated the regulation or
regulations cited by the department, and whether the citation meets
the criteria established in Sections 1423 and 1424. If the
arbitrator determines that the licensee has violated the regulation
or regulations cited by the department, and that the class of the
citation should be upheld, the proposed assessment of a civil penalty
shall be affirmed, subject to the limitations established in Section
1424. The licensee and the department shall each bear its
respective portion of the cost of arbitration. A resident, or his or
her designated representative, or both, entitled to participate in
the citation review conference pursuant to subdivision (f), may make
an oral or written statement regarding the citation, at any
arbitration hearing to which the matter has been submitted after the
citation review conference.
(e) If an appeal is prosecuted under this section, including an
appeal taken in accordance with Section 100171, the state department
shall have the burden of establishing by a preponderance of the
evidence that (1) the alleged violation did occur, (2) the alleged
violation met the criteria for the class of citation alleged, and (3)
the assessed penalty was appropriate. The state department shall
also have the burden of establishing by a preponderance of the
evidence that the assessment of a civil penalty should be upheld. If
a licensee fails to notify the director in writing that he or she
intends to contest the citation, or the proposed assessment of a
civil penalty therefor, or the decision made by the director's
designee, after a citation review conference, within the time
specified in this section, the decision by the director's designee
after a citation review conference shall be deemed a final order of
the state department and shall not be subject to further
administrative review, except that the licensee may seek judicial
relief from the time limits specified in this section. If a licensee
appeals a contested citation or the assessment of a civil penalty,
no civil penalty shall be due and payable unless and until the appeal
is terminated in favor of the state department.
(f) The director or the director's designee shall establish an
independent unit of trained citation review conference hearing
officers within the state department to conduct citation review
conferences. Citation review conference hearing officers shall be
directly responsible to the deputy director for licensing and
certification, and shall not be concurrently employed as supervisors,
district administrators, or regional administrators with the
licensing and certification division. Specific training shall be
provided to members of this unit on conducting an informal
conference, with emphasis on the regulatory and legal aspects of
long-term health care.
Where the state department issues a citation as a result of a
complaint or regular inspection visit, and a resident or residents
are specifically identified in a citation by name as being
specifically affected by the violation, then the following persons
may attend the citation review conference:
(1) The complainant and his or her designated representative.
(2) A personal health care provider, designated by the resident.
(3) A personal attorney.
(4) Any person representing the Office of the State Long-Term Care
Ombudsman, as referred to in subdivision (d) of Section 9701 of the
Welfare and Institutions Code.
Where the state department determines that residents in the
facility were threatened by the cited violation but does not name
specific residents, any person representing the Office of the State
Long-Term Care Ombudsman, as referred to in subdivision (d) of
Section 9701 of the Welfare and Institutions Code, and a
representative of the residents or family council at the facility may
participate to represent all residents. In this case, these
representatives shall be the sole participants for the residents in
the conference. The residents or family council shall designate
which representative will participate.
The complainant, affected resident, and their designated
representatives shall be notified by the state department of the
conference and their right to participate. The
director's designee shall notify the complainant
or his or her designated representative and the affected resident or
his or her designated representative, of his or her determination
based on the citation review conference.
(g) In assessing the civil penalty for a violation, all relevant
facts shall be considered, including, but not limited to, all of the
following:
(1) The probability and severity of the risk which the violation
presents to the patient's or resident's mental and physical
condition.
(2) The patient's or resident's medical condition.
(3) The patient's or resident's mental condition and his or her
history of mental disability.
(4) The good faith efforts exercised by the facility to prevent
the violation from occurring.
(5) The licensee's history of compliance with regulations.
(h) Except as otherwise provided in this subdivision, an
assessment of civil penalties for a class "A" or class "B" violation
shall be trebled and collected for a second and subsequent violation
for which a citation of the same class was issued within any 12-month
period. Trebling shall occur only if the first citation issued
within the 12-month period was issued in the same class, a civil
penalty was assessed, and a plan of correction was submitted for the
previous same-class violation occurring within the period, without
regard to whether the action to enforce the previous citation has
become final. However, the increment to the civil penalty required
by this subdivision shall not be due and payable unless and until the
previous action has terminated in favor of the state department.
If the class "B" citation is issued for a patient's rights
violation, as defined in subdivision (c) of Section 1424, it shall
not be trebled unless the state department determines the violation
has a direct or immediate relationship to the health, safety,
security, or welfare of long-term health care facility residents.
(i) The director shall prescribe procedures for the issuance of a
notice of violation with respect to violations having only a minimal
relationship to safety or health.
(j) Actions brought under this chapter shall be set for trial at
the earliest possible date and shall take precedence on the court
calendar over all other cases except matters to which equal or
superior precedence is specifically granted by law. Times for
responsive pleading and for hearing the proceeding shall be set by
the judge of the court with the object of securing a decision as to
subject matters at the earliest possible time.
(k) If the citation is dismissed, the state department shall take
action immediately to ensure that the public records reflect in a
prominent manner that the citation was dismissed.
(l) Penalties paid on violations under this chapter shall be
applied against the state department's accounts to offset any costs
incurred by the state pursuant to this chapter. Any costs or
penalties assessed pursuant to this chapter shall be paid within 30
days of the date the decision becomes final. If a facility does not
comply with this requirement, the state department shall withhold any
payment under the Medi-Cal program until the debt is satisfied. No
payment shall be withheld if the state department determines that it
would cause undue hardship to the facility or to patients or
residents of the facility.
(m) The amendments made to subdivisions (a) and (c) of this
section by Chapter 84 of the Statutes of 1988, to extend the number
of days allowed for the provision of notification to the director, do
not affect the right, that is also contained in those amendments, to
request judicial relief from these time limits.
SEC. 554. Section 1543 of the Health and Safety Code is amended to
read:
1543. Notwithstanding any other provision of this chapter, the
district attorney of every county, and city attorneys in those cities
which have city attorneys who have jurisdiction to prosecute
misdemeanors pursuant to Sections 71099 and
Section 72193 of the Government Code, shall, upon their own
initiative or upon application by the state department or its
authorized representative, institute and conduct the prosecution of
any action for violation within his or her county of any provisions
of this chapter.
SEC. 555. Section 1568.0823 of the Health and Safety Code is
amended to read:
1568.0823. (a) Any person who violates this chapter, or who
willfully or repeatedly violates any rule or regulation adopted under
this chapter, is guilty of a misdemeanor and upon conviction thereof
shall be punished by a fine not to exceed one thousand dollars
($1,000), or by imprisonment in the county jail for a period not to
exceed 180 days, or by both fine and imprisonment.
(b) Operation of a residential care facility without a license
shall be subject to a summons to appear in court.
(c) Notwithstanding any other provision of this chapter, the
district attorney of every county, and the city attorneys in those
cities which have city attorneys who have jurisdiction to prosecute
misdemeanors pursuant to Sections 71099 and
Section 72193 of the Government Code, shall, upon their own
initiative or upon application by the department or its authorized
representative, institute and conduct the prosecution of any action
for violation within his or her county of this chapter.
SEC. 556. Section 1569.43 of the Health and Safety Code is amended
to read:
1569.43. Notwithstanding any other provisions of this chapter,
the district attorney of every county, and city attorneys in those
cities which have city attorneys which prosecute misdemeanors
pursuant to Sections 71099 and Section
72193 of the Government Code, shall, upon their own initiative or
upon application by the state department or its authorized
representative, institute and conduct the prosecution of any action
for violation of this chapter within his or her jurisdiction.
SEC. 557. Section 11758.54 of the Health and Safety Code is
amended to read:
11758.54. (a) The department, in cooperation with San Luis Obispo
County, shall evaluate the pilot project created pursuant to this
chapter. The evaluation shall include numbers of intravenous (IV)
drug users in target counties, status of HIV test results among
alcoholics and IV drug users not in recovery, drug and
alcohol-related jail intakes, and repeat offenses. Changes in the
above data following completion of the in-home detoxification project
shall be carefully scrutinized. Particular attention shall be paid
to changes in incidence of HIV test results among individuals
requesting testing from the San Luis Obispo County health department
and repeat alcohol- and drug-related offenses as tracked by the
county jail, municipal or superior court, and Department
of Motor Vehicles.
(b) Additional monitoring and outcome data shall be collected
regarding clients of the in-home detoxification pilot project, that
shall include each of the following:
(1) Clients' health status at time of intake screening.
(2) Clients' health status during detoxification.
(3) Clients' health status after detoxification.
(4) Status and results of HIV testing for those choosing the test.
(5) Numbers of detoxification referrals completed.
(6) Numbers of successful referrals to followup.
(7) Rate of subsequent rearrest.
(c) The degree of successful completion of program objectives
shall also be analyzed and discussed. Analysis shall be based on
results of monitoring instruments designed for the in-home
detoxification project that shall include all of the following:
(1) Numbers of referrals to the in-home detoxification project
initiated.
(2) Numbers of clients (both detoxification clients and family
members) who successfully meet educational criteria related to AIDS
education.
(3) Numbers of detoxification referrals completed.
(4) Numbers of successful referrals to followup treatment.
(5) Rate of subsequent rearrest.
(d) The department shall submit an evaluation of the pilot project
to the Governor and the Legislature not later than July 1, 1992.
(e) Blood testing and test result disclosure shall be in
accordance with Chapter 7 (commencing with Section 120975) and
Chapter 10 (commencing with Section 121075) of Part 4 of Division
105.
SEC. 558. Section 102247 of the Health and Safety Code is amended
to read:
102247. (a) There is hereby created in the State Treasury the
Health Statistics Special Fund. The fund shall consist of revenues
including, but not limited to, all of the following:
(1) Fees or charges remitted to the State Registrar for record
search or issuance of certificates, permits, registrations, or other
documents pursuant to Chapter 3 (commencing with Section
26800 26801 ) of Part 3 of Division 2 of Title 3
of the Government Code, and Chapter 4 (commencing with Section
102525), Chapter 5 (commencing with Section 102625), Chapter 8
(commencing with Section 103050), and Chapter 15 (commencing with
Section 103600), of Part 1, of Division 102.
(2) Funds remitted to the State Registrar by the federal Social
Security Administration for participation in the enumeration at birth
program.
(3) Funds remitted to the State Registrar by the National Center
for Health Statistics pursuant to the federal Vital Statistics
Cooperative Program.
(4) Any other funds collected by the State Registrar, except
Children's Trust Fund fees collected pursuant to Section 18966 of the
Welfare and Institutions Code, fees allocated to the Judicial
Council pursuant to Section 1852 of the Family Code, and fees
collected pursuant to Section 103645, all of which shall be deposited
into the General Fund.
(b) Moneys in the Health Statistics Special Fund shall be expended
by the State Registrar for the purpose of funding its existing
programs and programs that may become necessary to carry out its
mission, upon appropriation by the Legislature.
(c) Health Statistics Special Fund moneys shall be expended only
for the purposes set forth in this section and Section 102249, and
shall not be expended for any other purpose or for any other state
program.
(d) It is the intent of the Legislature that the Health Statistics
Special Fund provide for the following:
(1) Registration and preservation of vital event records and
dissemination of vital event information to the public.
(2) Data analysis of vital statistics for population projections,
health trends and patterns, epidemiologic research, and development
of information to support new health policies.
(3) Development of uniform health data systems that are
integrated, accessible, and useful in the collection of information
on health status.
SEC. 559. Section 103625 of the Health and Safety Code is amended
to read:
103625. (a) A fee of three dollars ($3) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of three dollars ($3) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of seven dollars ($7) shall
be paid by any other applicant for a certified copy of a birth
certificate. Four dollars ($4) of any seven-dollar ($7) fee is
exempt from subdivision (e) and shall be paid either to a county
children's trust fund or to the State Children's Trust Fund, in
conformity with Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code.
(2) The board of supervisors of any county that has established a
county children's trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3) for deposit
in the county children's trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code.
(3) The board of supervisors of any county may increase the fee
for a certified copy of a birth certificate by up to three dollars
($3) through June 30, 1999, or until any earlier date upon which the
board of supervisors finds that the fee is no longer necessary for
dependency mediation funding, the proceeds of which shall be used
solely for the purpose of providing dependency mediation services in
the juvenile court. Public agencies shall be exempt from paying this
portion of the fee. However, if a county increases this fee,
neither the revenue generated from the fee increase nor the increased
expenditures made for these services shall be considered in
determining the court's progress towards achieving its cost reduction
goals pursuant to Section 68113 of the Government Code if the net
effect of the revenue and expenditures is a cost increase. In each
county that increases the fee pursuant to this paragraph, up to 5
percent of the revenue generated from the fee increase may be
apportioned to the county recorder for the additional accounting
costs of the program.
(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business. A fee of six
dollars ($6) shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk. Three dollars ($3) of any six-dollar ($6)
fee is exempt from subdivision (e) and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.
(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record obtained from the State Registrar.
(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency's vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics fund has not been established, the
entire amount of the fee collected pursuant to subdivision (f) shall
be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.
(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.
(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) The additional three dollars ($3) authorized to be charged to
applicants other than public agency applicants for certified copies
of marriage records by subdivision (c) may be increased pursuant to
Section 114.
(m) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.
SEC. 560. Section 117070 of the Health and Safety Code is amended
to read:
117070. Any violation of any such rule or regulation lawfully
made by the public agency is a misdemeanor. Any judge of a
municipal court within any judicial district The
superior court of the county within which the reservoir lies in
whole or in part , or any superior court in a county in
which there is no municipal court, shall have jurisdiction
is a proper place for trial of all prosecutions for
violations of any rules and regulations adopted by the public agency.
SEC. 561. Section 117120 of the Health and Safety Code is amended
to read:
117120. Any violation of any rule or regulation lawfully made by
the governmental agency is a misdemeanor. Any judge of a
municipal court within any judicial district The
superior court of the county within which the reservoir lies in
whole or in part , or any superior court in a county in
which there is no municipal court, shall have jurisdiction
is a proper place for trial of all prosecutions for
violations of any such rules and regulations adopted by the
governmental agency.
SEC. 562. Section 11706 of the Insurance Code is amended to read:
11706. Such party may file a certified copy of any such award in
the office of any county clerk of a superior
court of this State. Upon the filing of such copy the clerk
shall immediately enter a judgment thereon against the surety.
SEC. 563. Section 98 of the Labor Code is amended to read:
98. (a) The Labor Commissioner shall have the authority to
investigate employee complaints. The Labor Commissioner may provide
for a hearing in any action to recover wages, penalties, and other
demands for compensation properly before the division or the Labor
Commissioner including orders of the Industrial Welfare Commission,
and shall determine all matters arising under his or her
jurisdiction. It shall be within the jurisdiction of the Labor
Commissioner to accept and determine claims from holders of payroll
checks or payroll drafts returned unpaid because of insufficient
funds, if, after a diligent search, the holder is unable to return
the dishonored check or draft to the payee and recover the sums paid
out. Within 30 days of filing of the complaint, the Labor
Commissioner shall notify the parties as to whether a hearing will be
held, or whether action will be taken in accordance with Section
98.3, or whether no further action will be taken on the complaint.
If the determination is made by the Labor Commissioner to hold a
hearing, the hearing shall be held within 90 days of the date of that
determination. However, the Labor Commissioner may postpone or
grant additional time before setting a hearing if the Labor
Commissioner finds that it would lead to an equitable and just
resolution of the dispute.
It is the intent of the Legislature that hearings held pursuant to
this section be conducted in an informal setting preserving the
right of the parties.
(b) When a hearing is set, a copy of the complaint, which shall
include the amount of compensation requested, together with a notice
of time and place of the hearing, shall be served on all parties,
personally or by certified mail.
(c) Within 10 days after service of the notice and the complaint,
a defendant may file an answer with the Labor Commissioner in any
form as the Labor Commissioner may prescribe, setting forth the
particulars in which the complaint is inaccurate or incomplete and
the facts upon which the defendant intends to rely.
(d) No pleading other than the complaint and answer of the
defendant or defendants shall be required. Both shall be in writing
and shall conform to the form and the rules of practice and procedure
adopted by the Labor Commissioner.
(e) Evidence on matters not pleaded in the answer shall be allowed
only on terms and conditions the Labor Commissioner shall impose.
In all these cases, the claimant shall be entitled to a continuance
for purposes of review of the new evidence.
(f) If the defendant fails to appear or answer within the time
allowed under this chapter, no default shall be taken against him or
her, but the Labor Commissioner shall hear the evidence offered and
shall issue an order, decision, or award in accordance with the
evidence. A defendant failing to appear or answer, or subsequently
contending to be aggrieved in any manner by want of notice of the
pendency of the proceedings, may apply to the Labor Commissioner for
relief in accordance with Section 473 of the Code of Civil Procedure.
The Labor Commissioner may afford this relief. No right to relief,
including the claim that the findings or award of the Labor
Commissioner or judgment entered thereon are void upon their face,
shall accrue to the defendant in any court unless prior application
is made to the Labor Commissioner in accordance with this chapter.
(g) All hearings conducted pursuant to this chapter are governed
by the division and by the rules of practice and procedure adopted by
the Labor Commissioner.
(h) Whenever a claim is filed under this chapter against a person
operating or doing business under a fictitious business name, as
defined in Section 17900 of the Business and Professions Code, which
relates to the person's business, the division shall inquire at the
time of the hearing whether the name of the person is the legal name
under which the business or person has been licensed, registered,
incorporated, or otherwise authorized to do business.
The division may amend an order, decision, or award to conform to
the legal name of the business or the person who is the defendant to
a wage claim, provided it can be shown that proper service was made
on the defendant or his or her agent, unless a judgment had been
entered on the order, decision, or award pursuant to subdivision (d)
of Section 98.2. The Labor Commissioner may apply to the clerk of
the municipal or superior court to amend a
judgment that has been issued pursuant to a final order, decision, or
award to conform to the legal name of the defendant, provided it can
be shown that proper service was made on the defendant or his or her
agent.
SEC. 564. Section 98.1 of the Labor Code is amended to read:
98.1. (a) Within 15 days after the hearing is concluded, the
Labor Commissioner shall file in the office of the division a copy of
the order, decision, or award. The order, decision, or award shall
include a summary of the hearing and the reasons for the decision.
Upon filing of the order, decision, or award, the Labor Commissioner
shall serve a copy of the decision personally or by first-class mail
on the parties. The notice shall also advise the parties of their
right to appeal the decision or award and further advise the parties
that failure to do so within the period prescribed by this chapter
shall result in the decision or award becoming final and enforceable
as a judgment by the appropriate municipal or
superior court , in accordance with the appropriate rules of
jurisdiction .
(b) For the purpose of this section, an award shall include any
sums found owing, damages proved, and any penalties awarded pursuant
to this code.
(c) All awards granted pursuant to a hearing under this chapter
shall accrue interest on all due and unpaid wages at the same rate as
prescribed by subdivision (b) of Section 3289 of the Civil Code.
The interest shall accrue until the wages are paid from the date that
the wages were due and payable as provided in Part 1 (commencing
with Section 200) of Division 2.
SEC. 565. Section 98.2 of the Labor Code is amended to read:
98.2. (a) Within 10 days after service of notice of an order,
decision, or award the parties may seek review by filing an appeal to
the municipal or superior court, in
accordance with the appropriate rules of jurisdiction,
where the appeal shall be heard de novo. A copy of the appeal
request shall be served upon the Labor Commissioner by the appellant.
For purposes of computing the 10-day period after service, Section
1013 of the Code of Civil Procedure shall be applicable.
(b) Whenever an employer files an appeal pursuant to this section,
the employer shall post an undertaking with the reviewing court in
the amount of the order, decision, or award. The undertaking shall
consist of an appeal bond issued by a licensed surety or a cash
deposit with the court in the amount of the order, decision, or
award. The employer shall provide written notification to the other
parties and the Labor Commissioner of the posting of
the undertaking. The undertaking
shall be on the condition that, if any judgment is entered in favor
of the employee, the employer shall pay the amount owed pursuant to
the judgment, and if the appeal is withdrawn or dismissed without
entry of judgment, the employer shall pay the amount owed pursuant to
the order, decision, or award of the Labor Commissioner unless the
parties have executed a settlement agreement for payment of some
other amount, in which case the employer shall pay the amount that
the employer is obligated to pay under the terms of the settlement
agreement. If the employer fails to pay the amount owed within 10
days of entry of the judgment, dismissal, or withdrawal of the
appeal, or the execution of a settlement agreement, a portion of the
undertaking equal to the amount owed, or the entire undertaking if
the amount owed exceeds the undertaking, shall be forfeited to the
employee.
(c) If the party seeking review by filing an appeal to the
municipal or superior court is unsuccessful in the
appeal, the court shall determine the costs and reasonable attorney'
s fees incurred by the other parties to the appeal, and assess that
amount as a cost upon the party filing the appeal.
(d) If no notice of appeal of the order, decision, or award is
filed within the period set forth in subdivision (a), the order,
decision, or award shall, in the absence of fraud, be deemed the
final order.
(e) The Labor Commissioner shall file, within 10 days of the order
becoming final pursuant to subdivision (d), a certified copy of the
final order with the clerk of the municipal or
superior court , in accordance with the appropriate rules of
jurisdiction, of the appropriate county unless a
settlement has been reached by the parties and approved by the Labor
Commissioner. Judgment shall be entered immediately by the court
clerk in conformity therewith. The judgment so entered shall have
the same force and effect as, and shall be subject to all of the
provisions of law relating to, a judgment in a civil action, and may
be enforced in the same manner as any other judgment of the court in
which it is entered. Enforcement of the judgment shall receive court
priority.
(f) In order to ensure that judgments are satisfied, the Labor
Commissioner may serve upon the judgment debtor, personally or by
first-class mail at the last known address of the judgment debtor
listed with the division, a form similar to, and requiring the
reporting of the same information as, the form approved or adopted by
the Judicial Council for purposes of subdivision (a) of Section
116.830 of the Code of Civil Procedure to assist in identifying the
nature and location of any assets of the judgment debtor.
The judgment debtor shall complete the form and cause it to be
delivered to the division at the address listed on the form within 35
days after the form has been served on the judgment debtor, unless
the judgment has been satisfied. In case of willful failure by the
judgment debtor to comply with this subdivision, the division or the
judgment creditor may request the court to apply the sanctions
provided in Section 708.170 of the Code of Civil Procedure.
(g) Notwithstanding subdivision (e), the Labor Commissioner may
stay execution of any judgment entered upon an order, decision, or
award that has become final upon good cause appearing therefor and
may impose the terms and conditions of the stay of execution. A
certified copy of the stay of execution shall be filed with the clerk
entering the judgment.
(h) When a judgment is satisfied in fact, otherwise than by
execution, the Labor Commissioner may, upon the motion of either
party or on its own motion, order entry of satisfaction of judgment.
The clerk of the court shall enter a satisfaction of judgment upon
the filing of a certified copy of the order.
(i) The Labor Commissioner shall make every reasonable effort to
ensure that judgments are satisfied, including taking all appropriate
legal action and requiring the employer to deposit a bond as
provided in Section 240.
(j) The judgment creditor, or the Labor Commissioner as assignee
of the judgment creditor, shall be entitled to court costs and
reasonable attorney fees for enforcing the judgment that is rendered
pursuant to this section.
SEC. 566. Section 1181 of the Labor Code is amended to read:
1181. Upon the fixing of the time and place for the holding of a
hearing for the purpose of considering and acting upon the proposed
regulations or any matters referred to in Sections 1176 to 1180,
inclusive, the commission shall:
(a) Give public notice thereof by advertisement in at least one
newspaper published in each of the cities of Los Angeles, Oakland,
Sacramento, San Jose, Fresno, Eureka, San Diego, Long Beach, Alameda,
Berkeley, Stockton, San Bernardino, and San Francisco.
(b) Mail a copy of the notice and the proposed regulations to the
county clerk of the superior court of
each county in the state to be posted at the courthouse; to each
association of employers or employees which, in the opinion of the
commission, would be affected by the hearing; and to any person or
organization within this state filing with the commission a written
request for notice of such hearing. Failure to mail such notice
shall not invalidate any order of the commission issued after such
hearing.
The notice shall also state the time and place fixed for the
hearing, which shall not be less than 30 days from the date of
publication and mailing of such notices.
SEC. 567. Section 1701.10 of the Labor Code is amended to read:
1701.10. (a) Prior to engaging in the business or acting in the
capacity of an advance-fee talent service, a person shall file with
the Labor Commissioner a bond in the amount of ten thousand dollars
($10,000) or a deposit in lieu of the bond pursuant to Section
995.710 of the Code of Civil Procedure. The bond shall be executed
by a corporate surety qualified to do business in this state and
conditioned upon compliance with this chapter. The total aggregate
liability on the bond shall be limited to ten thousand dollars
($10,000). The bond may be terminated pursuant to Section 995.440
of, or Article 13 (commencing with Section 996.310) of Chapter 2 of
Title 14 of Part 2 of, the Code of Civil Procedure.
(b) The bond required by this section shall be in favor of, and
payable to, the people of the State of California and shall be for
the benefit of any person damaged by any fraud, misstatement,
misrepresentation, unlawful act or omission, or failure to provide
the services of the advance-fee talent service while acting within
the scope of that employment or agency.
(c) The Labor Commissioner shall charge and collect a filing fee
to cover the cost of filing the bond or deposit.
(d) The Labor Commissioner shall enforce the provisions of this
chapter that govern the filing and maintenance of bonds and deposits.
(e) (1) Whenever a deposit is made in lieu of the bond otherwise
required by this section, the person asserting the claim against the
deposit shall establish the claim by furnishing evidence to the Labor
Commissioner of a money judgment entered by a court, together with
evidence that the claimant is a person described in subdivision (b).
(2) When a claimant has established the claim with the Labor
Commissioner, the Labor Commissioner shall review and approve the
claim and enter the date of the approval thereon. The claim shall be
designated an approved claim.
(3) When the first claim against a particular deposit has been
approved, it shall not be paid until the expiration of a period of
240 days after the date of its approval by the Labor Commissioner.
Subsequent claims that are approved by the Labor Commissioner within
the same 240-day period shall similarly not be paid until the
expiration of that 240-day period. Upon the expiration of the
240-day period, the Labor Commissioner shall pay all approved claims
from that 240-day period in full unless the deposit is insufficient,
in which case every approved claim shall be paid a pro rata share of
the deposit.
(4) Whenever the Labor Commissioner approves the first claim
against a particular deposit after the expiration of a 240-day
period, the date of approval of that claim shall begin a new 240-day
period to which paragraph (3) applies with respect to any amount
remaining in the deposit.
(5) After a deposit is exhausted, no further claims shall be paid
by the Labor Commissioner. Claimants who have had claims paid in
full or in part pursuant to paragraph (3) or (4) shall not be
required to return funds received from the deposit for the benefit of
other claimants.
(6) Whenever a deposit has been made in lieu of a bond, the amount
of the deposit shall not be subject to attachment, garnishment, or
execution with respect to an action or judgment against the assignor
of the deposit, other than as to an amount as no longer needed or
required for the purposes of this chapter and that would otherwise be
returned to the assignor of the deposit by the Labor Commissioner.
(7) The Labor Commissioner shall return a deposit two years from
the date it receives written notification from the assignor of the
deposit that the assignor has ceased to engage in the business or act
in the capacity of an advance-fee talent service or has filed a bond
pursuant to subdivision (a), provided that there are no outstanding
claims against the deposit. The written notice shall include all of
the following:
(A) The name, address, and telephone number of the assignor.
(B) The name, address, and telephone number of the bank at which
the deposit is located.
(C) The account number of the deposit.
(D) A statement that the assignor is ceasing to engage in the
business or act in the capacity of an advance-fee talent service or
has filed a bond with the Labor Commissioner. The Labor Commissioner
shall forward an acknowledgement of receipt of the written notice to
the assignor at the address indicated therein, specifying the date
of receipt of the written notice and the anticipated date of release
of the deposit, provided there are then no outstanding claims against
the deposit.
(8) A municipal or superior court may order the
return of the deposit prior to the expiration of two years upon
evidence satisfactory to the court that there are no outstanding
claims against the deposit, or order the Labor Commissioner to retain
the deposit for a specified period beyond the two years to resolve
outstanding claims against the deposit.
(9) This subdivision applies to all deposits retained by the Labor
Commissioner. The Labor Commissioner shall notify each assignor of
a deposit it retains and of the applicability of this section.
(10) Compliance with Sections 1700.15 and 1700.16 of this code or
Section 1812.503, 1812.510, or 1812.515 of the Civil Code shall
satisfy the requirements of this section.
SEC. 568. Section 2691 of the Labor Code is amended to read:
2691. Within 10 days of receipt of notice of the award, the party
or parties who are required to comply with the terms of the award
shall so comply and file proof of such compliance with the
commissioner or shall file a notice of appeal with the
municipal or superior court for the county in which the
hearing was held , in accordance with the appropriate rules
of jurisdiction . Upon the filing of such an appeal, a
trial de novo shall be held, provided, however, that the decision
reached by the panel as stated in the award shall be received as
evidence by the trial court.
SEC. 569. Section 5600 of the Labor Code is amended to read:
5600. The appeals board may, upon the filing of an application by
or on behalf of an injured employee, the employee's dependents, or
any other party in interest, direct the county
clerk of the superior court of any county to issue writs
of attachment authorizing the sheriff to attach the property of the
defendant as security for the payment of any compensation which may
be awarded in any of the following cases:
(a) In any case mentioned in Section 415.50 of the Code of Civil
Procedure.
