BILL NUMBER: AB 1248 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 11, 2007
AMENDED IN ASSEMBLY MARCH 27, 2007
INTRODUCED BY Assembly Member Evans
FEBRUARY 23, 2007
An act to amend Section 6321 of the Business and Professions Code,
to amend Sections 116.230, 116.320, 116.570, 411.21, 1502,
2031.210, 2031.270, and 2031.280 and 1502 of the
Code of Civil Procedure, to amend Sections 2142 and 14310 of the
Elections Code, to amend Sections 304 and 3204 of the Family Code, to
amend Sections 53069.4, 68076, 68084.1, 68085.1, 68085.4, 68152,
68516, 68666, 70603, 70612, 70617, 70621, 70624, 70627,
70631, 70633, 70650, 70651, 70653, 70654, 70655, 70657, 70658, and
70677 of, and to add Sections 68500.2, 68506.5, 70613.5,
70615, 70657.5, and 70658.5 to, the Government Code, to amend Section
11488.5 of the Health and Safety Code, to amend Section 98.2 of the
Labor Code, to amend Section Sections 1214.1
and 12028.5 of the Penal Code, to amend Section 99582 of the
Public Utilities Code, to amend Section 40230 of
Sections 40230, 40307, 40508, 40509, 40509.5, 40512, 40512.6,
40515, 40521, 42006, and 42007 of, and to add Section 40510.5 to,
the Vehicle Code, and to amend Section 8102 of the Welfare and
Institutions Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1248, as amended, Evans. Courts.
(1) Existing law requires the Administrative Office of the Courts
to make monthly distributions from superior court filing fees to the
law library fund in each county in specified amounts.
This bill would increase the amount of these monthly distributions
for the Counties of Inyo, Mendocino, Plumas, and San Benito, as
specified.
(2) Existing law allows a plaintiff to commence an action in small
claims court by filing a claim under oath with the clerk of the
small claims court in person or by mail.
This bill would, in addition, allow a plaintiff to commence an
action in small claims court by filing a claim by fax or by
electronic means.
(3) Existing law allows a party in a civil action to submit a
written request to postpone a hearing date for good cause, and
imposes a specified fee for filing this request after service has
been made upon the defendant.
This bill would require such a request to state whether any
previous request to postpone the hearing date was made by the
requesting party and whether the court granted that request. The bill
would impose a specified fee for filing this request before service
has been made if the court granted a prior postponement to the party
making the request.
(4) Existing law provides that if a complaint or other first paper
is accompanied by payment by check in an amount less than the
required fee, the clerk shall accept the paper for filing, but shall
not issue a summons until the court receives full payment of the
required fee. Existing law requires the clerk to issue a specified
notice regarding the amount of the fee owed, including a notice that
payment of a certain administrative charge and the remainder of the
required filing fee shall be in cash, by cashier's check, or by other
means specified by the court but not by traveler's check or personal
check.
This bill would allow a person who files a complaint or other
first paper and who pays by check in an amount less than the required
fee to pay the remainder of the fee by personal check.
(5) Existing law establishes the Trial Court Trust Fund, the
proceeds of which are apportioned for the purposes of funding trial
court operations. Existing law, the Unclaimed Property Law, provides
that certain property escheats to the state under specified
circumstances. Existing law exempts certain property from these
provisions.
This bill would, in addition, exempt from the Unclaimed Property
Law any property in the official custody of a court if the property
may be transferred to the Trial Court Operations Fund under specified
provisions of law.
(6) The Civil Discovery Act allows any party to a civil action to
obtain discovery, as specified, by inspecting documents, tangible
things, and land or other property in the possession of any other
party to the action. Existing law requires the party to whom an
inspection demand has been directed to respond separately to each
item or category of item by any of certain responses, including a
statement that the party will comply with the particular demand for
inspection and any related activities.
This bill would require that this response state that the party
will comply with the inspection demand by the date set for inspection
pursuant to specified provisions of law relating to the time for
inspection.
(7) Existing law allows the party demanding an inspection and the
responding party to agree to extend the time for service of a
response to a set of inspection demands, or to particular items or
categories of items in a set, to a date beyond that provided in a
specified provision of law setting the time for serving such a
response.
This bill would, in addition, allow the parties to agree to extend
the date for inspection set pursuant to the provisions of law
relating to the time for inspection.
The bill would require the documents subject to an inspection
demand to be produced on the date specified in the inspection demand
pursuant to the provisions of law relating to the time for
inspection, unless an objection has been made to that date. The bill
would provide that, if the date for inspection has been extended
pursuant to the above provisions of law relating to extensions, the
documents shall be produced on the date agreed to pursuant to those
provisions.
(8)
(6) Existing law provides that, if the county elections
official refuses to register any qualified elector in the county,
the elector may proceed by action in the superior court to compel his
or her registration. Existing law allows a voter to seek a court
order requiring his or her provisional ballot to be included in an
official canvass.
This bill would prohibit a fee from being charged to a claimant by
the clerk of the court for services rendered in connection with
either of those actions.
(9)
(7) Existing law requires a court, as part of the court
order granting permission to marry under specified provisions of law
relating to the marriage of minors, to require the parties to the
prospective marriage of a minor to participate in premarital
counseling if the court considers the counseling to be necessary.
Existing law allows the court to impose a reasonable fee to cover the
cost of any premarital counseling provided by the county.
This bill would allow the court, in addition, to impose a
reasonable fee to cover the cost of this counseling provided by the
court.
(10)
(8) Existing law establishes specified programs
relating to the supervised visitation of children in connection with
marital dissolution, marital separation, or child custody
proceedings. Existing law requires the Judicial Council, on the first
day of March of each year, to report to the Legislature on these
programs, as specified.
This bill would require, instead, that the Judicial Council report
to the Legislature on these programs on the first day of March of
each even-numbered year.
(11)
(9) Existing law specifies fees for filing various
court-related documents relating to certain claims, motions, appeals,
requests, notices, stipulations and orders, certifications,
oppositions, petitions, and appointments. Existing law also specifies
fees for the preparation of certain copies and for a search of
records or files conducted by a court employee.
This bill would make specified changes to the amounts of those
fees and the documents to which they apply.
(12)
(10) Existing law provides that any money in a court
bank account or in a court trust account in a county treasury that
remains unclaimed for 3 years shall become the property of the
superior court if, after published notice, the money is not claimed
or no verified complaint is filed and served. Existing law provides
that if a claim is filed and rejected, or no action is taken on it,
the party who submitted the claim may file a verified complaint
seeking to recover all, or a specified part, of the money.
This bill would provide that any portion of the unclaimed money
not covered by the verified complaint shall become the property of
the court if no other claim or verified complaint has been filed
regarding it within a specified time. The bill would further provide
that, if the party that submitted the claim does not file a verified
complaint within 30 days after the date that the court mailed notice
that the claim was rejected or within 60 days after the claim was
filed, the money shall become the property of the court.
(13)
(11) Existing law requires each superior court to
deposit specified fees and fines, as soon as practicable after
collection and on a regular basis, into a bank account established
for this purpose by the Administrative Office of the Courts. Existing
law requires each court, within a certain period of time, to provide
the Administrative Office of the Courts with a report of the fees by
categories.
This bill would make specified changes to the fees that are
subject to these requirements and would allow the Administrative
Office of the Courts and any court to agree on an extension of the
time to provide the above report.
(14)
(12) Existing law requires that the amounts collected
by each superior court under specified provisions of law be added to
the monthly apportionment for that court from the Trial Court Trust
Fund.
This bill would make specified changes to the fees subject to this
requirement. The bill would make certain other changes to the
calculation of amounts to be deposited in the Trial Court Trust Fund.
(13) Existing law allows the Judicial Council to appoint and
employ any officers, assistants, and other employees deemed necessary
for the performance of its duties, and to take certain other actions
relating to the administration of the courts.
This bill would allow the council to offer financial services or
benefit programs that a judge, justice, or judicial branch employee
may choose to participate in on a voluntary basis.
The bill would require the council, after receiving comment from
the courts, court employee organizations, and other interested
groups, to adopt fiscally responsible travel reimbursement policies,
procedures, and rates for the judicial branch that provide for
appropriate accountability.
(14) Existing law authorizes the Judicial Council to establish a
tax-exempt public benefit nonprofit corporation, or other tax-exempt
entity, qualified under federal and state law to receive grants or
other financial support from private or public sources for specified
purposes.
This bill would allow the Administrative Office of the Courts to
provide administrative support and oversight services to a tax-exempt
public benefit nonprofit corporation or other tax-exempt entity
established under the above provisions.
(15) Existing law provides that, in the trial of a capital case or
other specified cases, an indigent defendant may make a request to
the court for funds for investigators for the presentation of the
defense. Existing law allows the Supreme Court to compensate counsel
representing indigent defendants in automatic appeals arising out of
a judgment of death, or for state postconviction proceedings in those
cases, at a specified rate. Existing law also allows the Supreme
Court to raise the guideline limitation on investigative and other
expenses allowable for counsel to adequately investigate and present
collateral claims to up to $25,000 without an order to show cause.
This bill would eliminate that $25,000 limit and would, instead,
allow the Supreme Court to set a guideline limitation on the above
expenses without an order to show cause.
(16) Under existing law, various fees charged for superior court
filings and services are intended to be uniform statewide and to be
the only allowable fees for those services and filings, except as
specified. Existing law allows certain charges to be added to those
fees, including various charges applicable in the County of San
Bernardino and other specified counties.
This bill would add certain superior court fees to the fees in the
County of San Bernardino to which a specified surcharge may be
added.
(17) Existing law provides that, when an arresting officer
attempts to take before a magistrate a person arrested for a
misdemeanor or infraction for violating the provisions of law
regulating vehicles, and the magistrate is not available, the
arresting officer shall take the arrestee before one of 2 persons,
who shall admit the arrestee to bail in accordance with a schedule
fixed as specified.
This bill would require that the person before whom the arrestee
is taken admit the arrestee to bail for the full amount set for the
offense in the above schedule.
(18) Existing law provides that, whenever a person is arrested for
any nonfelony violation of the provisions of law governing vehicles,
or for a violation of a local ordinance relating to traffic
offenses, and he or she is not immediately taken before a magistrate,
the arresting officer shall prepare a written notice to appear in
court or before a person authorized to receive a deposit of bail, as
specified. Existing law provides that, prior to any of specified
dates, the defendant may deposit bail with the magistrate or the
person authorized to receive a deposit of bail.
Existing law requires the clerk of the court to collect a fee from
every person who is ordered or permitted to attend a traffic
violator school pursuant to specified provisions of law, or who
attends any other court-supervised program of traffic safety
instruction. Existing law requires that the amount of the fee equal
the total bail set forth for the eligible offense on the uniform
countywide bail schedule.
This bill would provide, in addition, that, with respect to an
arrestee, the clerk of the court may accept a payment and forfeiture
of at least 25% of the total bail amount for each infraction
violation prior to the above dates if specified circumstances exist,
including the execution by the defendant of a written agreement to
pay and forfeit the remainder of the required bail according to an
installment schedule as agreed upon with the court. The bill would,
with respect to a defendant who is ordered or permitted to attend
traffic violator school, allow the clerk to accept from the defendant
a payment of at least 25% of the fee required by the above
provisions upon filing a written agreement by the defendant to pay
the remainder of the fee according to an installment payment schedule
of no more than 90 days as agreed upon with the court. The bill
would require the Judicial Council to prescribe the forms of these
agreements and would make other conforming changes.
(19) Existing law allows the imposition of a $1 special assessment
for every fine and forfeiture imposed and collected by any court
that conducts a night session on all offenses involving a violation
of the provisions of law regulating vehicles or any local ordinance
adopted pursuant to those provisions, except as specified.
This bill would apply the above $1 special assessment, instead, to
every fine, forfeiture, and traffic violator school fee imposed and
collected by a court that conducts a night or weekend session, except
as specified.
