BILL NUMBER: AB 2137	CHAPTERED  08/30/04

	CHAPTER  327
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2004
	APPROVED BY GOVERNOR  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 1, 2004
	AMENDED IN SENATE  JUNE 22, 2004

INTRODUCED BY   Assembly Member Steinberg

                        FEBRUARY 18, 2004

   An act to amend Sections 26726, 26731, and 26733.5 of the
Government Code, relating to law enforcement fees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2137, Steinberg.  Law enforcement fees.
   Existing law sets the fees that sheriffs shall charge and collect
for services performed by them.  These fees include fees for keeping
and caring for property under a writ of attachment, execution,
possession, or sale for serving a writ of possession of real property
on an occupant or the occupants or for posting and serving a copy on
the judgment debtor.
   This bill would increase these fees, as specified.
   Existing law requires that $5 of designated fees collected by the
sheriff's civil division or marshal shall be deposited in a special
fund in the county treasury to be used for specified purposes.
   This bill would increase that amount to $10.


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


  SECTION 1.  Section 26726 of the Government Code is amended to
read:
   26726.  (a) The fee for keeping and caring for property under a
writ of attachment, execution, possession, or sale shall be one
hundred twenty dollars ($120) when necessarily employed for any
eight-hour period or any part thereof.  If an additional keeper or
keepers are required during these periods, the fee for the additional
keeper or keepers shall be the same as fixed, but, in no event shall
any one keeper receive more than two hundred forty dollars ($240)
during any 24-hour period when so employed.
   (b) In addition to the fees provided by Section 26721, the fee for
maintaining custody of property under levy by the use of a keeper is
thirty dollars ($30) for each day custody is maintained after the
first day.
   (c) Notwithstanding any other fee charged, a keeper shall receive
forty dollars ($40) when, pursuant to Section 26738, a levying
officer prepares a not-found return.
  SEC. 2.  Section 26731 of the Government Code is amended to read:
   26731.  Ten dollars ($10) of any fee collected by the sheriff's
civil division or marshal under Sections 26721, 26722, 26725, 26726,
26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and
26750 of the Government Code shall be deposited in a special fund in
the county treasury.  A separate accounting of funds deposited shall
be maintained for each depositor, and funds deposited shall be for
the exclusive use of the sheriff's civil division or marshal.
   Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal.  Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
  SEC. 3.  Section 26733.5 of the Government Code is amended to read:

   26733.5.  The fee for serving a writ of possession of real
property on an occupant or the occupants or for posting and serving a
copy on the judgment debtor is seventy-five dollars ($75).  The
additional fee for removing an occupant or occupants from the
premises and putting a person in possession of the premises is fifty
dollars ($50).  The fee for reposting of a notice to vacate shall be
pursuant to Section 26721.