(b) Where the employer has failed to secure the payment of
compensation as required by Article 1 (commencing with Section 3700)
of Chapter 4 of Part 1.
The attachment shall be in an amount fixed by the appeals board,
not exceeding the greatest probable award against the defendant in
the matter.
SEC. 570. Section 6436 of the Labor Code is amended to read:
6436. The criminal complaint regarding a violation of Section
6505.5 may be brought by the Attorney General or by the district
attorney or prosecuting attorney of any city, in the
municipal superior court of any county in the
state with jurisdiction over the contractor or employer, by reason of
the contractor's or employer's act or failure to act within that
jurisdiction county . Any penalty
assessed by the court shall be paid to the office of the prosecutor
bringing the complaint, but if the case was referred to the
prosecutor by the division, or some other governmental unit, one-half
of the civil or criminal penalty assessed shall be paid to that
governmental unit.
SEC. 571. Section 395.3 of the Military and Veterans Code is
amended to read:
395.3. In the event that any public officer or employee has
resigned or resigns his or her office or employment to serve or to
continue to serve in the armed forces of the United States or in the
armed forces of this state, he or she shall have a right to return to
and reenter the office or employment prior to the time at which his
or her term of office or his or her employment would have ended if he
or she had not resigned, on serving a written notice to that effect
upon the authorized appointing power, or if there is no authorized
appointing power, upon the officer or agency having power to fill a
vacancy in the office or employment, within six months of the
termination of his or her active service with the armed forces;
provided, that the right to return and reenter upon the office or
position shall not extend to or be granted to any public officer or
employee, who shall fail to return to and reenter upon his or her
office or position within 12 months after the first date upon which
he or she could terminate or could cause to have terminated his or
her active service with the armed forces of the United States or of
the militia of this state.
As used in this section, "public officers and employees" includes
all of the following:
(a) Members of the Senate and of the Assembly.
(b) Justices of the Supreme Court and the courts of appeal, judges
of the superior courts and of the municipal courts
, and all other judicial officers.
(c) All other state officers and employees not within Chapter 11
(commencing with Section 19770) of Part 2 of Division 5 of Title 2 of
the Government Code, including all officers for whose selection and
term of office provision is made in the Constitution and laws of this
state.
(d) All officers and employees of any county, city and county,
city, township, district, political subdivision, authority,
commission, board, or other public agency within this state.
The right of reentry into public office or employment provided for
in this section shall include the right to be restored to the civil
service status as the officer or employee would have if he or she had
not so resigned; and no other person shall acquire civil service
status in the same position so as to deprive the officer or employee
of his or her right to restoration as provided for herein.
This section shall be retroactively applied to extend the right of
reentry into public office or employment to public officers and
employees who resigned prior to its effective date.
This section does not apply to any public officer or employee to
whom the right to reenter public office or employment after service
in the armed forces has been granted by any other provision of law.
If any provision of this section, or the application of this
section to any person or circumstance, is held invalid, the remainder
of this section, or the application of this section to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if such
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.
SEC. 572. Section 28 of the Penal Code is amended to read:
28. (a) Evidence of mental disease, mental defect, or mental
disorder shall not be admitted to show or negate the capacity to form
any mental state, including, but not limited to, purpose, intent,
knowledge, premeditation, deliberation, or malice aforethought, with
which the accused committed the act. Evidence of mental disease,
mental defect, or mental disorder is admissible solely on the issue
of whether or not the accused actually formed a required specific
intent, premeditated, deliberated, or harbored malice aforethought,
when a specific intent crime is charged.
(b) As a matter of public policy there shall be no defense of
diminished capacity, diminished responsibility, or irresistible
impulse in a criminal action or juvenile adjudication hearing.
(c) This section shall not be applicable to an insanity hearing
pursuant to Section 1026 or 1429.5 .
(d) Nothing in this section shall limit a court's discretion,
pursuant to the Evidence Code, to exclude psychiatric or
psychological evidence on whether the accused had a mental disease,
mental defect, or mental disorder at the time of the alleged offense.
SEC. 573. Section 190.9 of the Penal Code is amended to read:
190.9. (a) (1) In any case in which a death sentence may be
imposed, all proceedings conducted in the municipal and
superior courts court ,
including all conferences and proceedings, whether in open court, in
conference in the courtroom, or in chambers, shall be conducted on
the record with a court reporter present. The court reporter shall
prepare and certify a daily transcript of all proceedings commencing
with the preliminary hearing. Proceedings prior to the preliminary
hearing shall be reported but need not be transcribed until the
municipal or superior court receives notice as
prescribed in paragraph (2) of subdivision (a).
(2) Upon receiving notification from the prosecution that the
death penalty is being sought, the superior court shall
notify the court in which the preliminary hearing took place. Upon
this notification, the court in which the preliminary hearing took
place clerk shall order the transcription and
preparation of the record of all proceedings prior to and including
the preliminary hearing in the manner prescribed by the Judicial
Council in the rules of court. The record of all proceedings prior
to and including the preliminary hearing shall be certified by the
court no later than 120 days following notification by the
superior court unless the superior court grants an
extension of time is extended pursuant to rules
of court adopted by the Judicial Council. Upon certification,
the court in which the preliminary hearing took place shall
forward the record to the superior court for incorporation
the record of all proceedings is incorporated into the
superior court record.
(b) (1) The court shall assign a court reporter who uses
computer-aided transcription equipment to report all proceedings
under this section.
(2) Failure to comply with the requirements of this section
relating to the assignment of court reporters who use computer-aided
transcription equipment shall not be a ground for reversal.
(c) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of
subdivision (c) of Section 269 Section 271
of the Code of Civil Procedure.
SEC. 574. Section 808 of the Penal Code is amended to read:
808. The following persons are magistrates:
1. The judges of the Supreme Court.
2. The judges of the courts of appeal.
3. The judges of the superior courts.
4. The judges of the municipal courts.
SEC. 575. Section 810 of the Penal Code is amended to read:
810. (a) The presiding judge of the superior court and
the presiding judge of each municipal court in a county
shall, as often as is necessary, designate on a schedule not less
than one judge of the superior court or municipal
court to be reasonably available on call as a magistrate for the
setting of orders for discharge from actual custody upon bail, the
issuance of search warrants, and for such other matters as may by the
magistrate be deemed appropriate, at all times when a court is not
in session in the county.
(b) The officer in charge of a jail, or a person the officer
designates, in which an arrested person is held in custody shall
assist the arrested person or the arrested person's attorney in
contacting the magistrate on call as soon as possible for the purpose
of obtaining release on bail.
(c) Any telephone call made pursuant to this section by an
arrested person while in custody or by such person's attorney shall
not count or be considered as a telephone call for purposes of
Section 851.5 of the Penal Code.
SEC. 576. Section 830.1 of the Penal Code is amended to read:
830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency which performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district (including police officers of the San Diego Unified Port
District Harbor Police) authorized by statute to maintain a police
department, any marshal or deputy marshal of a municipal
superior court or county , any port
warden or special officer of the Harbor Department of the City of Los
Angeles, or any inspector or investigator employed in that capacity
in the office of a district attorney, is a peace officer. The
authority of these peace officers extends to any place in the state,
as follows:
(1) As to any public offense committed or which there is probable
cause to believe has been committed within the political subdivision
which employs the peace officer or in which the peace officer
serves .
(2) Where the peace officer has the prior consent of the chief of
police or chief, director, or chief executive officer of a
consolidated municipal public safety agency, or person authorized by
him or her to give consent, if the place is within a city or of the
sheriff, or person authorized by him or her to give consent, if the
place is within a county.
(3) As to any public offense committed or which there is probable
cause to believe has been committed in the peace officer's presence,
and with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of the offense.
(b) Special agents and Attorney General investigators of the
Department of Justice are peace officers, and those assistant chiefs,
deputy chiefs, chiefs, deputy directors, and division directors
designated as peace officers by the Attorney General are peace
officers. The authority of these peace officers extends to any place
in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
(c) Any deputy sheriff of a county of the first class
the County of Los Angeles , and any deputy
sheriff of the Counties of Riverside and San Diego, who is employed
to perform duties exclusively or initially relating to custodial
assignments with responsibilities for maintaining the operations of
county custodial facilities, including the custody, care,
supervision, security, movement, and transportation of inmates, is a
peace officer whose authority extends to any place in the state only
while engaged in the performance of the duties of his or her
respective employment and for the purpose of carrying out the primary
function of employment relating to his or her custodial assignments,
or when performing other law enforcement duties directed by his or
her employing agency during a local state of emergency.
SEC. 577. Section 851.8 of the Penal Code is amended to read:
851.8. (a) In any case where a person has been arrested and no
accusatory pleading has been filed, the person arrested may petition
the law enforcement agency having jurisdiction over the offense to
destroy its records of the arrest. A copy of such petition shall be
served upon the district attorney of the county having jurisdiction
over the offense. The law enforcement agency having jurisdiction
over the offense, upon a determination that the person arrested is
factually innocent, shall, with the concurrence of the district
attorney, seal its arrest records, and the petition for relief under
this section for three years from the date of the arrest and
thereafter destroy its arrest records and the petition. The law
enforcement agency having jurisdiction over the offense shall notify
the Department of Justice, and any law enforcement agency which
arrested the petitioner or participated in the arrest of the
petitioner for an offense for which the petitioner has been found
factually innocent under this subdivision, of the sealing of the
arrest records and the reason therefor. The Department of Justice
and any law enforcement agency so notified shall forthwith seal their
records of the arrest and the notice of sealing for three years from
the date of the arrest, and thereafter destroy their records of the
arrest and the notice of sealing. The law enforcement agency having
jurisdiction over the offense and the Department of Justice shall
request the destruction of any records of the arrest which they have
given to any local, state, or federal agency or to any other person
or entity. Each such agency, person, or entity within the State of
California receiving such a request shall destroy its records
of the arrest and such request,
unless otherwise provided in this section.
(b) If, after receipt by both the law enforcement agency and the
district attorney of a petition for relief under subdivision (a), the
law enforcement agency and district attorney do not respond to the
petition by accepting or denying such petition within 60 days after
the running of the relevant statute of limitations or within 60 days
after receipt of the petition in cases where the statute of
limitations has previously lapsed, then the petition shall be deemed
to be denied. In any case where the petition of an arrestee to the
law enforcement agency to have an arrest record destroyed is denied,
petition may be made to the municipal court or the
superior court in a county in which there is no municipal
court which would have had territorial jurisdiction over
the matter. A copy of such petition shall be served on the district
attorney of the county having jurisdiction over the offense at least
10 days prior to the hearing thereon. The district attorney may
present evidence to the court at such hearing. Notwithstanding
Section 1538.5 or 1539, any judicial determination of factual
innocence made pursuant to this section may be heard and determined
upon declarations, affidavits, police reports, or any other evidence
submitted by the parties which is material, relevant and reliable. A
finding of factual innocence and an order for the sealing and
destruction of records pursuant to this section shall not be made
unless the court finds that no reasonable cause exists to believe
that the arrestee committed the offense for which the arrest was
made. In any court hearing to determine the factual innocence of a
party, the initial burden of proof shall rest with the petitioner to
show that no reasonable cause exists to believe that the arrestee
committed the offense for which the arrest was made. If the court
finds that this showing of no reasonable cause has been made by the
petitioner, then the burden of proof shall shift to the respondent to
show that a reasonable cause exists to believe that the petitioner
committed the offense for which the arrest was made. If the court
finds the arrestee to be factually innocent of the charges for which
the arrest was made, then the court shall order the law enforcement
agency having jurisdiction over the offense, the Department of
Justice, and any law enforcement agency which arrested the petitioner
or participated in the arrest of the petitioner for an offense for
which the petitioner has been found factually innocent under this
section to seal their records of the arrest and the court order to
seal and destroy such records, for three years from the date of the
arrest and thereafter to destroy their records of the arrest and the
court order to seal and destroy such records. The court shall also
order the law enforcement agency having jurisdiction over the offense
and the Department of Justice to request the destruction of any
records of the arrest which they have given to any local, state, or
federal agency, person or entity. Each state or local agency, person
or entity within the State of California receiving such a request
shall destroy its records of the arrest and the request to destroy
such records, unless otherwise provided in this section. The court
shall give to the petitioner a copy of any court order concerning the
destruction of the arrest records.
(c) In any case where a person has been arrested, and an
accusatory pleading has been filed, but where no conviction has
occurred, the defendant may, at any time after dismissal of the
action, petition the court which dismissed the action for a finding
that the defendant is factually innocent of the charges for which the
arrest was made. A copy of such petition shall be served on the
district attorney of the county in which the accusatory pleading was
filed at least 10 days prior to the hearing on the petitioner's
factual innocence. The district attorney may present evidence to the
court at such hearing. Such hearing shall be conducted as provided
in subdivision (b). If the court finds the petitioner to be
factually innocent of the charges for which the arrest was made, then
the court shall grant the relief as provided in subdivision (b).
(d) In any case where a person has been arrested and an accusatory
pleading has been filed, but where no conviction has occurred, the
court may, with the concurrence of the district attorney, grant the
relief provided in subdivision (b) at the time of the dismissal of
the accusatory pleading.
(e) Whenever any person is acquitted of a charge and it appears to
the judge presiding at the trial wherein such acquittal occurred
that the defendant was factually innocent of such charge, the judge
may grant the relief provided in subdivision (b).
(f) In any case where a person who has been arrested is granted
relief pursuant to subdivision (a) or (b), the law enforcement agency
having jurisdiction over the offense or court shall issue a written
declaration to the arrestee stating that it is the determination of
the law enforcement agency having jurisdiction over the offense or
court that the arrestee is factually innocent of the charges for
which the person was arrested and that the arrestee is thereby
exonerated. Thereafter, the arrest shall be deemed not to have
occurred and the person may answer accordingly any question relating
to its occurrence.
(g) The Department of Justice shall furnish forms to be utilized
by persons applying for the destruction of their arrest records and
for the written declaration that one person was found factually
innocent under subdivisions (a) and (b).
(h) Documentation of arrest records destroyed pursuant to
subdivision (a), (b), (c), (d), or (e) which are contained in
investigative police reports shall bear the notation "Exonerated"
whenever reference is made to the arrestee. The arrestee shall be
notified in writing by the law enforcement agency having jurisdiction
over the offense of the sealing and destruction of the arrest
records pursuant to this section.
(i) Any finding that an arrestee is factually innocent pursuant to
subdivision (a), (b), (c), (d), or (e) shall not be admissible as
evidence in any action.
(j) Destruction of records of arrest pursuant to subdivision (a),
(b), (c), (d), or (e) shall be accomplished by permanent obliteration
of all entries or notations upon such records pertaining to the
arrest, and the record shall be prepared again so that it appears
that the arrest never occurred. However, where (1) the only entries
on the record pertain to the arrest and (2) the record can be
destroyed without necessarily effecting the destruction of other
records, then the document constituting the record shall be
physically destroyed.
(k) No records shall be destroyed pursuant to subdivision (a),
(b), (c), (d), or (e) if the arrestee or a codefendant has filed a
civil action against the peace officers or law enforcement
jurisdiction which made the arrest or instituted the prosecution and
if the agency which is the custodian of such records has received a
certified copy of the complaint in such civil action, until the civil
action has been resolved. Any records sealed pursuant to this
section by the court in the civil actions, upon a showing of good
cause, may be opened and submitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties and any other person
authorized by the court. Immediately following the final resolution
of the civil action, records subject to subdivision (a), (b), (c),
(d), or (e) shall be sealed and destroyed pursuant to subdivision
(a), (b), (c), (d), or (e).
(l) For arrests occurring on or after January 1, 1981, and for
accusatory pleadings filed on or after January 1, 1981, petitions for
relief under this section may be filed up to two years from the date
of the arrest or filing of the accusatory pleading, whichever is
later. Until January 1, 1983, petitioners can file for relief under
this section for arrests which occurred or accusatory pleadings which
were filed up to five years prior to the effective date of the
statute. Any time restrictions on filing for relief under this
section may be waived upon a showing of good cause by the petitioner
and in the absence of prejudice.
(m) Any relief which is available to a petitioner under this
section for an arrest shall also be available for an arrest which has
been deemed to be or described as a detention under Section 849.5 or
851.6.
(n) The provisions of this section shall not apply to any offense
which is classified as an infraction.
(o) (1) The provisions of this section shall be repealed on the
effective date of a final judgment based on a claim under the
California or United States Constitution holding that evidence which
is relevant, reliable, and material may not be considered for
purposes of a judicial determination of factual innocence under this
section. For purposes of this subdivision, a judgment by the
appellate division of a superior court is a final judgment if it is
published and if it is not reviewed on appeal by a court of appeal.
A judgment of a court of appeal is a final judgment if it is
published and if it is not reviewed by the California Supreme Court.
(2) Any such decision referred to in this subdivision shall be
stayed pending appeal.
(3) If not otherwise appealed by a party to the action, any such
decision referred to in this subdivision which is a judgment by the
appellate division of the superior court, shall be appealed by the
Attorney General.
(p) A judgment of the court under subdivision (b), (c), (d), or
(e) is subject to the following appeal path:
(1) In a felony case, appeal is to the court of appeal.
(2) In a misdemeanor case, or in a case in which no accusatory
pleading was filed, appeal is to the appellate division of the
superior court.
SEC. 578. Section 859a of the Penal Code is amended to read:
859a. (a) If the public offense charged is a felony not
punishable with death, the magistrate shall immediately upon the
appearance of counsel for the defendant read the complaint to the
defendant and ask him or her whether he or she pleads guilty or not
guilty to the offense charged therein and to a previous conviction or
convictions of crime if charged. While the charge remains pending
before the magistrate and when the defendant's counsel is present,
the defendant may plead guilty to the offense charged, or, with the
consent of the magistrate and the district attorney or other counsel
for the people, plead nolo contendere to the offense charged or plead
guilty or nolo contendere to any other offense the commission of
which is necessarily included in that with which he or she is
charged, or to an attempt to commit the offense charged and to the
previous conviction or convictions of crime if charged upon a plea of
guilty or nolo contendere. The magistrate may then fix a reasonable
bail as provided by this code, and upon failure to deposit the bail
or surety, shall immediately commit the defendant to the sheriff.
Upon accepting the plea of guilty or nolo contendere the magistrate
shall certify the case, including a copy of all proceedings therein
and any testimony that in his or her discretion he or she may require
to be taken, to the court in which judgment is to be pronounced at
the time specified under subdivision (b), and thereupon the
proceedings shall be had as if the defendant had pleaded guilty in
that court. This subdivision shall not be construed to authorize the
receiving of a plea of guilty or nolo contendere from any defendant
not represented by counsel. If the defendant subsequently files a
written motion to withdraw the plea under Section 1018, the motion
shall be heard and determined by the court before which the plea was
entered.
(b) Notwithstanding Section 1191 or 1203, the magistrate shall,
upon the receipt of a plea of guilty or nolo contendere and upon the
performance of the other duties of the magistrate under this section,
immediately appoint a time for pronouncing judgment in the superior
court or municipal court and refer the case to the
probation officer if eligible for probation, as prescribed in
Section 1191.
SEC. 579. Section 869 of the Penal Code is amended to read:
869. The testimony of each witness in cases of homicide shall be
reduced to writing, as a deposition, by the magistrate, or under his
or her direction, and in other cases upon the demand of the
prosecuting attorney, or the defendant, or his or her counsel. The
magistrate before whom the examination is had may, in his or her
discretion, order the testimony and proceedings to be taken down in
shorthand in all examinations herein mentioned, and for that purpose
he or she may appoint a shorthand reporter. The deposition or
testimony of the witness shall be authenticated in the following
form:
(a) It shall state the name of the witness, his or her place of
residence, and his or her business or profession; except that if the
witness is a peace officer, it shall state his or her name, and the
address given in his or her testimony at the hearing.
(b) It shall contain the questions put to the witness and his or
her answers thereto, each answer being distinctly read to him or her
as it is taken down, and being corrected or added to until it
conforms to what he or she declares is the truth, except in cases
where the testimony is taken down in shorthand, the answer or answers
of the witness need not be read to him or her.
(c) If a question put be objected to on either side and overruled,
or the witness declines answering it, that fact, with the ground on
which the question was overruled or the answer declined, shall be
stated.
(d) The deposition shall be signed by the witness, or if he or she
refuses to sign it, his or her reason for refusing shall be stated
in writing, as he or she gives it, except in cases where the
deposition is taken down in shorthand, it need not be signed by the
witness.
(e) The reporter shall, within 10 days after the close of the
examination, if the defendant be held to answer the charge of a
felony, or in any other case if either the defendant or the
prosecution orders the transcript, transcribe his or her shorthand
notes, making an original and one copy and as many additional copies
thereof as there are defendants (other than fictitious defendants),
regardless of the number of charges or fictitious defendants included
in the same examination, and certify and deliver the original and
all copies to the county clerk of the
superior court in the county in which the defendant was
examined. The reporter shall, before receiving any compensation as a
reporter, file with the auditor of the county his
or her affidavit setting forth that the transcript has been
delivered to the county clerk within the time
herein provided for. The compensation of the reporter for any
services rendered by him or her as the reporter in any court of this
state shall be reduced one-half if the provisions of this section as
to the time of filing said transcript have not been complied with by
him or her.
(f) In every case in which a transcript is delivered as provided
in this section, the county clerk of the court
shall file the original of the transcript with the papers in
the case, and shall deliver a copy of the transcript to the district
attorney immediately upon his or her receipt thereof and shall
deliver a copy of said transcript to each defendant (other than a
fictitious defendant) at least five days before trial or upon earlier
demand by him or her without cost to him or her; provided, that if
any defendant be held to answer to two or more charges upon the same
examination and thereafter the district attorney shall file separate
informations upon said several charges, the delivery to each such
defendant of one copy of the transcript of the examination shall be a
compliance with this section as to all of those informations.
(g) If the transcript is delivered by the reporter within the time
hereinbefore provided for, the reporter shall be entitled to receive
the compensation fixed and allowed by law to reporters in the
superior courts of this state.
SEC. 580. Section 870 of the Penal Code is amended to read:
870. The magistrate or his or her clerk shall keep the
depositions taken on the information or the examination, until they
are returned to the proper court; and shall not permit them to be
examined or copied by any person except a judge of a court having
jurisdiction of the offense, or authorized to issue writs of habeas
corpus, the Attorney General, district attorney, or other prosecuting
attorney, and the defendant and his or her counsel; provided
however, upon demand by the defendant or his or her attorney the
magistrate shall order a transcript of the depositions taken on the
information, or on the examination, to be immediately furnished the
defendant or his or her attorney, after the commitment of the
defendant as provided by Sections 876 and 877, and the reporter
furnishing the depositions, shall receive compensation and
be paid by the county for the same as provided by subdivision (f) of
in accordance with Section 869.
SEC. 581. Section 896 of the Penal Code is amended to read:
896. (a) Immediately after such order is made, the court shall
select the grand jurors required by personal interview for the
purpose of ascertaining whether they possess the qualifications
prescribed by subdivision (a) of Section 893. If a person so
interviewed, in the opinion of the court, possesses such
qualifications, in order for his name to be listed
he the person shall sign a statement
declaring that he the person will be
available for jury service for the number of hours usually required
of a member of the grand jury in that county.
(b) The selections shall be made of men and women who are not
exempt from serving and who are suitable and competent to serve as
grand jurors pursuant to Sections 893, 898, and 899. The court shall
list the persons so selected and required by the order to serve as
grand jurors during the ensuing fiscal year of the county, or until a
new list of grand jurors is provided, and shall at once place this
list in the possession of the county clerk of
the court .
SEC. 582. Section 900 of the Penal Code is amended to read:
900. On receiving the list of persons selected by the court, the
county clerk of the court shall file it
in his office and have such list, which shall
include the name of the judge who selected each person on the list,
published one time in a newspaper of general circulation, as defined
in Section 6000 of the Government Code, in the county. The
county clerk shall thereupon do either of the following:
(a) Write down the names on the list onto separate pieces of paper
of the same size and appearance, fold each piece so as to conceal
the name thereon, and deposit the pieces in a box to be called the
"grand jury box."
(b) Assign a number to each name on the list and place, in a box
to be called the "grand jury box," markers of the same size, shape,
and color, each containing a number which corresponds with a number
on the list.
SEC. 583. Section 904 of the Penal Code is amended to read:
904. Every superior court, whenever in its opinion the public
interest so requires, shall make and file with the county
clerk of the court an order directing a grand
jury to be drawn. Such order shall designate the number of grand
jurors to be drawn, which shall not be less than 29 or more than 40
in counties having a population exceeding four million and not less
than 25 nor more than 30 in other counties.
SEC. 584. Section 924.4 of the Penal Code is amended to read:
924.4. Notwithstanding the provisions of Sections 924.1 and
924.2, any grand jury or, if the grand jury is no longer
empaneled impaneled , the presiding or
sole judge of the superior court, may pass on and provide
the succeeding grand jury with any records, information, or evidence
acquired by the grand jury during the course of any investigation
conducted by it during its term of service, except any information or
evidence that relates to a criminal investigation or that could form
part or all of the basis for issuance of an indictment. Transcripts
of testimony reported during any session of the grand jury shall be
made available to the succeeding grand jury upon its request.
SEC. 585. Section 932 of the Penal Code is amended to read:
932. After investigating the books and accounts of the various
officials of the county, as provided in the foregoing sections of
this article, the grand jury may order the district attorney of the
county to institute suit to recover any money that, in the judgment
of the grand jury, may from any cause be due the county. The order
of the grand jury, certified by the foreman of the grand jury and
filed with the county clerk of the superior
court of the county, shall be full authority for the district
attorney to institute and maintain any such suit.
SEC. 586. Section 933 of the Penal Code is amended to read:
933. (a) Each grand jury shall submit to the presiding judge of
the superior court a final report of its findings and recommendations
that pertain to county government matters during the fiscal or
calendar year. Final reports on any appropriate subject may be
submitted to the presiding judge of the superior court at any time
during the term of service of a grand jury. A final report may be
submitted for comment to responsible officers, agencies, or
departments, including the county board of supervisors, when
applicable, upon finding of the presiding judge that the report is in
compliance with this title. For 45 days after the end of the term,
the foreperson and his or her designees shall, upon reasonable
notice, be available to clarify the recommendations of the report.
(b) One copy of each final report, together with the responses
thereto, found to be in compliance with this title shall be placed on
file with the county clerk of the court
and remain on file in the office of the county
clerk. The county clerk shall
immediately forward a true copy of the report and the responses to
the State Archivist who shall retain that report and all responses in
perpetuity.
(c) No later than 90 days after the grand jury submits a final
report on the operations of any public agency subject to its
reviewing authority, the governing body of the public agency shall
comment to the presiding judge of the superior court on the findings
and recommendations pertaining to matters under the control of the
governing body, and every elected county officer or agency head for
which the grand jury has responsibility pursuant to Section 914.1
shall comment within 60 days to the presiding judge of the superior
court, with an information copy sent to the board of supervisors, on
the findings and recommendations pertaining to matters under the
control of that county officer or agency head and any agency or
agencies which that officer or agency head supervises or controls.
In any city and county, the mayor shall also comment on the findings
and recommendations. All of these comments and reports shall
forthwith be submitted to the presiding judge of the superior court
who impaneled the grand jury. A copy of all responses to grand jury
reports shall be placed on file with the clerk of the public agency
and the office of the county clerk, or the mayor when applicable, and
shall remain on file in those offices. One copy shall be placed on
file with the applicable grand jury final report by, and in the
control of the currently impaneled grand jury, where it shall be
maintained for a minimum of five years.
(d) As used in this section "agency" includes a department.
SEC. 587. Section 938.1 of the Penal Code is amended to read:
938.1. (a) If an indictment has been found or accusation
presented against a defendant, such stenographic reporter shall
certify and deliver to the county clerk of
the superior court in the county an original transcription of
his the reporter's shorthand notes and
a copy thereof and as many additional copies as there are defendants,
other than fictitious defendants, regardless of the number of
charges or fictitious defendants included in the same investigation.
The reporter shall complete such the
certification and delivery within 10 days after the indictment has
been found or the accusation presented unless the court for good
cause makes an order extending the time. The time shall not be
extended more than 20 days. The county clerk
shall file the original of the transcript, deliver a copy of the
transcript to the district attorney immediately upon his
receipt thereof and deliver a copy of such transcript to
each such defendant or his the defendant's
attorney. If the copy of the testimony is not served as
provided in this section , the court shall on motion of
the defendant continue the trial to such time as may be necessary to
secure to the defendant receipt of a copy of such testimony 10 days
before such trial. If several criminal charges are investigated
against a defendant on one investigation and thereafter separate
indictments are returned or accusations presented upon said several
charges, the delivery to such defendant or his
the defendant's attorney of one copy of the transcript of
such investigation shall be a compliance with this section as to all
of such indictments or accusations.
(b) The transcript shall not be open to the public until 10 days
after its delivery to the defendant or his
the defendant's attorney. Thereafter the transcript shall be
open to the public unless the court orders otherwise on its own
motion or on motion of a party pending a determination as to whether
all or part of the transcript should be sealed. If the court
determines that there is a reasonable likelihood that making all or
any part of the transcript public may prejudice a defendant's right
to a fair and impartial trial, that part of the transcript shall be
sealed until the defendant's trial has been completed.