(17)
(20) The bill would make other related and technical
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6321 of the Business and Professions Code is
amended to read:
6321. (a) On and after January 1, 2006, as described in Section
68085.1 of the Government Code, the Administrative Office of the
Courts shall make monthly distributions from superior court filing
fees to the law library fund in each county in the amounts described
in this section and Section 6322.1. From each first paper filing fee
as provided under Section 70611, 70612, 70613, 70614, or 70670 of the
Government Code, each first paper or petition filing fee in a
probate matter as provided under Section 70650, 70651, 70652, 70653,
70654, 70655, 70656, or 70658 of the Government Code, Section 103470
of the Health and Safety Code, or Section 7660 of the Probate Code,
each filing fee for a small claim or limited civil case appeal as
provided under Section 116.760 of the Code of Civil Procedure or
Section 70621 of the Government Code, and each vehicle forfeiture
petition fee as provided under subdivision (e) of Section 14607.6 of
the Vehicle Code, that is collected in each of the following
counties, the amount indicated in this subdivision shall be paid to
the law library fund in that county:
Jurisdiction Amount
Alameda........................ $31.00
Alpine......................... 4.00
Amador......................... 20.00
Butte.......................... 29.00
Calaveras...................... 26.00
Colusa......................... 17.00
Contra Costa................... 29.00
Del Norte...................... 20.00
El Dorado...................... 26.00
Fresno......................... 31.00
Glenn.......................... 20.00
Humboldt....................... 40.00
Imperial....................... 20.00
Inyo........................... 23.00
Kern........................... 21.00
Kings.......................... 23.00
Lake........................... 23.00
Lassen......................... 25.00
Los Angeles.................... 18.00
Madera......................... 26.00
Marin.......................... 32.00
Mariposa....................... 27.00
Mendocino...................... 29.00
Merced......................... 23.00
Modoc.......................... 20.00
Mono........................... 20.00
Monterey....................... 25.00
Napa........................... 20.00
Nevada......................... 23.00
Orange......................... 29.00
Placer......................... 29.00
Plumas......................... 23.00
Riverside...................... 26.00
Sacramento..................... 44.00
San Benito..................... 23.00
San Bernardino................. 23.00
San Diego...................... 35.00
San Francisco.................. 36.00
San Joaquin.................... 23.00
San Luis Obispo................ 31.00
San Mateo...................... 32.50
Santa Barbara.................. 35.00
Santa Clara.................... 26.00
Santa Cruz..................... 29.00
Shasta......................... 20.00
Sierra......................... 20.00
Siskiyou....................... 26.00
Solano......................... 26.00
Sonoma......................... 29.00
Stanislaus..................... 18.00
Sutter......................... 7.00
Tehama......................... 20.00
Trinity........................ 20.00
Tulare......................... 29.00
Tuolumne....................... 20.00
Ventura........................ 26.00
Yolo........................... 29.00
Yuba........................... 7.00
(b) If a board of supervisors in any county acted before January
1, 2006, to increase the law library fee in that county effective
January 1, 2006, the amount distributed to the law library fund in
that county under subdivision (a) shall be increased by the amount
that the board of supervisors acted to increase the fee, up to three
dollars ($3). Notwithstanding subdivision (b) of Section 6322.1, as
it read on January 1, 2005, the maximum increase permitted under this
subdivision in Los Angeles County is three dollars ($3), rather than
two dollars ($2).
(c) The amounts of twenty-three dollars ($23) for Inyo County,
twenty-nine dollars ($29) for Mendocino County, twenty-three dollars
($23) for Plumas County, and twenty-three dollars ($23) for San
Benito County listed in subdivision (a) shall apply to distributions
made under subdivision (a) beginning January 1, 2006.
SEC. 2. Section 116.230 of the Code of Civil Procedure is amended
to read:
116.230. (a) In a small claims case, the clerk of the court shall
charge and collect only those fees authorized under this chapter.
(b) If the party filing a claim has filed 12 or fewer small claims
in the state within the previous 12 months, the filing fee is the
following:
(1) Thirty dollars ($30) if the amount of the demand is one
thousand five hundred dollars ($1,500) or less.
(2) Fifty dollars ($50) if the amount of the demand is more than
one thousand five hundred dollars ($1,500) but less than or equal to
five thousand dollars ($5,000).
(3) Seventy-five dollars ($75) if the amount of the demand is more
than five thousand dollars ($5,000).
(c) If the party has filed more than 12 other small claims in the
state within the previous 12 months, the filing fee is one hundred
dollars ($100).
(d) (1) If, after having filed a claim and paid the required fee
under paragraph (1) of subdivision (b), a party files an amended
claim or amendment to a claim that raises the amount of the demand so
that the filing fee under paragraph (2) of subdivision (b) would be
charged, the filing fee for the amended claim or amendment is twenty
dollars ($20).
(2) If, after having filed a claim and paid the required fee under
paragraph (2) of subdivision (b), a party files an amended claim or
amendment to a claim that raises the amount of the demand so that the
filing fee under paragraph (3) of subdivision (b) would be charged,
the filing fee for the amended claim or amendment is twenty-five
dollars ($25).
(3) If, after having filed a claim and paid the required fee under
paragraph (1) of subdivision (b), a party files an amended claim or
amendment to a claim that raises the amount of the demand so that the
filing fee under paragraph (3) of subdivision (b) would be charged,
the filing fee for the amended claim or amendment is forty-five
dollars ($45).
(4) The additional fees paid under this subdivision are due upon
filing. The court shall not reimburse a party if the party's claim is
amended to demand a lower amount that falls within the range for a
filing fee lower than that originally paid.
(e) Each party filing a claim shall file a declaration with the
claim stating whether that party has filed more than 12 other small
claims in the state within the last 12 months.
(f) The clerk of the court shall deposit fees collected under this
section into a bank account established for this purpose by the
Administrative Office of the Courts and maintained under rules
adopted by or trial court financial policies and procedures
authorized by the Judicial Council under subdivision (a) of Section
77206 of the Government Code. The deposits shall be made as required
under Section 68085.1 of the Government Code and trial court
financial policies and procedures authorized by the Judicial Council.
(g) (1) The Administrative Office of the Courts shall distribute
six dollars ($6) of each thirty-dollar ($30) fee, eight dollars ($8)
of each fifty-dollar ($50) fee, ten dollars ($10) of each
seventy-five-dollar ($75) fee, and fourteen dollars ($14) of each one
hundred-dollar ($100) fee collected under subdivision (b) or (c) to
a special account in the county in which the court is located to be
used for the small claims advisory services described in Section
116.940, or, if the small claims advisory services are administered
by the court, to the court. The Administrative Office of the Courts
shall also distribute two dollars ($2) of each seventy-five-dollar
($75) fee collected under subdivision (b) to the law library fund in
the county in which the court is located.
(2) From the fees collected under subdivision (d), the
Administrative Office of the Courts shall distribute two dollars ($2)
to the law library fund in the county in which the court is located,
and three dollars ($3) to the small claims advisory services
described in Section 116.940, or, if the small claims advisory
services are administered by the court, to the court.
(3) Records of these moneys shall be available for inspection by
the public on request.
(4) Nothing in this section precludes the court or county from
contracting with a third party to provide small claims advisory
services as described in Section 116.940.
(h) The remainder of the fees collected under subdivisions (b),
(c), and (d) shall be transmitted monthly to the Controller for
deposit in the Trial Court Trust Fund.
(i) All money distributed under this section to be used for small
claims advisory services shall be used only for providing those
services as described in Section 116.940. Nothing in this section
shall preclude the county or the court from procuring other funding
to comply with the requirements of Section 116.940.
SEC. 3. Section 116.320 of the Code of Civil Procedure is amended
to read:
116.320. (a) A plaintiff may commence an action in the small
claims court by filing a claim under oath with the clerk of the small
claims court in person, by mail, by facsimile transmission as
authorized by Section 1010.5, or by electronic means as authorized by
Section 1010.6.
(b) The claim form shall be a simple nontechnical form approved or
adopted by the Judicial Council. The claim form shall set forth a
place for (1) the name and address of the defendant, if known; (2)
the amount and the basis of the claim; (3) that the plaintiff, where
possible, has demanded payment and, in applicable cases, possession
of the property; (4) that the defendant has failed or refused to pay,
and, where applicable, has refused to surrender the property; and
(5) that the plaintiff understands that the judgment on his or her
claim will be conclusive and without a right of appeal.
(c) The form or accompanying instructions shall include
information that the plaintiff (1) may not be represented by an
attorney, (2) has no right of appeal, and (3) may ask the court to
waive fees for filing and serving the claim on the ground that the
plaintiff is unable to pay them, using the forms approved by the
Judicial Council for that purpose.
SEC. 4. Section 116.570 of the Code of Civil Procedure is amended
to read:
116.570. (a) Any party may submit a written request to postpone a
hearing date for good cause.
(1) The written request may be made either by letter or on a form
adopted or approved by the Judicial Council.
(2) The request shall state whether any previous request to
postpone the hearing date was made by the requesting party and
whether the court granted that request.
(3) The request shall be filed at least 10 days before the hearing
date, unless the court determines that the requesting party has good
cause to file the request at a later date.
(4) On the date of making the written request, the requesting
party shall mail or personally deliver a copy to each of the other
parties to the action.
(5) (A) If the court finds that the interests of justice would be
served by postponing the hearing, the court shall postpone the
hearing, and shall notify all parties by mail of the new hearing
date, time, and place.
(B) On one occasion, upon the written request of a defendant
guarantor, the court shall postpone the hearing for at least 30 days,
and the court shall take this action without a hearing. This
subparagraph does not limit the discretion of the court to grant
additional postponements under subparagraph (A).
(6) The court shall provide a prompt response by mail to any
person making a written request for postponement of a hearing date
under this subdivision.
(b) If service of the claim and order upon the defendant is not
completed within the number of days before the hearing date required
by subdivision (b) of Section 116.340, and the defendant has not
personally appeared and has not requested a postponement, the court
shall postpone the hearing for at least 15 days. If a postponement is
ordered under this subdivision, the clerk shall promptly notify all
parties by mail of the new hearing date, time, and place.
(c) This section does not limit the inherent power of the court to
order postponements of hearings in appropriate circumstances.
(d) A nonrefundable fee of ten dollars ($10) shall be charged and
collected for the filing of a request for postponement and
rescheduling of a hearing date after timely service pursuant to
subdivision (b) of Section 116.340 has been made upon the defendant.
(e) A nonrefundable fee of ten dollars ($10) shall be charged and
collected for the filing of a request for postponement and
rescheduling of a hearing date before service has been made pursuant
to subdivision (b) of Section 116.340 or subdivision (b) of Section
116.360 if the court granted a prior postponement to the party making
the request.
SEC. 5. Section 411.21 of the Code of Civil Procedure is amended
to read:
411.21. (a) If a complaint or other first paper is accompanied by
payment by check in an amount less than the required fee, the clerk
shall accept the paper for filing, but shall not issue a summons
until the court receives full payment of the required fee. The clerk
shall, by mail, notify the party tendering the check that (1) the
check was made out for an amount less than the required filing fee,
(2) the administrative charge specified in subdivision (g) has been
imposed to reimburse the court for the costs of processing the
partial payment and providing the notice specified in this
subdivision, and (3) the party has 20 days from the date of mailing
of the notice within which to pay the remainder of the required fee
and the administrative charge, except as provided in subdivision (f).
If the person who tendered the check is not a party to the action or
proposed action, but only is acting on behalf of a party, the clerk
shall notify not only the person who tendered the check, and also the
party or that party's attorney, if the party is represented. The
clerk's certificate as to the mailing of notice pursuant to this
section establishes a rebuttable presumption that the fees were not
paid. This presumption is a presumption affecting the burden of
producing evidence. This subdivision does not apply to an unlawful
detainer action.
(b) The clerk shall void the filing if the party who tendered a
check in an amount less than the required filing fee or on whose
behalf a check in an amount less than the required filing fee was
tendered has not paid the full amount of the fee and the
administrative charge by a means specified in subdivision (a) within
20 days of the date on which the notice required by subdivision (a)
was mailed. Any filing voided by this section may be disposed of
immediately after the 20 days have elapsed without preserving a copy
in the court records notwithstanding Section 68152 of the Government
Code.
(c) If a check for less than the required fee was tendered, the
remainder of the required fee and the administrative charge were not
paid within the period specified in subdivision (a), and a refund of
the partial payment has not been requested in a writing mailed or
presented by the party or person who tendered the check within 20
days from the date on which the remainder of the required fee was
due, the partial payment shall be remitted to the State Treasurer to
be deposited in the Trial Court Trust Fund, except for the amount of
the administrative charge described in subdivision (g), that shall be
deducted from the partial payment and shall be distributed as
described in subdivision (g) to the court which incurred the charge.
If the party or person who tendered the check for partial payment
requests a refund of the partial payment, in writing, within the time
specified in this subdivision, the clerk shall refund the amount of
the partial payment less the amount of the administrative charge
imposed by that court. All partial payments that the court received
before January 1, 2006, and that remain on deposit for filings that
the clerk voided pursuant to this section, once three years have
passed from the date that the filing was voided, shall be remitted to
the State Treasurer for deposit into the Trial Court Trust Fund.
(d) If an adverse party files a response to a complaint or other
first paper referred to in subdivision (a), together with a filing
fee, and the original filing is voided pursuant to subdivision (b),
the responsive filing is not required and shall be voided. The court
shall, by mail, provide notice to the parties that the initial paper
and the response have been voided. The responding party's filing fee
shall be refunded upon request, provided that the request for a
refund is made in writing within 20 days from the date on which the
notice was mailed. Upon receipt of the request, the court shall
reimburse the responding party's filing fee without imposing any
administrative charge. A refund under this subdivision is available
if the adverse party has filed only a responsive pleading, but not if
the party has also filed a cross-complaint or other first paper
seeking affirmative relief for which there is a filing fee.
(e) If an adverse party, or a person acting on behalf of the
adverse party, tenders a check for a required filing fee in an amount
less than the required fee, the procedures in subdivisions (a), (b),
and (c) shall apply.
(f) If any trial or other hearing is scheduled to be heard prior
to the expiration of the 20-day period provided for in subdivision
(a), the fee shall be paid prior to the trial or hearing. Failure of
the party to pay the fee prior to the trial or hearing date shall
cause the court to void the filing and proceed as if it had not been
filed.
