BILL NUMBER: SB 1112	CHAPTERED  10/05/01

	CHAPTER  542
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2001
	APPROVED BY GOVERNOR  OCTOBER 4, 2001
	PASSED THE SENATE  SEPTEMBER 13, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	AMENDED IN ASSEMBLY  JULY 17, 2001
	AMENDED IN ASSEMBLY  JULY 5, 2001
	AMENDED IN SENATE  MAY 16, 2001
	AMENDED IN SENATE  APRIL 3, 2001

INTRODUCED BY   Senator Polanco
   (Principal coauthor:  Senator Escutia)
   (Coauthors:  Assembly Members Shelley and Steinberg)

                        FEBRUARY 23, 2001

   An act to amend Sections 10, 12a, and 135 of the Code of Civil
Procedure, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1112, Polanco.   Courts:  judicial holidays.
   Existing law designates state holidays.  Existing law adopts those
state holidays, with the exception of Admission Day and Cesar Chavez
Day, as judicial holidays.
   This bill would include Cesar Chavez Day as a judicial holiday.
   Existing law defines holidays, for purposes of the Code of Civil
Procedure, to be state holidays, with specified exceptions.
   This bill would revise that definition of holidays, to reference,
instead, judicial holidays.
   Existing law provides that if the last day for the performance of
any act provided or required by law is a state holiday, excluding
Martin Luther King Day and Cesar Chavez Day, and including Admission
Day, then the period is extended to the next court day that is not a
holiday.
   This bill, instead, would provide that if the last day for the
performance of any act provided or required by law is a judicial
holiday, then the period is extended to the next court day that is
not a holiday.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 10 of the Code of Civil Procedure is amended to
read:
   10.  Holidays within the meaning of this code are every Sunday and
any other days that are specified or provided for as judicial
holidays in Section 135.
  SEC. 2.  Section 12a of the Code of Civil Procedure is amended to
read:
   12a.  (a) If the last day for the performance of any act provided
or required by law to be performed within a specified period of time
is a holiday, then that period is hereby extended to and including
the next day which is not a holiday. For purposes of this section,
"holiday" means all day on Saturdays, all holidays specified in
Section 135 and, to the extent provided in Section 12b, all days
which by terms of Section 12b are required to be considered as
holidays.
   (b) This section applies also to Sections 659, 659a, 946, and 974
to 982, inclusive, and the periods of time severally therein
prescribed or provided for, and to all other provisions of law,
however stated or wherever expressed, providing or requiring an act
to be performed on a particular day or within a specified period of
time.  The mention of these sections is not intended and shall not be
construed to exclude the application of this section to any other
provisions of law, whether the latter are expressed in this or any
other code or statute, ordinance, rule, or regulation.
  SEC. 3.  Section 135 of the Code of Civil Procedure is amended to
read:
   135.  Every full day designated as a holiday by Section 6700 of
the Government Code, including that Thursday of November declared by
the President to be Thanksgiving Day, is a judicial holiday, except
September 9, known as "Admission Day," and any other day appointed by
the President, but not by the Governor, for a public fast,
thanksgiving, or holiday.  If a judicial holiday falls on a Saturday
or a Sunday, the Judicial Council may designate an alternative day
for observance of the holiday.  Every Saturday and the day after
Thanksgiving Day is a judicial holiday.  Officers and employees of
the courts shall observe only the judicial holidays established
pursuant to this section.