SEC. 588. Section 938.3 of the Penal Code is amended to read:
938.3. The services of the stenographic reporter shall constitute
a charge against the county, and the stenographic reporter shall be
compensated for reporting and transcribing at the same rates as
prescribed in Sections 69947 to 69954, inclusive,
Section 69947
of the Government Code, to be paid out of the county treasury
on a warrant of the county auditor when ordered by the judge of the
superior court , except to the extent otherwise provided for in
Section 69947 of the Government Code .
SEC. 589. Section 977 of the Penal Code is amended to read:
977. (a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except as
provided in paragraph (2). If the accused agrees, the initial court
appearance, arraignment, and plea may be by video, as provided by
subdivision (c).
(2) If the accused is charged with a misdemeanor offense involving
domestic violence, as defined in Section 6211 of the Family Code, or
a misdemeanor violation of Section 273.6, the accused shall be
present for arraignment and sentencing.
(b) (1) In all cases in which a felony is charged, the accused
shall be present at the arraignment, at the time of plea, during the
preliminary hearing, during those portions of the trial when evidence
is taken before the trier of fact, and at the time of the imposition
of sentence. The accused shall be personally present at all other
proceedings unless he or she shall, with leave of court, execute in
open court, a written waiver of his or her right to be personally
present, as provided by paragraph (2). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:
"WAIVER OF DEFENDANT'S PERSONAL PRESENCE"
"The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause. The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."
(c) The court may permit the initial court appearance and
arraignment in municipal or superior court of
defendants held in any state, county, or local facility within the
county on felony or misdemeanor charges, except for those defendants
who were indicted by a grand jury, to be conducted by two-way
electronic audiovideo communication between the defendant and the
courtroom in lieu of the physical presence of the defendant in the
courtroom. If the defendant is represented by counsel, the attorney
shall be present with the defendant at the initial court appearance
and arraignment, and may enter a plea during the arraignment.
However, if the defendant is represented by counsel at an initial
hearing in superior court in a felony case, and if
the defendant does not plead guilty or nolo contendere to any
charge, the attorney shall be present with the defendant or if the
attorney is not present with the defendant, the attorney shall be
present in court during the hearing. The defendant shall have the
right to make his or her plea while physically present in the
courtroom if he or she so requests. If the defendant decides not to
exercise the right to be physically present in the courtroom, he or
she shall execute a written waiver of that right. A judge may order
a defendant's personal appearance in court for the initial court
appearance and arraignment. In a misdemeanor case, a judge may,
pursuant to this subdivision, accept a plea of guilty or no contest
from a defendant who is not physically in the courtroom. In a felony
case, a judge may, pursuant to this subdivision, accept a plea of
guilty or no contest from a defendant who is not physically in the
courtroom if the parties stipulate thereto.
(d) Notwithstanding subdivision (c), if the defendant is
represented by counsel, the attorney shall be present with the
defendant in any county exceeding 4,000,000 persons in population.
SEC. 590. Section 977.2 of the Penal Code is amended to read:
977.2. (a) Notwithstanding Section 977 or any other law, in all
cases in which the defendant is charged with a misdemeanor or a
felony and is currently incarcerated in the state prison, the
Department of Corrections may arrange for the initial court
appearance and arraignment in municipal or superior court
to be conducted by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu of the
physical presence of the defendant in the courtroom. Nothing in this
section shall be interpreted to eliminate the authority of the court
to issue an order requiring the defendant to be physically present
in the courtroom in those cases where the court finds circumstances
that require the physical presence of the defendant in the courtroom.
(b) If the defendant is represented by counsel, the attorney shall
be present with the defendant at the initial court appearance and
arraignment, and may enter a plea during the arraignment. However,
if the defendant is represented by counsel at an initial hearing
in superior court in a felony case, and if the
defendant does not plead guilty or nolo contendere to any charge, the
attorney shall be present with the defendant or if the attorney is
not present with the defendant, the attorney shall be present in
court during the hearing.
(c) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the department
shall establish a confidential telephone and facsimile transmission
line between the court and the institution for communication between
the defendant's counsel in court and the defendant at the
institution. In this case, counsel for the defendant shall not be
required to be physically present at the institution during the
initial court appearance and arraignment via electronic audiovideo
communication. Nothing in this section shall be construed to
prohibit the physical presence of the defense counsel with the
defendant at the state prison.
SEC. 591. Section 987.2 of the Penal Code is amended to read:
987.2. (a) In any case in which a person, including a person who
is a minor, desires but is unable to employ counsel, and in which
counsel is assigned in the superior or municipal
court to represent the person in a criminal trial, proceeding, or
appeal, the following assigned counsel shall receive a reasonable sum
for compensation and for necessary expenses, the amount of which
shall be determined by the court, to be paid out of the general fund
of the county:
(1) In a county or city and county in which there is no public
defender.
(2) In a county of the first, second, or third class where there
is no contract for criminal defense services between the county and
one or more responsible attorneys.
(3) In a case in which the court finds that, because of a conflict
of interest or other reasons, the public defender has properly
refused.
(4) In a county of the first, second, or third class where
attorneys contracted by the county are unable to represent the person
accused.
(b) The sum provided for in subdivision (a) may be determined by
contract between the court and one or more responsible attorneys
after consultation with the board of supervisors as to the total
amount of compensation and expenses to be paid, which shall be within
the amount of funds allocated by the board of supervisors for the
cost of assigned counsel in those cases.
(c) In counties that utilize an assigned private counsel system as
either the primary method of public defense or as the method of
appointing counsel in cases where the public defender is unavailable,
the county, the courts, or the local county bar association working
with the courts are encouraged to do all of the following:
(1) Establish panels that shall be open to members of the State
Bar of California.
(2) Categorize attorneys for panel placement on the basis of
experience.
(3) Refer cases to panel members on a rotational basis within the
level of experience of each panel, except that a judge may exclude an
individual attorney from appointment to an individual case for good
cause.
(4) Seek to educate those panel members through an approved
training program.
(5) Establish a cost-efficient plan to ensure maximum recovery of
costs pursuant to Section 987.8.
(d) In a county of the first, second, or third class, the court
shall first utilize the services of the public defender to provide
criminal defense services for indigent defendants. In the event that
the public defender is unavailable and the county and the courts
have contracted with one or more responsible attorneys or with a
panel of attorneys to provide criminal defense services for indigent
defendants, the court shall utilize the services of the
county-contracted attorneys prior to assigning any other private
counsel. Nothing in this subdivision shall be construed to require
the appointment of counsel in any case in which the counsel has a
conflict of interest. In the interest of justice, a court may depart
from that portion of the procedure requiring appointment of a
county-contracted attorney after making a finding of good cause and
stating the reasons therefor on the record.
(e) In a county of the first, second, or third class, the court
shall first utilize the services of the public defender to provide
criminal defense services for indigent defendants. In the event that
the public defender is unavailable and the county has created a
second public defender and contracted with one or more responsible
attorneys or with a panel of attorneys to provide criminal defense
services for indigent defendants, and if the quality of
representation provided by the second public defender is comparable
to the quality of representation provided by the public defender, the
court shall next utilize the services of the second public defender
and then the services of the county-contracted attorneys prior to
assigning any other private counsel. Nothing in this subdivision
shall be construed to require the appointment of counsel in any case
in which the counsel has a conflict of interest. In the interest of
justice, a court may depart from that portion of the procedure
requiring appointment of the second public defender or a
county-contracted attorney after making a finding of good cause and
stating the reasons therefor on the record.
(f) In any case in which counsel is assigned as provided in
subdivision (a), that counsel appointed by the court and any
court-appointed licensed private investigator shall have the same
rights and privileges to information as the public defender and the
public defender investigator. It is the intent of the Legislature in
enacting this subdivision to equalize any disparity that exists
between the ability of private, court-appointed counsel and
investigators, and public defenders and public defender
investigators, to represent their clients. This subdivision is not
intended to grant to private investigators access to any confidential
Department of Motor Vehicles' information not otherwise available to
them. This subdivision is not intended to extend to private
investigators the right to issue subpoenas.
(g) Notwithstanding any other provision of this section, where an
indigent defendant is first charged in one county and establishes an
attorney-client relationship with the public defender, defense
services contract attorney, or private attorney, and where the
defendant is then charged with an offense in a second or subsequent
county, the court in the second or subsequent county may appoint the
same counsel as was appointed in the first county to represent the
defendant when all of the following conditions are met:
(1) The offense charged in the second or subsequent county would
be joinable for trial with the offense charged in the first if it
took place in the same county, or involves evidence which would be
cross-admissible.
(2) The court finds that the interests of justice and economy will
be best served by unitary representation.
(3) Counsel appointed in the first county consents to the
appointment.
(h) The county may recover costs of public defender services under
Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 for
any case subject to Section 4750.
(i) Counsel shall be appointed to represent, in a misdemeanor
case, a person who desires but is unable to employ counsel, when it
appears that the appointment is necessary to provide an adequate and
effective defense for the defendant. Appointment of counsel in an
infraction case is governed by Section 19.6.
(j) As used in this section, "county of the first, second, or
third class" means the county of the first class, county of the
second class, and county of the third class as provided by Sections
28020, 28022, 28023, and 28024 of the Government Code.
SEC. 592. Section 1000 of the Penal Code is amended to read:
1000. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading for a violation of Section 11350,
11357, 11364, 11365, 11377, or 11550 of the Health and Safety Code,
or Section 11358 of the Health and Safety Code if the marijuana
planted, cultivated, harvested, dried, or processed is for personal
use, or Section 11368 of the Health and Safety Code if the narcotic
drug was secured by a fictitious prescription and is for the personal
use of the defendant and was not sold or furnished to another, or
subdivision (d) of Section 653f if the solicitation was for acts
directed to personal use only, or Section 381 or subdivision (f) of
Section 647 of the Penal Code, if for being under the influence of a
controlled substance, or Section 4060 of the Business and Professions
Code, and it appears to the prosecuting attorney that, except as
provided in subdivision (b) of Section 11357 of the Health and Safety
Code, all of the following apply to the defendant:
(1) The defendant has no conviction for any offense involving
controlled substances prior to the alleged commission of the charged
offense.
(2) The offense charged did not involve a crime of violence or
threatened violence.
(3) There is no evidence of a violation relating to narcotics or
restricted dangerous drugs other than a violation of the sections
listed in this subdivision.
(4) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(5) The defendant's record does not indicate that he or she has
successfully completed or been terminated from diversion or deferred
entry of judgment pursuant to this chapter within five years prior to
the alleged commission of the charged offense.
(6) The defendant has no prior felony conviction within five years
prior to the alleged commission of the charged offense.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply to the defendant. Upon the agreement of the
prosecuting attorney, law enforcement, the public defender, and the
presiding judge of the criminal division of the municipal
court or of the superior court in a county in
which there is no municipal court, or a judge designated by
the presiding judge, this procedure shall be completed as soon as
possible after the initial filing of the charges. If the defendant
is found eligible, the prosecuting attorney shall file with the court
a declaration in writing or state for the record the grounds upon
which the determination is based, and shall make this information
available to the defendant and his or her attorney. This procedure
is intended to allow the court to set the hearing for deferred entry
of judgment at the arraignment. If the defendant is found ineligible
for deferred entry of judgment, the prosecuting attorney shall file
with the court a declaration in writing or state for the record the
grounds upon which the determination is based, and shall make this
information available to the defendant and his or her attorney. The
sole remedy of a defendant who is found ineligible for deferred entry
of judgment is a postconviction appeal.
(c) All referrals for deferred entry of judgment granted by the
court pursuant to this chapter shall be made only to programs that
have been certified by the county drug program administrator pursuant
to Chapter 1.5 (commencing with Section 1211) of Title 8, or to
programs that provide services at no cost to the participant and have
been deemed by the court and the county drug program administrator
to be credible and effective. The defendant may request to be
referred to a program in any county, as long as that program meets
the criteria set forth in this subdivision.
(d) Deferred entry of judgment for a violation of Section 11368 of
the Health and Safety Code shall not prohibit any administrative
agency from taking disciplinary action against a licensee or from
denying a license. Nothing in this subdivision shall be construed to
expand or restrict the provisions of Section 1000.4.
(e) Any defendant who is participating in a program referred to in
this section may be required to undergo analysis of his or her urine
for the purpose of testing for the presence of any drug as part of
the program. However, urine analysis results shall not be admissible
as a basis for any new criminal prosecution or proceeding.
SEC. 593. Section 1000.5 of the Penal Code is amended to read:
1000.5. (a) The presiding judge of the superior or
municipal court, or a judge designated by the presiding
judge, together with the district attorney and the public defender,
may agree in writing to establish and conduct a preguilty plea drug
court program pursuant to the provisions of this chapter, wherein
criminal proceedings are suspended without a plea of guilty for
designated defendants. The drug court program shall include a
regimen of graduated sanctions and rewards, individual and group
therapy, urine analysis testing commensurate with treatment needs,
close court monitoring and supervision of progress, educational or
vocational counseling as appropriate, and other requirements as
agreed to by the presiding judge or his or her designee, the district
attorney, and the public defender. If there is no agreement in
writing for a preguilty plea program by the presiding judge or his or
her designee, the district attorney, and the public defender, the
program shall be operated as a deferred entry of judgment program as
provided in this chapter.
(b) The provisions of Section 1000.3 and Section 1000.4 regarding
satisfactory and unsatisfactory performance in a program shall apply
to preguilty plea programs. If the court finds that (1) the
defendant is not performing satisfactorily in the assigned program,
(2) the defendant is not benefiting from education, treatment, or
rehabilitation, (3) the defendant has been convicted of a crime
specified in Section 1000.3, or (4) the defendant has engaged in
criminal conduct rendering him or her unsuitable for the preguilty
plea program, the court shall reinstate the criminal charge or
charges. If the defendant has performed satisfactorily during the
period of the preguilty plea program, at the end of that period, the
criminal charge or charges shall be dismissed and the provisions of
Section 1000.4 shall apply.
SEC. 594. Section 1034 of the Penal Code is repealed.
1034. In a criminal action pending in a municipal court, the
court shall order a change of venue:
(a) On motion of the defendant, to another judicial district when
it appears that there is a reasonable likelihood that a fair and
impartial trial cannot be had in the judicial district. When a
change of venue is ordered by a municipal court, it shall be for the
trial itself. All proceedings before trial shall occur in the
judicial district of original venue, except when it is evident that a
particular proceeding must be heard by the judge who is to preside
over the trial.
(b) On its own motion or on motion of any party, to an adjoining
judicial district in the same county when it appears as a result of
the exhaustion of all of the jury panels called that it will be
impossible to secure a jury to try the cause in the judicial district
or, when for the same reason it appears that it will be impossible
to try the cause in any judicial district in the county, to a
judicial district in an adjoining county.
(c) On its own motion, to an adjoining judicial district in the
same county, when it appears as a result of the unavailability of all
the courts within a judicial district such that it will be unable to
try the cause within the requirements of Section 1382. The court
shall state its findings on the record. This subdivision is limited
to those judicial districts operating under Judicial Council-approved
trial court coordination plans.
SEC. 595. Section 1035 of the Penal Code is amended to read:
1035. (a) (1) In a criminal action pending in a
municipal court, the court shall order a change of venue to another
judicial district in the same county on motion of the prosecution if
it appears that the change will be for the convenience of all parties
to the action and the defendant and his attorney, if any, consent in
writing to the change.
(2) In a misdemeanor criminal case pending in a municipal court,
upon a motion by any party, the court may order a change of venue,
for changes of plea, to the judicial district in the same county
where an action filed first in time is pending against the defendant,
when the court finds that the transfer would increase efficiency and
advance the court's coordination plan. The court shall state its
findings on the record. If the change of venue is from one
prosecutorial agency to another within the same county, the
transferring agency shall approve in writing the transfer to the
other prosecuting agency. This subdivision shall apply only to those
judicial districts operating under Judicial Council-approved trial
court coordination plans.
(b) A defendant arrested, held, or present in a county
other than that in which an indictment, information, felony
complaint, or felony probation violation is pending against the
defendant, may state in writing his or her agreement to plead guilty
or nolo contendere to some or all of the pending charges, to waive
trial or hearing in the county in which the pleading is pending, and
to consent to disposition of the case in the county in which that
defendant was arrested, held, or present, subject to the approval of
the district attorney for each county. Upon receipt of the defendant'
s statement and of the written approval of the district attorneys,
the clerk of the court in which the pleading is pending shall
transmit the papers in the proceeding or certified copies thereof to
the clerk of the court for the county in which the defendant is
arrested, held, or present, and the prosecution shall continue in
that county. However, the proceedings shall be limited solely to the
purposes of plea and sentencing and not for trial. If, after the
proceeding has been transferred pursuant to this section, the
defendant pleads not guilty, the clerk shall return the papers to the
court in which the prosecution was commenced and the proceeding
shall be restored to the docket of that court. The defendant's
statement that the defendant wishes to plead guilty or nolo
contendere shall not be used against the defendant.
SEC. 596. Section 1036.5 of the Penal Code is amended to read:
1036.5. Following the resolution of pre-trial motions, and prior
to the issuance of an order under Section 1036 or the transmittal of
the case file for the purpose of trial to the court to which venue
has been ordered transferred, the court may, upon its own motion or
the motion of any party and on appropriate notice to the court to
which venue has been transferred, set aside its order to change venue
on the ground that the conditions which originally required the
order to change venue, as set forth in Section 1033 or 1034
, no longer apply.
SEC. 597. Section 1038 of the Penal Code is amended to read:
1038. (a) The Judicial Council shall adopt
rules of practice and procedure for the change of venue in criminal
actions.
(b) Judicial Council rules may provide for transfer of a
misdemeanor or infraction case in the superior court in a county in
which there is no municipal court to another branch or location of
the superior court in the same county.
SEC. 598. Section 1039 of the Penal Code is repealed.
1039. A change of venue in a misdemeanor or infraction case shall
be to a municipal court in the county to which the case is
transferred or to the superior court if there is no municipal court
in that county.
SEC. 599. Section 1050 of the Penal Code is amended to read:
1050. (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time. To
this end the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant. Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses. Continuances also lead to
longer periods of
presentence confinement for those defendants in custody and the
concomitant overcrowding and increased expenses of local jails. It
is therefore recognized that the people, the defendant, and the
victims and other witnesses have the right to an expeditious
disposition, and to that end it shall be the duty of all courts and
judicial officers and of all counsel, both for the prosecution and
the defense, to expedite these proceedings to the greatest degree
that is consistent with the ends of justice. In accordance with this
policy, criminal cases shall be given precedence over, and set for
trial and heard without regard to the pendency of, any civil matters
or proceedings. In further accordance with this policy, death
penalty cases in which both the prosecution and the defense have
informed the court that they are prepared to proceed to trial shall
be given precedence over, and set for trial and heard without regard
to the pendency of, other criminal cases and any civil matters or
proceedings, unless the court finds in the interest of justice that
it is not appropriate.
(b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first. A party shall not
be deemed to have been served within the meaning of this section
until that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner. Regardless of the proponent of the
motion, the prosecuting attorney shall notify the people's witnesses
and the defense attorney shall notify the defense's witnesses of the
notice of motion, the date of the hearing, and the witnesses' right
to be heard by the court. The superior and municipal courts
of a county may adopt rules, which shall be consistent, regarding
the method of giving the notice or waiver of service required by this
subdivision, where a continuance is sought because of a conflict
between scheduled appearances in the courts of that county.
(c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
(d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing the
court shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the
facts proved that justify its finding. A statement of the finding
and a statement of facts proved shall be entered in the minutes. If
the moving party is unable to show good cause for the failure to give
notice, the motion for continuance shall not be granted.
(e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
(f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall
be entered in the minutes.
(g) (1) When deciding whether or not good cause for a continuance
has been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers. Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted. The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
(2) For purposes of this section, "good cause" includes, but is
not limited to, those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as defined
in Section 646.9, a violation of one or more of the sections
specified in subdivision (a) of Section 11165.1 or Section 11165.6,
or domestic violence as defined in Section 13700, or a case being
handled in the Career Criminal Prosecution Program pursuant to
Sections 999b through 999h, has occurred and the prosecuting attorney
assigned to the case has another trial, preliminary hearing, or
motion to suppress in progress in that court or another court. A
continuance under this paragraph shall be limited to a maximum of 10
additional court days.
(3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking or cases handled
under the Career Criminal Prosecution Program. Any continuance
granted to the people in a case involving stalking or handled under
the Career Prosecution Program shall be for the shortest time
possible, not to exceed 10 court days.
(h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
(i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
(j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
(k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
SEC. 600. Section 1089 of the Penal Code is amended to read:
1089. Whenever, in the opinion of a judge of a superior
or of a municipal court about to try a defendant against
whom has been filed any indictment or information or complaint, the
trial is likely to be a protracted one, the court may cause an entry
to that effect to be made in the minutes of the court, and thereupon,
immediately after the jury is impaneled and sworn, the court may
direct the calling of one or more additional jurors, in its
discretion, to be known as "alternate jurors."
Such
The alternate jurors must be drawn from the same source, and
in the same manner, and have the same qualifications as the jurors
already sworn, and be subject to the same examination and challenges;
provided, that the prosecution and the defendant shall each be
entitled to as many peremptory challenges to such
the alternate jurors as there are alternate jurors called.
When two or more defendants are tried jointly each defendant shall
be entitled to as many peremptory challenges to such
the alternate jurors as there are alternate
jurors called. The prosecution shall be entitled to additional
peremptory challenges equal to the number of all the additional
separate challenges allowed the defendant or defendants to
such the alternate jurors.
Such
The alternate jurors shall be seated so as to have equal
power and facilities for seeing and hearing the proceedings in the
case, and shall take the same oath as the jurors already selected,
and must attend at all times upon the trial of the cause in company
with the other jurors; and for a failure so to do are liable to be
punished for contempt.
They shall obey the orders of and be bound by the admonition of
the court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff or
marshal during the trial of the cause, such
the alternate jurors shall also be kept in confinement with the
other jurors; and upon final submission of the case to the jury
such the alternate jurors shall be kept
in the custody of the sheriff or marshal and shall not be discharged
until the original jurors are discharged, except as hereinafter
provided.
If at any time, whether before or after the final submission of
the case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his duty,
or if a juror requests a discharge and good cause appears therefor,
the court may order him the juror to be
discharged and draw the name of an alternate, who shall then take
his a place in the jury box, and be
subject to the same rules and regulations as though he
the alternate juror had been selected as one of
the original jurors.
SEC. 601. Section 1203.1b of the Penal Code is amended to read:
1203.1b. (a) In any case in which a defendant is convicted of an
offense and is the subject of any preplea or presentence
investigation and report, whether or not probation supervision is
ordered by the court, and in any case in which a defendant is granted
probation or given a conditional sentence, the probation officer, or
his or her authorized representative, taking into account any amount
that the defendant is ordered to pay in fines, assessments, and
restitution, shall make a determination of the ability of the
defendant to pay all or a portion of the reasonable cost of any
probation supervision or a conditional sentence, of conducting any
preplea investigation and preparing any preplea report pursuant to
Section 131.3 of the Code of Civil Procedure, of conducting any
presentence investigation and preparing any presentence report made
pursuant to Section 1203, and of processing a jurisdictional transfer
pursuant to Section 1203.9 or of processing a request for interstate
compact supervision pursuant to Sections 11175 to 11179, inclusive,
whichever applies. The reasonable cost of these services and of
probation supervision or a conditional sentence shall not exceed the
amount determined to be the actual average cost thereof. A payment
schedule for the reimbursement of the costs of preplea or presentence
investigations based on income shall be developed by the probation
department of each county and approved by the presiding
judges of the municipal and superior courts judge of
the superior court . The court shall order the defendant to
appear before the probation officer, or his or her authorized
representative, to make an inquiry into the ability of the defendant
to pay all or a portion of these costs. The probation officer, or
his or her authorized representative, shall determine the amount of
payment and the manner in which the payments shall be made to the
county, based upon the defendant's ability to pay. The probation
officer shall inform the defendant that the defendant is entitled to
a hearing, that includes the right to counsel, in which the court
shall make a determination of the defendant's ability to pay and the
payment amount. The defendant must waive the right to a
determination by the court of his or her ability to pay and the
payment amount by a knowing and intelligent waiver.
(b) When the defendant fails to waive the right provided in
subdivision (a) to a determination by the court of his or her ability
to pay and the payment amount, the probation officer shall refer the
matter to the court for the scheduling of a hearing to determine the
amount of payment and the manner in which the payments shall be
made. The court shall order the defendant to pay the reasonable
costs if it determines that the defendant has the ability to pay
those costs based on the report of the probation officer, or his or
her authorized representative. The following shall apply to a
hearing conducted pursuant to this subdivision:
(1) At the hearing, the defendant shall be entitled to have, but
shall not be limited to, the opportunity to be heard in person, to
present witnesses and other documentary evidence, and to confront and
cross-examine adverse witnesses, and to disclosure of the evidence
against the defendant, and a written statement of the findings of the
court or the probation officer, or his or her authorized
representative.
(2) At the hearing, if the court determines that the defendant has
the ability to pay all or part of the costs, the court shall set the
amount to be reimbursed and order the defendant to pay that sum to
the county in the manner in which the court believes reasonable and
compatible with the defendant's financial ability.
(3) At the hearing, in making a determination of whether a
defendant has the ability to pay, the court shall take into account
the amount of any fine imposed upon the defendant and any amount the
defendant has been ordered to pay in restitution.
(4) When the court determines that the defendant's ability to pay
is different from the determination of the probation officer, the
court shall state on the record the reason for its order.
(c) The court may hold additional hearings during the probationary
or conditional sentence period to review the defendant's financial
ability to pay the amount, and in the manner, as set by the probation
officer, or his or her authorized representative, or as set by the
court pursuant to this section.
(d) If practicable, the court shall order or the probation officer
shall set payments pursuant to subdivisions (a) and (b) to be made
on a monthly basis. Execution may be issued on the order issued
pursuant to this section in the same manner as a judgment in a civil
action. The order to pay all or part of the costs shall not be
enforced by contempt.
(e) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the preplea or
presentence report, processing a jurisdictional transfer pursuant to
Section 1203.9, processing requests for interstate compact
supervision pursuant to Sections 11175 to 11179, inclusive, and
probation supervision or conditional sentence, and shall include, but
shall not be limited to, the defendant's:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
(4) Any other factor or factors that may bear upon the defendant's
financial capability to reimburse the county for the costs.
(f) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the probation officer for a
review of the defendant's financial ability to pay or the rendering
court to modify or vacate its previous judgment on the grounds of a
change of circumstances with regard to the defendant's ability to pay
the judgment. The probation officer and the court shall advise the
defendant of this right at the time of rendering of the terms of
probation or the judgment.
(g) All sums paid by a defendant pursuant to this section shall be
allocated for the operating expenses of the county probation
department.
(h) The board of supervisors in any county, by resolution, may
establish a fee for the processing of payments made in installments
to the probation department pursuant to this section, not to exceed
the administrative and clerical costs of the collection of those
installment payments as determined by the board of supervisors,
except that the fee shall not exceed fifty dollars ($50).
(i) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors.
SEC. 602. Section 1203.1c of the Penal Code is amended to read:
1203.1c. (a) In any case in which a defendant is convicted of an
offense and is ordered to serve a period of confinement in a county
jail, city jail, or other local detention facility as a term of
probation or a conditional sentence, the court may, after a hearing,
make a determination of the ability of the defendant to pay all or a
portion of the reasonable costs of such incarceration, including
incarceration pending disposition of the case. The reasonable cost
of such incarceration shall not exceed the amount determined by the
board of supervisors, with respect to the county jail, and by the
city council, with respect to the city jail, to be the actual average
cost thereof on a per-day basis. The court may, in its discretion,
hold additional hearings during the probationary period. The court
may, in its discretion before such hearing, order the defendant to
file a statement setting forth his or her assets, liability and
income, under penalty of perjury, and may order the defendant to
appear before a county officer designated by the board of supervisors
to make an inquiry into the ability of the defendant to pay all or a
portion of such costs. At the hearing, the defendant shall be
entitled to have the opportunity to be heard in person or to be
represented by counsel, to present witnesses and other evidence, and
to confront and cross-examine adverse witnesses. A defendant
represented by counsel appointed by the court in the criminal
proceedings shall be entitled to such representation at any hearing
held pursuant to this section. If the court determines that the
defendant has the ability to pay all or a part of the costs, the
court may set the amount to be reimbursed and order the defendant to
pay that sum to the county, or to the city with respect to
incarceration in the city jail, in the manner in which the court
believes reasonable and compatible with the defendant's financial
ability. Execution may be issued on the order in the same manner as
on a judgment in a civil action. The order to pay all or part of the
costs shall not be enforced by contempt.
If practicable, the court shall order payments to be made on a
monthly basis and the payments shall be made payable to the county
officer designated by the board of supervisors, or to a city officer
designated by the city council with respect to incarceration in the
city jail.
A payment schedule for reimbursement of the costs of incarceration
pursuant to this section based upon income shall be developed by the
county officer designated by the board of supervisors, or by the
city council with respect to incarceration in the city jail, and
approved by the presiding judges of the municipal and
superior courts judge of the superior court in
the county.
(b) "Ability to pay" means the overall capability of the defendant
to reimburse the costs, or a portion of the costs, of incarceration
and includes, but is not limited to, the defendant's:
(1) Present financial obligations, including family support
obligations, and fines, penalties and other obligations to the court.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonable
discernible future position.