(g) The clerk shall impose an administrative charge for providing
notice that a check submitted for a filing fee is in an amount less
than the required fee and for all related administrative, clerical,
and other costs incurred under this section. The administrative
charge shall, in each instance, be either twenty-five dollars ($25)
or a reasonable amount that does not exceed the actual cost incurred
by the court, as determined by the court. The notices provided by the
court under subdivision (a) shall state the specific amount of the
administrative charge that shall be paid to the court. Each
administrative charge collected shall be distributed to the court
that incurred the charge as described in Section 68085.1 of the
Government Code. When a partial payment is to be remitted to the
State Treasurer under subdivision (c), the court shall notify the
Administrative Office of the Courts of the amount of (1) the partial
payment collected, and (2) the administrative charge to be deducted
from the payment and to be distributed to the court.
SEC. 6. Section 1502 of the Code of Civil Procedure is amended to
read:
1502. (a) This chapter does not apply to any of the following:
(1) Any property in the official custody of a municipal utility
district.
(2) Any property in the official custody of a local agency if such
property may be transferred to the general fund of such agency under
the provisions of Sections 50050-50053 of the Government Code.
(3) Any property in the official custody of a court if the
property may be transferred to the Trial Court Operations Fund under
Section 68084.1 of the Government Code.
(b) None of the provisions of this chapter applies to any type of
property received by the state under the provisions of Chapter 1
(commencing with Section 1300) to Chapter 6 (commencing with Section
1440), inclusive, of this title.
SEC. 7. Section 2031.210 of the Code of Civil
Procedure is amended to read:
2031.210. (a) The party to whom an inspection demand has been
directed shall respond separately to each item or category of item by
any of the following:
(1) A statement that the party will comply with the particular
demand for inspection by the date set for inspection pursuant to
paragraph (2) of subdivision (c) of Section 2031.030 and any related
activities.
(2) A representation that the party lacks the ability to comply
with the demand for inspection of a particular item or category of
item.
(3) An objection to the particular demand.
(b) In the first paragraph of the response immediately below the
title of the case, there shall appear the identity of the responding
party, the set number, and the identity of the demanding party.
(c) Each statement of compliance, each representation, and each
objection in the response shall bear the same number and be in the
same sequence as the corresponding item or category in the demand,
but the text of that item or category need not be repeated.
SEC. 8. Section 2031.270 of the Code of Civil
Procedure is amended to read:
2031.270. (a) The party demanding an inspection and the
responding party may agree to extend the date for inspection or the
time for service of a response to a set of inspection demands, or to
particular items or categories of items in a set, to a date or dates
beyond those provided in Sections 2031.030, 2031.210, 2031.260, and
2031.280.
(b) This agreement may be informal, but it shall be confirmed in a
writing that specifies the extended date for inspection or service
of a response.
(c) Unless this agreement expressly states otherwise, it is
effective to preserve to the responding party the right to respond to
any item or category of item in the demand to which the agreement
applies in any manner specified in Sections 2031.210, 2031.220,
2031.230, 2031.240, and 2031.280.
SEC. 9. Section 2031.280 of the Code of Civil
Procedure is amended to read:
2031.280. (a) Any documents produced in response to an inspection
demand shall either be produced as they are kept in the usual course
of business, or be organized and labeled to correspond with the
categories in the demand.
(b) The documents shall be produced on the date specified in the
inspection demand pursuant to paragraph (2) of subdivision (c) of
Section 2031.030, unless an objection has been made to that date. If
the date for inspection has been extended pursuant to Section
2031.270, the documents shall be produced on the date agreed to
pursuant to that section.
(c) If necessary, the responding party at the reasonable expense
of the demanding party shall, through detection devices, translate
any data compilations included in the demand into reasonably usable
form.
SEC. 10. SEC. 7. Section 2142 of the
Elections Code is amended to read:
2142. (a) If the county elections official refuses to register
any qualified elector in the county, the elector may proceed by
action in the superior court to compel his or her registration. In an
action under this section, as many persons may join as plaintiffs as
have causes of action.
(b) If the county elections official has not registered any
qualified elector who claims to have registered to vote through the
Department of Motor Vehicles or any other public agency designated as
a voter registration agency pursuant to the National Voter
Registration Act of 1993 (42 U.S.C. Sec. 1973gg), the elector may
proceed by action in the superior court to compel his or her
registration. In an action under this section, as many persons may
join as plaintiffs as have causes of action.
(c) No fee shall be charged by the clerk of the court for services
rendered in an action under this section.
SEC. 11. SEC. 8. Section 14310 of
the Elections Code is amended to read:
14310. (a) At all elections, a voter claiming to be properly
registered but whose qualification or entitlement to vote cannot be
immediately established upon examination of the index of registration
for the precinct or upon examination of the records on file with the
county elections official, shall be entitled to vote a provisional
ballot as follows:
(1) An election official shall advise the voter of the voter's
right to cast a provisional ballot.
(2) The voter shall be provided a provisional ballot, written
instructions regarding the process and procedures for casting the
provisional ballot, and a written affirmation regarding the voter's
registration and eligibility to vote. The written instructions shall
include the information set forth in subdivisions (c) and (d).
(3) The voter shall be required to execute, in the presence of an
elections official, the written affirmation stating that the voter is
eligible to vote and registered in the county where the voter
desires to vote.
(b) Once voted, the voter's ballot shall be sealed in a
provisional ballot envelope, and the ballot in its envelope shall be
deposited in the ballot box. All provisional ballots voted shall
remain sealed in their envelopes for return to the elections official
in accordance with the elections official's instructions. The
provisional ballot envelopes specified in this subdivision shall be a
color different than the color of, but printed substantially similar
to, the envelopes used for absentee ballots, and shall be completed
in the same manner as absentee envelopes.
(c) (1) During the official canvass, the elections official shall
examine the records with respect to all provisional ballots cast.
Using the procedures that apply to the comparison of signatures on
absentee ballots, the elections official shall compare the signature
on each provisional ballot envelope with the signature on the voter's
affidavit of registration. If the signatures do not compare, the
ballot shall be rejected. A variation of the signature caused by the
substitution of initials for
the first or middle name, or both, shall not invalidate the ballot.
(2) Provisional ballots shall not be included in any semiofficial
or official canvass, except upon: (A) the elections official's
establishing prior to the completion of the official canvass, from
the records in his or her office, the claimant's right to vote; or
(B) the order of a superior court in the county of the voter's
residence. A voter may seek the court order specified in this
paragraph regarding his or her own ballot at any time prior to
completion of the official canvass. Any judicial action or appeal
shall have priority over all other civil matters. No fee shall be
charged to the claimant by the clerk of the court for services
rendered in an action under this section.
(3) The provisional ballot of a voter who is otherwise entitled to
vote shall not be rejected because the voter did not cast his or her
ballot in the precinct to which he or she was assigned by the
elections official.
(A) If the ballot cast by the voter contains the same candidates
and measures on which the voter would have been entitled to vote in
his or her assigned precinct, the elections official shall count the
votes for the entire ballot.
(B) If the ballot cast by the voter contains candidates or
measures on which the voter would not have been entitled to vote in
his or her assigned precinct, the elections official shall count only
the votes for the candidates and measures on which the voter was
entitled to vote in his or her assigned precinct.
(d) The Secretary of State shall establish a free access system
that any voter who casts a provisional ballot may access to discover
whether the voter's provisional ballot was counted and, if not, the
reason why it was not counted.
(e) The Secretary of State may adopt appropriate regulations for
purposes of ensuring the uniform application of this section.
(f) This section shall apply to any absent voter described by
Section 3015 who is unable to surrender his or her unvoted absent
voter's ballot.
(g) Any existing supply of envelopes marked "special challenged
ballot" may be used until the supply is exhausted.
SEC. 12. SEC. 9. Section 304 of the
Family Code is amended to read:
304. As part of the court order granting permission to marry
under Section 302 or 303, the court shall require the parties to the
prospective marriage of a minor to participate in premarital
counseling concerning social, economic, and personal responsibilities
incident to marriage, if the court considers the counseling to be
necessary. The parties shall not be required, without their consent,
to confer with counselors provided by religious organizations of any
denomination. In determining whether to order the parties to
participate in the premarital counseling, the court shall consider,
among other factors, the ability of the parties to pay for the
counseling. The court may impose a reasonable fee to cover the cost
of any premarital counseling provided by the county or the court. The
fees shall be used exclusively to cover the cost of the counseling
services authorized by this section.
SEC. 13. SEC. 10. Section 3204 of
the Family Code is amended to read:
3204. (a) The Judicial Council shall annually submit an
application to the federal Administration for Children and Families,
pursuant to Section 669B of the "1996 Federal Personal Responsibility
and Work Opportunity Recovery Act" (PRWORA), for a grant to fund
child custody and visitation programs pursuant to this chapter.
The Judicial Council shall be charged with the administration of
the grant funds.
(b) (1) It is the intention of the Legislature that, effective
October 1, 2000, the grant funds described in subdivision (a) shall
be used to fund the following three types of programs: supervised
visitation and exchange services, education about protecting children
during family disruption, and group counseling for parents and
children, as set forth in this chapter. Contracts shall follow a
standard request for proposal procedure, that may include multiple
year funding. Requests for proposals shall meet all state and federal
requirements for receiving access and visitation grant funds.
(2) The grant funds shall be awarded with the intent of approving
as many requests for proposals as possible while assuring that each
approved proposal would provide beneficial services and satisfy the
overall goals of the program under this chapter. The Judicial Council
shall determine the final number and amount of grants. Requests for
proposals shall be evaluated based on the following criteria:
(A) Availability of services to a broad population of parties.
(B) The ability to expand existing services.
(C) Coordination with other community services.
(D) The hours of service delivery.
(E) The number of counties or regions participating.
(F) Overall cost effectiveness.
(G) The purpose of the program to promote and encourage healthy
parent and child relationships between noncustodial parents and their
children, while ensuring the health, safety, and welfare of the
children.
(3) Special consideration for grant funds shall be given to
proposals that coordinate supervised visitation and exchange
services, education, and group counseling with existing court-based
programs and services.
(c) The family law division of the superior court in each county
shall approve sliding scale fees that are based on the ability to pay
for all parties, including low-income families, participating in a
supervised visitation and exchange, education, and group counseling
programs under this chapter.
(d) The Judicial Council shall, on March 1, 2002, and on the first
day of March of each subsequent even-numbered year, report to the
Legislature on the programs funded pursuant to this chapter and
whether and to what extent those programs are achieving the goal of
promoting and encouraging healthy parent and child relationships
between noncustodial or joint custodial parents and their children
while ensuring the health, safety, and welfare of children, and the
other goals described in this chapter.
SEC. 14. SEC. 11. 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 superior 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 as specified
in Section 70615. 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 fee specified in
Section 70615 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. 15. SEC. 12. Section 68076 of
the Government Code is amended to read:
68076. The seals of the superior courts shall:
(a) Be circular.
(b) Be not less than one and one-fourth inches in diameter.
(c) Have in the center any word, words, or design adopted by the
judges of the superior court.
(d) Have inscribed around the central words or design "Superior
Court of California, County of (____)," inserting the name of the
county.
The seal of any such court, which has been adopted before April 1,
1880 shall be the seal of such court until another is adopted.
SEC. 16. SEC. 13. Section 68084.1 of
the Government Code is amended to read:
68084.1. (a) Except as otherwise provided by law, any money,
excluding restitution to victims, that has been deposited with a
superior court, or that a superior court is holding in trust for the
lawful owner, in a court bank account or in a court trust account in
a county treasury, that remains unclaimed for three years shall
become the property of the superior court if, after published notice
pursuant to this section, the money is not claimed or no verified
complaint is filed and served.
(b) At any time after the expiration of the three-year period
specified in subdivision (a), the executive officer of the superior
court may cause a notice to be published once a week for two
successive weeks in a newspaper of general circulation published in
the county in which the court is located. The notice shall state the
amount of money, the fund in which it is held, and that it is
proposed that the money will become the property of the court on a
designated date not less than 45 days nor more than 60 days after the
first publication of the notice.
(c) Before or after publication, a party of interest may file a
claim with the court executive officer that shall include the
claimant's name, address, amount of claim, the grounds on which the
claim is founded, and any other information that may be required by
the court executive officer. The claim shall be filed before the
designated date on which unclaimed money becomes the property of the
court as provided under subdivision (b), and the executive officer
shall accept or reject that claim.
(d) If the superior court executive officer rejects the claim, or
takes no action on the claim within 30 days after it is filed, the
party that submitted the claim may file a verified complaint seeking
to recover all, or a specified part, of the money in the court in the
county in which the notice is published. The copy of the complaint
and summons shall be served on the court executive officer. The court
executive officer shall withhold the release of the portion of
unclaimed money for which a court action has been filed as provided
in this section until the court renders a decision or the claim is
settled. Any portion of the unclaimed money not covered by the
verified complaint shall become the property of the court if no other
claim or verified complaint has been filed regarding it within the
time specified in this section. If the party that submitted the claim
does not file a verified complaint within 30 days after the date
that the court mailed notice that the claim was rejected or within 60
days after the claim was filed, the money shall become the property
of the court.
(e) Notwithstanding subdivisions (c) and (d), the court executive
officer may release the unclaimed money to the depositor of the
unclaimed money, or the depositor's heir, beneficiary, or duly
appointed representative, if the depositor or the depositor's heir,
beneficiary, or duly appointed representative claims the money before
the date that the money becomes the property of the superior court,
upon submitting proof satisfactory to the court executive officer.
