BILL NUMBER: AB 27	CHAPTERED  09/22/05

	CHAPTER  282
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2005
	PASSED THE ASSEMBLY  AUGUST 29, 2005
	PASSED THE SENATE  AUGUST 22, 2005
	AMENDED IN SENATE  JUNE 22, 2005
	AMENDED IN ASSEMBLY  APRIL 21, 2005
	AMENDED IN ASSEMBLY  APRIL 12, 2005

INTRODUCED BY   Assembly Members Mullin and Ruskin
   (Principal coauthor: Assembly Member Cogdill)

                        DECEMBER 6, 2004

   An act to amend Section 1037 of, and to add Sections 1037.1 and
1037.2 to, the Penal Code, relating to trial costs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 27, Mullin  Homicide trial costs.
   Existing law provides that when a court orders a change of venue
to a court in another county, all costs incurred by that court or
county, which are not payable by the state, as specified, shall be a
charge against the court or the county in which the action
originated. Existing law further requires that claims for these costs
be forwarded to the treasurer and auditor of the county in which the
action originated, and require the treasurer of the county of origin
to pay the amount of county costs out of the general funds of the
county of origin.
   This bill would revise these provisions to instead provide that
when a court orders a change of venue to a court in another county,
all costs, as defined, incurred by the receiving county that are not
payable by the state shall be paid by the transferring court or
county. If the change of venue costs are court operations, those
costs would be considered court costs to be charged against and paid
by the transferring court to the receiving court, as specified. The
Judicial Council would adopt specified financial policies and
procedures to ensure the timely payment of these court costs. If the
change of venue costs incurred by the receiving county are not court
operations, those costs would be considered county costs to be paid
by the transferring county to the receiving county, as specified.


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


  SECTION 1.  Section 1037 of the Penal Code is amended to read:
   1037.  (a) When a court orders a change of venue to a court in
another county, all costs incurred by the receiving court or county,
that are not payable pursuant to Section 4750, shall be paid by the
transferring court or county as provided in Sections 1037.1 and
1037.2. Those costs may include, but are not limited to, the expenses
for the following:
   (1) The transfer, preparation, and trial of the action.
   (2) The guarding, keeping, and transportation of the prisoner.
   (3) Any appeal or other proceeding relating to the action.
   (4) Execution of the sentence.
   (b) The term "all costs" means all reasonable and necessary costs
incurred by the receiving court or county as a result of the change
of venue that would not have been incurred but for the change of
venue. "All costs" does not include normal salaries, overhead, and
other expenses that would have been incurred by the receiving court
or county if it did not receive the trial.
  SEC. 2.  Section 1037.1 is added to the Penal Code, to read:
   1037.1.  (a) Change of venue costs, as defined in Section 1037,
that are court operations, as defined in Section 77003 of the
Government Code and Rule 810 of the California Rules of Court, shall
be considered court costs to be charged against and paid by the
transferring court to the receiving court.
   (b) The Judicial Council shall adopt financial policies and
procedures to ensure the timely payment of court costs pursuant to
this section. The policies and procedures shall include, but are not
limited to, the following:
   (1) The requirement that courts approve a budget and a timeline
for reimbursement before the beginning of the trial.
   (2) A process for the Administrative Office of the Courts to
mediate any disputes regarding costs between transferring and
receiving courts.
   (c) (1) The presiding judge of the transferring court, or his or
her designee, shall authorize the payment for the reimbursement of
court costs out of the court operations fund of the transferring
court.
   (2) Payments for the reimbursement of court costs shall be
deposited into the court operations fund of the receiving court.
  SEC. 3.  Section 1037.2 is added to the Penal Code, to read:
   1037.2.  (a) Change of venue costs, as defined in Section 1037,
that are incurred by the receiving county and not defined as court
operations under Section 77003 of the Government Code or Rule 810 of
the California Rules of Court shall be considered to be county costs
to be paid by the transferring county to the receiving county.
   (b) Transferring counties shall approve a budget and a timeline
for the payment of county costs before the beginning of trial.
   (c) Claims for the costs described in subdivision (a) shall be
forwarded to the treasurer and auditor of the transferring county on
a monthly basis. The treasurer shall pay the amount of county costs
out of the general funds of the transferring county within 30 days of
receiving the claim for costs from the receiving county.
   (d) (1) The transferring court may, in its sound discretion,
determine the reasonable and necessary costs under this section.
   (2) The transferring court's approval of costs shall become
effective 10 days after the court has given written notice of the
costs to the auditor of the transferring county.
   (3) During the 10-day period specified in paragraph (2), the
auditor of the transferring county may contest the costs approved by
the transferring court.
   (4) If the auditor of the transferring county fails to contest the
costs within the 10-day period specified in paragraph (2), the
transferring county shall be deemed to have waived the right to
contest the imposition of these costs.