(3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
(4) Any other factor or factors which may bear upon the defendant'
s financial ability to reimburse the county or city for the costs.
(c) All sums paid by a defendant pursuant to this section shall be
deposited in the general fund of the county or city.
(d) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors, and shall
be operative in a city upon the adoption of an ordinance to that
effect by the city council. Such ordinance shall include a
designation of the officer responsible for collection of moneys
ordered pursuant to this section and shall include a determination,
to be reviewed annually, of the average per-day costs of
incarceration in the county jail, city jail, or other local detention
facility.
SEC. 603. Section 1203.6 of the Penal Code is amended to read:
1203.6. The adult probation officer shall be appointed and may be
removed for good cause by the judge of the superior court
or, in a county with two superior court judges, by the
presiding judge who is senior in point of service
. In the case of a superior court of more than two judges,
a majority of the judges shall make the appointment, and may effect
removal.
The salary of the probation officer shall be established by the
board of supervisors.
The adult probation officer shall appoint and may remove all
assistants, deputies and other persons employed in his
the officer's department, and their compensation
shall be established, according to the merit system or civil service
system provisions of the county. If no merit system or civil
service system exists in the county, the board of supervisors shall
provide for appointment, removal, and compensation of such personnel.
This section is applicable in a charter county whose charter
establishes the office of adult probation officer and provides that
such the officer shall be appointed in
accordance with general law subject to the merit system provisions of
the charter.
SEC. 604. Section 1203.7 of the Penal Code is amended to read:
1203.7. Either at the time of the arrest for a crime of any
person over 16 years of age, or at the time of the plea or verdict of
guilty, the probation officer of the county of the jurisdiction of
the crime shall, when so directed by the court, inquire into the
antecedents, character, history, family environment and offense of
that person, and must report the same to the court and file a report
in writing in the records of the court. The report shall contain his
or her recommendation for or against the release of the person on
probation. If that person is released on probation and committed to
the care of the probation officer, the officer shall keep a complete
and accurate record in suitable books of the history of the case in
court and of the name of the probation officer, and his or her acts
in connection with the case; also the age, sex, nativity, residence,
education, habits of temperance, whether married or single, and the
conduct, employment and occupation and the parents' occupation and
the condition of the person committed to his or her care during the
term of probation, and the result of probation, which record shall be
and constitute a part of the records of the court and shall at all
times be open to the inspection of the court or any person appointed
by the court for that purpose, as well as of all magistrates and the
chief of police or other head of the police, unless otherwise ordered
by the court. Those books of record shall be furnished by the
county clerk probation department , and
shall be paid for out of the county treasury.
Five years after termination of probation in any case subject to
this section, the probation officer may destroy any records and
papers in his or her possession relating to the case.
The probation officer shall furnish to each person released on
probation and committed to his or her care, a written statement of
the terms and conditions of probation, and shall report to the court
or judge appointing him or her, any violation or breach of the terms
and conditions imposed by the court on the person placed in his or
her care.
SEC. 605. Section 1214 of the Penal Code is amended to read:
1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4 or Section 1203.04 as
operative on or before August 2, 1995, or Section 13967 of the
Government Code, as operative on or before September 28, 1994, with
or without imprisonment, the judgment may be enforced in the manner
provided for the enforcement of money judgments generally. Any
portion of a restitution fine that remains unsatisfied after a
defendant is no longer on probation or parole is enforceable by the
State Board of Control pursuant to this section. Notwithstanding any
other provision of law prohibiting disclosure, the state, as defined
in Section 900.6 of the Government Code, a local public entity, as
defined in Section 900.4 of the Government Code, or any other entity,
may provide the State Board of Control any and all information to
assist in the collection of unpaid portions of a restitution fine for
terminated probation or parole cases. For purposes of the preceding
sentence, "state, as defined in Section 900.6 of the Government
Code," and "any other entity" shall not include the Franchise Tax
Board.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order and a copy of the defendant's disclosure
pursuant to paragraph (4) of subdivision (f) of Section 1202.4,
affidavit or information pursuant to paragraph (5) of subdivision (f)
of Section 1202.4, or report pursuant to paragraph (7) of
subdivision (f) of Section 1202.4.
The court also shall provide this information to the district
attorney upon request in connection with an investigation or
prosecution involving perjury or the veracity of the information
contained within the defendant's financial disclosure. In addition,
upon request, the court shall provide the State Board of Control with
a certified copy of any order imposing a restitution fine or order
and a copy of the defendant's disclosure pursuant to paragraph (4) of
subdivision (f) of Section 1202.4, affidavit or information pursuant
to paragraph (5) of subdivision (f) of Section 1202.4, or report
pursuant to paragraph (7) of subdivision (f) of Section 1202.4. A
victim shall have access to all resources available under the law to
enforce the restitution order, including, but not limited to, access
to the defendant's financial records, use of wage garnishment and
lien procedures, information regarding the defendant's assets, and
the ability to apply for restitution from any fund established for
the purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the State Board of Control shall inform
the court whenever an order to pay restitution is satisfied.
(c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 by a municipal court, or by the
superior court acting pursuant to subdivision (d) of Section 1462,
in any of the following cases may be enforced in
the same manner as a money judgment in a limited civil case :
(1) In a misdemeanor case.
(2) In a case involving violation of a city or town ordinance.
(3) In a noncapital criminal case where the court has received a
plea of guilty or nolo contendre .
(d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a
judgment for any fine or restitution ordered pursuant to Section
1202.4 or Section 1203.04 as operative on or before August 2, 1995,
or Section 13967 of the Government Code, as operative on or before
September 28, 1994.
(e) (1) This section shall become operative on January 1, 2000,
and shall be applicable to all courts, except when all of the
following apply:
(A) A majority of judges of a court apply to the Judicial Council
for an extension.
(B) The judicial application described in paragraph (1) documents
the need for time to adjust restitution procedures and practices, as
well as to facilitate judicial education and training in direct
restitution to victims under subdivision (f) of Section 1202.4.
(C) The Judicial Council grants the extension upon finding good
cause.
(2) Upon the grant of an extension pursuant to the application of
a court under this subdivision, the provisions of former Section
1202.4 shall continue to apply with respect to that court. The
extension may be for any period of time set by the Judicial Council,
but shall not exceed January 1, 2002, in any case.
SEC. 606. Section 1237.5 of the Penal Code is amended to read:
1237.5. No appeal shall be taken by the defendant from a judgment
of conviction upon a plea of guilty or nolo contendere, or a
revocation of probation following an admission of violation, except
where both of the following are met:
(a) The defendant has filed with the trial court a written
statement, executed under oath or penalty of perjury showing
reasonable constitutional, jurisdictional, or other grounds going to
the legality of the proceedings.
(b) The trial court has executed and filed a certificate of
probable cause for such appeal with the county
clerk of the court .
This section shall become operative on January 1, 1992.
SEC. 607. Section 1240.1 of the Penal Code is amended to read:
1240.1. (a) In any noncapital criminal, juvenile court, or civil
commitment case wherein the defendant would be entitled to the
appointment of counsel on appeal if indigent, it shall be the duty of
the attorney who represented the person at trial to provide counsel
and advice as to whether arguably meritorious grounds exist for
reversal or modification of the judgment on appeal. The attorney
shall admonish the defendant that he or she is not able to provide
advice concerning his or her own competency, and that the State
Public Defender or other counsel should be consulted for advice as to
whether an issue regarding the competency of counsel should be
raised on appeal. The trial court may require trial counsel to
certify that he or she has counseled the defendant as to whether
arguably meritorious grounds for appeal exist at the time a notice of
appeal is filed. Nothing in this section shall be construed to
prevent any person having a right to appeal from doing so.
(b) It shall be the duty of every attorney representing an
indigent defendant in any criminal, juvenile court, or civil
commitment case to execute and file on his or her client's behalf a
timely notice of appeal when the attorney is of the opinion that
arguably meritorious grounds exist for a reversal or modification of
the judgment or orders to be appealed from, and where, in the
attorney's judgment, it is in the defendant's interest to pursue any
relief that may be available to him or her on appeal; or when
directed to do so by a defendant having a right to appeal.
With the notice of appeal the attorney shall file a brief
statement of the points to be raised on appeal and a designation of
any document, paper, pleading, or transcript of oral proceedings
necessary to properly present those points on appeal when the
document, paper, pleading or transcript of oral proceedings would not
be included in the normal record on appeal according to the
applicable provisions of the California Rules of Court. The
executing of the notice of appeal by the defendant's attorney shall
not constitute an undertaking to represent the defendant on appeal
unless the undertaking is expressly stated in the notice of appeal.
If the defendant was represented by appointed counsel on the trial
level, or if it appears that the defendant will request the
appointment of counsel on appeal by reason of indigency, the trial
attorney shall also assist the defendant in preparing and submitting
a motion for the appointment of counsel and any supporting
declaration or affidavit as to the defendant's financial condition.
These documents shall be filed with the trial court at the time of
filing a notice of appeal, and shall be transmitted by the clerk of
the trial court to the clerk of the appellate court within three
judicial days of their receipt. The appellate court shall act upon
that motion without unnecessary delay. An attorney's failure to file
a motion for the appointment of counsel with the notice of appeal
shall not foreclose the defendant from filing a motion at any time it
becomes known to him or her that the attorney has failed to do so,
or at any time he or she shall become indigent if he or she was not
previously indigent.
(c) The State Public Defender shall, at the request of any
attorney representing a prospective indigent appellant or at the
request of the prospective indigent appellant himself or herself,
provide counsel and advice to the prospective indigent appellant or
attorney as to whether arguably meritorious grounds exist on which
the judgment or order to be appealed from would be reversed or
modified on appeal.
(d) The failure of a trial attorney to perform any duty prescribed
in this section, assign any particular point or error in the notice
of appeal, or designate any particular thing for inclusion in the
record on appeal shall not foreclose any defendant from filing a
notice of appeal on his or her own behalf or from raising any point
or argument on appeal; nor shall it foreclose the defendant or his or
her counsel on appeal from requesting the augmentation or correction
of the record on appeal in the reviewing court.
(e) (1) In order to expedite certification of the entire record on
appeal in all capital cases, the defendant's trial counsel, whether
retained by the defendant or court-appointed, and the prosecutor
shall continue to represent the respective parties. Each counsel's
obligations extend to taking all steps necessary to facilitate the
preparation and timely certification of the record of both
municipal and superior all trial court
proceedings.
(2) The duties imposed on trial counsel in paragraph (1) shall not
foreclose the defendant's appellate counsel from requesting
additions or corrections to the record on appeal in either the trial
court or the Supreme Court in a manner provided by rules of court
adopted by the Judicial Council.
SEC. 608. Section 1269b of the Penal Code is amended to read:
1269b. (a) The officer in charge of a jail where an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or is employed
at a fixed police or sheriff's facility and is acting under an
agreement with the agency that keeps the jail wherein an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by the department to
collect bail, the clerk of the municipal
superior court of the judicial district
county in which the offense was alleged to have been
committed, and the clerk of the superior court in which the case
against the defendant is pending may approve and accept bail in the
amount fixed by the warrant of arrest, schedule of bail, or order
admitting to bail in cash or surety bond executed by a certified,
admitted surety insurer as provided in the Insurance Code, to issue
and sign an order for the release of the arrested person, and to set
a time and place for the appearance of the arrested person before the
appropriate court and give notice thereof.
(b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance; if that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
uniform countywide schedule of bail for the county in which the
defendant is required to appear, previously fixed and approved as
provided in subdivisions (c) and (d).
(c) It is the duty of the superior and municipal
court judges in each county to prepare, adopt, and annually
revise, by a majority vote, at a meeting called by the presiding
judge of the superior court of the county , a
uniform countywide schedule of bail for all bailable felony offenses.
In adopting a uniform countywide schedule of bail for all bailable
offenses the judges shall consider the seriousness of the offense
charged. In considering the seriousness of the offense charged the
judges shall assign an additional amount of required bail for each
aggravating or enhancing factor chargeable in the complaint,
including, but not limited to, additional bail for charges alleging
facts that would bring a person within any of the following sections:
Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022,
12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.6,
12022.7, 12022.8, or 12022.9, or Section 11356.5, 11370.2, or 11370.4
of the Health and Safety Code.
In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge shall assign an additional amount
of required bail for offenses involving large quantities of
controlled substances.
(d) The municipal court judges in each county, at a
meeting called by the presiding judge of the municipal court at each
county seat, or the superior court judges in each county
in which there is no municipal court , at a
meeting called by the presiding judge of the superior court
, shall prepare, adopt, and annually revise, by a majority
vote, a uniform, countywide schedule of bail for all misdemeanor and
infraction offenses except Vehicle Code infractions. The penalty
schedule for infraction violations of the Vehicle Code shall be
established by the Judicial Council in accordance with Section 40310
of the Vehicle Code.
(e) Each countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable thereto as the judges
determine to be appropriate. If the schedules do not list all
offenses specifically, they shall contain a general clause for
designated amounts of bail as the judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedules. A copy of the countywide bail schedule shall be sent to
the officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior and
municipal court judge and commissioner in the county, and
to the Judicial Council.
(f) Upon posting bail, the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.
All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the clerk of the court.
(g) If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.
SEC. 609. Section 1281a of the Penal Code is amended to read:
1281a. A judge of any municipal the
superior court within the county, wherein a cause is pending
against any person charged with a felony, may justify and approve
bail in the said cause, and may execute an order for the release of
the defendant which shall authorize the discharge of the defendant by
any officer having said defendant in custody.
SEC. 610. Section 1428 of the Penal Code is amended to read:
1428. A docket must be kept by the clerk of each
municipal court having jurisdiction of criminal actions or
proceedings, in which must be entered In misdemeanor
and infraction cases, the clerk of the superior court may keep a
docket, instead of minutes pursuant to Section 69844 of the
Government Code and a register of actions pursuant to Section 69845
or 69845.5 of the Government Code. In the docket, the clerk shall
enter the title of each criminal action or proceeding and under
each title all the orders and proceedings in such action or
proceeding. Wherever by any other section of this code made
applicable to such courts court an entry
of any judgment, order or other proceeding in the minutes or
register of actions is required, an entry thereof in the docket
shall be made and shall be deemed a sufficient entry in the minutes
or register of actions for all purposes.
SEC. 611. Section 1429.5 of the Penal Code is repealed.
1429.5. When a defendant pleads not guilty by reason of insanity
to a misdemeanor charge in a municipal court, and also joins with it
another plea or pleas, the defendant shall first be tried as if the
defendant had entered such other plea or pleas only, and in such
trial the defendant shall be conclusively presumed to have been sane
at the time the offense is alleged to have been committed. If the
defendant shall be found guilty, or if the defendant pleads only not
guilty by reason of insanity, then the defendant shall be certified
to the superior court of the county for prompt trial to determine the
question whether the defendant was sane or insane at the time the
offense was committed. The superior court shall proceed as provided
in Sections 1026 and 1027. If the verdict or finding be that the
defendant was sane at the time the offense was committed the superior
court shall remand the defendant to the court from which the
defendant was certified which court shall sentence the defendant as
provided by law. If the verdict or finding be that the defendant was
insane at the time the offense was committed the superior court
shall proceed as provided in Section 1026.
SEC. 612. Section 1462 of the Penal Code is repealed.
1462. (a) Each municipal court shall have jurisdiction in all
criminal cases amounting to misdemeanor, where the offense charged
was committed within the county in which the municipal court is
established. Each municipal court shall have exclusive jurisdiction
in all cases involving the violation of ordinances of cities or towns
situated within the district in which the court is established.
(b) Each municipal court shall have jurisdiction in all noncapital
criminal cases to receive a plea of guilty or nolo contendere,
appoint a time for pronouncing judgment under Section 859a, pronounce
judgment, and refer the case to the probation officer if eligible
for probation.
(c) The superior courts shall have jurisdiction in all misdemeanor
criminal cases to receive a plea of guilty or nolo contendere,
appoint a time for pronouncing judgment, and pronounce judgment.
(d) The superior court in a county in which there is no municipal
court has the jurisdiction provided in subdivisions (a) and (b).
SEC. 613. Section 1462.2 of the Penal Code is amended to read:
1462.2. Except as otherwise provided in the Vehicle Code, the
proper court for the trial of criminal cases amounting to misdemeanor
shall be determined as follows: Any municipal court,
having jurisdiction of the subject matter of the case, established
the superior court in the county within which
the offense charged was committed , or the superior court in
a county in which there is no municipal court, is the proper court
for the trial of the case .
If an action or proceeding is commenced in a court having
jurisdiction of the subject matter thereof other than the
court herein designated as the proper court for the trial, the action
may, notwithstanding, be tried in the court where commenced, unless
the defendant, at the time of pleading, requests an order
transferring the action or proceeding to the proper court. If after
such request it appears that the action or proceeding was not
commenced in the proper court, the court shall order the action or
proceeding transferred to the proper court. The judge must, at the
time of arraignment, inform the defendant of the right to be tried in
the county wherein the offense was committed.
SEC. 614. Section 1463 of the Penal Code is amended to read:
1463. All fines and forfeitures imposed and collected for crimes
shall be distributed in accordance with Section 1463.001.
The following definitions shall apply to terms used in this
chapter:
(a) "Arrest" means any law enforcement action, including issuance
of a notice to appear or notice of violation, which results in a
criminal charge.
(b) "City" includes any city, city and county, district, including
any enterprise special district, community service district, or
community service area engaged in police protection activities as
reported to the Controller for inclusion in the 1989-90 edition of
the Financial Transactions Report Concerning Special Districts under
the heading of Police Protection and Public Safety, authority, or
other local agency (other than a county) which employs persons
authorized to make arrests or to issue notices to appear or notices
of violation which may be filed in court.
(c) "City arrest" means an arrest by an employee of a city, or by
a California Highway Patrol officer within the limits of a city.
(d) "County" means the county in which the arrest took place.
(e) "County arrest" means an arrest by a California Highway Patrol
officer outside the limits of a city, or any arrest by a county
officer or by any other state officer.
(f) "Court" means the superior or municipal
court or a juvenile forum established under Section 257 of the
Welfare and Institutions Code, in which the case arising from the
arrest is filed.
(g) "Division of moneys" means an allocation of base fine proceeds
between agencies as required by statute including, but not limited
to, Sections 1463.003, 1463.9, 1463.23, 1463.26, and Sections 13001,
13002, and 13003 of the Fish and Game Code, and Section 11502 of the
Health and Safety Code.
(h) "Offense" means any infraction, misdemeanor, or felony, and
any act by a juvenile leading to an order to pay a financial sanction
by reason of the act being defined as an infraction, misdemeanor, or
felony, whether defined in this or any other code, except any
parking offense as defined in subdivision (i).
(i) "Parking offense" means any offense charged pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
of the Vehicle Code, including registration and equipment offenses
included on a notice of parking violation.
(j) "Penalty allocation" means the deposit of a specified part of
moneys to offset designated processing costs, as provided by Section
1463.16 and by Section 68090.8 of the Government Code.
(k) "Total parking penalty" means the total sum to be collected
for a parking offense, whether as fine, forfeiture of bail, or
payment of penalty to the Department of Motor Vehicles. It may
include the following components:
(1) The base parking penalty as established pursuant to Section
40203.5 of the Vehicle Code.
(2) The Department of Motor Vehicles (DMV) fees added upon the
placement of a hold pursuant to Section 40220 of the Vehicle Code.
(3) The surcharges required by Section 76000 of the Government
Code.
(4) The notice penalty added to the base parking penalty when a
notice of delinquent parking violations is given.
(l) "Total fine or forfeiture" means the total sum to be collected
upon a conviction, or the total amount of bail forfeited or
deposited as cash bail subject to forfeiture. It may include, but is
not limited to, the following components as specified for the
particular offense:
(1) The "base fine" upon which the state penalty and additional
county penalty is calculated.
(2) The "county penalty" required by Section 76000 of the
Government Code.
(3) The "service charge" permitted by Section 853.7 of the Penal
Code and Section 40508.5 of the Vehicle Code.
(4) The "special penalty" dedicated for blood alcohol analysis,
alcohol program services, traumatic brain injury research, and
similar purposes.
(5) The "state penalty" required by Section 1464.
SEC. 615. Section 1463.22 of the Penal Code is amended to read:
1463.22. (a) Notwithstanding Section 1463, of the moneys
deposited with the county treasurer pursuant to Section 1463,
seventeen dollars and fifty cents ($17.50) for each conviction of a
violation of Section 16028 of the Vehicle Code shall be deposited by
the county treasurer in a special account and allocated to defray
costs of municipal and superior courts incurred in
administering Sections 16028, 16030, and 16031 of the Vehicle Code.
Any moneys in the special account in excess of the amount required
to defray those costs shall be redeposited and distributed by the
county treasurer pursuant to Section 1463.
(b) Notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, three dollars ($3) for
each conviction for a violation of Section 16028 of the Vehicle Code
shall be initially deposited by the county treasurer in a special
account, and shall be transmitted once per month to the Controller
for deposit in the Motor Vehicle Account in the State Transportation
Fund. These moneys shall be available, when appropriated, to defray
the administrative costs incurred by the Department of Motor Vehicles
pursuant to Sections 16031, 16032, 16034, and 16035 of the Vehicle
Code. It is the intent of this subdivision to provide sufficient
revenues to pay for all of the department's costs in administering
those sections of the Vehicle Code.
(c) Notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, ten dollars ($10) upon
the conviction of, or upon the forfeiture of bail from, any person
arrested or notified for a violation of Section 16028 of the Vehicle
Code shall be deposited by the county treasurer in a special account
and shall be transmitted monthly to the Controller for deposit in the
General Fund.
SEC. 616. Section 1524.1 of the Penal Code is amended to read:
1524.1. (a) The primary purpose of the testing and disclosure
provided in this section is to benefit the victim of a crime by
informing the victim whether the defendant is infected with the HIV
virus. It is also the intent of the Legislature in enacting this
section to protect the health of both victims of crime and those
accused of committing a crime. Nothing in this section shall be
construed to authorize mandatory testing or disclosure of test
results for the purpose of a charging decision by a prosecutor, nor,
except as specified in subdivisions (g) and (i), shall this section
be construed to authorize breach of the confidentiality provisions
contained in Chapter 7 (commencing with Section 120975) of Part 4 of
Division 105 of the Health and Safety Code.
(b) (1) Notwithstanding the provisions of Chapter 7 (commencing
with Section 120975) of Part 4 of Division 105 of the Health and
Safety Code, when a defendant has been charged by complaint,
information, or indictment with a crime, or a minor is the subject of
a petition filed in juvenile court alleging the commission of a
crime, the court, at the request of the victim, may issue a search
warrant for the purpose of testing the accused's blood with any HIV
test, as defined in Section
120775 of the Health and Safety Code only under the following
circumstances: when the court finds, upon the conclusion of the
hearing described in paragraph (3), or in those cases in which a
preliminary hearing is not required to be held, the court also finds
that there is probable cause to believe that the accused committed
the offense, and that there is probable cause to believe that blood,
semen, or any other body fluid identified by the State Department of
Health Services in appropriate regulations as capable of transmitting
the human immunodeficiency virus has been transferred from the
accused to the victim.
(2) Notwithstanding Chapter 7 (commencing with Section 120975) of
Part 4 of Division 105 of the Health and Safety Code, when a
defendant has been charged by complaint, information, or indictment
with a crime under Section 220, 261, 261.5, 262, 264.1, 286, 288,
288a, 288.5, 289, or 289.5, and is the subject of a police report
alleging the commission of a separate, uncharged offense that could
be charged under Section 220, 261, 261.5, 262, 264.1, 286, 288, 288a,
288.5, 289, or 289.5, or a minor is the subject of a petition filed
in juvenile court alleging the commission of a crime under Section
220, 261, 261.5, 262, 264.1, 286, 288, 288a, 288.5, 289, or 289.5,
and is the subject of a police report alleging the commission of a
separate, uncharged offense that could be charged under Section 220,
261, 261.5, 262, 264.1, 286, 288, 288a, 288.5, 289, or 289.5, the
court, at the request of the victim of the uncharged offense, may
issue a search warrant for the purpose of testing the accused's blood
with any HIV test, as defined in Section 120775 of the Health and
Safety Code only under the following circumstances: when the court
finds that there is probable cause to believe that the accused
committed the uncharged offense, and that there is probable cause to
believe that blood, semen, or any other body fluid identified by the
State Department of Health Services in appropriate regulations as
capable of transmitting the human immunodeficiency virus has been
transferred from the accused to the victim.
(3) (A) Prior to the issuance of a search warrant pursuant to
paragraph (1), the court, where applicable and at the conclusion of
the preliminary examination if the defendant is ordered to answer
pursuant to Section 872, shall conduct a hearing at which both the
victim and the defendant have the right to be present. During the
hearing, only affidavits, counter affidavits, and medical reports
regarding the facts that support or rebut the issuance of a search
warrant under paragraph (1) shall be admissible.
(B) Prior to the issuance of a search warrant pursuant to
paragraph (2), the court, where applicable, shall conduct a hearing
at which both the victim and the defendant are present. During the
hearing, only affidavits, counter affidavits, and medical reports
regarding the facts that support or rebut the issuance of a search
warrant under paragraph (2) shall be admissible.
(4) A request for a probable cause hearing made by a victim under
paragraph (2) shall be made before sentencing in the
municipal or superior court, or before disposition on a
petition in a juvenile court, of the criminal charge or charges filed
against the defendant.
(c) (1) In all cases in which the person has been charged by
complaint, information, or indictment with a crime, or is the subject
of a petition filed in a juvenile court alleging the commission of a
crime, the prosecutor shall advise the victim of his or her right to
make this request. To assist the victim of the crime to determine
whether he or she should make this request, the prosecutor shall
refer the victim to the local health officer for prerequest
counseling to help that person understand the extent to which the
particular circumstances of the crime may or may not have put the
victim at risk of transmission of HIV from the accused, to ensure
that the victim understands both the benefits and limitations of the
current tests for HIV, to help the victim decide whether he or she
wants to request that the accused be tested, and to help the victim
decide whether he or she wants to be tested.
(2) The Department of Justice, in cooperation with the California
District Attorneys Association, shall prepare a form to be used in
providing victims with the notice required by paragraph (1).
(d) If the victim decides to request HIV testing of the accused,
the victim shall request the issuance of a search warrant, as
described in subdivision (b).
Neither the failure of a prosecutor to refer or advise the victim
as provided in this subdivision, nor the failure or refusal by the
victim to seek or obtain counseling, shall be considered by the court
in ruling on the victim's request.
(e) The local health officer shall make provision for
administering all HIV tests ordered pursuant to subdivision (b).
(f) Any blood tested pursuant to subdivision (b) shall be
subjected to appropriate confirmatory tests to ensure accuracy of the
first test results, and under no circumstances shall test results be
transmitted to the victim or the accused unless any initially
reactive test result has been confirmed by appropriate confirmatory
tests for positive reactors.
(g) The local health officer shall have the responsibility for
disclosing test results to the victim who requested the test and to
the accused who was tested. However, no positive test results shall
be disclosed to the victim or to the accused without also providing
or offering professional counseling appropriate to the circumstances.
(h) The local health officer and victim shall comply with all laws
and policies relating to medical confidentiality subject to the
disclosure authorized by subdivisions (g) and (i). Any individual
who files a false report of sexual assault in order to obtain test
result information pursuant to this section shall, in addition to any
other liability under law, be guilty of a misdemeanor punishable as
provided in subdivision (c) of Section 120980 of the Health and
Safety Code. Any individual as described in the preceding sentence
who discloses test result information obtained pursuant to this
section shall also be guilty of an additional misdemeanor punishable
as provided for in subdivision (c) of Section 120980 of the Health
and Safety Code for each separate disclosure of that information.
(i) Any victim who receives information from the health officer
pursuant to subdivision (g) may disclose the test results as the
victim deems necessary to protect his or her health and safety or the
health and safety of his or her family or sexual partner.
(j) Any person transmitting test results or disclosing information
pursuant to this section shall be immune from civil liability for
any actions taken in compliance with this section.
(k) The results of any blood tested pursuant to subdivision (b)
shall not be used in any criminal proceeding as evidence of either
guilt or innocence.
SEC. 617. Section 1538.5 of the Penal Code is amended to read:
1538.5. (a) (1) A defendant may move for the return of property
or to suppress as evidence any tangible or intangible thing obtained
as a result of a search or seizure on either of the following
grounds:
(A) The search or seizure without a warrant was unreasonable.
(B) The search or seizure with a warrant was unreasonable because
any of the following apply:
(i) The warrant is insufficient on its face.
(ii) The property or evidence obtained is not that described in
the warrant.
(iii) There was not probable cause for the issuance of the
warrant.
(iv) The method of execution of the warrant violated federal or
state constitutional standards.
(v) There was any other violation of federal or state
constitutional standards.
(2) A motion pursuant to paragraph (1) shall be made in writing
and accompanied by a memorandum of points and authorities and proof
of service. The memorandum shall list the specific items of property
or evidence sought to be returned or suppressed and shall set forth
the factual basis and the legal authorities that demonstrate why the
motion should be granted.
(b) When consistent with the procedures set forth in this section
and subject to the provisions of Section 170 to 170.6, inclusive, of
the Code of Civil Procedure, the motion should first be heard by the
magistrate who issued the search warrant if there is a warrant.