(f) If no claim is filed under subdivision (c) and the time for
filing claims has expired, the money shall become the property of the
court. If a claim or claims are filed with respect to a portion of
the money, but not the remainder of the money, and the time for
filing claims under subdivision (c) has expired, the remainder of the
money shall become the property of the court.
(g) Notwithstanding any other provision of this section, the
presiding judge may direct the transfer of any individual deposit of
twenty dollars ($20) or less, or any amount if the name of the
original depositor is unknown, that remains unclaimed for one year to
the Trial Court Operations Fund without the need for publication of
notice.
(h) The court executive officer may delegate the responsibilities
provided in this section to appropriate superior court staff.
(i) When any money deposited and held under this section becomes
the property of a superior court, the presiding judge shall transfer
it to the Trial Court Operations Fund.
SEC. 17. SEC. 14. Section 68085.1 of
the Government Code is amended to read:
68085.1. (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of, and Chapter 5.5 (commencing with Section 116.110)
of Title 1 of Part 1 of, the Code of Civil Procedure.
(2) Section 3112 of the Family Code.
(3) Section 31622 of the Food and Agricultural Code.
(4) Subdivision (d) of Section 6103.5, Sections 68086 and 68086.1,
subdivision (d) of Section 68511.3, Sections 68926.1 and 69953.5,
and Chapter 5.8 (commencing with Section 70600).
(5) Section 103470 of the Health and Safety Code.
(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
(8) Sections 14607.6 and 16373 of the Vehicle Code.
(9) Section 71386 of this code, Sections 304, 7851.5, and 9002 of
the Family Code, and Section 1513.1 of the Probate Code, if the
reimbursement is for expenses incurred by the court.
(10) Section 3153 of the Family Code, if the amount is paid to the
court for the cost of counsel appointed by the court to represent a
child.
(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under the
sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted by,
and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by categories as specified by the
Administrative Office of the Courts. The Administrative Office of the
Courts and any court may agree upon a time period greater than 15
days, but in no case more than 30 days after the end of the month in
which the fees and fines are collected. The fees and fines listed in
subdivision (a) shall be distributed as provided in this section.
(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision (b)
of Section 68085.3, subdivision (b) of Section 68085.4, and Section
70621 of this code, and Section 14607.6 of the Vehicle Code.
(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
(1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
(3) Into the Family Law Trust Fund, as described in Section 70674.
(4) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of Section
6103.5, subdivision (d) of Section 68511.3 and Sections 68926.1,
69953.5, 70627, 70631, 70640, 70661, 70678, and 71386 of this code,
and Sections 1513.1, 1835, 1851.5, and 2343 of the Probate Code,
shall be added to the monthly apportionment for that court under
subdivision (a) of Section 68085.
(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee. If a court collects a fee
that was incurred before January 1, 2006, under a provision that was
the predecessor to one of the paragraphs contained in subdivision
(a), the fee may be deposited as if it were collected under the
paragraph of subdivision (a) that corresponds to the predecessor of
that paragraph and distributed in prorated amounts to each fund or
account to which the fee in subdivision (a) must be distributed.
(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties on
delinquent payments under subdivision (d) shall be calculated only on
the amounts to be distributed to the Trial Court Trust Fund and the
State Court Facilities Construction Fund, and each penalty shall be
distributed proportionately to the funds to which the delinquent
payment was to be distributed.
(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
(k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall be
paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
SEC. 18. SEC. 15. Section 68085.4 of
the Government Code is amended to read:
68085.4. (a) Fees collected under Sections 70613, 70614, 70621,
70654, 70656, and 70658 of this code, Section 103470 of the Health
and Safety Code, and Section 7660 of the Probate Code, shall be
deposited in a bank account established by the Administrative Office
of the Courts for deposit of fees collected by the courts.
(b) For each three hundred-dollar ($300) fee and each one hundred
eighty-dollar ($180) fee listed in subdivision (a), the
Administrative Office of the Courts shall distribute specified
amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each three
hundred-dollar ($300) fee and each one hundred eighty-dollar ($180)
fee listed in subdivision (a), the Controller shall make deposits as
follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
twenty-five dollars ($25) if the fee is three hundred dollars ($300),
and twenty dollars ($20) if the fee is one hundred eighty dollars
($180).
(2) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(3) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(4) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 19 SEC. 16. 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: 10 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) Misdemeanor action resulting in a requirement that the
defendant register as a sex offender pursuant to Section 290 of the
Penal Code: 75 years. This paragraph shall apply to records relating
to a person convicted on or after September 20, 2006, the
effective date of Senate Bill 1128 of the 2005-06 Regular Session.
(11) Infraction, except as otherwise specified: three years.
(12) 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 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 those terms as are just. A fee shall not 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. 17. Section 68500.2 is added to the
Government Code , to read:
68500.2. Notwithstanding any other provision of law, the Judicial
Council may offer financial services or benefit programs that a
judge, justice, or judicial branch employee may choose to participate
in on a voluntary basis. As used in this section, judicial branch
employee includes an employee of any entity described in Article VI
of the California Constitution.
SEC. 18. Section 68506.5 is added to the
Government Code , to read:
68506.5. The Judicial Council shall, after receiving comment from
the courts, court employee organizations, and other interested
groups, adopt fiscally responsible travel reimbursement policies,
procedures, and rates for the judicial branch that provide for
appropriate accountability.
SEC. 19. Section 68516 of the
Government Code is amended to read:
68516. (a) The Judicial Council is
authorized to establish a tax-exempt public benefit nonprofit
corporation, or other tax-exempt entity, qualified under federal and
state law to raise revenues and receive grants or other
financial support from private or public sources, for the purposes of
undertaking or funding any survey, study, publication, proceeding,
or other activity authorized by law to be undertaken by the Judicial
Council.
(b) The Administrative Office of the Courts may provide
administrative support and oversight services to a tax-exempt public
benefit nonprofit corporation or other tax-exempt entity established
under this section.
SEC. 20. Section 68666 of the Government Code is amended to read:
68666. (a) The Supreme Court may compensate counsel representing
indigent defendants in automatic appeals arising out of a judgment of
death or for state postconviction proceedings in those cases, at a
rate of at least one hundred twenty-five dollars ($125) per allowable
hour, as defined by the court's Payment Guidelines for Appointed
Counsel Representing Indigent Criminal Appellants. However, nothing
in this section is intended to prohibit the hiring of counsel under a
flat-fee arrangement.
(b) The Supreme Court may set a guideline limitation on
investigative and other expenses allowable for counsel to adequately
investigate and present collateral claims without an order to show
cause.
(c) It is the intent of the Legislature that payments to appointed
counsel be made within 60 days of submission of a billing.
SEC. 21. Section 70603 of the Government Code is amended to read:
70603. (a) Except as provided in this section, the fees charged
for filings and services under this chapter are intended to be
uniform statewide and to be the only allowable fees for those
services and filings. The only charges that may be added to the fees
in this chapter are the following:
(1) In a complex case, the fee provided for in Section 70616 may
be added to the first paper and first responsive paper filing fees in
Sections 70611, 70612, 70613, and 70614.
(2) In an unlawful detainer action subject to Section 1161.2 of
the Code of Civil Procedure, a charge of fifteen dollars ($15) as
provided under that section may be added to the fee in Section 70613
for filing a first appearance by a plaintiff.
(3) In Riverside County, a surcharge as provided in Section 70622
may be added to the first paper and first responsive paper filing
fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, and 70670.
(4) In San Bernardino County, a surcharge as provided in Section
70624 may be added to the first paper and first responsive paper
filing fees in Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670. This paragraph applies to fees
collected under Sections 70611, 70612, 70613, 70614, 70650, 70651,
70652, 70653, 70655, and 70670, beginning January 1, 2006.
(5) In the City and County of San Francisco, a surcharge as
provided in Section 70625 may be added to the first paper and first
responsive paper filing fees in Sections 70611, 70612, 70613, 70614,
70650, 70651, 70652, 70653, 70655, and 70670.
(b) Notwithstanding paragraph (1) of subdivision (c) of Section
68085.3 and paragraph (1) of subdivision (c) of Section 68085.4, when
a charge for courthouse construction in the county or city and
county of San Francisco, Riverside, or San Bernardino is added to the
uniform filing fee as provided under paragraph (3), (4), or (5) of
subdivision (a), the amount distributed to the State Court Facilities
Construction Fund under Section 68085.3 or 68085.4 shall be reduced
by an amount equal to the charge added under paragraph (3), (4), or
(5) of subdivision (a), up to the amount that would otherwise be
distributed to the State Court Facilities Construction Fund. If the
amount added under paragraph (3), (4), or (5) of subdivision (a) is
greater than the amount that would be distributed to the State Court
Facilities Construction Fund under Section 68085.3 or 68085.4, no
distribution shall be made to the State Court Facilities Construction
Fund, but the amount charged to the party may be greater than the
amount of the uniform fee otherwise allowed, in order to collect the
surcharge under paragraph (3), (4), or (5) of subdivision (a).
(c) If a filing fee is reduced by fifteen dollars ($15) under
subdivision (c) of Section 6322.1 of the Business and Professions
Code, and a courthouse construction surcharge is added to the filing
fee as provided under paragraph (3), (4), or (5) of subdivision (a),
the amount distributed to the State Court Facilities Construction
Fund under Section 68085.4 shall be reduced as provided in
subdivision (b). If the amount added under paragraph (3), (4), or (5)
of subdivision (a) is greater than the amount that would be
distributed to the State Court Facilities Construction Fund under
Section 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than one hundred sixty-five dollars ($165), in order to
collect the surcharge under paragraph (3), (4), or (5) of subdivision
(a).
SEC. 22. Section 70612 of the Government Code is amended to read:
70612. (a) The uniform fee for filing the first paper in the
action or proceeding described in Section 70611 on behalf of any
defendant, intervenor, respondent, or adverse party, whether
separately or jointly, except for the purpose of making disclaimer,
is three hundred twenty dollars ($320). The fee shall be distributed
as provided in Section 68085.3.
(b) As used in this section, the term "paper" does not include a
stipulation for the appointment of a temporary judge or of a court
investigator, or the report made by the court investigator.
SEC. 23. Section 70613.5 is added to the Government Code, to read:
70613.5. (a) Notwithstanding Section 472 of the Code of Civil
Procedure, if a plaintiff or petitioner who previously was charged
the filing fee under subdivision (b) of Section 70613 files an
amended complaint or other initial pleading that increases the amount
demanded to an amount that exceeds ten thousand dollars ($10,000)
but does not exceed twenty-five thousand dollars ($25,000), so that
the higher filing fee under subdivision (a) of Section 70613 would
have been required if such a demand had been made in the original
pleading, a fee equal to the difference between the fee for the
original filing fee and the filing fee for the new amount demanded
shall be charged to make up the difference between the filing fees.
This fee shall be distributed to the Trial Court Trust Fund.
(b) Notwithstanding Section 472 of the Code of Civil Procedure, if
a party who previously was charged the filing fee under subdivision
(b) of Section 70614 files a cross-complaint, amended
cross-complaint, or amendment to a cross-complaint demanding an
amount that exceeds ten thousand dollars ($10,000) but does not
exceed twenty-five thousand dollars ($25,000), a fee equal to the
difference between the fee for the original filing fee and the filing
fee under subdivision (a) of Section 70614 shall be charged to make
up the difference between the filing fees. This fee shall be
distributed to the Trial Court Trust Fund.
(c) The court shall not reimburse a party if the party's complaint
or cross-complaint is amended to demand a lower amount that falls
within the range for a filing fee lower than that originally paid.
SEC. 24. Section 70615 is added to the Government Code, to read:
70615. The fee for filing any of the following appeals to the
superior court is twenty-five dollars ($25):
(a) An appeal of a local agency's decision regarding an
administrative fine or penalty under Section 53069.4.
(b) An appeal under Section 40230 of the Vehicle Code of an
administrative agency's decision regarding a parking violation.
(c) An appeal under Section 99582 of the Public Utilities Code of
a hearing officer's determination regarding an administrative penalty
for fare evasion or a passenger conduct violation.
SEC. 25. Section 70617 of the Government Code is amended to read:
70617. (a) Except as provided in subdivision (d), the uniform fee
for filing a motion, application, or any other paper requiring a
hearing subsequent to the first paper, is forty dollars ($40). Papers
for which this fee shall be charged include the following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special
proceeding.
(6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing
any of the following:
(1) A motion, application, demurrer, request, notice, or
stipulation and order that is the first paper filed in an action and
on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of
a minor.
(10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
(13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by
posting or by publication under Section 415.45 or 415.50 of the Code
of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary
adjudication of issues is two hundred dollars ($200).
(e) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), and (d) apply separately to each motion or
other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
SEC. 26. Section 70621 of the Government Code is amended to read:
70621. (a) (1) The fee for filing a notice of appeal to the
appellate division of the superior court in a limited civil case is
three hundred dollars ($300), except as provided in subdivision (b).
(2) The fee for filing a petition for a writ within the original
jurisdiction of the appellate division of the superior court is three
hundred dollars ($300), except as provided in subdivision (b).
(b) If the amount demanded in the limited civil case, excluding
attorney's fees and costs, is ten thousand dollars ($10,000) or less,
the fee for filing a petition for a writ or a notice of appeal to
the appellate division of the superior court is one hundred eighty
dollars ($180).
(c) The fees provided for in this section shall be distributed as
provided in Section 68085.4.