(c) Whenever a search or seizure motion is made in the
municipal or superior court as provided in this section,
the judge or magistrate shall receive evidence on any issue of fact
necessary to determine the motion.
(d) If a search or seizure motion is granted pursuant to the
proceedings authorized by this section, the property or evidence
shall not be admissible against the movant at any trial or other
hearing unless further proceedings authorized by this section,
Section 871.5, 1238, or 1466 are utilized by the people.
(e) If a search or seizure motion is granted at a trial, the
property shall be returned upon order of the court unless it is
otherwise subject to lawful detention. If the motion is granted at a
special hearing, the property shall be returned upon order of the
court only if, after the conclusion of any further proceedings
authorized by this section, Section 1238 or 1466, the property is not
subject to lawful detention or if the time for initiating the
proceedings has expired, whichever occurs last. If the motion is
granted at a preliminary hearing, the property shall be returned upon
order of court after 10 days unless the property is otherwise
subject to lawful detention or unless, within that time, further
proceedings authorized by this section, Section 871.5 or 1238 are
utilized; if they are utilized, the property shall be returned only
if, after the conclusion of the proceedings, the property is no
longer subject to lawful detention.
(f) (1) If the property or evidence relates to a felony offense
initiated by a complaint, the motion shall be made in the
superior court only upon filing of an information, except
that the defendant may make the motion at the preliminary hearing
in the municipal court or in the superior court in a county
in which there is no municipal court , but the motion shall
be restricted to evidence sought to be introduced by the people at
the preliminary hearing.
(2) The motion may be made at the preliminary examination only if
at least five court days before the date set for the preliminary
examination the defendant has filed and personally served on the
people a written motion accompanied by a memorandum of points and
authorities as required by paragraph (2) of subdivision (a). At the
preliminary examination, the magistrate may grant the defendant a
continuance for the purpose of filing the motion and serving the
motion upon the people, at least five court days before resumption of
the examination, upon a showing that the defendant or his or her
attorney of record was not aware of the evidence or was not aware of
the grounds for suppression before the preliminary examination.
(3) Any written response by the people to the motion described in
paragraph (2) shall be filed with the court and personally served on
the defendant or his or her attorney of record at least two court
days prior to the hearing at which the motion is to be made.
(g) If the property or evidence relates to a misdemeanor
complaint, the motion shall be made in the municipal court
or in the superior court in a county in which there is no municipal
court before trial and heard prior to trial at a special
hearing relating to the validity of the search or seizure. If the
property or evidence relates to a misdemeanor filed together with a
felony, the procedure provided for a felony in this section and
Sections 1238 and 1539 shall be applicable.
(h) If, prior to the trial of a felony or misdemeanor, opportunity
for this motion did not exist or the defendant was not aware of the
grounds for the motion, the defendant shall have the right to make
this motion during the course of trial in the municipal or
superior court .
(i) If the property or evidence obtained relates to a felony
offense initiated by complaint and the defendant was held to answer
at the preliminary hearing, or if the property or evidence relates to
a felony offense initiated by indictment, the defendant shall have
the right to renew or make the motion in the superior court
at a special hearing relating to the validity of the search
or seizure which shall be heard prior to trial and at least 10 court
days after notice to the people, unless the people are willing to
waive a portion of this time. Any written response by the people to
the motion shall be filed with the court and personally served on the
defendant or his or her attorney of record at least two court days
prior to the hearing, unless the defendant is willing to waive a
portion of this time. If the offense was initiated by indictment or
if the offense was initiated by complaint and no motion was made at
the preliminary hearing, the defendant shall have the right to fully
litigate the validity of a search or seizure on the basis of the
evidence presented at a special hearing. If the motion was made at
the preliminary hearing, unless otherwise agreed to by all parties,
evidence presented at the special hearing shall be limited to the
transcript of the preliminary hearing and to evidence that could not
reasonably have been presented at the preliminary hearing, except
that the people may recall witnesses who testified at the preliminary
hearing. If the people object to the presentation of evidence at
the special hearing on the grounds that the evidence could reasonably
have been presented at the preliminary hearing, the defendant shall
be entitled to an in camera hearing to determine that issue. The
superior court shall base its ruling on all
evidence presented at the special hearing and on the transcript of
the preliminary hearing, and the findings of the magistrate shall be
binding on the superior court as to evidence or
property not affected by evidence presented at the special hearing.
After the special hearing is held in the superior court
, any review thereafter desired by the defendant prior to
trial shall be by means of an extraordinary writ of mandate or
prohibition filed within 30 days after the denial of his or her
motion at the special hearing.
(j) If the property or evidence relates to a felony offense
initiated by complaint and the defendant's motion for the return of
the property or suppression of the evidence at the preliminary
hearing is granted, and if the defendant is not held to answer at the
preliminary hearing, the people may file a new complaint or seek an
indictment after the preliminary hearing, and the ruling at the prior
hearing shall not be binding in any subsequent proceeding, except as
limited by subdivision (p). In the alternative, the people may move
to reinstate the complaint, or those parts of the complaint for
which the defendant was not held to answer, pursuant to Section
871.5. If the property or evidence relates to a felony offense
initiated by complaint and the defendant's motion for the return or
suppression of the property or evidence at the preliminary hearing is
granted, and if the defendant is held to answer at the preliminary
hearing, the ruling at the preliminary hearing shall be binding upon
the people unless, upon notice to the defendant and the court in
which the preliminary hearing was held and upon the filing of an
information, the people, within 15 days after the preliminary
hearing, request in the superior court a special
hearing, in which case the validity of the search or seizure shall be
relitigated de novo on the basis of the evidence presented at the
special hearing, and the defendant shall be entitled, as a matter of
right, to a continuance of the special hearing for a period of time
up to 30 days. The people may not request relitigation of the motion
at a special hearing if the defendant's motion has been granted
twice. If the defendant's motion is granted at a special hearing
in the superior court , the people, if they have
additional evidence relating to the motion and not presented at the
special hearing, shall have the right to show good cause at the trial
why the evidence was not presented at the special hearing and why
the prior ruling at the special hearing should not be binding, or the
people may seek appellate review as provided in subdivision (o),
unless the court, prior to the time the review is sought, has
dismissed the case pursuant to Section 1385. If the case has been
dismissed pursuant to Section 1385, or if the people dismiss the case
on their own motion after the special hearing, the people may file a
new complaint or seek an indictment after the special hearing, and
the ruling at the special hearing shall not be binding in any
subsequent proceeding, except as limited by subdivision (p). If the
property or evidence seized relates solely to a misdemeanor
complaint, and the defendant made a motion for the return of property
or the suppression of evidence in the municipal court or
superior court in a county in which there is no
municipal court prior to trial, both the people and
defendant shall have the right to appeal any decision of that court
relating to that motion to the superior court of the county
in which the municipal or superior court is located
appellate division , in accordance with the California Rules of
Court provisions governing appeals to the appellate division in
criminal cases. If the people prosecute review by appeal or writ to
decision, or any review thereof, in a felony or misdemeanor case, it
shall be binding upon them.
(k) If the defendant's motion to return property or suppress
evidence is granted and the case is dismissed pursuant to Section
1385, or the people appeal in a misdemeanor case pursuant to
subdivision (j), the defendant shall be released pursuant to Section
1318 if he or she is in custody and not returned to custody unless
the proceedings are resumed in the trial court and he or she is
lawfully ordered by the court to be returned to custody.
If the defendant's motion to return property or suppress evidence
is granted and the people file a petition for writ of mandate or
prohibition pursuant to subdivision (o) or a notice of intention to
file such a petition, the defendant shall be released pursuant to
Section 1318, unless (1) he or she is charged with a capital offense
in a case where the proof is evident and the presumption great, or
(2) he or she is charged with a noncapital offense defined in Chapter
1 (commencing with Section 187) of Title 8 of Part 1, and the court
orders that the defendant be discharged from actual custody upon
bail.
(l) If the defendant's motion to return property or suppress
evidence is granted, the trial of a criminal case shall be stayed to
a specified date pending the termination in the appellate courts of
this state of the proceedings provided for in this section, Section
871.5, 1238, or 1466 and, except upon stipulation of the parties,
pending the time for the initiation of these proceedings. Upon the
termination of these proceedings, the defendant shall be brought to
trial as provided by Section 1382, and, subject to the provisions of
Section 1382, whenever the people have sought and been denied
appellate review pursuant to subdivision (o), the defendant shall be
entitled to have the action dismissed if he or she is not brought to
trial within 30 days of the date of the order that is the last denial
of the petition. Nothing contained in this subdivision shall
prohibit a court, at the same time as it rules upon the search and
seizure motion, from dismissing a case pursuant to Section 1385 when
the dismissal is upon the court's own motion and is based upon an
order at the special hearing granting the defendant's motion to
return property or suppress evidence. In a misdemeanor case, the
defendant shall be entitled to a continuance of up to 30 days if he
or she intends to file a motion to return property or suppress
evidence and needs this time to prepare for the special hearing on
the motion. In case of an appeal by the defendant in a misdemeanor
case from the denial of the motion, he or she shall be entitled to
bail as a matter of right, and, in the discretion of the trial or
appellate court, may be released on his or her own recognizance
pursuant to Section 1318.
(m) The proceedings provided for in this section, and Sections
871.5, 995, 1238, and 1466 shall constitute the sole and exclusive
remedies prior to conviction to test the unreasonableness of a search
or seizure where the person making the motion for the return of
property or the suppression of evidence is a defendant in a criminal
case and the property or thing has been offered or will be offered as
evidence against him or her. A defendant may seek further review of
the validity of a search or seizure on appeal from a conviction in a
criminal case notwithstanding the fact that the judgment of
conviction is predicated upon a plea of guilty. Review on appeal may
be obtained by the defendant provided that at some stage of the
proceedings prior to conviction he or she has moved for the return of
property or the suppression of the evidence.
(n) This section establishes only the procedure for suppression of
evidence and return of property, and does not establish or alter any
substantive ground for suppression of evidence or return of
property. Nothing contained in this section shall prohibit a person
from making a motion, otherwise permitted by law, to return property,
brought on the ground that the property obtained is protected by the
free speech and press provisions of the United States and California
Constitutions. Nothing in this section shall be construed as
altering (1) the law of standing to raise the issue of an
unreasonable search or seizure; (2) the law relating to the status of
the person conducting the search or seizure; (3) the law relating to
the burden of proof regarding the search or seizure; (4) the law
relating to the reasonableness of a search or seizure regardless of
any warrant that may have been utilized; or (5) the procedure and law
relating to a motion made pursuant to Section 871.5 or 995, or the
procedures that may be initiated after the granting or denial of such
a motion.
(o) Within 30 days after a defendant's motion is granted at a
special hearing in the superior court in a felony
case, the people may file a petition for writ of mandate or
prohibition in the court of appeal, seeking appellate review of the
ruling regarding the search or seizure motion. If the trial of a
criminal case is set for a date that is less than 30 days from the
granting of a defendant's motion at a special hearing in the
superior court in a felony case, the people, if they have
not filed such a petition and wish to preserve their right to file a
petition, shall file in the superior court on or before the trial
date or within 10 days after the special hearing, whichever occurs
last, a notice of intention to file a petition and shall serve a copy
of the notice upon the defendant.
(p) If a defendant's motion to return property or suppress
evidence in a felony matter has been granted twice, the people may
not file a new complaint or seek an indictment in order to relitigate
the motion or relitigate the matter de novo at a special hearing
in the superior court as otherwise provided by
subdivision (j), unless the people discover additional evidence
relating to the motion that was not reasonably discoverable at the
time of the second suppression hearing. Relitigation of the motion
shall be heard by the same judge who granted the motion at the first
hearing if the judge is available.
(q) The amendments to this section enacted in the 1997 portion of
the 1997-98 Regular Session of the Legislature shall apply to all
criminal proceedings conducted on or after January 1, 1998.
SEC. 618. Section 1539 of the Penal Code is amended to read:
1539. (a) If a special hearing be is
held in the superior court a felony
case pursuant to Section 1538.5, or if the grounds on which the
warrant was issued be controverted and a motion to return property
be made (i) by a defendant on grounds not covered by Section 1538.5;
(ii) by a defendant whose property has not been offered or will not
be offered as evidence against him the
defendant ; or (iii) by a person who is not a defendant in a
criminal action at the time the hearing is held, the judge or
magistrate must proceed to take testimony in relation thereto, and
the testimony of each witness must be reduced to writing and
authenticated by a shorthand reporter in the manner prescribed in
Section 869.
(b) The reporter shall forthwith transcribe his
the reporter's shorthand notes pursuant to this section
if any party to a special hearing in the superior court
a felony case files a written request for its
preparation with the clerk of the court in which the hearing was
held. The reporter shall forthwith file in the superior court an
original and as many copies thereof as there are defendants (other
than a fictitious defendant) or persons aggrieved. The reporter shall
be entitled to compensation in accordance with the provisions of
Section 869. In every case in which a transcript is filed as
provided in this section, the county clerk of
the court shall deliver the original of such transcript so
filed with him to the district attorney
immediately upon receipt thereof and shall deliver a copy of such
transcript to each defendant (other than a fictitious defendant) upon
demand by him without cost to him
the defendant .
(c) Upon a motion by a defendant pursuant to this chapter, the
defendant shall be entitled to discover any previous application for
a search warrant in the case which was refused by a magistrate for
lack of probable cause.
SEC. 619. Section 3075 of the Penal Code is amended to read:
3075. (a) There is in each county a board of parole
commissioners, consisting of each of the following:
(1) The sheriff or, in a county with a department of corrections,
the director of that department.
(2) The probation officer.
(3) A member, not a public official, to be selected from the
public by the presiding judge , if any, or, if none, by the
senior judge in point of service, of the superior court.
(b) The public
member of the county board of parole commissioners or his or her
alternate shall be entitled to his or her actual traveling and other
necessary expenses incurred in the discharge of his or her duties.
In addition, the public member or his or her alternate shall be
entitled to per diem at any rate that may be provided by the board of
supervisors. The public member or his or her alternate shall hold
office for a term of one year and in no event for a period exceeding
three consecutive years. The term shall commence on the date of
appointment.
SEC. 620. Section 3076 of the Penal Code is amended to read:
3076. (a) The board may make, establish and enforce rules and
regulations adopted under this article.
(b) The board shall act at regularly called meetings at which
two-thirds of the members are present, and shall make and establish
rules and regulations in writing stating the reasons therefor under
which any prisoner who is confined in or committed to any county
jail, work furlough facility, industrial farm, or industrial road
camp, or in any city jail, work furlough facility, industrial farm,
or industrial road camp under a judgment of imprisonment or as a
condition of probation for any criminal offense, unless the court at
the time of committing has ordered that such prisoner confined as a
condition of probation upon conviction of a felony not be granted
parole, may be allowed to go upon parole outside of such jail, work
furlough facility, industrial farm, or industrial road camp, but to
remain, while on parole, in the legal custody and under the control
of the board establishing the rules and regulations for the prisoner'
s parole, and subject at any time to be taken back within the
enclosure of any such jail, work furlough facility, industrial farm,
or industrial road camp.
(c) The board shall provide a complete copy of its written rules
and regulations and reasons therefor and any amendments thereto to
each of the judges of the county's municipal and superior
courts superior court of the county .
The board shall provide to the persons in charge of the county's
correctional facilities a copy of the sections of its written rules
and regulations and any amendments thereto which govern eligibility
for parole, and the name and telephone number of the person or agency
to contact for additional information. Such rules and regulations
governing eligibility either shall be conspicuously posted and
maintained within each county correctional facility so that all
prisoners have access to a copy, or shall be given to each prisoner.
SEC. 621. Section 3085.1 of the Penal Code is amended to read:
3085.1. The presiding judge , if any, or, if none, the
senior judge in point of service, of the superior court in
Contra Costa County may appoint an alternate for the public member
who shall serve in the absence of the public member.
SEC. 622. Section 3607 of the Penal Code is amended to read:
3607. After the execution, the warden must make a return upon the
death warrant to the county clerk of the court by
which the judgment was rendered, showing the time, mode, and manner
in which it was executed.
SEC. 623. Section 4007 of the Penal Code is amended to read:
4007. When there is no jail in the county, or when the jail
becomes unfit or unsafe for the confinement of prisoners, the judge
of the superior court may, by a written order filed with the
county clerk of the court , designate the jail
of a contiguous county for the confinement of any prisoner of his or
her county, and may at any time modify or vacate the order.
When there are reasonable grounds to believe that a prisoner may
be forcibly removed from a county jail, the sheriff may remove the
prisoner to any California state prison for safekeeping and it is the
duty of the warden of the prison to accept and detain the prisoner
in his or her custody until his or her removal is ordered by the
superior court of the county from which he or she was delivered.
Immediately upon receiving the prisoner the warden shall advise the
Director of Corrections of that fact in writing.
When a county prisoner requires medical treatment necessitating
hospitalization which cannot be provided at the county jail or county
hospital because of lack of adequate detention facilities, and when
the prisoner also presents a serious custodial problem because of his
or her past or present behavior, the judge of the superior court
may, on the request of the county sheriff and with the consent of the
Director of Corrections, designate by written order the nearest
state prison or correctional facility which would be able to provide
the necessary medical treatment and secure confinement of the
prisoner. The written order of the judge shall be filed with the
county clerk of the court . The court
shall immediately calendar the matter for a hearing to determine
whether the order shall continue or be rescinded. The hearing shall
be held within 48 hours of the initial order or the next judicial
day, whichever occurs later. The prisoner shall not be transferred
to the state prison or correctional facility prior to the hearing,
except upon a determination by the physician responsible for the
prisoner's health care that a medical emergency exists which requires
the transfer of the prisoner to the state prison or correctional
facility prior to the hearing. The prisoner shall be entitled to be
present at the hearing and to be represented by counsel. The
prisoner may waive his or her right to this hearing in writing at any
time. If the prisoner waives his or her right to the hearing, the
county sheriff shall notify the prisoner's attorney of the transfer
within 48 hours, or the next business day, whichever is later. The
court may modify or vacate the order at any time.
The rate of compensation for the prisoner's medical treatment and
confinement within a California state prison or correctional facility
shall be established by the Department of Corrections, and shall be
charged against the county making the request.
When there are reasonable grounds to believe that there is a
prisoner in a county jail who is likely to be a threat to other
persons in the facility or who is likely to cause substantial damage
to the facility, the judge of the superior court may, on the request
of the county sheriff and with the consent of the Director of
Corrections, designate by written order the nearest state prison or
correctional facility which would be able to secure confinement of
the prisoner, subject to space available. The written order of the
judge must be filed with the county clerk of
the court . The court shall immediately calendar the matter for
a hearing to determine whether the order shall continue or be
rescinded. The hearing shall be held within 48 hours of the initial
order or the next judicial day, whichever occurs later. The prisoner
shall be entitled to be present at the hearing and to be represented
by counsel. The court may modify or vacate that order at any time.
The rate of compensation for the prisoner's confinement within a
California state prison or correctional facility shall be established
by the Department of Corrections and shall be charged against the
county making the request.
SEC. 624. Section 4008 of the Penal Code is amended to read:
4008. A copy of the appointment, certified by the county
clerk of the court , must be served on the
sheriff or keeper of the jail designated, who must receive into
his the jail all prisoners authorized
to be confined therein, pursuant to the last section
Section 4007 , and who is responsible for the
safekeeping of the persons so committed, in the same manner and to
the same extent as if he the sheriff or
keeper of the jail were sheriff of the county for whose use
his the jail is designated, and with
respect to the persons so committed he the
sheriff or keeper of the jail is deemed the sheriff of the
county from which they were removed.
SEC. 625. Section 4009 of the Penal Code is amended to read:
4009. When a jail is erected in a county for the use of which the
designation was made, or its jail is rendered fit and safe for the
confinement of prisoners, the judge of the superior court of that
county must, by a written revocation, filed with the county
clerk thereof clerk of the court , declare that
the necessity for the designation has ceased, and that it is revoked.
SEC. 626. Section 4010 of the Penal Code is amended to read:
4010. The county clerk of the court
must immediately serve a copy of the revocation upon the sheriff of
the county, who must thereupon remove the prisoners to the jail of
the county from which the removal was had.
SEC. 627. Section 4012 of the Penal Code is amended to read:
4012. When a pestilence or contagious disease breaks out in or
near a jail, and the physician thereof certifies that it is liable to
endanger the health of the prisoners, the county judge may, by a
written appointment, designate a safe and convenient place in the
county, or the jail in a contiguous county, as the place of their
confinement. The appointment must be filed in the office of the
county clerk of the court , and
authorize the sheriff to remove the prisoners to the place or jail
designated, and there confine them until they can be safely returned
to the jail from which they were taken.
SEC. 628. Section 4024.1 of the Penal Code is amended to read:
4024.1. (a) The sheriff, chief of police, or any other person
responsible for a county or city jail may apply to the presiding
judge of the municipal or superior court to
receive general authorization for a period of 30 days to release
inmates pursuant to the provisions of this section.
(b) Whenever, after being authorized by a court pursuant to
subdivision (a), the actual inmate count exceeds the actual bed
capacity of a county or city jail, the sheriff, chief of police, or
other person responsible for such county or city jail may accelerate
the release, discharge, or expiration of sentence date of sentenced
inmates up to a maximum of five days.
(c) The total number of inmates released pursuant to this section
shall not exceed a number necessary to balance the inmate count and
actual bed capacity.
(d) Inmates closest to their normal release, discharge, or
expiration of sentence date shall be given accelerated release
priority.
(e) The number of days that release, discharge, or expiration of
sentence is accelerated shall in no case exceed 10 percent of the
particular inmate's original sentence, prior to the application
thereto of any other credits or benefits authorized by law.
SEC. 629. Section 4112 of the Penal Code is amended to read:
4112. When land has been acquired and such buildings and
structures erected and improvements made as may be immediately
necessary for the carrying out of the purposes of this article or
arrangements have been made for an industrial road camp or camps, the
board of supervisors shall adopt a resolution proclaiming that an
industrial farm or road camp has been established in the county and
designating a day on and after which persons will be admitted to such
farm or camp. Certified copies of the resolution shall be forwarded
by the clerk of the board of supervisors to each municipal
superior court judge in the county or
each superior court judge in a county in which there is no municipal
court .
SEC. 630. Section 4301 of the Penal Code is amended to read:
4301. There shall be 6, 9, or 12 members of the committee.
One-third shall be appointed by the board of supervisors; one-third
by the sheriff, and one-third by the presiding or senior
judge of the superior court. Of the members appointed by
the presiding judge of the superior court
, one shall be a member of the State Bar.
SEC. 631. Section 4303 of the Penal Code is amended to read:
4303. Members of the committee shall serve without compensation,
but shall be allowed their reasonable expenses as approved by the
presiding or senior judge of the superior court.
Such The expenses shall be a charge
upon the county in which the court has jurisdiction, and shall be
paid out of the county treasury upon a written order of the
presiding judge of the superior court directing the county
auditor to draw his a warrant upon the
county treasurer for the specified amount of such expenses. All
orders by the superior court presiding
judge upon the county treasurer shall be filed in duplicate with the
county board of supervisors and sheriff.
SEC. 632. Section 4304 of the Penal Code is amended to read:
4304. The committee shall file a report within 90 days after the
thirty-first day of December of the calendar year for which such
report is made, copies of which shall be filed with the county board
of supervisors, the presiding or senior judge, the
sheriff, the Board of Corrections, and the Attorney General.
SEC. 633. Section 4852.18 of the Penal Code is amended to read:
4852.18. The Board of Prison Terms shall furnish to the
county clerk of the superior court of each
county a set of sample forms for a petition for certificate of
rehabilitation and pardon, a notice of filing of petition for
certificate of rehabilitation and pardon, and a certificate of
rehabilitation. The county clerk of the court
shall have a sufficient number of these forms printed to meet
the needs of the people of his the
county, and he shall make these forms available at
no charge to persons requesting them.
SEC. 634. Section 6031.1 of the Penal Code is amended to read:
6031.1. Inspections of local detention facilities shall be made
biennially. Inspections of privately operated work furlough
facilities and programs shall be made biennially unless the work
furlough administrator requests an earlier inspection. Inspections
shall include, but not be limited to, the following:
(a) Health and safety inspections conducted pursuant to Section
101045 of the Health and Safety Code.
(b) Fire suppression preplanning inspections by the local fire
department.
(c) Security, rehabilitation programs, recreation, treatment of
persons confined in the facilities, and personnel training by the
staff of the Board of Corrections.
Reports of each facility's inspection shall be furnished to the
official in charge of the local detention facility or, in the case of
a privately operated facility, the work furlough administrator, the
local governing body, the grand jury, and the presiding or
sole judge of the superior court in the county where the
facility is located. These reports shall set forth the areas wherein
the facility has complied and has failed to comply with the minimum
standards established pursuant to Section 6030.
SEC. 635. Section 13151 of the Penal Code is amended to read:
13151. The superior or municipal court that
disposes of a case for which an arrest was required to be reported to
the Department of Justice pursuant to Section 13150 or for which
fingerprints were taken and submitted to the Department of Justice by
order of the court shall assure that a disposition report of such
case containing the applicable data elements enumerated in Section
13125, or Section 13151.1 if such disposition is one of dismissal, is
furnished to the Department of Justice within 30 days according to
the procedures and on a format prescribed by the department. The
court shall also furnish a copy of such disposition report to the law
enforcement agency having primary jurisdiction to investigate the
offense alleged in the complaint or accusation. Whenever a court
shall order any action subsequent to the initial disposition of a
case, the court shall similarly report such proceedings to the
department.
SEC. 636. Section 14154 of the Penal Code is amended to read:
14154. In a county in which the district attorney has established
a community conflict resolution program, the municipal
court or the superior court in a county in which
there is no municipal court may, with the consent of the
district attorney and the defendant, refer misdemeanor cases,
including those brought by a city prosecutor, to that program. In
determining whether to refer a case to the community conflict
resolution program, the court shall consider, but is not limited to
considering, all of the following:
(a) The factors listed in Section 14152.
(b) Any other referral criteria established by the district
attorney for the program.
The court shall not refer any case to the community conflict
resolution program which was previously referred to that program by
the district attorney.
SEC. 637. Section 1513 of the Probate Code is amended to read:
1513. (a) Unless waived by the court, a court investigator,
probation officer, or domestic relations investigator may make an
investigation and file with the court a report and recommendation
concerning each proposed guardianship of the person or guardianship
of the estate. Investigations where the proposed guardian is a
relative shall be made by a court investigator. Investigations where
the proposed guardian is a nonrelative shall be made by the county
agency designated to investigate potential dependency. The report
for the guardianship of the person shall include, but need not be
limited to, an investigation and discussion of all of the following:
(1) A social history of the guardian.
(2) A social history of the proposed ward, including, to the
extent feasible, an assessment of any identified developmental,
emotional, psychological, or educational needs of the proposed ward
and the capability of the petitioner to meet those needs.
(3) The relationship of the proposed ward to the guardian,
including the duration and character of the relationship, where
applicable, the circumstances whereby physical custody of the
proposed ward was acquired by the guardian, and a statement of the
proposed ward's attitude concerning the proposed guardianship, unless
the statement of the attitude is affected by the proposed ward's
developmental, physical, or emotional condition.
(4) The anticipated duration of the guardianship and the plans of
both natural parents and the proposed guardian for the stable and
permanent home for the child. The court may waive this requirement
for cases involving relative guardians.
(b) The report shall be read and considered by the court prior to
ruling on the petition for guardianship, and shall be reflected in
the minutes of the court. The person preparing the report may be
called and examined by any party to the proceeding.
(c) If the investigation finds that any party to the proposed
guardianship alleges the minor's parent is unfit, as defined by
Section 300 of the Welfare and Institutions Code, the case shall be
referred to the county agency designated to investigate potential
dependencies. Guardianship proceedings shall not be completed until
the investigation required by Sections 328 and 329 of the Welfare and
Institutions Code is completed and a report is provided to the court
in which the guardianship proceeding is pending.
(d) The report authorized by this section is confidential and
shall only be made available to persons who have been served in the
proceedings or their attorneys. The county clerk
of the court shall make provisions for the limitation of
the report exclusively to persons entitled to its receipt.
(e) For the purpose of writing the report authorized by this
section, the person making the investigation and report shall have
access to the proposed ward's school records, probation records, and
public and private social services records, and to an oral or written
summary of the proposed ward's medical records and psychological
records prepared by any physician, psychologist, or psychiatrist who
made or who is maintaining those records. The physician,
psychologist, or psychiatrist shall be available to clarify
information regarding these records pursuant to the investigator's
responsibility to gather and provide information for the court.
(f) This section does not apply to guardianships resulting from a
permanency plan for a dependent child pursuant to Section 366.25 of
the Welfare and Institutions Code.
(g) For purposes of this section, a "relative" means a person who
is a spouse, parent, stepparent, brother, sister, stepbrother,
stepsister, half-brother, half-sister, uncle, aunt, niece, nephew,
first cousin, or any person denoted by the prefix "grand" or "great,"
or the spouse of any of these persons, even after the marriage has
been terminated by death or dissolution.
SEC. 638. Section 1821 of the Probate Code is amended to read:
1821. (a) The petition shall request that a conservator be
appointed for the person or estate, or both, shall specify the name,
address, and telephone number of the proposed conservator and the
name, address, and telephone number of the proposed conservatee, and
state the reasons why a conservatorship is necessary. Unless the
petitioner is a bank or other entity authorized to conduct the
business of a trust company, the petitioner shall also file
supplemental information as to why the appointment of a conservator
is required. The supplemental information to be submitted shall
include a brief statement of facts addressed to each of the following
categories:
(1) The inability of the proposed conservatee to properly provide
for his or her needs for physical health, food, clothing, and
shelter.