(d) The Judicial Council may make rules governing the time and
method of payment of the fees in this section and providing for
excuse.
SEC. 27. Section 70624 of the Government Code is amended to read:
70624. (a) In addition to the uniform filing fee authorized
pursuant to Section 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, or 70670, after giving notice and holding a public
hearing on the proposal, the Board of Supervisors of San Bernardino
County may impose a surcharge not to exceed thirty-five dollars ($35)
for the filing in superior court of (1) a complaint, petition, or
other first paper in a civil, family, or probate action or special
proceeding, and (2) a first paper on behalf of any defendant,
respondent, intervenor, or adverse party. The county shall notify in
writing the superior court and the Administrative Office of the
Courts of any change in a surcharge under this section. If a
surcharge under this section is imposed on a filing fee, the
distribution that would otherwise be made to the State Court
Facilities Construction Fund under subdivision (c) of Section 68085.3
or subdivision (c) of Section 68085.4 shall be reduced as provided
in Section 70603. This section shall apply to fees collected under
Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653,
70655, and 70670, beginning January 1, 2006.
(b) The surcharge shall be in an amount determined to be necessary
by the board of supervisors to supplement the Courthouse
Construction Fund, to be deposited in that fund and used solely for
the purposes authorized for expenditures from that fund, including,
but not limited to, earthquake retrofitting, renovation, and
remodeling of all portions of the Central San Bernardino Courthouse
in need of retrofitting, renovation, or remodeling, whether or not
necessitated by the retrofitting work, including the original
courthouse built in 1926 and all subsequent additions thereto.
Expenditures made from the Courthouse Construction Fund that are
funded from the surcharge shall be made in order of priority to
ensure that all necessary earthquake retrofitting of the Central San
Bernardino Courthouse will be completed. Collection of the surcharge
authorized by this section shall terminate upon repayment of the
amortized costs incurred, or 30 years from the sale of the bond,
whichever occurs first. However, the surcharge shall not apply in
instances in which no filing fee is charged or the filing fee is
waived. If the amortized costs have been repaid, or 30 years have
passed since the sale of the bond, the county shall notify in writing
the superior court and the Administrative Office of the Courts.
SEC. 28. Section 70627 of the Government Code is amended to read:
70627. The fees collected under this section shall be distributed
to the court in which they were collected.
(a) The clerk of the court shall charge fifty cents ($0.50) per
page to cover the cost of preparing copies of any record, proceeding,
or paper on file in the clerk's office, except as provided in
subdivision (d).
(b) For comparing with the original on file in the office of the
clerk of any court, the copy of any paper, record, or proceeding
prepared by another and presented for the clerk's certificate, the
fee is one dollar ($1) per page, in addition to the fee for the
certificate.
(c) The fee for a search of records or files conducted by a court
employee is five dollars ($5) for each name, file, or other item of
information for which a search is requested. This fee shall
not be charged when a person requests one search for records of a
case in which that person is a party, but if the party requests more
than one search at a time, a five dollar ($5) fee shall be charged
for each search after the first search. The fee may be
waived in appropriate circumstances. The Judicial Council may
provide uniform guidance to courts on waiving the fee.
(d) For preparing color copies of any document, the clerk of the
court may charge a reasonable fee not to exceed costs.
SEC. 29. Section 70631 of the Government Code is amended to read:
70631. In the absence of a statute authorizing or prohibiting a
fee by the superior court for a particular service or product,
the court may charge a reasonable
fee not to exceed the costs of providing the service or product, if
the Judicial Council approves the fee. The fee shall be distributed
to the court in which it was collected.
SEC. 30. Section 70633 of the Government Code is amended to read:
70633. (a) No fee shall be charged by the clerk for service
rendered to the petitioner in any adoption proceeding except as
provided in Section 103730 of the Health and Safety Code, nor shall
any fees be charged for any service to the state or for any
proceeding brought pursuant to Section 7841 of the Family Code to
declare a minor free from parental custody or control. No fee shall
be charged by the clerk for services rendered in an action to compel
registration of a voter under Section 2142 of the Elections Code or
to compel counting of provisional ballots under Section 14310 of the
Elections Code.
(b) No fee shall be charged by the clerk for services rendered in
any criminal action unless otherwise specifically authorized by law,
except that the clerk may charge a fee for making or certifying to a
copy of any filed paper, record, or proceeding in a criminal action.
If a criminal defendant has been granted a fee waiver or the court
finds that the defendant does not have the ability to pay the fee,
the court may reduce or waive the fee.
(c) Except as permitted in subdivision (b), no fee shall be
charged by the clerk for service to any municipality or county in the
state, to the state government, nor to the United States of America
or any of its officers acting in his or her official capacity.
SEC. 31. Section 70650 of the Government Code is amended to read:
70650. (a) The uniform filing fee for the first petition for
letters of administration or letters testamentary, or the first
petition for special letters of administration with the powers of a
general personal representative pursuant to Section 8545 of the
Probate Code, or a first account of a trustee of a testamentary trust
that is subject to the continuing jurisdiction of the court pursuant
to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9
of the Probate Code is, as follows:
(1) Three hundred twenty dollars ($320) for estates or trusts
under two hundred fifty thousand dollars ($250,000).
(2) Three hundred eighty-five dollars ($385) for estates or trusts
of at least two hundred fifty thousand dollars ($250,000) and less
than five hundred thousand dollars ($500,000).
(3) Four hundred eighty-five dollars ($485) for estates or trusts
of at least five hundred thousand dollars ($500,000) and less than
seven hundred fifty thousand dollars ($750,000).
(4) Six hundred thirty-five dollars ($635) for estates or trusts
of at least seven hundred fifty thousand dollars ($750,000) and less
than one million dollars ($1,000,000).
(5) One thousand one hundred thirty-five dollars ($1,135) for
estates or trusts of at least one million dollars ($1,000,000) and
less than one million five hundred thousand dollars ($1,500,000).
(6) Two thousand one hundred thirty-five dollars ($2,135) for
estates or trusts of at least one million five hundred thousand
dollars ($1,500,000) and less than two million dollars ($2,000,000).
(7) Two thousand six hundred thirty-five dollars ($2,635) for
estates or trusts of at least two million dollars ($2,000,000) and
less than two million five hundred thousand dollars ($2,500,000).
(8) Three thousand six hundred thirty-five dollars ($3,635) for
estates or trusts of at least two million five hundred thousand
dollars ($2,500,000) and less than three million five hundred
thousand dollars ($3,500,000).
(9) Three thousand six hundred thirty-five dollars ($3,635) plus
0.2 percent of the amount over three million five hundred thousand
dollars ($3,500,000) for estates or trusts of three million five
hundred thousand dollars ($3,500,000) or more.
(b) The full uniform filing fee for a petition for letters in a
decedent's estate or the first account of a trustee under subdivision
(a) shall be determined based on the final appraised value of the
estate without reference to encumbrances or other obligations on
estate property, or the value of the trust shown in the first
account, and is payable as follows:
(1) The petitioner for letters under subdivision (a) shall pay the
sum of three hundred twenty dollars ($320) at the time of filing the
petition.
(2) In a decedent's estate under subdivision (a), the balance of
the uniform filing fee, if any, shall be paid by the general personal
representative of the estate no later than the date the general
personal representative files its final account or report and
petition for settlement or for final distribution, under rules
adopted by the Judicial Council, without regard to whether the
representative was appointed by the court on a petition under
subdivision (a) or a petition under subdivision (d).
(3) The full uniform filing fee for a trust under subdivision (a)
shall be paid when the first account is filed.
(c) The uniform filing fee for the first objections to the probate
of any will or codicil under Section 8250 of the Probate Code, or
the first petition for revocation of probate of any will or codicil
under Section 8270 of the Probate Code, is three hundred twenty
dollars ($320). The uniform filing fee for the first petition for
special letters of administration without the powers of a general
personal representative is the fee provided in Section 70657.5. Where
objections to the probate of a will or codicil or a petition for
revocation of probate of a will or codicil are filed together with a
petition for appointment of a personal representative described in
subdivision (d) filed by the same person, only the fee provided in
subdivision (d) shall be charged to that person.
(d) A fee of three hundred twenty dollars ($320) shall also be
charged for filing each subsequent petition or objections of a type
described in subdivision (a) in the same proceeding by a person other
than the original petitioner or contestant. The same fee as provided
in subdivision (c) shall be charged for filing each subsequent
petition or objections of a type described in that subdivision in the
same proceeding by a person other than the original petitioner or
contestant.
(e) Notwithstanding Section 70658.5, if a petition for special
letters of administration without the powers of a general personal
representative is filed together with a petition for appointment of
an administrator with general powers under subdivision (a) or
subdivision (d) by the same person, the person filing the petitions
shall be charged the applicable filing fees for both petitions.
(f) The first three hundred twenty dollars ($320) of the filing
fee charged under this section shall be distributed as provided in
Section 68085.3. The remainder shall be distributed to the Trial
Court Trust Fund.
SEC. 32. Section 70651 of the Government Code is amended to read:
70651. (a) The uniform filing fee for objections or any other
paper in opposition to a petition or account described in subdivision
(a) of Section 70650, other than a petition described in subdivision
(d) of Section 70650, is three hundred twenty dollars ($320). If
objections or any other paper in opposition are filed together with a
petition described in subdivision (d) of Section 70650 by the same
person, only the fee provided in subdivision (d) of Section 70650
shall be charged to that person.
(b) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 33. Section 70653 of the Government Code is amended to read:
70653. (a) The uniform filing fee for a petition for appointment
of a conservator, a guardian of the estate, or a guardian of the
person and estate, pursuant to Division 4 (commencing with Section
1400) of the Probate Code, is three hundred twenty dollars ($320).
(b) Except as provided in subdivision (f), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) or (d) is three hundred twenty dollars ($320).
(c) If a competing petition for appointment of a guardian or
conservator subject to the fee under subdivision (a) is filed
together with opposition to the petition of another by the same
person, the person filing the competing petition and opposition shall
be charged a filing fee only for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian or conservator is filed together with a
petition for appointment of a guardian or conservator under
subdivision (a), or a competing petition under subdivision (c) by the
same person, the person filing the petitions shall be charged the
applicable filing fees for both petitions.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
(f) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the proposed
conservatee, or the minor or a parent of the minor who is the subject
of a guardianship proceeding.
SEC. 34. Section 70654 of the Government Code is amended to read:
70654. (a) The uniform filing fee for a petition for appointment
of a guardian of the person only, is one hundred eighty dollars
($180).
(b) Except as provided in subdivision (e), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) is one hundred eighty dollars ($180).
(c) If a competing petition for appointment of a guardian subject
to the fee under subdivision (a) is filed together with opposition to
the petition of another by the same person, the person filing the
competing petition and opposition shall be charged a filing fee only
for the competing petition.
(d) Notwithstanding Section 70658.5, if a petition for appointment
of a temporary guardian is filed together with a petition for
appointment of a guardian under subdivision (a), or a competing
petition under subdivision (c) by the same person, the person filing
the petitions shall be charged the applicable filing fees for both
petitions.
(e) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the minor or a
parent of the minor who is the subject of the proceeding.
(f) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(g) No other fees shall be charged for filing a paper under this
section in addition to the uniform filing fee provided for in this
section.
SEC. 35. Section 70655 of the Government Code is amended to read:
70655. (a) The uniform filing fee for a petition that commences
any of the proceedings under the Probate Code listed in subdivision
(c) is three hundred twenty dollars ($320).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is three hundred
twenty dollars ($320).
(c) This section applies to petitions or opposition concerning the
following proceedings:
(1) A petition for compromise of a minor's claim pursuant to
Section 3600 of the Probate Code.
(2) A petition to determine succession to real property pursuant
to Section 13151 of the Probate Code.
(3) A spousal or domestic partnership property petition pursuant
to Section 13650 of the Probate Code, except as provided in Section
13652 of the Probate Code.
(4) A petition to establish the fact of death to determine title
to real property under Section 200 of the Probate Code.
(5) A petition for an order concerning a particular transaction
pursuant to Section 3100 of the Probate Code.
(6) A petition concerning capacity determination and health care
decision for adult without conservator pursuant to Section 3200 of
the Probate Code.
(7) A petition concerning an advance health care directive
pursuant to Section 4766 of the Probate Code.
(8) A petition concerning a power of attorney pursuant to Section
4541 of the Probate Code.
(9) A petition for approval, compromise, or settlement of claims
against a deceased settlor, or for allocation of amounts due between
trusts, pursuant to Section 19020 of the Probate Code.
(10) Any other petition that commences a proceeding under the
Probate Code not otherwise provided for in this article.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
SEC. 36. Section 70657 of the Government Code is amended to read:
70657. (a) Except as provided in subdivision (c), the uniform fee
for filing a motion or other paper requiring a hearing subsequent to
the first paper in a proceeding under the Probate Code, other than a
petition or application or opposition described in Sections 70657.5
and 70658, is forty dollars ($40). This fee shall be charged for the
following papers:
(1) Papers listed in subdivision (a) of Section 70617.
(2) Applications for ex parte relief, whether or not notice of the
application to any person is required, except an ex parte petition
for discharge of a personal representative, conservator, or guardian
upon completion of a court-ordered distribution or transfer, for
which no fee shall be charged.
(b) There shall be no fee under subdivision (a) for filing any of
the papers listed under subdivision (b) of Section 70617.