(2) The location of the proposed conservatee's residence and the
ability of the proposed conservatee to live in the residence while
under conservatorship.
(3) Alternatives to conservatorship considered by the petitioner
and reasons why those alternatives are not available.
(4) Health or social services provided to the proposed conservatee
during the year preceding the filing of the petition, when the
petitioner has information as to those services.
(5) The inability of the proposed conservatee to substantially
manage his or her own financial resources, or to resist fraud or
undue influence.
The facts required to address the categories set forth in
paragraphs (1) to (5), inclusive, shall be set forth by the
petitioner when he or she has knowledge of the facts or by the
declarations or affidavits of other persons having knowledge of those
facts.
Where any of the categories set forth in paragraphs (1) to (5),
inclusive, are not applicable to the proposed conservatorship, the
petitioner shall so indicate and state on the supplemental
information form the reasons therefor.
The Judicial Council shall develop a supplemental information form
for the information required pursuant to paragraphs (1) to (5),
inclusive, after consultation with individuals or organizations
approved by the Judicial Council, who represent public conservators,
court investigators, the State Bar, specialists with experience in
performing assessments and coordinating community-based services, and
legal services for the elderly and disabled.
The supplemental information form shall be separate and distinct
from the form for the petition. The supplemental information shall
be confidential and shall be made available only to parties, persons
given notice of the petition who have requested this supplemental
information or who have appeared in the proceedings, their attorneys,
and the court. The court shall have discretion at any other time to
release the supplemental information to other persons if it would
serve the interests of the conservatee. The county
clerk of the court shall make provision for
limiting disclosure of the supplemental information exclusively to
persons entitled thereto under this section.
(b) The petition shall set forth, so far as they are known to the
petitioner, the names and addresses of the spouse or domestic
partner, and of the relatives of the proposed conservatee within the
second degree. If no spouse or domestic partner of the proposed
conservatee or relatives of the proposed conservatee within the
second degree are known to the petitioner, the petition shall set
forth, so far as they are known to the petitioner, the names and
addresses of the following persons who, for the purposes of Section
1822, shall all be deemed to be relatives:
(1) A spouse or domestic partner of a predeceased parent of a
proposed conservatee.
(2) The children of a predeceased spouse or domestic partner of a
proposed conservatee.
(3) The siblings of the proposed conservatee's parents, if any,
but if none, then the natural and adoptive children of the proposed
conservatee's parents' siblings.
(4) The natural and adoptive children of the proposed conservatee'
s siblings.
(c) If the petition is filed by a person other than the proposed
conservatee, the petition shall state whether or not the petitioner
is a creditor or debtor, or the agent of a creditor or debtor, of the
proposed conservatee.
(d) If the proposed conservatee is a patient in or on leave of
absence from a state institution under the jurisdiction of the State
Department of Mental Health or the State Department of Developmental
Services and that fact is known to the petitioner, the petition shall
state that fact and name the institution.
(e) The petition shall state, so far as is known to the
petitioner, whether or not the proposed conservatee is receiving or
is entitled to receive benefits from the Veterans Administration and
the estimated amount of the monthly benefit payable by the Veterans
Administration for the proposed conservatee.
(f) The petition may include an application for any order or
orders authorized under this division, including, but not limited to,
orders under Chapter 4 (commencing with Section 1870).
(g) The petition may include a further statement that the proposed
conservatee is not willing to attend the hearing on the petition,
does not wish to contest the establishment of the conservatorship,
and does not object to the proposed conservator or prefer that
another person act as conservator.
(h) In the case of an allegedly developmentally disabled adult,
the petition shall set forth the following:
(1) The nature and degree of the alleged disability, the specific
duties and powers requested by or for the limited conservator, and
the limitations of civil and legal rights requested to be included in
the court's order of appointment.
(2) Whether or not the proposed limited conservatee is or is
alleged to be developmentally disabled.
Reports submitted pursuant to Section 416.8 of the Health and
Safety Code meet the requirements of this section, and
conservatorships filed pursuant to Article 7.5 (commencing with
Section 416) of Part 1 of Division 1 of the Health and Safety Code
are exempt from providing the supplemental information required by
this section, so long as the guidelines adopted by the State
Department of Developmental Services for regional centers require the
same information that is required pursuant to this section.
SEC. 639. Section 1826 of the Probate Code is amended to read:
1826. Regardless of whether the proposed conservatee attends the
hearing, the court investigator shall do all of the following:
(a) Interview the proposed conservatee personally.
(b) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the proceeding, and
of the right of the proposed conservatee to oppose the proceeding, to
attend the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
(c) Determine whether it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
(d) Review the allegations of the petition as to why the
appointment of the conservator is required and, in making his or her
determination, do the following:
(1) Refer to the supplemental information form submitted by the
petitioner and consider the facts set forth in the form that address
each of the categories specified in paragraphs (1) to (5), inclusive,
of subdivision (a) of Section 1821.
(2) Consider, to the extent practicable, whether he or she
believes the proposed conservatee suffers from any of the mental
function deficits listed in subdivision (a) of Section 811 that
significantly impairs the proposed conservatee's ability to
understand and appreciate the consequences of his or her actions in
connection with any of the functions described in subdivision (a) or
(b) of Section 1801 and identify the observations that support that
belief.
(e) Determine whether the proposed conservatee wishes to contest
the establishment of the conservatorship.
(f) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as conservator.
(g) Determine whether the proposed conservatee wishes to be
represented by legal counsel and, if so, whether the proposed
conservatee has retained legal counsel and, if not, the name of an
attorney the proposed conservatee wishes to retain.
(h) Determine whether the proposed conservatee is capable of
completing an affidavit of voter registration.
(i) If the proposed conservatee has not retained legal counsel,
determine whether the proposed conservatee desires the court to
appoint legal counsel.
(j) Determine whether the appointment of legal counsel would be
helpful to the resolution of the matter or is necessary to protect
the interests of the proposed conservatee in any case where the
proposed conservatee does not plan to retain legal counsel and has
not requested the appointment of legal counsel by the court.
(k) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing, including the proposed
conservatee's express communications concerning both of the
following:
(1) Representation by legal counsel.
(2) Whether the proposed conservatee is not willing to attend the
hearing, does not wish to contest the establishment of the
conservatorship, and does not object to the proposed conservator or
prefer that another person act as conservator.
(l) Mail, at least five days before the hearing, a copy of the
report referred to in subdivision (k) to all of the following:
(1) The attorney, if any, for the petitioner.
(2) The attorney, if any, for the proposed conservatee.
(3) Any other persons as the court orders.
(m) The court investigator has discretion to release the report
required by this section to the public conservator, interested public
agencies, and the long-term care ombudsman.
(n) The report required by this section is confidential and shall
be made available only to parties, persons given notice of the
petition who have requested this report or who have appeared in the
proceedings, their attorneys, and the court. The court has
discretion at any other time to release the report, if it would serve
the interests of the conservatee. The county
clerk of the court shall provide for the limitation of the
report exclusively to persons entitled to its receipt.
(o) This section does not apply to a proposed conservatee who has
personally executed the petition for conservatorship, or one who has
nominated his or her own conservator, if he or she attends the
hearing.
(p) If the court investigator has performed an investigation
within the preceding six months and furnished a report thereon to the
court, the court may order, upon good cause shown, that another
investigation is not necessary or that a more limited investigation
may be performed.
SEC. 640. Section 1827.5 of the Probate Code is amended to read:
1827.5. (a) In the case of any proceeding to establish a limited
conservatorship for a person with developmental disabilities, within
30 days after the filing of a petition for limited conservatorship, a
proposed limited conservatee, with his or her consent, shall be
assessed at a regional center as provided in Chapter 5 (commencing
with Section 4620) of Division 4.5 of the Welfare and Institutions
Code. The regional center shall submit a written report of its
findings and recommendations to the court.
(b) In the case of any proceeding to establish a general
conservatorship for a person with developmental disabilities, the
regional center, with the consent of the proposed conservatee, may
prepare an assessment as provided in Chapter 5 (commencing with
Section 4620) of Division 4.5 of the Welfare and Institutions Code.
If an assessment is prepared, the regional center shall submit its
findings and recommendations to the court.
(c) A report prepared under subdivision (a) or (b) shall include a
description of the specific areas, nature, and degree of disability
of the proposed conservatee or proposed limited conservatee. The
findings and recommendations of the regional center are not binding
upon the court.
In a proceeding where the petitioner is a provider of board and
care, treatment, habilitation, or other services to persons with
developmental disabilities or a spouse or employee of a provider, is
not the natural parent of the proposed conservatee or proposed
limited conservatee, and is not a public entity, the regional center
shall include a recommendation in its report concerning the
suitability of the petitioners to meet the needs of the proposed
conservatee or proposed limited conservatee.
(d) At least five days before the hearing on the petition, the
regional center shall mail a copy of the report referred to in
subdivision (a) to all of the following:
(1) The proposed limited conservatee.
(2) The attorney, if any, for the proposed limited conservatee.
(3) If the petitioner is not the proposed limited conservatee, the
attorney for the petitioner or the petitioner if the petitioner does
not have an attorney.
(4) Such other persons as the court orders.
(e) The report referred to in subdivisions (a) and (b) shall be
confidential and shall be made available only to parties listed in
subdivision (d) unless the court, in its discretion, determines that
the release of the report would serve the interests of the
conservatee who is developmentally disabled. The county
clerk of the court shall make provision for
limiting disclosure of the report exclusively to persons entitled
thereto under this section.
SEC. 641. Section 1851 of the Probate Code is amended to read:
1851. (a) When court review is required, the court investigator
shall visit the conservatee. The court investigator shall inform the
conservatee personally that the conservatee is under a
conservatorship and shall give the name of the conservator to the
conservatee. The court investigator shall determine whether the
conservatee wishes to petition the court for termination of the
conservatorship, whether the conservatee is still in need of the
conservatorship, whether the present conservator is acting in the
best interests of the conservatee, and whether the conservatee is
capable of completing an affidavit of voter registration. If the
court has made an order under Chapter 4 (commencing with Section
1870), the court investigator shall determine whether the present
condition of the conservatee is such that the terms of the order
should be modified or the order revoked.
(b) The findings of the court investigator, including the facts
upon which the findings are based, shall be certified in writing to
the court not less than 15 days prior to the date of review. A copy
of the report shall be mailed to the conservator and to the attorneys
of record for the conservator and conservatee at the same time it is
certified to the court.
(c) In the case of a limited conservatee, the court investigator
shall make a recommendation regarding the continuation or termination
of the limited conservatorship.
(d) The court investigator may personally visit the conservator
and other persons as may be necessary to determine whether the
present conservator is acting in the best interests of the
conservatee.
(e) The report required by this section shall be confidential and
shall be made available only to parties, persons given notice of the
petition who have requested the report or who have appeared in the
proceeding, their attorneys, and the court. The court shall have
discretion at any other time to release the report if it would serve
the interests of the conservatee. The county
clerk of the court shall make provision for limiting
disclosure of the report exclusively to persons entitled thereto
under this section.
SEC. 642. Section 15688 of the Probate Code is amended to read:
15688. Notwithstanding any other provision of this article and
the terms of the trust, a public guardian who is appointed as a
trustee of a trust pursuant to Section 15660.5 shall be paid from the
trust property for all of the following:
(a) Reasonable expenses incurred in the administration of the
trust.
(b) Compensation for services of the public guardian and the
attorney of the public guardian, and for the filing and processing
services of the county clerk of the court
in the amount the court determines is just and reasonable.
(c) An annual bond fee in the amount of twenty-five dollars ($25)
plus one-fourth of 1 percent of the amount of the trust assets
greater than ten thousand dollars ($10,000). The amount charged
shall be deposited in the county treasury.
SEC. 643. Section 5560 of the Public Resources Code is amended to
read:
5560. (a) Violation of any ordinance, rule, or regulation adopted
pursuant to this article is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500) or by imprisonment in the
county jail for a period not to exceed six months, or by both such
fine and imprisonment, unless the board provides that a violation of
any ordinance, rule, or regulation is an infraction, which shall be
punishable by a fine not to exceed fifty dollars ($50).
(b) Any municipal superior court
which may be established of a county lying
wholly or in part within the district , or superior
court in a county in which there is no municipal court, shall have
jurisdiction is a proper court for trial of all
prosecutions under this article for violations of any ordinance,
rule, or regulation adopted by the board.
SEC. 644. Section 14591.5 of the Public Resources Code is amended
to read:
14591.5. After the time for judicial review under Section 11523
of the Government Code has expired, the department may apply to
the clerk of the small claims court ,
municipal court, or superior court, depending on the
jurisdictional amount and any other remedy sought, in the county
where the penalties, restitution, or other remedy was imposed by the
department, for a judgment to collect any unpaid civil penalties or
restitution or to enforce any other remedy provided by this division.
The application, which shall include a certified copy of the final
agency order or decision, shall constitute a sufficient showing to
warrant the issuance of the judgment. The court clerk shall enter
the judgment immediately in conformity with the application. The
judgment so entered shall have the same force and effect as, and
shall be subject to all the provisions of law relating to, a judgment
in a civil action, and may be enforced in the same manner as any
other judgment of the court in which it is entered
. The court shall make enforcement of the judgment a priority.
SEC. 645. Section 5411.5 of the Public Utilities Code is amended
to read:
5411.5. Whenever a peace officer arrests a person for a violation
of Section 5411 involving the operation of a charter-party carrier
of passengers without a valid certificate or permit at a public
airport, within 100 feet of a public airport, or within two miles of
the international border between the United States and Mexico, the
peace officer may impound and retain possession of the vehicle used
in violation of Section 5411.
If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of Section 5411
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
At any time, a person may make a motion in municipal
court, or in superior court in a county in which
there is no municipal court , for the immediate return of
the vehicle on the ground that there was no probable cause to seize
it or that there is some other good cause, as determined by the
court, for the return of the vehicle. A proceeding under this
section is a limited civil case.
No peace officer, however, shall impound any vehicle owned or
operated by a nonprofit organization exempt from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code which serves youth or
senior citizens and provides transportation incidental to its
programs or services.
SEC. 646. Section 19707 of the Revenue and Taxation Code is
amended to read:
19707. The place of trial for the offenses enumerated in this
chapter shall be in the county of residence or principal place of
business of the defendant or defendants at the time of commission of
the offense. However, if the defendant or defendants had no
residence or principal place of business in this state at the time of
commission of the offense, the trial shall be held in the County of
Sacramento.
In a criminal case charging a defendant or defendants with
committing an offense enumerated in this chapter, the place of trial
may be as set forth in this section, or as provided for in
Sections 1462 and Section 1462.2 or Chapter 1
(commencing with Section 777) of Title 3 of Part 2 of the Penal Code.
SEC. 647. Section 5419 of the Streets and Highways Code is amended
to read:
5419. Upon the entry of judgment or dismissal of the action the
county clerk of the court shall
forthwith mail to the street superintendent of the city having
jurisdiction over the proceeding in which the assessment was levied,
a certified copy of the judgment or other evidence sufficient to
advise the street superintendent of the judgment of the court in the
action.
SEC. 648. Section 6619 of the Streets and Highways Code is amended
to read:
6619. A written notice of the pendency of any action for recovery
on a bond shall be filed with the treasurer. After the filing of
such notice the treasurer shall not receive any money on account of
the bond and he shall have no authority to cancel
the entries on the bond in his the
register or give a discharge of the bond without the written consent
of the owner thereof until judgment has been rendered in the action
or until it has been dismissed.
Upon the entry of judgment or dismissal of the action the
county clerk of the court shall forthwith mail
to the treasurer a certified copy of the judgment or other evidence
sufficient to advise him the treasurer
of the judgment of the court in the action.
SEC. 649. Section 6621 of the Streets and Highways Code is amended
to read:
6621. Whenever a bond is foreclosed pursuant to this chapter, the
decree of foreclosure shall direct the county
clerk of the court to deliver the bond sued upon to the
treasurer of the city which issued said bond together with a
memorandum setting forth the title and number of the action and the
fact that the bond has been foreclosed.
SEC. 650. Section 6622 of the Streets and Highways Code is amended
to read:
6622. The treasurer shall cancel the bond upon his
the records and deliver to the county
clerk of the court a receipt substantially in
the following form:
"Certificate of Cancellation of Street Improvement Bond Series
(designating it), in the City (or County) of (naming it).
$_______/100 No._______
I, ____, Treasurer of the City (or County) of ____ do hereby
certify that I have received the above bond from the county
clerk of the Superior Court of ____ (naming
county) in that certain foreclosure action entitled ____ vs. ____
No.____, Superior Court of ____ County; and I have this day canceled
said bond on my records, pursuant to the order of the court made in
said case.
Dated at ______, this ____ day of ______, 19
20 __.
________________________________________________
Treasurer of the City (or County) of _____
By _____________________________________________
Deputy"
SEC. 651. Section 6623 of the Streets and Highways Code is amended
to read:
6623. The county clerk of the court
shall enter the judgment or decree of foreclosure in the action upon
the delivery of the certificate of cancellation to him
.
SEC. 652. Section 8266 of the Streets and Highways Code is amended
to read:
8266. The proceeding is instituted by filing with the
county clerk of the court a complaint setting
forth:
(a) The name of the district.
(b) Its exterior boundaries.
(c) The date of its organization.
(d) A prayer that the district be judged legally formed under this
part.
SEC. 653. Section 1815 of the Unemployment Insurance Code is
amended to read:
1815. If any employing unit is delinquent in the payment of any
contributions, penalties or interest provided for in this division,
the director may, not later than 10 years after the payment became
delinquent or within 10 years after the last entry of a judgment
under this article or within 10 years after the last recording or
filing of a notice of state tax lien under Section 7171 of the
Government Code, file in the Office of the County
Clerk of the Superior Court of Sacramento County, or with
the county clerk of the superior court
of the county in which the employer has his
its principal place of business, a certificate specifying the
amount of the contributions, interest and penalty due and the name
and last known address of the employer liable therefor. The
certificate shall also contain a statement that the director has
complied with all the provisions of this division in relation to the
computation and levy of the contributions, interest and penalty, and
a request that judgment be entered against the employer in the amount
set forth in the certificate. The county clerk
immediately upon the filing of the certificate shall enter a judgment
for the State of California against the employer in the amount set
forth in the certificate. Such judgment may be filed by the
county clerk in a looseleaf book entitled "Unemployment
Contributions Judgments."
SEC. 654. Section 9805 of the Vehicle Code is amended to read:
9805. (a) The department may file in the office of the
county clerk of the superior court of Sacramento
County, or any other county, a certificate specifying the amount of
any fee, tax, penalty, and collection cost due, the name and last
known address of the individual, company, or corporation liable for
the amount due, and the fact that the department has complied with
all the provisions of this division in the computation of the amount
due, and a request that judgment be entered against the individual,
company, or corporation in the amount of the fee, tax, penalty, and
collection cost set forth in the certificate if the fee, tax,
penalty, or collection cost constitutes either of the following:
(1) A lien under this division on the vehicle on which it is due
is not paid when due, and there is evidence that the vehicle has been
operated in violation of this code or any regulations adopted
pursuant to this code.
(2) A lessee liability as provided in Section 10879 of the Revenue
and Taxation Code.
(b) Prior to the filing of the certificate, the department shall,
by mail, notify the individual, company, or corporation of the amount
which is due and of the opportunity for a hearing as provided in
this subdivision. At the request of the individual, company, or
corporation, the department shall conduct a hearing pursuant to
Section 9801, at which it shall be determined whether the claimed
fee, tax, penalty, or collection cost in the amount claimed by the
department is due and constitutes a lien on the vehicle, and whether
the individual, company, or corporation is liable therefor.
(c) If no hearing is requested within 15 days after mailing the
notice required by subdivision (b), the certificate required by
subdivision (b) may be filed.
SEC. 655. Section 9806 of the Vehicle Code is amended to read:
9806. The county clerk of the court
, immediately upon the filing of the certificate specified in
Section 9805, shall enter a judgment for the people of the State of
California against the individual, company, or corporation in the
amount of any fee, tax, penalty, and collection cost set forth in the
certificate. The county clerk may file the
judgment in a looseleaf book entitled "Department of Motor Vehicles
Registration Judgments."
SEC. 656. Section 9872.1 of the Vehicle Code is amended to read:
9872.1. (a) No person shall knowingly buy, sell, offer for sale,
receive, or have in his or her possession any vessel, or component
part thereof, from which the hull identification number has been
removed, defaced, altered, or destroyed, unless the vessel or
component part has attached thereto a hull identification number
assigned or approved by the department in lieu of the manufacturer's
number.
(b) Whenever a vessel, or component part thereof, from which the
hull identification number has been removed, defaced, altered, or
destroyed, and which does not have attached thereto an assigned or
approved number as described in subdivision (a), comes into the
custody of a peace officer, the seized vessel or component part is
subject, in accordance with the procedures specified in this section,
to impoundment and to such disposition as may be provided by order
of a court having jurisdiction. This subdivision does not apply with
respect to a seized vessel or component part used as evidence in any
criminal action or proceeding.
(c) Whenever a vessel or component part described in subdivision
(a) comes into the custody of a peace officer, any person from whom
the property was seized, and all claimants to the property whose
interest or title is on registration records in the department, shall
be notified within five days, excluding Saturdays, Sundays, and
holidays, after the seizure, of the date, time, and place of the
hearing required in subdivision (e). The notice shall contain the
information specified in subdivision (d).
(d) Whenever a peace officer seizes a vessel or component part as
provided in subdivision (b), any person from whom the property was
seized shall be provided a notice of impoundment of the vessel or
component part which shall serve as a receipt and contain the
following information:
(1) Name and address of person from whom the property was seized.
(2) A statement that the vessel or component part seized has been
impounded for investigation of a violation of this section and that
the property will be released upon a determination that the hull
identification number has not been removed, defaced, altered, or
destroyed, or upon the presentation of satisfactory evidence of
ownership of the vessel or component part, provided that no other
person claims an interest in the property; otherwise, a hearing
regarding the disposition of the vessel or component part shall take
place in the proper court.
(3) A statement that any person from whom the property was seized,
and all claimants to the property whose interest or title is on
registration records in the department, will receive written
notification of the date, time, and place of the hearing within five
days, excluding Saturdays, Sundays, and holidays, after the seizure.
(4) Name and address of the law enforcement agency where evidence
of ownership of the vessel or component part may be presented.
(5) A statement of the contents of this section.
(e) A hearing on the disposition of the property shall be held by
the municipal court, or by the superior court
in a county in which there is no municipal court,
within 60 days after the seizure. The hearing shall be before the
court without a jury. A proceeding under this section is a limited
civil case.
(1) If the evidence reveals either that the hull identification
number has not been removed, altered, or destroyed or that the hull
identification number has been removed, altered, or destroyed but
satisfactory evidence of ownership has been presented to the seizing
agency or court, the property shall be released to the person
entitled thereto.
(2) If the evidence reveals that the hull identification number
has been removed, altered, or destroyed, and satisfactory evidence of
ownership has not been presented, the property shall be destroyed,
sold, or otherwise disposed of as provided by court order.
(3) At the hearing, the seizing agency shall have the burden of
establishing that the hull identification number has been removed,
defaced, altered, or destroyed and that no satisfactory evidence of
ownership has been presented.
(f) Nothing in this section precludes the return of a seized
vessel or component part to the owner by the seizing agency following
presentation of satisfactory evidence of ownership and, if
determined necessary, upon the assignment of an identification number
to the vessel or component part by the department.
SEC. 657. Section 10751 of the Vehicle Code is amended to read:
10751. (a) No person shall knowingly buy, sell, offer for sale,
receive, or have in his or her possession, any vehicle, or component
part thereof, from which any serial or identification number,
including, but not limited to, any number used for registration
purposes, that is affixed by the manufacturer to the vehicle or
component part, in whatever manner deemed proper by the manufacturer,
has been removed, defaced, altered, or destroyed, unless the vehicle
or component part has attached thereto an identification number
assigned or approved by the department in lieu of the manufacturer's
number.
(b) Whenever a vehicle described in subdivision (a), including a
vehicle assembled with any component part which is in violation of
subdivision (a), comes into the custody of a peace officer, it shall
be destroyed, sold, or otherwise disposed of under the conditions as
provided in an order by the court having jurisdiction. No court
order providing for disposition shall be issued unless the person
from whom the property was seized, and all claimants to the property
whose interest or title is on registration records in the Department
of Motor Vehicles, are provided a postseizure hearing by the court
having jurisdiction within 90 days after the seizure. This
subdivision shall not apply with respect to a seized vehicle or
component part used as evidence in any criminal action or proceeding.
Nothing in this section shall, however, preclude the return of a
seized vehicle or a component part to the owner by the seizing agency
following presentation of satisfactory evidence of ownership and, if
determined necessary, upon the assignment of an identification
number to the vehicle or component part by the department.
(c) Whenever a vehicle described in subdivision (a) comes into the
custody of a peace officer, the person from whom the property was
seized, and all claimants to the property whose interest or title is
on registration records in the Department of Motor Vehicles, shall be
notified within five days, excluding Saturdays, Sundays, and
holidays, after the seizure, of the date, time, and place of the
hearing required in subdivision (b). The notice shall contain the
information specified in subdivision (d).
(d) Whenever a peace officer seizes a vehicle described in
subdivision (a), the person from whom the property was seized shall
be provided a notice of impoundment of the vehicle which shall serve
as a receipt and contain the following information:
(1) Name and address of person from whom the property was seized.
(2) A statement that the vehicle seized has been impounded for
investigation of a violation of Section 10751 of the California
Vehicle Code and that the property will be released upon a
determination that the serial or identification number has not been
removed, defaced, altered, or destroyed, or upon the presentation of
satisfactory evidence of ownership of the vehicle or a component
part, if no other person claims an interest in the property;
otherwise, a hearing regarding the disposition of the vehicle shall
take place in the proper court.
(3) A statement that the person from whom the property was seized,
and all claimants to the property whose interest or title is on
registration records in the Department of Motor Vehicles, will
receive written notification of the date, time, and place of the
hearing within five days, excluding Saturdays, Sundays, and holidays,
after the seizure.
(4) Name and address of the law enforcement agency where evidence
of ownership of the vehicle or component part may be presented.
(5) A statement of the contents of Section 10751 of the Vehicle
Code.
(e) A hearing on the disposition of the property shall be held by
the municipal court, or by the superior court
in a county in which there is no municipal court,
within 90 days after the seizure. The hearing shall be before the
court without a jury. A proceeding under this section is a limited
civil case.
(1) If the evidence reveals either that the serial or
identification number has not been removed, defaced, altered, or
destroyed or that the number has been removed, defaced, altered, or
destroyed but satisfactory evidence of ownership has been presented
to the seizing agency or court, the property shall be released to the
person entitled thereto. Nothing in this section precludes the
return of the vehicle or a component part to a good faith purchaser
following presentation of satisfactory evidence of ownership thereof
upon the assignment of an identification number to the vehicle or
component part by the department.
(2) If the evidence reveals that the identification number has
been removed, defaced, altered, or destroyed, and satisfactory
evidence of ownership has not been presented, the vehicle shall be
destroyed, sold, or otherwise disposed of as provided by court
order.
(3) At the hearing, the seizing agency has the burden of
establishing that the serial or identification number has been
removed, defaced, altered, or destroyed and that no satisfactory
evidence of ownership has been presented.
(f) This section does not apply to a scrap metal processor engaged
primarily in the acquisition, processing, and shipment of ferrous
and nonferrous scrap, and who receives dismantled vehicles from
licensed dismantlers, licensed junk collectors, or licensed junk
dealers as scrap metal for the purpose of recycling the dismantled
vehicles for their metallic content, the end product of which is the
production of material for recycling and remelting purposes for steel
mills, foundries, smelters, and refiners.
SEC. 658. Section 11102.1 of the Vehicle Code is amended to read:
11102.1. If a deposit is given instead of the bond required by
Section 11102:
(a) The director may order the deposit returned at the expiration
of three years from the date a driving school licensee has ceased to
do business, or three years from the date a licensee has ceased to be
licensed, if the director is satisfied that there are no outstanding
claims against the deposit. A judge of a municipal or
superior court may order the return of the deposit prior to
the expiration of three years upon evidence satisfactory to the
judge that there are no outstanding claims against the deposit.
(b) If either the director, department, or state is a defendant in
any action instituted to recover all or any part of the deposit, or
any action is instituted by the director, department, or state to
determine those entitled to any part of the deposit, the director,
department, or state shall be paid reasonable attorney fees and costs
from the deposit. Costs shall include those administrative costs
incurred in processing claims against the deposit.
SEC. 659. Section 11203 of the Vehicle Code is amended to read:
11203. In lieu of the bond otherwise required by paragraph (3) of
subdivision (a) of Section 11202, the applicant may make a deposit
pursuant to Article 7 (commencing with Section 995.710) of Chapter 2
of Title 14 of Part 2 of the Code of Civil Procedure. The director
may order the deposit returned at the expiration of three years from
the date a traffic violator school licensee has ceased to do
business, or three years from the date a licensee has ceased to be
licensed, if the director is satisfied that there are no outstanding
claims against the deposit. A municipal or
superior court may, upon petition, order the return of the deposit
prior to the expiration of three years upon evidence satisfactory to
the court that there are no outstanding claims against the deposit.