(c) The summary judgment fee provided in subdivision (d) of
Section 70617 shall apply to summary judgment motions in proceedings
under the Probate Code.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a) and (c) apply separately to each motion or other
paper filed. The Judicial Council may publish rules to give uniform
guidance to courts in applying fees under this section.
SEC. 37. Section 70657.5 is added to the Government Code, to read:
70657.5. (a) The uniform fee for filing the following petitions
or applications, and objections or other opposition, is forty dollars
($40):
(1) Petitions or applications, or opposition, concerning the
internal affairs of a trust that are not subject to the filing fees
provided in Section 70650, 70651, or 70652.
(2) Petitions or applications, or objections, filed subsequent to
issuance of temporary letters of conservatorship or guardianship or
letters of conservatorship or guardianship that are not subject to
the filing fee provided in subdivision (a) of Section 70658.
(3) Petitions or applications, or objections, filed subsequent to
issuance of special letters of administration or letters testamentary
or of administration in decedent's estate proceedings that are not
subject to the filing fee provided in subdivision (a) of Section
70658.
(4) The first or subsequent petition for special letters of
administration without the powers of a general personal
representative.
(5) The first or subsequent petition for temporary letters of
conservatorship or guardianship.
(b) No fee is payable under this section for any of the following:
(1) A petition or opposition filed subsequent to issuance of
letters of temporary guardianship or letters of guardianship in a
guardianship described in Section 70654.
(2) A petition filed by a personal representative of a decedent's
estate commenced on or after August 18, 2003, that is described or
referred to in subdivision (d) of Section 70658.
(3) A disclaimer of an interest in a decedent's estate.
SEC. 38. Section 70658 of the Government Code is amended to read:
70658. (a) Except as provided in subdivisions (c) and (d), the
uniform fee for filing a petition or application, or objections or
any other paper in opposition to a petition or application listed in
this subdivision, filed after issuance of letters testamentary,
letters of administration, letters of special administration to a
personal representative of a decedent's estate, or letters of
guardianship or conservatorship, or letters of temporary guardianship
or conservatorship to a guardian or conservator, is one hundred
eighty dollars ($180). This section shall apply to the following
petitions or applications, or opposition:
(1) Petition or application for or opposition to an order
directing, authorizing, approving, or confirming the sale, lease,
encumbrance, grant of an option, purchase, conveyance, or exchange of
property.
(2) Petition or application for or opposition to an order settling
an account of a fiduciary.
(3) Petition or application for or opposition to an order
authorizing, instructing, or directing a fiduciary, or approving or
confirming the acts of a fiduciary.
(4) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of an attorney.
(5) Petition or application for or opposition to an order fixing,
authorizing, allowing, or directing payment of compensation or
expenses of a fiduciary.
(6) Petition or application for or opposition to an order
surcharging or removing a fiduciary.
(7) Petition or application for or opposition to an order
transferring or authorizing the transfer of the property of an estate
to a fiduciary in another jurisdiction.
(8) Petition or application for or opposition to an order allowing
a fiduciary's request to resign.
(9) Petition or application for or opposition to an order
adjudicating the merits of a claim made under Part 19 (commencing
with Section 850) of Division 2 of the Probate Code.
(10) Petition or application for or opposition to an order
granting permission to fix the residence of a ward or conservatee at
a place not within this state.
(11) Petition or application for or opposition to an order
directing, authorizing, approving, or modifying payments for support,
maintenance, or education of a ward or conservatee or for a person
entitled to support, maintenance, or education from a ward or
conservatee.
(12) Petition or application for or opposition to an order
granting or denying a request under Section 2423, concerning payment
of surplus income to the relatives of a conservatee, or Section 2580,
concerning substituted judgment, of the Probate Code.
(13) Petition or application for or opposition to an order
affecting the legal capacity of a conservatee pursuant to Chapter 4
(commencing with Section 1870) of Part 3 of Division 4 of the Probate
Code.
(14) Petition or application for or opposition to an order
adjudicating the merits of a claim under Article 5 (commencing with
Section 2500) of Chapter 6 of Part 4 of Division 4 of the Probate
Code.
(b) The uniform fee in subdivision (a) shall be distributed as
provided in Section 68085.4. No other fee shall be charged for filing
a paper under this section in addition to the uniform filing fee
provided for in this section.
(c) The fee provided in this section shall not be charged for
filing any of the following papers:
(1) A petition or application, or opposition, in a guardianship
proceeding under Section 70654.
(2) A disclaimer of an interest in a decedent's estate.
(d) The fee provided in this section shall not be charged to a
personal representative of a decedent's estate in a proceeding
commenced on or after August 18, 2003, for any petition or
application filed in the proceeding by the personal representative
concerning any of the following actions:
(1) Allowance of the personal representative's compensation.
(2) Allowance of the compensation for the attorney for the
personal representative.
(3) Settlement of accounts.
(4) Preliminary and final distributions and discharge.
(5) Sale of property of the estate to the personal representative
or to the attorney for the personal representative.
(6) Exchange of property of the estate for property of the
personal representative or property of the attorney for the personal
representative.
(7) Grant of an option to purchase property of the estate to the
personal representative or to the attorney for the personal
representative.
(8) Allowance, payment, or compromise of a claim of the personal
representative, or the attorney for the personal representative,
against the estate.
(9) Compromise or settlement of a claim, action, or proceeding by
the estate against the personal representative or the attorney for
the personal representative.
(10) Extension, renewal, or modification of the terms of a debt or
other obligation of the personal representative or the attorney for
the personal representative owing to or in favor of the decedent or
the estate.
(11) Sale, exchange, or grant of an option to purchase real
property.
(12) Borrowing money with the loan secured by an encumbrance on
real property.
SEC. 39. Section 70658.5 is added to the Government Code, to read:
70658.5. If a petition or application, or opposition to a
petition or application, described in Sections 70650 to 70656,
inclusive, or Sections 70657.5 to 70658, inclusive, is filed
combining requests for relief or opposition to relief that could have
been stated in separate petitions or applications, or objections or
other opposition, only one filing fee shall be charged under this
article. If a filing combines petitions, applications, or objections,
or other opposition to a petition or application, that would be
subject to different filing fees under this article, the higher of
the applicable filing fees shall be charged.
SEC. 40. Section 70677 of the Government Code is amended to read:
70677. (a) The uniform fee for filing any motion, application,
order to show cause, or any other paper requiring a hearing
subsequent to the first paper is forty dollars ($40). Papers for
which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary
prejudgment or postjudgment orders, including, but not limited to,
orders to establish, modify, or enforce child, spousal, or partner
support, custody and visitation of children, division and control of
property, attorney's fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section
for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer
that is the first paper filed in an action and on which a first
paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 4951 of
the Family Code.
(4) An application to determine the judgment after entry of
default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review,
mandate, or prohibition that is the first paper filed in an action
and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring
a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a
hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required
under paragraph (1) of subdivision (a) and under subdivision (c)
apply separately to each motion or other paper filed. If an order to
show cause or notice of motion is filed as specified in paragraph (2)
of subdivision (a) combining requests for relief or opposition to
relief on more than one issue, only one filing fee shall be charged
under this section. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
SEC. 41. Section 11488.5 of the Health and Safety Code is amended
to read:
11488.5. (a) (1) Any person claiming an interest in the property
seized pursuant to Section 11488 may, unless for good cause shown the
court extends the time for filing, at any time within 30 days from
the date of the first publication of the notice of seizure, if that
person was not personally served or served by mail, or within 30 days
after receipt of actual notice, file with the superior court of the
county in which the defendant has been charged with the underlying or
related criminal offense or in which the property was seized or, if
there was no seizure, in which the property is located, a claim,
verified in accordance with Section 446 of the Code of Civil
Procedure, stating his or her interest in the property. An endorsed
copy of the claim shall be served by the claimant on the Attorney
General or district attorney, as appropriate, within 30 days of the
filing of the claim. The Judicial Council shall develop and approve
official forms for the verified claim that is to be filed pursuant to
this section. The official forms shall be drafted in nontechnical
language, in English and in Spanish, and shall be made available
through the office of the clerk of the appropriate court.
(2) Any person who claims that the property was assigned to him or
to her prior to the seizure or notification of pending forfeiture of
the property under this chapter, whichever occurs first, shall file
a claim with the court and prosecuting agency pursuant to Section
11488.5 declaring an interest in that property and that interest
shall be adjudicated at the forfeiture hearing. The property shall
remain under control of the law enforcement or prosecutorial agency
until the adjudication of the forfeiture hearing. Seized property
shall be protected and its value shall be preserved pending the
outcome of the forfeiture proceedings.
(3) The clerk of the court shall not charge or collect a fee for
the filing of a claim in any case in which the value of the
respondent property as specified in the notice is five thousand
dollars ($5,000) or less. If the value of the property as specified
in the notice is more than five thousand dollars ($5,000), the clerk
of the court shall charge the filing fee specified in Section 70611
of the Government Code.
(4) The claim of a law enforcement agency to property seized
pursuant to Section 11488 or subject to forfeiture shall have
priority over a claim to the seized or forfeitable property made by
the Franchise Tax Board in a notice to withhold issued pursuant to
Section 18817 or 26132 of the Revenue and Taxation Code.
(b) (1) If at the end of the time set forth in subdivision (a)
there is no claim on file, the court, upon motion, shall declare the
property seized or subject to forfeiture pursuant to subdivisions (a)
to (g), inclusive, of Section 11470 forfeited to the state. In
moving for a default
judgment pursuant to this subdivision, the state or local
governmental entity shall be required to establish a prima facie case
in support of its petition for forfeiture.
(2) The court shall order the forfeited property to be distributed
as set forth in Section 11489.
(c) (1) If a verified claim is filed, the forfeiture proceeding
shall be set for hearing on a day not less than 30 days therefrom,
and the proceeding shall have priority over other civil cases. Notice
of the hearing shall be given in the same manner as provided in
Section 11488.4. Such a verified claim or a claim filed pursuant to
subdivision (j) of Section 11488.4 shall not be admissible in the
proceedings regarding the underlying or related criminal offense set
forth in subdivision (a) of Section 11488.
(2) The hearing shall be by jury, unless waived by consent of all
parties.
(3) The provisions of the Code of Civil Procedure shall apply to
proceedings under this chapter unless otherwise inconsistent with the
provisions or procedures set forth in this chapter. However, in
proceedings under this chapter, there shall be no joinder of actions,
coordination of actions, except for forfeiture proceedings, or
cross-complaints, and the issues shall be limited strictly to the
questions related to this chapter.
(d) (1) At the hearing, the state or local governmental entity
shall have the burden of establishing, pursuant to subdivision (i) of
Section 11488.4, that the owner of any interest in the seized
property consented to the use of the property with knowledge that it
would be or was used for a purpose for which forfeiture is permitted,
in accordance with the burden of proof set forth in subdivision (i)
of Section 11488.4.
(2) No interest in the seized property shall be affected by a
forfeiture decree under this section unless the state or local
governmental entity has proven that the owner of that interest
consented to the use of the property with knowledge that it would be
or was used for the purpose charged. Forfeiture shall be ordered
when, at the hearing, the state or local governmental entity has
shown that the assets in question are subject to forfeiture pursuant
to Section 11470, in accordance with the burden of proof set forth in
subdivision (i) of Section 11488.4.
(e) The forfeiture hearing shall be continued upon motion of the
prosecution or the defendant until after a verdict of guilty on any
criminal charges specified in this chapter and pending against the
defendant have been decided. The forfeiture hearing shall be
conducted in accordance with Sections 190 to 222.5, inclusive,
Sections 224 to 234, inclusive, Section 237, and Sections 607 to 630,
inclusive, of the Code of Civil Procedure if a trial by jury, and by
Sections 631 to 636, inclusive, of the Code of Civil Procedure if by
the court. Unless the court or jury finds that the seized property
was used for a purpose for which forfeiture is permitted, the court
shall order the seized property released to the person it determines
is entitled thereto.
If the court or jury finds that the seized property was used for a
purpose for which forfeiture is permitted, but does not find that a
person claiming an interest therein, to which the court has
determined he or she is entitled, had actual knowledge that the
seized property would be or was used for a purpose for which
forfeiture is permitted and consented to that use, the court shall
order the seized property released to the claimant.
(f) All seized property which was the subject of a contested
forfeiture hearing and which was not released by the court to a
claimant shall be declared by the court to be forfeited to the state,
provided the burden of proof required pursuant to subdivision (i) of
Section 11488.4 has been met. The court shall order the forfeited
property to be distributed as set forth in Section 11489.
(g) All seized property which was the subject of the forfeiture
hearing and which was not forfeited shall remain subject to any order
to withhold issued with respect to the property by the Franchise Tax
Board.
SEC. 42. 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 superior court, where the appeal shall be heard de novo. The
court shall charge the first paper filing fee under Section 70611 of
the Government Code to the party seeking review. The fee shall be
distributed as provided in Section 68085.3 of the Government Code. 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 is
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, is forfeited
to the employee.
(c) If the party seeking review by filing an appeal to the
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. An employee is successful if the court
awards an amount greater than zero.
(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 superior court 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 has the same force and effect as, and is 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) (1) 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.
(2) 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, other 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, is entitled to court costs and reasonable
attorney's fees for enforcing the judgment that is rendered pursuant
to this section.