If either the director, department, or state is a defendant in any
civil action instituted to recover all or any part of the deposit, or
any civil action is instituted by the director, department, or state
to determine those entitled to any part of the deposit, the
director, department, or state shall be paid reasonable attorney fees
and costs from the deposit. Costs shall include those
administrative costs incurred in processing claims against the
licensee recoverable from the deposit.
SEC. 660. Section 11301.5 of the Vehicle Code is amended to read:
11301.5. If a deposit is given instead of the bond required by
Section 11301:
(a) The Director of Motor Vehicles may order the refund of the
deposit three years from the date a vehicle verifier has ceased to be
licensed, if the director is satisfied that there are no outstanding
claims against the deposit. A judge of a municipal or
superior court may order the return of the deposit prior to
the expiration of three years from the date a vehicle verifier has
ceased to be licensed if there is evidence satisfactory to the court
that there are no outstanding claims against the deposit.
(b) If the director, department, or state is a defendant in any
action instituted to recover all or any part of the deposit, or any
action is instituted by the director, department, or state to
determine those entitled to any part of the deposit, the director,
department, or state shall be paid reasonable attorney fees and costs
from the deposit. Costs shall include those administrative costs
incurred in processing claims against the deposit.
SEC. 661. Section 11710.2 of the Vehicle Code is amended to read:
11710.2. If a deposit is given instead of the bond required by
Section 11710 both of the following apply:
(a) The director may order the deposit returned at the expiration
of three years from the date an applicant for a dealer's license who
has operated a business of selling vehicles under a temporary permit
has ceased to do business, or three years from the date a licensee
has ceased to be licensed, if the director is satisfied that there
are no outstanding claims against the deposit. A judge of a
municipal or superior court may order the return of the
deposit prior to the expiration of three years upon evidence
satisfactory to the judge that there are no outstanding claims
against the deposit.
(b) If either the director, department, or state is a defendant in
any action instituted to recover all or any part of the deposit, or
any action is instituted by the director, department, or state to
determine those entitled to any part of the deposit, the director,
department, or state shall be paid reasonable attorney fees and costs
from the deposit. Costs shall include those administrative costs
incurred in processing claims against the deposit.
SEC. 662. Section 14607.6 of the Vehicle Code is amended to read:
14607.6. (a) Notwithstanding any other provision of law, and
except as provided in this section, a motor vehicle is subject to
forfeiture as a nuisance if it is driven on a highway in this state
by a driver with a suspended or revoked license, or by an unlicensed
driver, who is a registered owner of the vehicle at the time of
impoundment and has a previous misdemeanor conviction for a violation
of subdivision (a) of Section 12500 or Section 14601, 14601.1,
14601.2, 14601.3, 14601.4, or 14601.5.
(b) A peace officer shall not stop a vehicle for the sole reason
of determining whether the driver is properly licensed.
(c) (1) If a driver is unable to produce a valid driver's license
on the demand of a peace officer enforcing the provisions of this
code, as required by subdivision (b) of Section 12951, the vehicle
shall be impounded regardless of ownership, unless the peace officer
is reasonably able, by other means, to verify that the driver is
properly licensed. Prior to impounding a vehicle, a peace officer
shall attempt to verify the license status of a driver who claims to
be properly licensed but is unable to produce the license on demand
of the peace officer.
(2) A peace officer shall not impound a vehicle pursuant to this
subdivision if the license of the driver expired within the preceding
30 days and the driver would otherwise have been properly licensed.
(3) A peace officer may exercise discretion in a situation where
the driver without a valid license is an employee driving a vehicle
registered to the employer in the course of employment. A peace
officer may also exercise discretion in a situation where the driver
without a valid license is the employee of a bona fide business
establishment or is a person otherwise controlled by such an
establishment and it reasonably appears that an owner of the vehicle,
or an agent of the owner, relinquished possession of the vehicle to
the business establishment solely for servicing or parking of the
vehicle or other reasonably similar situations, and where the vehicle
was not to be driven except as directly necessary to accomplish that
business purpose. In this event, if the vehicle can be returned to
or be retrieved by the business establishment or registered owner,
the peace officer may release and not impound the vehicle.
(4) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to subdivision (n).
(5) If the driver of a vehicle impounded pursuant to this
subdivision was not a registered owner of the vehicle at the time of
impoundment, or if the driver of the vehicle was a registered owner
of the vehicle at the time of impoundment but the driver does not
have a previous conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5, the vehicle shall be released pursuant to this code and
is not subject to forfeiture.
(d) (1) This subdivision applies only if the driver of the vehicle
is a registered owner of the vehicle at the time of impoundment.
Except as provided in paragraph (5) of subdivision (c), if the driver
of a vehicle impounded pursuant to subdivision (c) was a registered
owner of the vehicle at the time of impoundment, the impounding
agency shall authorize release of the vehicle if, within three days
of impoundment, the driver of the vehicle at the time of impoundment
presents his or her valid driver's license, including a valid
temporary California driver's license or permit, to the impounding
agency. The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner
authorized in writing, upon payment of towing and storage charges
related to the impoundment, and any administrative charges authorized
by Section 22850.5, providing that the person claiming the vehicle
is properly licensed and the vehicle is properly registered. A
vehicle impounded pursuant to the circumstances described in
paragraph (3) of subdivision (c) shall be released to a registered
owner whether or not the driver of the vehicle at the time of
impoundment presents a valid driver's license.
(2) If there is a community property interest in the vehicle
impounded pursuant to subdivision (c), owned at the time of
impoundment by a person other than the driver, and the vehicle is the
only vehicle available to the driver's immediate family that may be
operated with a class C driver's license, the vehicle shall be
released to a registered owner or to the community property interest
owner upon compliance with all of the following requirements:
(A) The registered owner or the community property interest owner
requests release of the vehicle and the owner of the community
property interest submits proof of that interest.
(B) The registered owner or the community property interest owner
submits proof that he or she, or an authorized driver, is properly
licensed and that the impounded vehicle is properly registered
pursuant to this code.
(C) All towing and storage charges related to the impoundment and
any administrative charges authorized pursuant to Section 22850.5 are
paid.
(D) The registered owner or the community property interest owner
signs a stipulated vehicle release agreement, as described in
paragraph (3), in consideration for the nonforfeiture of the vehicle.
This requirement applies only if the driver requests release of the
vehicle.
(3) A stipulated vehicle release agreement shall provide for the
consent of the signator to the automatic future forfeiture and
transfer of title to the state of any vehicle registered to that
person, if the vehicle is driven by a driver with a suspended or
revoked license, or by an unlicensed driver. The agreement shall be
in effect for only as long as it is noted on a driving record
maintained by the department pursuant to Section 1806.1.
(4) The stipulated vehicle release agreement described in
paragraph (3) shall be reported by the impounding agency to the
department not later than 10 days after the day the agreement is
signed.
(5) No vehicle shall be released pursuant to paragraph (2) if the
driving record of a registered owner indicates that a prior
stipulated vehicle release agreement was signed by that person.
(e) (1) The impounding agency, in the case of a vehicle that has
not been redeemed pursuant to subdivision (d), or that has not been
otherwise released, shall promptly ascertain from the department the
names and addresses of all legal and registered owners of the
vehicle.
(2) The impounding agency, within two days of impoundment, shall
send a notice by certified mail, return receipt requested, to all
legal and registered owners of the vehicle, at the addresses obtained
from the department, informing them that the vehicle is subject to
forfeiture and will be sold or otherwise disposed of pursuant to this
section. The notice shall also include instructions for filing a
claim with the district attorney, and the time limits for filing a
claim. The notice shall also inform any legal owner of its right to
conduct the sale pursuant to subdivision (g). If a registered owner
was personally served at the time of impoundment with a notice
containing all the information required to be provided by this
paragraph, no further notice is required to be sent to a registered
owner. However, a notice shall still be sent to the legal owners of
the vehicle, if any. If notice was not sent to the legal owner
within two working days, the impounding agency shall not charge the
legal owner for more than 15-days' impoundment when the legal owner
redeems the impounded vehicle.
(3) No processing charges shall be imposed on a legal owner who
redeems an impounded vehicle within 15 days of the impoundment of
that vehicle. If no claims are filed and served within 15 days after
the mailing of the notice in paragraph (2), or if no claims are
filed and served within five days of personal service of the notice
specified in paragraph (2), when no other mailed notice is required
pursuant to paragraph (2), the district attorney shall prepare a
written declaration of forfeiture of the vehicle to the state. A
written declaration of forfeiture signed by the district attorney
under this subdivision shall be deemed to provide good and sufficient
title to the forfeited vehicle. A copy of the declaration shall be
provided on request to any person informed of the pending forfeiture
pursuant to paragraph (2). A claim that is filed and is later
withdrawn by the claimant shall be deemed not to have been filed.
(4) If a claim is timely filed and served, then the district
attorney shall file a petition of forfeiture with the appropriate
juvenile , municipal, or superior court within 10
days of the receipt of the claim. The district attorney shall
establish an expedited hearing date in accordance with instructions
from the court, and the court shall hear the matter without delay.
The court filing fee, not to exceed fifty dollars ($50), shall be
paid by the claimant, but shall be reimbursed by the impounding
agency if the claimant prevails. To the extent practicable, the
civil and criminal cases shall be heard at the same time in an
expedited, consolidated proceeding. A proceeding in the civil case
is a limited civil case.
(5) The burden of proof in the civil case shall be on the
prosecuting agency, by a preponderance of the evidence. All
questions that may arise shall be decided and all other proceedings
shall be conducted as in an ordinary civil action. A judgment of
forfeiture does not require as a condition precedent the conviction
of a defendant of an offense which made the vehicle subject to
forfeiture. The filing of a claim within the time limits specified
in paragraph (3) is considered a jurisdictional prerequisite for the
availing of the action authorized by that paragraph.
(6) All right, title, and interest in the vehicle shall vest in
the state upon commission of the act giving rise to the forfeiture.
(f) Any vehicle impounded that is not redeemed pursuant to
subdivision (d) and is subsequently forfeited pursuant to this
section shall be sold once an order of forfeiture is issued by the
district attorney of the county of the impounding agency or a court,
as the case may be, pursuant to subdivision (e).
(g) Any legal owner who is a motor vehicle dealer, bank, credit
union, acceptance corporation, or other licensed financial
institution legally operating in this state, or the agent of that
legal owner, may take possession and conduct the sale of the
forfeited vehicle if the legal owner or agent notifies the agency
impounding the vehicle of its intent to conduct the sale within 15
days of the mailing of the notice pursuant to subdivision (e). Sale
of the vehicle after forfeiture pursuant to this subdivision may be
conducted at the time, in the manner, and on the notice usually given
for the sale of repossessed or surrendered vehicles. The proceeds
of any sale conducted by or on behalf of the legal owner shall be
disposed of as provided in subdivision (i). A notice pursuant to
this subdivision may be presented in person, by certified mail, by
facsimile transmission, or by electronic mail.
(h) If the legal owner or agent of the owner does not notify the
agency impounding the vehicle of its intent to conduct the sale as
provided in subdivision (g), the agency shall offer the forfeited
vehicle for sale at public auction within 60 days of receiving title
to the vehicle. Low value vehicles shall be disposed of pursuant to
subdivision (k).
(i) The proceeds of a sale of a forfeited vehicle shall be
disposed of in the following priority:
(1) To satisfy the towing and storage costs following impoundment,
the costs of providing notice pursuant to subdivision (e), the costs
of sale, and the unfunded costs of judicial proceedings, if any.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges,
providing that the principal indebtedness was incurred prior to the
date of impoundment.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle, other than a registered or legal owner, to satisfy any
indebtedness so secured if written notification of demand is received
before distribution of the proceeds is completed. The holder of a
subordinate lien or encumbrance, if requested, shall furnish
reasonable proof of its interest and, unless it does so upon request,
is not entitled to distribution pursuant to this paragraph.
(4) To any other person, other than a registered or legal owner,
who can reasonably establish an interest in the vehicle, including a
community property interest, to the extent of his or her provable
interest, if written notification is received before distribution of
the proceeds is completed.
(5) Of the remaining proceeds, funds shall be made available to
pay any local agency and court costs, that are reasonably related to
the implementation of this section, that remain unsatisfied.
(6) Of the remaining proceeds, half shall be transferred to the
Controller for deposit in the Vehicle Inspection and Repair Fund for
the high-polluter repair assistance and removal program created by
Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code, and half shall be
transferred to the general fund of the city or county of the
impounding agency, or the city or county where the impoundment
occurred. A portion of the local funds may be used to establish a
reward fund for persons coming forward with information leading to
the arrest and conviction of hit-and-run drivers and to publicize the
availability of the reward fund.
(j) The person conducting the sale shall disburse the proceeds of
the sale as provided in subdivision (i) and shall provide a written
accounting regarding the disposition to the impounding agency and, on
request, to any person entitled to or claiming a share of the
proceeds, within 15 days after the sale is conducted.
(k) If the vehicle to be sold pursuant to this section is not of
the type that can readily be sold to the public generally, the
vehicle shall be conveyed to a licensed dismantler or donated to an
eleemosynary institution. License plates shall be removed from any
vehicle conveyed to a dismantler pursuant to this subdivision.
(l) No vehicle shall be sold pursuant to this section if the
impounding agency determines the vehicle to have been stolen. In
this event, the vehicle may be claimed by the registered owner at any
time after impoundment, providing the vehicle registration is
current and the registered owner has no outstanding traffic
violations or parking penalties on his or her driving record or on
the registration record of any vehicle registered to the person. If
the identity of the legal
and registered owners of the vehicle cannot be reasonably
ascertained, the vehicle may be sold.
(m) Any owner of a vehicle who suffers any loss due to the
impoundment or forfeiture of any vehicle pursuant to this section may
recover the amount of the loss from the unlicensed, suspended, or
revoked driver. If possession of a vehicle has been tendered to a
business establishment in good faith, and an unlicensed driver
employed or otherwise directed by the business establishment is the
cause of the impoundment of the vehicle, a registered owner of the
impounded vehicle may recover damages for the loss of use of the
vehicle from the business establishment.
(n) (1) The impounding agency, if requested to do so not later
than 10 days after the date the vehicle was impounded, shall provide
the opportunity for a poststorage hearing to determine the validity
of the storage to the persons who were the registered and legal
owners of the vehicle at the time of impoundment, except that the
hearing shall be requested within three days after the date the
vehicle was impounded if personal service was provided to a
registered owner pursuant to paragraph (2) of subdivision (e) and no
mailed notice is required.
(2) The poststorage hearing shall be conducted not later than two
days after the date it was requested. The impounding agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle. Failure of either the registered or legal owner to
request a hearing as provided in paragraph (1) or to attend a
scheduled hearing shall satisfy the poststorage hearing requirement.
(3) The agency employing the person who directed the storage is
responsible for the costs incurred for towing and storage if it is
determined that the driver at the time of impoundment had a valid
driver's license.
(o) As used in this section, "days" means workdays not including
weekends and holidays.
(p) Charges for towing and storage for any vehicle impounded
pursuant to this section shall not exceed the normal towing and
storage rates for other vehicle towing and storage conducted by the
impounding agency in the normal course of business.
(q) The Judicial Council and the Department of Justice may
prescribe standard forms and procedures for implementation of this
section to be used by all jurisdictions throughout the state.
(r) The impounding agency may act as the agent of the state in
carrying out this section.
(s) No vehicle shall be impounded pursuant to this section if the
driver has a valid license but the license is for a class of vehicle
other than the vehicle operated by the driver.
(t) This section does not apply to vehicles subject to Sections
14608 and 14609, if there has been compliance with the procedures in
those sections.
(u) As used in this section, "district attorney" includes a city
attorney charged with the duty of prosecuting misdemeanor offenses.
(v) The agent of a legal owner acting pursuant to subdivision (g)
shall be licensed, or exempt from licensure, pursuant to Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code.
SEC. 663. Section 27360 of the Vehicle Code is amended to read:
27360. (a) No parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, shall permit his or her child
or ward to be transported upon a highway in the motor vehicle without
providing and properly securing the child or ward, in a child
passenger restraint system meeting applicable federal motor vehicle
safety standards unless the child or ward is at least one of the
following:
(1) Six years of age or older.
(2) Weighs 60 pounds or more.
(b) No driver shall transport on a highway any child in a motor
vehicle, as defined in Section 27315, without providing and properly
securing the child in a child passenger restraint system meeting
applicable federal motor vehicle safety standards unless the child is
at least one of the following:
(1) Six years of age or older.
(2) Weighs 60 pounds or more.
This subdivision does not apply to a driver if the parent or legal
guardian of the child is also present in the vehicle and is not the
driver.
(c) (1) A first offense under this section is punishable by a fine
of one hundred dollars ($100), except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced,
the court shall report the conviction to the department pursuant to
Section 1803.
The court may, at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
(2) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced,
the court shall report the conviction to the department pursuant to
Section 1803.
The court may, at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
(d) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
(1) Sixty percent to health departments of local jurisdictions, as
defined in Section 16700 of the Welfare and Institutions Code, where
the violation occurred, to be used for a community education program
that includes, but is not limited to, demonstration of the
installation of a child passenger restraint system for children of
all ages and also assists economically disadvantaged families in
obtaining those restraint systems through low-cost purchases or
loans. The county or city health department shall designate a
coordinator to facilitate the creation of a special account and to
develop a relationship with the municipal
superior court system to facilitate the
transfer of funds to the program. The county or city may contract
for the implementation of the program. Prior to obtaining possession
of a child passenger restraint system pursuant to this section, a
person shall attend an education program that includes demonstration
of proper installation and use of child passenger restraint systems.
As the proceeds from fines become available, county or city health
departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county or city shall forward the
listing to the Office of Traffic Safety in the Business,
Transportation and Housing Agency and the courts, birthing centers,
community child health and disability prevention programs, county
clinics, prenatal clinics, women, infants, and children programs, and
county hospitals in that county, who shall make the listing
available to the public. The Office of Traffic Safety shall maintain
a listing of all of the programs in the state.
(2) Twenty-five percent to the county or city for the
administration of the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
(e) This section shall become operative on January 1, 2002.
SEC. 664. Section 27362 of the Vehicle Code is amended to read:
27362. (a) No manufacturer, wholesaler, or retailer shall sell,
offer for sale, or install in any motor vehicle any child passenger
restraint system not conforming to all applicable federal motor
vehicle safety standards on the date of sale or installation.
Responsibility for compliance with this section shall rest with the
individual selling, offering for sale, or installing the system.
Every person who violates this section is guilty of a misdemeanor and
shall be punished as follows:
(1) Upon a first conviction, by a fine not exceeding four hundred
dollars ($400) or by imprisonment in the county jail for a period of
not more than 90 days, or both.
(2) Upon a second or subsequent conviction, by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment in the
county jail for a period of not more than 180 days, or both.
(b) The fines collected for a violation of this section shall be
allocated as follows:
(1) Sixty percent to county health departments where the violation
occurred, to be used for a child passenger restraint low-cost
purchase or loaner program which shall include, but not be limited
to, education on the proper installation and use of a child passenger
restraint system. The county health department shall designate a
coordinator to facilitate the creation of a special account and to
develop a relationship with the municipal
superior court system to facilitate the
transfer of funds to the program. The county may contract for the
implementation of the program. Prior to obtaining possession of a
child passenger restraint system pursuant to this section, a person
shall receive information relating to the importance of utilizing
that system.
As the proceeds from fines become available, county health
departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county shall forward the listing to
the Office of Traffic Safety in the Business, Transportation and
Housing Agency and the courts, birthing centers, community child
health and disability prevention programs, and county hospitals in
that county, who shall make the listing available to the public. The
Office of Traffic Safety shall maintain a listing of all of the
programs in the state.
(2) Twenty-five percent to the county for the administration of
the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
SEC. 665. Section 40230 of the Vehicle Code is amended to read:
40230. (a) Within 30 calendar days after the mailing or personal
delivery of the final decision described in subdivision (b) of
Section 40215, the contestant may seek review by filing an appeal to
be heard by the municipal court, or by the
superior court in a county in which there is no municipal
court , where the same shall be heard de novo, except that
the contents of the processing agency's file in the case shall be
received in evidence. A copy of the notice of parking violation or,
if the citation was issued electronically, a true and correct
abstract containing the information set forth in the notice of
parking violation shall be admitted into evidence as prima facie
evidence of the facts stated therein. A copy of the notice of appeal
shall be served in person or by first-class mail upon the processing
agency by the contestant. For purposes of computing the
30-calendar-day period, Section 1013 of the Code of Civil Procedure
shall be applicable. A proceeding under this subdivision is a
limited civil case.
(b) The Notwithstanding Section 72055 of
the Government Code, the fee for filing the notice of appeal is
twenty-five dollars ($25). The court shall request that the
processing agency's file on the case be forwarded to the court, to be
received within 15 calendar days of the request. The court shall
notify the contestant of the appearance date by mail or personal
delivery. The court shall retain the twenty-five dollar ($25) fee
regardless of the outcome of the appeal. If the court finds in favor
of the contestant, the amount of the fee shall be reimbursed to the
contestant by the processing agency. Any deposit of parking penalty
shall be refunded by the processing agency in accordance with the
judgment of the court.
(c) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the parking penalty has not been deposited and the decision
is against the contestant, the processing agency shall, after the
decision becomes final, proceed to collect the penalty pursuant to
Section 40220.
SEC. 666. Section 40256 of the Vehicle Code is amended to read:
40256. (a) Within 20 days after the mailing of the final decision
described in subdivision (b) of Section 40255, the contestant may
seek review by filing an appeal to the municipal court, or
to the superior court in a county in which there
is no municipal court , where the same shall be heard de
novo, except that the contents of the processing agency's file in the
case on appeal shall be received in evidence. A copy of the notice
of toll evasion violation shall be admitted into evidence as prima
facie evidence of the facts stated therein. A copy of the notice of
appeal shall be served in person or by first-class mail upon the
processing agency by the contestant. For purposes of computing the
20-day period, Section 1013 of the Code of Civil Procedure shall be
applicable. A proceeding under this subdivision is a limited civil
case.
(b) The Notwithstanding Section 72055 of
the Government Code, the fee for filing the notice of appeal
shall be twenty-five dollars ($25). If the appellant prevails, this
fee, together with any deposit of toll evasion penalty, shall be
promptly refunded by the processing agency in accordance with the
judgment of the court.
(c) The conduct of the hearing on appeal under this section is a
subordinate judicial duty which may be performed by commissioners and
other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the toll evasion penalty has not been deposited and the
decision is adverse to the contestant, the processing agency may,
promptly after the decision becomes final, proceed to collect the
penalty under Section 40267.
SEC. 667. Section 40502 of the Vehicle Code is amended to read:
40502. The place specified in the notice to appear shall be any
of the following:
(a) Before a magistrate within the county in which the offense
charged is alleged to have been committed and who has jurisdiction of
the offense and is nearest or most accessible with reference to the
place where the arrest is made.
(b) Upon demand of the person arrested, before a judge or other
magistrate having jurisdiction of the offense at the county seat of
the county in which the offense is alleged to have been committed.
This subdivision applies only if the person arrested resides, or the
person's principal place of employment is located, closer to the
county seat than to the court or other magistrate nearest or most
accessible to the place where the arrest is made.
(c) Before a person authorized to receive a deposit of bail.
The clerk and deputy clerks of the municipal court or of
the superior court in a county in which there is
no municipal court are persons authorized to receive bail
in accordance with a schedule of bail approved by the judges of
those courts that court .
(d) Before the juvenile court, a juvenile court referee, or a
juvenile traffic hearing officer within the county in which the
offense charged is alleged to have been committed, if the person
arrested appears to be under the age of 18 years. The juvenile court
shall by order designate the proper person before whom the
appearance is to be made.
In a county that has implemented the provisions of Section 603.5
of the Welfare and Institutions Code, if the offense alleged to have
been committed by a minor is classified as an infraction under this
code, or is a violation of a local ordinance involving the driving,
parking, or operation of a motor vehicle, the citation shall be
issued as provided in subdivision (a), (b), or (c); provided,
however, that if the citation combines an infraction and a
misdemeanor, the place specified shall be as provided in subdivision
(d).
If the place specified in the notice to appear is within a
judicial district or city and county where a
department of the municipal court, or of the
superior court in a county in which there is no municipal
court, is to hold a night session within a period of not
more than 10 days after the arrest, the notice to appear shall
contain, in addition to the above, a statement notifying the person
arrested that the person may appear before such a night session of
the court.
SEC. 668. Section 40506.5 of the Vehicle Code is amended to read:
40506.5. Prior to the date upon which the defendant promised to
appear and without depositing bail, the defendant may request a
continuance of the written promise to appear. The judge of
a municipal court or of a A judge of the
superior court in a county in which there is no municipal
court may authorize the clerk to grant the continuance.
SEC. 669. Section 40508.6 of the Vehicle Code is amended to read:
40508.6. The Legislature hereby authorizes the
establishment of the following program, to be implemented in any
county, upon the adoption of a resolution by the board of supervisors
authorizing it. For the superior court and each municipal court
district in the county, a board of supervisors The
superior court in any county may establish administrative
assessments, not to exceed ten dollars ($10), for clerical and
administrative costs incurred for the following activities:
(a) An assessment for the cost of recording and maintaining a
record of the defendant's prior convictions for violations of this
code. The assessment shall be payable at the time of payment of a
fine or when bail is forfeited for any subsequent violations of this
code other than parking, pedestrian, or bicycle violations.
(b) An assessment for all defendants whose driver's license or
automobile registration is attached or restricted pursuant to Section
40509 or 40509.5, to cover the cost of notifying the Department of
Motor Vehicles of the attachment or restriction.
SEC. 670. Section 42003 of the Vehicle Code is amended to read:
42003. (a) A judgment that a person convicted of an infraction be
punished by a fine may also provide for the payment to be made
within a specified time or in specified installments. A judgment
granting a defendant time to pay the fine shall order that if the
defendant fails to pay the fine or any installment thereof on the
date that it is due, he or she shall appear in court on that date for
further proceedings. Willful violation of the order is punishable
as contempt.
(b) A judgment that a person convicted of any other violation of
this code be punished by a fine may also order, adjudge, and decree
that the person be imprisoned until the fine is satisfied. In all of
these cases, the judgment shall specify the extent of the
imprisonment which shall not exceed one day for every thirty dollars
($30) of the fine, nor extend in this case beyond the term for which
the defendant might be sentenced to imprisonment for the offense of
which he or she was convicted.
(c) In any case when a person appears before a traffic referee or
judge of the municipal court or superior court for
adjudication of a violation of this code, the court, upon request of
the defendant, shall consider the defendant's ability to pay.
Consideration of a defendant's ability to pay may include his or her
future earning capacity. A defendant shall bear the burden of
demonstrating lack of his or her ability to pay. Express findings by
the court as to the factors bearing on the amount of the fine shall
not be required. The reasonable cost of these services and of
probation shall not exceed the amount determined to be the actual
average cost thereof. The court shall order the defendant to appear
before a county officer designated by the court to make an inquiry
into the ability of the defendant to pay all or a portion of those
costs or the court or traffic referee may make this determination at
a hearing. At that hearing, the defendant shall be entitled to have,
but shall not be limited to, the opportunity to be heard in person,
to present witnesses and other documentary evidence, to confront and
cross-examine adverse witnesses, to disclosure of the evidence
against him or her, and to a written statement of the findings of the
court or the county officer. If the court determines that the
defendant has the ability to pay all or part of the costs, the court
shall set the amount to be reimbursed and order the defendant to pay
that sum to the county in the manner in which the court believes
reasonable and compatible with the defendant's financial ability; or,
with the consent of a defendant who is placed on probation, the
court shall order the probation officer to set the amount of payment,
which shall not exceed the maximum amount set by the court, and the
manner in which the payment shall be made to the county. In making a
determination of whether a defendant has the ability to pay, the
court shall take into account the amount of any fine imposed upon the
defendant and any amount the defendant has been ordered to pay in
restitution.
The court may hold additional hearings during the probationary
period. If practicable, the court or the probation officer shall
order payments to be made on a monthly basis. Execution may be
issued on the order in the same manner as a judgment in a civil
action. The order to pay all or part of the costs shall not be
enforced by contempt.
A payment schedule for reimbursement of the costs of presentence
investigation based on income shall be developed by the probation
department of each county and approved by the presiding
judges of the municipal and superior courts judge of
the superior court .
(d) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the presentence
report, and probation, and includes, but is not limited to, all of
the following regarding the defendant:
(1) Present financial position.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than six months from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
(3) Likelihood that the defendant will be able to obtain
employment within the six-month period from the date of the hearing.
(4) Any other factors that may bear upon the defendant's financial
capability to reimburse the county for the costs.
(e) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the rendering court to modify
or vacate its previous judgment on the grounds of a change of
circumstances with regard to the defendant's ability to pay the
judgment. The court shall advise the defendant of this right at the
time of rendering of the judgment.
SEC. 671. Section 42008 of the Vehicle Code is amended to read:
42008. (a) Any county may operate an amnesty program for
delinquent fines and bail imposed for an infraction or misdemeanor
violation of the Vehicle Code, except parking violations of the
Vehicle Code and violations of Section 23103, 23104, 23152, or 23153.