SEC. 43. Section 1214.1 of the Penal
Code is amended to read:
1214.1. (a) In addition to any other penalty in infraction,
misdemeanor, or felony cases, the court may impose a civil assessment
of up to three hundred dollars ($300) against any defendant who
fails, after notice and without good cause, to appear in court for
any proceeding authorized by law or who fails to pay all or any
portion of a fine ordered by the court or to pay an installment
of bail as agreed to under Section 40510.5 of the Vehicle Code
. This assessment shall be deposited in the Trial Court Trust Fund,
as provided in Section 68085.1 of the Government Code.
(b) The assessment shall not become effective until at least 10
calendar days after the court mails a warning notice to the defendant
by first-class mail to the address shown on the notice to appear or
to the defendant's last known address. If the defendant appears
within the time specified in the notice and shows good cause for the
failure to appear or for the failure to pay a fine or
installment of bail , the court shall vacate the assessment.
(c) If a civil assessment is imposed under this section, no bench
warrant or warrant of arrest shall be issued with respect to the
failure to appear at the proceeding for which the assessment is
imposed or the failure to pay the fine or installment of bail
. An outstanding, unserved bench warrant or warrant of arrest
for a failure to appear or for a failure to pay a fine or
installment of bail shall be recalled prior to the subsequent
imposition of a civil assessment.
(d) The assessment imposed under subdivision (a) shall be subject
to the due process requirements governing defense and collection of
civil money judgments generally.
(e) Each court and county shall maintain the collection program
that was in effect on July 1, 2005, unless otherwise agreed to by the
court and county. If a court and a county do not agree on a plan for
the collection of civil assessments imposed pursuant to this
section, or any other collections under Section 1463.010, after the
implementation of Sections 68085.6 and 68085.7 of the Government
Code, the court or the county may request arbitration by a third
party mutually agreed upon by the Administrative Director of the
Courts and the California State Association of Counties.
SEC. 43. SEC. 44. Section 12028.5 of
the Penal Code is amended to read:
12028.5. (a) As used in this section, the following definitions
shall apply:
(1) "Abuse" means any of the following:
(A) Intentionally or recklessly to cause or attempt to cause
bodily injury.
(B) Sexual assault.
(C) To place a person in reasonable apprehension of imminent
serious bodily injury to that person or to another.
(D) To molest, attack, strike, stalk, destroy personal property,
or violate the terms of a domestic violence protective order issued
pursuant to Part 4 (commencing with Section 6300) of Division 10 of
the Family Code.
(2) "Domestic violence" means abuse perpetrated against any of the
following persons:
(A) A spouse or former spouse.
(B) A cohabitant or former cohabitant, as defined in Section 6209
of the Family Code.
(C) A person with whom the respondent is having or has had a
dating or engagement relationship.
(D) A person with whom the respondent has had a child, where the
presumption applies that the male parent is the father of the child
of the female parent under the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code).
(E) A child of a party or a child who is the subject of an action
under the Uniform Parentage Act, where the presumption applies that
the male parent is the father of the child to be protected.
(F) Any other person related by consanguinity or affinity within
the second degree.
(3) "Deadly weapon" means any weapon, the possession or concealed
carrying of which is prohibited by Section 12020.
(b) A sheriff, undersheriff, deputy sheriff, marshal, deputy
marshal, or police officer of a city, as defined in subdivision (a)
of Section 830.1, a peace officer of the Department of the California
Highway Patrol, as defined in subdivision (a) of Section 830.2, a
member of the University of California Police Department, as defined
in subdivision (b) of Section 830.2, an officer listed in Section
830.6 while acting in the course and scope of his or her employment
as a peace officer, a member of a California State University Police
Department, as defined in subdivision (c) of Section 830.2, a peace
officer of the Department of Parks and Recreation, as defined in
subdivision (f) of Section 830.2, a peace officer, as defined in
subdivision (d) of Section 830.31, a peace officer, as defined in
subdivisions (a) and (b) of Section 830.32, and a peace officer, as
defined in Section 830.5, who is at the scene of a domestic violence
incident involving a threat to human life or a physical assault,
shall take temporary custody of any firearm or other deadly weapon in
plain sight or discovered pursuant to a consensual or other lawful
search as necessary for the protection of the peace officer or other
persons present. Upon taking custody of a firearm or other deadly
weapon, the officer shall give the owner or person who possessed the
firearm a receipt. The receipt shall describe the firearm or other
deadly weapon and list any identification or serial number on the
firearm. The receipt shall indicate where the firearm or other deadly
weapon can be recovered, the time limit for recovery as required by
this section, and the date after which the owner or possessor can
recover the firearm or other deadly weapon. No firearm or other
deadly weapon shall be held less than 48 hours. Except as provided in
subdivision (f), if a firearm or other deadly weapon is not retained
for use as evidence related to criminal charges brought as a result
of the domestic violence incident or is not retained because it was
illegally possessed, the firearm or other deadly weapon shall be made
available to the owner or person who was in lawful possession 48
hours after the seizure or as soon thereafter as possible, but no
later than five business days after the owner or person who was in
lawful possession demonstrates compliance with Section 12021.3. In
any civil action or proceeding for the return of firearms or
ammunition or other deadly weapon seized by any state or local law
enforcement agency and not returned within five business days
following the initial seizure, except as provided in subdivision (d),
the court shall allow reasonable attorney's fees to the prevailing
party.
(c) Any peace officer, as defined in subdivisions (a) and (b) of
Section 830.32, who takes custody of a firearm or deadly weapon
pursuant to this section shall deliver the firearm within 24 hours to
the city police department or county sheriff's office in the
jurisdiction where the college or school is located.
(d) Any firearm or other deadly weapon that has been taken into
custody that has been stolen shall be restored to the lawful owner,
as soon as its use for evidence has been served, upon his or her
identification of the firearm or other deadly weapon and proof of
ownership, and after the law enforcement agency has complied with
Section 12021.3.
(e) Any firearm or other deadly weapon taken into custody and held
by a police, university police, or sheriff's department or by a
marshal's office, by a peace officer of the Department of the
California Highway Patrol, as defined in subdivision (a) of Section
830.2, by a peace officer of the Department of Parks and Recreation,
as defined in subdivision (f) of Section 830.2, by a peace officer,
as defined in subdivision (d) of Section 830.31, or by a peace
officer, as defined in Section 830.5, for longer than 12 months and
not recovered by the owner or person who has lawful possession at the
time it was taken into custody, shall be considered a nuisance and
sold or destroyed as provided in subdivision (c) of Section 12028.
Firearms or other deadly weapons not recovered within 12 months due
to an extended hearing process as provided in subdivision (j), are
not subject to destruction until the court issues a decision, and
then only if the court does not order the return of the firearm or
other deadly weapon to the owner.
(f) In those cases in which a law enforcement agency has
reasonable cause to believe that the return of a firearm or other
deadly weapon would be likely to result in endangering the victim or
the person reporting the assault or threat, the agency shall advise
the owner of the firearm or other deadly weapon, and within 60 days
of the date of seizure, initiate a petition in superior court to
determine if the firearm or other deadly weapon should be returned.
The law enforcement agency may make an ex parte application stating
good cause for an order extending the time to file a petition.
Including any extension of time granted in response to an ex parte
request, a petition must be filed within 90 days of the date of
seizure of the firearm or other deadly weapon.
(g) The law enforcement agency shall inform the owner or person
who had lawful possession of the firearm or other deadly weapon, at
that person's last known address by registered mail, return receipt
requested, that he or she has 30 days from the date of receipt of the
notice to respond to the court clerk to confirm his or her desire
for a hearing, and that the failure to respond shall result in a
default order forfeiting the confiscated firearm or other deadly
weapon. For the purposes of this subdivision, the person's last known
address shall be presumed to be the address provided to the law
enforcement officer by that person at the time of the family violence
incident. In the event the person whose firearm or other deadly
weapon was seized does not reside at the last address provided to the
agency, the agency shall make a diligent, good faith effort to learn
the whereabouts of the person and to comply with these notification
requirements.
(h) If the person requests a hearing, the court clerk shall set a
hearing no later than 30 days from receipt of that request. If the
request for a hearing is the first responsive paper as described in
Section 70612 of the Government Code, the court clerk shall charge
the fee prescribed in that section. The court clerk shall notify the
person, the law enforcement agency involved, and the district
attorney of the date, time, and place of the hearing. Unless it is
shown by a preponderance of the evidence that the return of the
firearm or other deadly weapon would result in endangering the victim
or the person reporting the assault or threat, the court shall order
the return of the firearm or other deadly weapon and shall award
reasonable attorney's fees to the prevailing party.
(i) If the person does not request a hearing or does not otherwise
respond within 30 days of the receipt of the notice, the law
enforcement agency may file a petition for an order of default and
may dispose of the firearm or other deadly weapon as provided in
Section 12028.
(j) If, at the hearing, the court does not order the return of the
firearm or other deadly weapon to the owner or person who had lawful
possession, that person may petition the court for a second hearing
within 12 months from the date of the initial hearing. If there is a
petition for a second hearing, unless it is shown by clear and
convincing evidence that the return of the firearm or other deadly
weapon would result in endangering the victim or the person reporting
the assault or threat, the court shall order the return of the
firearm or other deadly weapon and shall award reasonable attorney's
fees to the prevailing party. If the owner or person who had lawful
possession does not petition the court within this 12-month period
for a second hearing or is unsuccessful at the second hearing in
gaining return of the firearm or other deadly weapon, the firearm or
other deadly weapon may be disposed of as provided in Section 12028.
(k) The law enforcement agency, or the individual law enforcement
officer, shall not be liable for any act in the good faith exercise
of this section.
SEC. 44. SEC. 45. Section 99582 of
the Public Utilities Code is amended to read:
99582. (a) Within 30 calendar days after the mailing or personal
delivery of the decision described in subdivision (c) of Section
99581, the person may seek review by filing an appeal to be heard by
the superior 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 fare evasion or
passenger conduct violation shall be admitted into evidence as prima
facie evidence of the facts stated therein establishing a rebuttable
presumption affecting the burden of producing evidence. A copy of the
notice of appeal shall be served in person or by first-class mail
upon the processing agency by the person filing the appeal. 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) Notwithstanding any other provision of law, the fee for filing
the notice of appeal shall be as provided in Section 70615 of the
Government Code. 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 appellant
of the appearance date by mail or personal delivery. The court shall
retain the fee regardless of the outcome of the appeal. If the court
finds in favor of the appellant, the amount of the filing fee shall
be reimbursed to the appellant by the processing agency. Any deposit
of fare evasion or passenger conduct 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 a commissioner and other
subordinate judicial officers at the direction of the presiding judge
of the court.
(d) If a notice of appeal of the processing agency's decision
described in subdivision (c) of Section 99581 is not filed within the
period set forth in subdivision (a), that decision shall be deemed
final.
SEC. 45. SEC. 46. 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 superior 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 fee for filing the notice of appeal is as provided in
Section 70615 of the Government Code. 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 fee under Section 70615
of the Government Code 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. 47. Section 40307 of the Vehicle
Code is amended to read:
40307. (a) When an arresting officer
attempts to take a person arrested for a misdemeanor or infraction of
this code before a magistrate and the magistrate or person
authorized to act for him or her is not available, the
arresting officer shall take the person arrested, without unnecessary
delay, before one of the following :
(a)
(1) The clerk of the magistrate , who shall
admit him the person to bail
in accordance with for the full amount set
for the offense in a schedule
fixed as provided in Section 1269b of the Penal Code , or
.
(b)
(2) The officer in charge of the most accessible county
or city jail or other place of detention within the county ,
who shall admit him the person to
bail in accordance with for the full amount
set for the offense in a schedule fixed as provided in Section
1269b of the Penal Code or may, in lieu of bail, release the person
on his or her written promise to appear as provided in
subdivisions (a) through to (f) ,
inclusive, of Section 853.6 of the Penal Code.
Whenever
(b) Whenever a person is taken
into custody pursuant to subdivision (a) of Section 40302 and is
arrested for a misdemeanor or infraction of this code pertaining to
the operation of a motor vehicle, the officer in charge of the most
accessible county or city jail or other place of detention within the
county may detain the person arrested for a reasonable period of
time, not to exceed two hours, in order to verify his or her
identity.
SEC. 48. Section 40508 of the Vehicle
Code is amended to read:
40508. (a) A person willfully violating his or her written
promise to appear or a lawfully granted continuance of his or her
promise to appear in court or before a person authorized to receive a
deposit of bail is guilty of a misdemeanor regardless of the
disposition of the charge upon which he or she was originally
arrested.
(b) A person willfully failing to pay bail in installments as
agreed to under Section 40510.5 or a lawfully imposed fine for
a violation of a provision of this code or a local ordinance adopted
pursuant to this code within the time authorized by the court and
without lawful excuse having been presented to the court on or before
the date the bail or fine is due is guilty of a
misdemeanor regardless of the full payment of the bail or
fine after that time.
(c) A person willfully failing to comply with a condition of a
court order for a violation of this code, other than for failure to
appear or failure to pay a fine, is guilty of a misdemeanor,
regardless of his or her subsequent compliance with the order.