The program shall be implemented by the courts in accordance with
Judicial Council guidelines, and shall apply to infraction or
misdemeanor violations of the Vehicle Code, except parking
violations, upon which a fine or bail was delinquent on or before
April 1, 1991.
(b) Under the amnesty program, any person owing a fine or bail due
on or before April 1, 1991, that was imposed for an infraction or
misdemeanor violation of the Vehicle Code, except violations of
Section 23103, 23104, 23152, or 23153 or parking violations, may pay
to the municipal court or to the superior court
in a county in which there is no municipal court
the amount scheduled by the court, which shall be either (1) 70
percent of the total fine or bail
or (2) the amount of one hundred dollars ($100) for an
infraction or five hundred dollars ($500) for a misdemeanor. This
amount shall be accepted by the court in full satisfaction of the
delinquent fine or bail.
(c) No criminal action shall be brought against any person for a
delinquent fine or bail paid under this amnesty program and no other
additional penalties shall be assessed for the late payment of the
fine or bail made under the amnesty program.
(d) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program created by this section shall be deposited in the county
treasury.
SEC. 672. Section 42008.5 of the Vehicle Code is amended to read:
42008.5. (a) A county may establish a one-time amnesty program
for fines and bail that have been delinquent for not less than six
months as of the date upon which the program commences and were
imposed for an infraction or misdemeanor violation of this code,
except parking violations of this code and violations of Section
23103, 23104, 23152, or 23153.
(b) Any person owing a fine or bail that is eligible for amnesty
under the program may pay to the municipal
superior or juvenile court the amount scheduled by the court,
which shall be accepted by the court in full satisfaction of the
delinquent fine or bail and shall be either of the following:
(1) Seventy percent of the total fine or bail.
(2) The amount of one hundred dollars ($100) for an infraction or
five hundred dollars ($500) for a misdemeanor.
(c) The amnesty program shall be implemented by the courts of the
county on a one-time basis and conducted in accordance with Judicial
Council guidelines for a period of not less than 120 days. The
program shall operate not longer than six months from the date the
court initiates the program.
(d) No criminal action shall be brought against any person for a
delinquent fine or bail paid under the amnesty program and no other
additional penalties, except as provided in Section 1214.1 of the
Penal Code, shall be assessed for the late payment of the fine or
bail made under the amnesty program.
(e) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program shall be deposited in the county treasury until 150 percent
of the cost of operating the program, excluding capital expenditures,
have been so deposited. Thereafter, 37 percent of the amount of the
delinquent fines and bail deposited in the county treasury shall be
distributed by the county pursuant to Section 1464 of the Penal Code,
26 percent of the amount deposited shall be distributed by the
county pursuant to Article 2 (commencing with Section 76100) of
Chapter 12 of Title 8 of the Government Code, and the remaining 37
percent of the amount deposited shall be retained by the county.
(f) The deposit of fines and bails in the county treasury as
described in subdivision (e) is limited to the amnesty program
described in this section, and it is the intent of the Legislature
that it shall not be considered a precedent with respect to affecting
programs that receive funding pursuant to Section 1463 of the Penal
Code.
(g) Each county participating in the program shall file, not later
than six months after the termination of the program, a written
report with the Assembly Committee on Judiciary and the Senate
Committee on Judiciary. The report shall summarize the amount of
money collected, operating costs of the program, distribution of
funds collected, and when possible, how the funds were expended.
SEC. 673. Section 42203 of the Vehicle Code is amended to read:
42203. Notwithstanding Section 42201 or 42201.5, 50 percent of
all fines and forfeitures collected in a municipal court, or
in a superior court in a county in which there is
no municipal court, upon conviction or upon the forfeiture
of bail for violations of any provisions of the Vehicle Code, or of
any local ordinance or resolution, relating to stopping, standing, or
parking a vehicle, that have occurred upon the premises of
facilities physically located in such county, but which are owned by
another county, which other county furnishes law enforcement
personnel for the premises, shall be transmitted pursuant to this
section to the county which owns the facilities upon which the
violations occurred. The court receiving such moneys shall, once
each month, transmit such moneys received in the preceding month to
the county treasurer of the county in which the court is located.
Once each month in which the county treasurer receives such moneys,
the county treasurer shall transmit to the county which owns such
facilities an amount equal to 50 percent thereof. The county owning
such facilities shall, upon receipt of such moneys from the
municipal court or superior court of the county in which
the facilities are physically located, deposit such moneys in its
county treasury for use solely in meeting traffic control and law
enforcement expenses on the premises upon which the violations
occurred.
This section shall not apply when the county in which such
facilities are located performs all law enforcement functions with
respect to such facilities.
SEC. 674. Section 310 of the Water Code is amended to read:
310. All prosecutions for the violation of any of the provisions
of this article shall be instituted in the municipal
superior court of the county in which the well
is situated , or in the superior court in a county in which
there is no municipal court .
SEC. 675. Section 246 of the Welfare and Institutions Code is
amended to read:
246. In counties having more than one judge of the
superior court, the The presiding judge of
such the superior court or the
senior judge if there is no presiding judge shall
annually, in the month of January, designate one or more judges of
the superior court to hear all cases under this
chapter during the ensuing year, and he shall,
from time to time, designate such additional judges as may be
necessary for the prompt disposition of the judicial business before
the juvenile court.
In all counties where more than one judge is designated as a judge
of the juvenile court, the presiding judge of the superior court
shall also designate one such judge as presiding judge of the
juvenile court.
SEC. 676. Section 247 of the Welfare and Institutions Code is
repealed.
247. The judge of the juvenile court, or in counties having more
than one judge of the juvenile court, the presiding judge of the
juvenile court or the senior judge if there is no presiding judge,
may appoint one or more referees to serve on a full-time or part-time
basis. A referee shall serve at the pleasure of the appointing
judge, and unless the appointing judge makes his order terminating
the appointment of a referee, such referee shall continue to serve as
such until the appointment of his successor. Except as otherwise
provided by law, the amount and rate of compensation to be paid
referees shall be fixed by the board of supervisors. Every referee
first appointed on or after January 1, 1977, shall have been admitted
to practice law in this state and, in addition, shall have been
admitted to practice law in this state for a period of not less than
five years or in any other state and this state for a combined period
of not less than 10 years. Nothing in this section shall be
construed to apply to the qualifications of any referee first
appointed prior to January 1, 1977.
SEC. 677. Section 255 of the Welfare and Institutions Code is
amended to read:
255. The judge of the juvenile court, or in counties
having more than one judge of the juvenile court the presiding judge
of the juvenile court or the senior judge if there is no presiding
judge, court may appoint as subordinate
judicial officers one or more persons of suitable experience,
who may be judges of the municipal court, or of the superior
court in a county in which there is no municipal court, or
a probation officer or assistant or deputy probation officers, to
serve as juvenile hearing officers on a full-time or part-time basis.
A hearing officer shall serve at the pleasure of the
appointing judge court , and unless the
appointing judge court makes his or her
an order terminating the appointment of a
hearing officer, the hearing officer shall continue to serve until
the appointment of his or her successor. The board of
supervisors court shall determine whether any
compensation shall be paid to hearing officers, not otherwise
employed by a public agency or holding another public office, and
shall establish the amounts and rates thereof. An appointment of a
probation officer, assistant probation officer, or deputy probation
officer as a juvenile hearing officer may be made only with the
consent of the probation officer. A juvenile court shall be known as
the Informal Juvenile and Traffic Court when a hearing officer
appointed pursuant to this section hears a case specified in Section
256.
SEC. 678. Section 270 of the Welfare and Institutions Code is
amended to read:
270. Except as provided in Section 69906
69906.5 of the Government Code, there shall be in each county
the offices of probation officer, assistant probation officer, and
deputy probation officer. A probation officer shall be appointed in
every county.
Probation officers in any county shall be nominated by the
juvenile justice commission or regional juvenile justice commission
of such county in such manner as the judge of the juvenile court in
that county shall direct, and shall then be appointed by such judge.
The probation officer may appoint as many deputies or assistant
probation officers as he the probation
officer desires; but such deputies or assistant probation
officers shall not have authority to act until their appointments
have been approved by a majority vote of the members of the juvenile
justice commission, and by the judge of the juvenile court. The term
of office of each such deputy or assistant probation officer shall
expire with the term of the probation officer who appointed
him the deputy or assistant probation officer ,
but the probation officer, with the written approval of the majority
of the members of the juvenile justice commission and of the judge of
the juvenile court, may, in his the
probation officer's discretion, revoke and terminate any such
appointment at any time.
Probation officers may at any time be removed by the judge of the
juvenile court for good cause shown; and the judge of the juvenile
court may in his the judge's discretion
at any time remove any such probation officer with the written
approval of a majority of the members of the juvenile justice
commission.
SEC. 679. Section 601.4 of the Welfare and Institutions Code is
amended to read:
601.4. (a) The juvenile court judge may be assigned to sit
as a municipal court judge, or as a superior court
judge in a county in which there is no municipal court,
to hear any complaint alleging that a parent, guardian, or
other person having control or charge of a minor has violated Section
48293 of the Education Code. The jurisdiction of the juvenile court
granted by this section shall not be exclusive and the charge may be
prosecuted instead in a municipal court, or in a
superior court in a county in which there is no municipal
court . However, upon motion, that action shall be
transferred to the juvenile court.
(b) Notwithstanding Section 737 of the Penal Code, a violation of
Section 48293 of the Education Code may be prosecuted pursuant to
subdivision (a), by written complaint filed in the same manner as an
infraction may be prosecuted. The juvenile court judge, sitting
as a municipal court judge or as a superior court
judge in a county in which there is no municipal court
, may coordinate the action involving the minor with any
action involving the parent, guardian, or other person having control
or charge of the minor. Both matters may be heard and decided at
the same time unless the parent, guardian, other person having
control or charge of the minor, or any member of the press or public
objects to a closed hearing of the proceedings charging violation of
Section 48293 of the Education Code.
SEC. 680. Section 603.5 of the Welfare and Institutions Code is
amended to read:
603.5. (a) Notwithstanding any other provision of law, in
counties which adopt the provisions of this section, jurisdiction
over the case of a minor alleged to have committed only a violation
of the Vehicle Code classified as an infraction or a violation of a
local ordinance involving the driving, parking, or operation of a
motor vehicle, is with the municipal court or the
superior court in a county in which there is no municipal
court , except that the court may refer to the juvenile
court for adjudication, cases involving a minor who has been
adjudicated a ward of the juvenile court, or who has other matters
pending in the juvenile court.
(b) The cases specified in subdivision (a) shall not be governed
by the procedures set forth in the juvenile court law.
(c) Any provisions of juvenile court law requiring that
confidentiality be observed as to cases and proceedings, prohibiting
or restricting the disclosure of juvenile court records, or
restricting attendance by the public at juvenile court proceedings
shall not apply. The procedures for bail specified in Chapter 1
(commencing with Section 1268) of Title 10 of Part 2 of the Penal
Code shall apply.
(d) The provisions of this section shall apply in a county in
which the trial courts make the section applicable as to any matters
to be heard and the court has determined that there is available
funding for any increased costs.
SEC. 681. Section 656 of the Welfare and Institutions Code is
amended to read:
656. A petition to commence proceedings in the juvenile court to
declare a minor a ward of the court shall be verified and shall
contain all of the following:
(a) The name of the court to which it is addressed.
(b) The title of the proceeding.
(c) The code section and subdivision under which the proceedings
are instituted.
(d) The name, age, and address, if any, of the minor upon whose
behalf the petition is brought.
(e) The names and residence addresses, if known to the petitioner,
of both of the parents and any guardian of the minor. If there is
no parent or guardian residing within the state, or if his or her
place of residence is not known to the petitioner, the petition shall
also contain the name and residence address, if known, of any adult
relative residing within the county, or, if there are none, the adult
relative residing nearest to the location of the court.
(f) A concise statement of facts, separately stated, to support
the conclusion that the minor upon whose behalf the petition is being
brought is a person within the definition of each of the sections
and subdivisions under which the proceedings are being instituted.
(g) The fact that the minor upon whose behalf the petition is
brought is detained in custody or is not detained in custody, and if
he or she is detained in custody, the date and the precise time the
minor was taken into custody.
(h) A notice to the father, mother, spouse, or other person liable
for support of the minor child, that: (1) Section 903 may make that
person, the estate of that person, and the estate of the minor
child, liable for the cost of the care, support, and maintenance of
the minor child in any county institution or any other place in which
the child is placed, detained, or committed pursuant to an order of
the juvenile court; (2) Section 903.1 may make that person, the
estate of that person, and the estate of the minor child, liable for
the cost to the county of legal services rendered to the minor by a
private attorney or a public defender appointed pursuant to the order
of the juvenile court; (3) Section 903.2 may make that person, the
estate of that person, and the estate of the minor child, liable for
the cost to the county of the probation supervision of the minor
child by the probation officer pursuant to the order of the juvenile
court; and (4) the liabilities established by these sections are
joint and several.
(i) In a proceeding alleging that the minor comes within Section
601, notice to the parent, guardian, or other person having control
or charge of the minor that failure to comply with the compulsory
school attendance laws is an infraction, which may be charged and
prosecuted before the juvenile court judge sitting as a
municipal court judge or as a superior court judge
in a county in which there is no municipal court . In
those cases, the petition shall also include notice that the parent,
guardian, or other person having control or charge of the minor has
the right to a hearing on the infraction before a judge different
than the judge who has heard or is to hear the proceeding pursuant to
Section 601. The notice shall explain the provisions of Section
170.6 of the Code of Civil Procedure.
(j) If a proceeding is pending against a minor child for a
violation of Section 594.2, 640.5, 640.6, or 640.7 of the Penal Code,
a notice to the parent or legal guardian of the minor that if the
minor is found to have violated either or both of these provisions
that (1) any community service which may be required of the minor may
be performed in the presence, and under the direct supervision, of
the parent or legal guardian pursuant to either or both of these
provisions, and (2) if the minor is personally unable to pay any fine
levied for the violation of either or both of these provisions, that
the parent or legal guardian of the minor shall be liable for
payment of the fine pursuant to those sections.
(k) A notice to the parent or guardian of the minor that if the
minor is ordered to make restitution to the victim pursuant to
Section 729.6, as operative on or before August 2, 1995, Section
731.1, as operative on or before August 2, 1995, or Section 730.6, or
to pay fines or penalty assessments, the parent or guardian may be
liable for the payment of restitution, fines, or penalty assessments.
SEC. 682. Section 661 of the Welfare and Institutions Code is
amended to read:
661. In addition to the notice provided in Sections 658 and 659,
the juvenile court may issue its citation directing any parent,
guardian, or foster parent of the person concerning whom a petition
has been filed to appear at the time and place set for any hearing or
financial evaluation under the provisions of this chapter, including
a hearing under the provisions of Section 257, and directing any
person having custody or control of the minor concerning whom the
petition has been filed to bring the minor with him or her. The
notice shall in addition state that a parent, guardian, or foster
parent may be required to participate in a counseling or education
program with the minor concerning whom the petition has been filed.
If the proceeding is one alleging that the minor comes within the
provisions of Section 601, the notice shall in addition contain
notice to the parent, guardian, or other person having control or
charge of the minor that failure to comply with the compulsory school
attendance laws is an infraction, which may be charged and
prosecuted before the juvenile court judge sitting as a
municipal court judge or as a superior court judge
in a county in which there is no municipal court . In
those cases, the notice shall also include notice that the parent,
guardian, or other person having control or charge of the minor has
the right to a hearing on the infraction before a judge different
than the judge who has heard or is to hear the proceeding pursuant to
Section 601. The notice shall explain the provisions of Section
170.6 of the Code of Civil Procedure. Personal service of the
citation shall be made at least 24 hours before the time stated
therein for the appearance.
SEC. 683. Section 742.16 of the Welfare and Institutions Code is
amended to read:
742.16. (a) If a minor is found to be a person described in
Section 602 by reason of the commission of an act prohibited by
Section 594, 594.3, 594.4, 640.5, 640.6 or 640.7 of the Penal Code,
and the court does not remove the minor from the physical custody of
the parent or guardian, the court as a condition of probation, except
in any case in which the court makes a finding and states on the
record its reasons why that condition would be inappropriate, shall
require the minor to wash, paint, repair, or replace the property
defaced, damaged, or destroyed by the minor or otherwise pay
restitution to the probation officer of the county for disbursement
to the owner or possessor of the property or both. In any case in
which the minor is not granted probation or in which the minor's
cleanup, repair, or replacement of the property will not return the
property to its condition before it was defaced, damaged, or
destroyed, the court shall make a finding of the amount of
restitution that would be required to fully compensate the owner and
possessor of the property for their damages. The court shall order
the minor or the minor's estate to pay that restitution to the
probation officer of the county for disbursement to the owner or
possessor of the property or both, to the extent the court determines
that the minor or the minor's estate have the ability to do so,
except in any case in which the court makes a finding and states on
the record its reasons why full restitution would be inappropriate.
If full restitution is found to be inappropriate, the court shall
require the minor to perform specified community service, except in
any case in which the court makes a finding and states on the record
its reasons why that condition would be inappropriate.
(b) If a minor is found to be a person described in Section 602 by
reason of the commission of an act prohibited by Section 594, 594.3,
594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or
other material inscribed by the minor has been removed, or the
property defaced by the minor has been repaired or replaced by a
public entity that has elected, pursuant to Section 742.14, to have
the probation officer of the county recoup its costs through
proceedings in accordance with this section and has made cost
findings in accordance with subdivisions (c) or (d) of Section
742.14, the court shall determine the total cost incurred by the
public entity for said removal, repair, or replacement, using, if
applicable, the cost findings most recently adopted by the public
entity pursuant to subdivision (c) or (d) of Section 742.14. The
court shall order the minor or the minor's estate to pay those costs
to the probation officer of the county to the extent the court
determines that the minor or the minor's estate have the ability to
do so.
(c) If the minor is found to be a person described in Section 602
by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code and the minor
was identified or apprehended by the law enforcement agency of a city
or county that has elected, pursuant to Section 742.14, to have the
probation officer of the county recoup its costs through proceedings
in accordance with this section, the court shall determine the cost
of identifying or apprehending the minor, or both, using, if
applicable, the cost findings adopted by the city or county pursuant
to subdivision (b) of Section 742.14. The court shall order the
minor or the minor's estate to pay those costs to the probation
officer of the county to the extent the court determines that the
minor or the minor's estate have the ability to do so.
(d) If the court determines that the minor or the minor's estate
is unable to pay in full the costs and damages determined pursuant to
subdivisions (a), (b), and (c), and if the minor's parent or parents
have been cited into court pursuant to Section 742.18, the court
shall hold a hearing to determine the liability of the minor's parent
or parents pursuant to Section 1714.1 of the Civil Code for those
costs and damages. Except when the court makes a finding setting
forth unusual circumstances in which parental liability would not
serve the interests of justice, the court shall order the minor's
parent or parents to pay those costs and damages to the probation
officer of the county to the extent the court determines that the
parent or parents have the ability to pay, if the minor was in the
custody or control of the parent or parents at the time he or she
committed the act that forms the basis for the finding that the minor
is a person described in Section 602. In evaluating the parent's or
parents' ability to pay, the court shall take into consideration the
family income, the necessary obligations of the family, and the
number of persons dependent upon this income.
(e) The hearing described in subdivision (d) may be held
immediately following the disposition hearing or at a later date, at
the option of the court.
(f) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) is five thousand dollars
($5,000) or less, the parent or parents may not be represented by
counsel and the probation officer of the county shall be represented
by his or her nonattorney designee. The court shall conduct such a
hearing in accordance with Sections 116.510 and 116.520 of the Code
of Civil Procedure. Notwithstanding the foregoing, if the court
determines that a parent cannot properly present his or her defense,
the court may, in its discretion, allow another individual to assist
that parent. In addition, a husband or wife may appear and
participate in the hearing on behalf of his or her spouse if the
representative's spouse has given his or her consent and the court
determines that the interest of justice would be served thereby.
(g) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) exceeds five thousand dollars
($5,000), the parent or parents may be represented by counsel of his
or her or their own choosing, and the probation officer of the
county shall be represented by
the district attorney or an attorney or nonattorney designee
of the probation officer. The parent or parents shall not be
entitled to court-appointed counsel or to counsel compensated at
public expense.
(h) At the hearing conducted pursuant to subdivision (d), there
shall be a presumption affecting the burden of proof that the
findings of the court made pursuant to subdivisions (a), (b), and (c)
represent the actual damages and costs attributable to the act of
the minor that forms the basis of the finding that the minor is a
person described in Section 602.
(i) If the parent or parents, after having been cited to appear
pursuant to Section 742.18, fail to appear as ordered, the court
shall order the parent or parents to pay the full amount of the costs
and damages determined by the court pursuant to subdivisions (a),
(b), and (c).
(j) Execution may be issued on an order issued by the court
pursuant to this section in the same manner as on a judgment in a
civil action, including any balance unpaid at the termination of the
court's jurisdiction over the minor.
(k) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the showing of a change in circumstances relating to his
or her ability to pay the judgment.
(l) For purposes of a hearing conducted pursuant to subdivision
(d), the judge of the juvenile court shall have the jurisdiction of a
judge of the municipal court or of the superior
court in a limited civil case, and where the amount of the demand is
five thousand dollars ($5,000) or less, the judge of the juvenile
court shall have the powers of a judge presiding over the small
claims court.
(m) Nothing in this section shall be construed to limit the
authority of a juvenile court to provide conditions of probation.
(n) The options available to the court pursuant to subdivisions
(a), (b), (c), (d), and (k), to order payment by the minor and his or
her parent or parents of less than the full costs described in
subdivisions (a), (b), and (c), on grounds of financial inability or
for reasons of justice, shall not be available to a
municipal superior court in an ordinary civil
proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil
Code, except that in any proceeding pursuant to either subdivision
(b) of Section 1714.1 of the Civil Code or this section, the maximum
amount that a parent or a minor may be ordered to pay shall not
exceed twenty thousand dollars ($20,000) for each tort of the minor.
SEC. 684. Section 872 of the Welfare and Institutions Code is
amended to read:
872. Where there is no juvenile hall in the county of residence
of minors, or when the juvenile hall becomes unfit or unsafe for
detention of minors, the presiding or sole juvenile court judge may,
with the recommendation of the probation officer of the sending
county and the consent of the probation officer of the receiving
county, by written order filed with the county
clerk of the court, designate the juvenile hall of any
county in the state for the detention of an individual minor for not
to exceed 60 days. The court may, at any time, modify or vacate the
order and shall require notice of the transfer to be given to the
parent or guardian. The county of residence of a minor so
transferred shall reimburse the receiving county for costs and
liability as agreed upon by the two counties in connection with the
order.
As used in this section, the terms "unfit" and "unsafe" shall
include a condition in which a juvenile hall is considered by the
juvenile court judge, the probation officer of that county, or the
Board of Corrections to be too crowded for the proper and safe
detention of minors.
SEC. 685. Section 1737 of the Welfare and Institutions Code is
amended to read:
1737. When a person has been committed to the custody of the
authority, if it is deemed warranted by a diagnostic study and
recommendation approved by the director, the judge who ordered the
commitment or, if the judge is not available, the presiding
or sole judge of the court, within 120 days of the date of
commitment on his or her own motion, or the court, at any time
thereafter upon recommendation of the director, may recall the
commitment previously ordered and resentence the person as if he or
she had not previously been sentenced. The time served while in
custody of the authority shall be credited toward the term of any
person resentenced pursuant to this section.
As used in this section, "time served while in custody of the
authority" means the period of time during which the person was
physically confined in a state institution by order of the Youth
Authority or the Youthful Offender Parole Board.
SEC. 686. Section 5205 of the Welfare and Institutions Code is
amended to read:
5205. The petition shall be in substantially the following form:
In the Superior Court of the State of California
for the County of ____________
__________________________________________
The People of the State of California No. ________
Concerning Petition for
__________________________________ and Evaluation
______________________________________
Respondents
__________________________________________
__________, residing at ________ (tel. ______), being duly
sworn, alleges: That there is now in the county, in the City
or Town of ____, a person named _____, who resides at ______,
and who is, as a result of mental disorder:
(1) A danger to others.
(2) A danger to himself.
(3) Gravely disabled as defined in subdivision (h) of
Section 5008 of the Welfare and Institutions Code (Strike
out all inapplicable classifications).
That the person is ______ years of age; that __ he
the
person is ____ (sex); and that __ he
the person is ____
(single, married, widowed, or divorced); and that ____
occupation is ____.
That the facts upon which the allegations of the petition
are based are as follows: That __ he
the person , at ____
in the county, on the ____ day of ____, 19
20 __, ___________
____________________________________________________________
____________________________________________________________
That petitioner's interest in the case is _______________
____________________________________________________________
That the person responsible for the care, support, and
maintenance of the person, and their relationship to the
person are, so far as known to the petitioner, as follows:
(Give names, addresses, and relationship of persons named as
respondents)
Wherefore, petitioner prays that evaluation be made to
determine the condition of __________, alleged, as a result
of mental disorder, to be a danger to others, or to himself,
or to be gravely disabled.
________________________________
Petitioner
Subscribed and sworn to before me this ____ day of ______
19 20 __.
_____________________, County
Clerk of
the Court
By ________________________ Deputy
SEC. 687. Section 6251 of the Welfare and Institutions Code is
amended to read:
6251. Wherever, on the basis of a petition, provision is made in
this code for issuing and delivering an order for examination and
detention directing that a person be apprehended and taken before a
judge of a superior court for a hearing and examination on an
allegation of being a person subject to judicial commitment, the
petition shall be in substantially the following form:
In the Superior Court of the State of California
For the County of ________
__________________________________________
The People )
For the Best Interest and Protection of )
_______________________________________ )
as a __________________________________ )
and Concerning ) Petition
___________________________________ and )
_______________________________________ )
Respondents )
__________________________________________)
_______, residing at _______ (tel. ______), being duly
sworn deposes and says: That there is now in the
county
in the City or Town of ____________________ a person
named ____, who resides at ____, and who is believed
to be a ____. That the person is ____ years of age;
that __ he the person is
____ (sex) and that __ he the person
is ____ (single, married, widowed, or divorced); and
that
____ occupation is ____.
That the facts because of which petitioner believes
that the person is a ____ are as follows: That __
he the
person , at ____ in the county, on the ____ day
of ____,
19 20 __,
________________________________________________
That petitioner's interest in and case is ____________
______________________________________________________
That petitioner believes that said person is ____ as
defined in Section ____.
That the persons responsible for the care, support,
and maintenance of the ____, and their relationship to
the person are, so far as known to the petitioner, as
follows: (Give names, addresses, and relationship of
persons named as respondents) Wherefore, petitioner
prays that examination be made to determine the state
of the mental health of ____, alleged to be ____, and
that such measures be taken for the best interest and
protection of said ____, in respect to his
the person's
supervision, care and treatment, as may be necessary
and provided by law.
________________________________
Petitioner
Subscribed and sworn to before me this ____ day of
________, 19 20 __.
__________________________, County
Clerk of the Court
By _______________________________ Deputy
SEC. 688. Section 14172 of the Welfare and Institutions Code is
amended to read:
14172. (a) Except as provided in subdivision (b), if any amount
is due and payable and unpaid as the result of an overpayment to a
provider of health care services, durable medical equipment, or
incontinence supplies identified through an audit or examination
conducted by or on behalf of the director, and the findings of the
audit or examination are completed and no appeal is taken or the
director has issued a final decision on the appeal pursuant to
Section 14171, and 90 days has elapsed from the completion of that
audit or examination or issuance of that final decision on appeal,
the director may, not later than three years after the payment became
due and owing, file in the office of the County
Clerk of the Superior Court of Sacramento County, and with
the county clerk of the superior court
of the county in which the provider has his
its principal place of business, a certificate containing the
following:
(1) Interest, as prescribed by Section 14171.
(2) A statement that the director has complied with this article
prior to the filing of the certificate.
(3) A request that judgment be entered against the provider in the
amount set forth in the certificate.
The county clerk immediately upon the filing of
the certificate shall enter a judgment for the State of California
against the provider in the amount set forth in the certificate. The
judgment may be filed by the county clerk in a
looseleaf book entitled "Health Care Overpayment Recovery Judgments."
(b) If the provider seeks judicial review of the final decision of
the director pursuant to subdivision (k) of Section 14171 and notice
of that action is properly served on the director within 90 days of
the issuance of the final decision of the director, the director
shall not file any certificate as provided in subdivision (a).
If the provider does not seek judicial review of the final
decision of the director pursuant to subdivision (k) of Section 14171
and does not properly serve notice within 90 days from the date of
the final decision of the director, the director may file the
certificate provided in subdivision (a). If the provider seeks
judicial review of the final decision of the director more than 90
days from the date of the decision in accordance with subdivision (k)
of Section 14171, the director shall within 10 days after receiving
notice of that action release any lien imposed pursuant to this
article and any judgment entered is for all purposes null and void.
SEC. 689. If a right, privilege, duty, authority, or status,
including, but not limited to, a qualification for office, salary
range, or employment benefit, is based on a provision of law repealed
by this act, and if a statute, order, rule of court, memorandum of
understanding, or other legally effective instrument provides that
the right, duty, authority, or status continues for a period beyond
the effective date of the repeal, that provision of law continues in
effect for that purpose, notwithstanding its repeal by this act.
SEC. 690. Nothing in this act is intended to change the extent to
which official reporter services or electronic reporting may be used
in the courts.
SEC. 691. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.