(d) If a person convicted of an infraction fails to pay bail
in installments as agreed to under Section 40510.5, or a fine
or an installment thereof , within the time authorized by
the court, the court may, except as otherwise provided in this
subdivision, impound the person's driver's license and order the
person not to drive for a period not to exceed 30 days. Before
returning the license to the person, the court shall endorse on the
reverse side of the license that the person was ordered not to drive,
the period for which that order was made, and the name of the court
making the order. If a defendant with a class C or M driver's license
satisfies the court that impounding his or her driver's license and
ordering the defendant not to drive will affect his or her
livelihood, the court shall order that the person limit his or her
driving for a period not to exceed 30 days to driving that is
essential in the court's determination to the person's employment,
including the person's driving to and from his or her place of
employment if other means of transportation are not reasonably
available. The court shall provide for the endorsement of the
limitation on the person's license. The impounding of the license and
ordering the person not to drive or the order limiting the person's
driving does not constitute a suspension of the license, but a
violation of the order constitutes contempt of court.
SEC. 49. Section 40509 of the Vehicle
Code is amended to read:
40509. (a) Except as required under subdivision (c) of Section
40509.5, if any person has violated a written promise to appear or a
lawfully granted continuance of his or her promise to appear in court
or before the person authorized to receive a deposit of bail, or
violated an order to appear in court, including, but not limited to,
a written notice to appear issued in accordance with Section 40518,
the magistrate or clerk of the court may give notice of the failure
to appear to the department for any violation of this code, or any
violation that can be heard by a juvenile traffic hearing referee
pursuant to Section 256 of the Welfare and Institutions Code, or any
violation of any other statute relating to the safe operation of a
vehicle, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the case in which the promise was given is
adjudicated or the person who has violated the court order appears in
court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall sign and file with the
department a certificate to that effect.
(b) If any person has willfully failed to pay a lawfully imposed
fine within the time authorized by the court or to pay a fine
pursuant to subdivision (a) of Section 42003, the magistrate or clerk
of the court may give notice of the fact to the department for any
violation, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the fine is fully paid, the magistrate or clerk
of the court shall issue and file with the department a certificate
showing that the fine has been paid.
(c) (1) Notwithstanding subdivisions (a) and (b), the court may
notify the department of the total amount of bail, fines,
assessments, and fees authorized or required by this code, including
Section 40508.5, which are unpaid by any person.
(2) Once a court has established the amount of a fine and
any bail, fines, assessments, and fees,
and notified the department, the court shall not further
enhance or modify that amount.
(3) This subdivision applies only to violations of this code that
do not require a mandatory court appearance, are not contested by the
defendant, and do not require proof of correction certified by the
court.
(d) With respect to a violation of this code, this section is
applicable to any court which has not elected to be subject to the
notice requirements of subdivision (b) of Section 40509.5.
(e) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
SEC. 50. Section 40509.5 of the Vehicle
Code is amended to read:
40509.5. (a) Except as required under subdivision (c), if, with
respect to an offense described in subdivision (e), any person has
violated his or her written promise to appear or a lawfully granted
continuance of his or her promise to appear in court or before the
person authorized to receive a deposit of bail, or violated an order
to appear in court, including, but not limited to, a written notice
to appear issued in accordance with Section 40518, the magistrate or
clerk of the court may give notice of the failure to appear to the
department for any violation of this code, any violation that can be
heard by a juvenile traffic hearing referee pursuant to Section 256
of the Welfare and Institutions Code, or any violation of any other
statute relating to the safe operation of a vehicle, except
violations not required to be reported pursuant to paragraphs (1),
(2), (3), (6), and (7) of subdivision (b) of Section 1803. If
thereafter the case in which the promise was given is adjudicated or
the person who has violated the court order appears in court and
satisfies the order of the court, the magistrate or clerk of the
court hearing the case shall sign and file with the department a
certificate to that effect.
(b) If, with respect to an offense described in subdivision (e),
any person has willfully failed to pay a lawfully imposed fine ,
or bail in installments as agreed to under Section 40510.5,
within the time authorized by the court or to pay a fine pursuant to
subdivision (a) of Section 42003, the magistrate or clerk of the
court may give notice of the fact to the department for any
violation, except violations not required to be reported pursuant to
paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section
1803. If thereafter the fine or bail is fully paid, the
magistrate or clerk of the court shall issue and file with the
department a certificate showing that the fine or bail has
been paid.
(c) If any person charged with a violation of Section 23152 or
23153, or Section 191.5 of the Penal Code, or paragraph (3) of
subdivision (c) of Section 192 of that code has violated a lawfully
granted continuance of his or her promise to appear in court or is
released from custody on his or her own recognizance and fails to
appear in court or before the person authorized to receive a deposit
of bail, or violated an order to appear in court, the magistrate or
clerk of the court shall give notice to the department of the failure
to appear. If thereafter the case in which the notice was given is
adjudicated or the person who has violated the court order appears in
court or otherwise satisfies the order of the court, the magistrate
or clerk of the court hearing the case shall prepare and forward to
the department a certificate to that effect.
(d) Except as required under subdivision (c), the court shall mail
a courtesy warning notice to the defendant by first-class mail at
the address shown on the notice to appear, at least 10 days before
sending a notice to the department under this section.
(e) If the court notifies the department of a failure to appear or
pay a fine or bail pursuant to subdivision (a) or (b), no
arrest warrant shall be issued for an alleged violation of
subdivision (a) or (b) of Section 40508, unless one of the following
criteria is met:
(1) The alleged underlying offense is a misdemeanor or felony.
(2) The alleged underlying offense is a violation of any provision
of Division 12 (commencing with Section 24000), Division 13
(commencing with Section 29000), or Division 15 (commencing with
Section 35000), required to be reported pursuant to Section 1803.
(3) The driver's record does not show that the defendant has a
valid California driver's license.
(4) The driver's record shows an unresolved charge that the
defendant is in violation of his or her written promise to appear for
one or more other alleged violations of the law.
(f) Except as required under subdivision (c), in addition to the
proceedings described in this section, the court may elect to notify
the department pursuant to subdivision (c) of Section 40509.
(g) This section is applicable to courts which have elected to
provide notice pursuant to subdivision (b). The method of commencing
or terminating an election to proceed under this section shall be
prescribed by the department.
(h) Any violation subject to Section 40001, which is the
responsibility of the owner of the vehicle, shall not be reported
under this section.
SEC. 51. Section 40510.5 is added to the
Vehicle Code , to read:
40510.5. (a) The clerk of the court may accept a payment and
forfeiture of at least 25 percent of the total bail amount for each
infraction violation of this code prior to the date on which the
defendant promised to appear, or prior to the expiration of any
lawful continuance of that date, or upon receipt of information that
an action has been filed and prior to the scheduled court date, if
all of the following circumstances exist:
(1) The defendant is charged with a nonparking infraction
violation of this code or an infraction violation of an ordinance
adopted pursuant to this code.
(2) The defendant submits proof of correction, when proof of
correction is required to be certified by the court for a correctable
offense.
(3) The offense does not require an appearance in court.
(4) The defendant signs a written agreement to pay and forfeit the
remainder of the required bail according to an installment schedule
as agreed upon with the court. The Judicial Council shall prescribe
the form of the agreement for payment and forfeiture of bail in
installments for infraction violations.
(b) When a clerk accepts an agreement for payment and forfeiture
of bail in installments, the clerk shall continue the appearance date
of the defendant to the date to complete payment and forfeiture of
bail in the agreement.
(c) Except for subdivisions (b) and (c) of Section 1269b and
Section 1305.1, the provisions of Chapter 1 (commencing with Section
1268) of Title 10 of Part 2 of the Penal Code do not apply to an
agreement to pay and forfeit bail in installments under this section.
(d) For the purposes of reporting violations of this code to the
department under Section 1803, the date that the defendant signs an
agreement to pay and forfeit bail in installments shall be reported
as the date of conviction.
(e) When the defendant fails to make an installment payment
according to an agreement under subdivision (a) above, the court may
charge a failure to appear or pay under Section 40508 and impose a
civil assessment as provided in Section 1214.1 of the Penal Code or
issue an arrest warrant for a failure to appear.
(f) Payment of a bail amount under this section is forfeited when
collected and shall be distributed by the court in the same manner as
other fines, penalties, and forfeitures collected for infractions.
(g) A clerk shall collect a fee of up to thirty-five dollars ($35)
to cover the cost of processing an installment payment of bail under
this section.
SEC. 52. Section 40512 of the Vehicle
Code is amended to read:
40512. (a) (1) Except as specified in paragraph (2) and
subdivision (b) , if at the time the case is called for
arraignment before the magistrate the defendant does not appear,
either in person or by counsel, the magistrate may declare the bail
forfeited and may, in his or her discretion, order that no further
proceedings be had in the case, unless the defendant has been charged
with a violation of Section 23111 or 23112, or subdivision (a) of
Section 23113, and he or she has been previously convicted of the
same offense, except if the magistrate finds that undue hardship will
be imposed upon the defendant by requiring him or her to appear, the
magistrate may declare the bail forfeited and order that no further
proceedings shall be had in the case.
(2) If the defendant has posted surety bail and the magistrate has
ordered the bail forfeited and that no further proceedings shall be
had in the case, the bail retains the right to obtain relief from the
forfeiture as provided in Section 1305 of the Penal Code if the
amount of the bond, money, or property deposited exceeds seven
hundred dollars ($700).
(b) (1) If, at the time the case is called for a compliance
appearance before the magistrate, the defendant has entered into a
bail installment agreement pursuant to Section 40510.5 but has not
made an installment payment as agreed and does not appear, either in
person or by counsel, the court may continue the arraignment to a
date beyond the last agreed upon installment payment, issue a warrant
of arrest, or impose a civil assessment as provided in Section
1214.1 of the Penal Code for the failure to appear.
(2) If, at the time the case is called for a compliance appearance
before the magistrate, the defendant has paid all required bail
funds and the defendant does not appear, either in person or by
counsel, the court may order that no further proceedings shall be had
in the case, unless the defendant has been charged with a violation
of Section 23111 or 23112, or subdivision (a) of Section 23113, and
he or she has been previously convicted of the same offense, except
that if the magistrate finds that undue hardship will be imposed upon
the defendant by requiring him or her to appear, the magistrate may
order that no further proceedings shall be had in the case.
(b)
(c) Upon the making of the order that no further
proceedings shall be had, all sums deposited as bail shall be paid
into the city or county treasury, as the case may be.
(c)
(d) If a guaranteed traffic arrest bail bond
certificate has been filed, the clerk of the court shall bill the
issuer for the amount of bail fixed by the uniform countywide
schedule of bail required under subdivision (c) of Section 1269b of
the Penal Code.
(d)
(e) Upon presentation by a court of the bill for a fine
or bail assessed against an individual covered by a guaranteed
traffic arrest bail bond certificate, the issuer shall pay to the
court the amount of the fine or forfeited bail that is within the
maximum amount guaranteed by the terms of the certificate.
(e)
(f) The court shall return the guaranteed traffic
arrest bail bond certificate to the issuer upon receipt of payment in
accordance with subdivision (d).
SEC. 53. Section 40512.6 of the Vehicle
Code is amended to read:
40512.6. If a defendant who elects to attend a traffic violator
school in accordance with Section 42005 and has paid the full
traffic violator school fee under Section 42007 fails to submit
proof of completion within the time ordered by the court or any
extension thereof, the court may, following notice to the defendant,
order that the fee paid by the defendant be converted to bail and
declare the bail forfeited. The bail forfeiture under this section
shall be distributed as provided by Section 42007. Upon forfeiture of
the bail, the court may order that no further proceedings shall be
had in the case.
SEC. 54. Section 40515 of the Vehicle
Code is amended to read:
40515. (a) When a person signs a written promise to appear or is
granted a continuance of his or her promise to appear at
the time and place specified in the written promise to appear or the
continuance thereof, and has not posted full bail or
has failed to pay an installment of bail as agreed to under Section
40510.5 , the magistrate may issue and have delivered for
execution a warrant for his or her arrest within 20 days
after his or her failure to appear before the magistrate
or pay an installment of bail as agreed , or if the person
promises to appear before an officer authorized to accept bail other
than a magistrate and fails to do so on or before the date on which
he or she promised to appear, then, within 20 days after
the delivery of the written promise to appear by the officer to a
magistrate having jurisdiction over the offense.
(b) When the person violates his or her promise to
appear before an officer authorized to receive bail other than a
magistrate, the officer shall immediately deliver to a magistrate
having jurisdiction over the offense charged the written promise to
appear and the complaint, if any, filed by the arresting officer.
SEC. 55. Section 40521 of the Vehicle
Code is amended to read:
40521. (a) Except when personal appearance is required by the
bail schedule established under Section 1269b of the Penal Code, a
person to whom a notice to appear has been issued under Section
40500, who intends to forfeit bail and to pay any assessment may
forward by United States mail the full amount fixed as
bail, together with the appropriate amount of any assessment, to the
person authorized to receive a deposit of bail. The amounts may be
paid in the form of a personal check which meets the criteria
established pursuant to subdivision (c) of Section 40510, or a bank
cashier's check or a money order. Bail and any assessment shall be
paid not later than the day of appearance set forth in the notice to
appear or prior to the expiration of any lawful continuance of that
date.
(b) Bail forwarded by mail is effective only when the funds are
actually received.
(c) Paragraph (1) of subdivision (a) of Section 40512
is applicable to bail paid pursuant to this section. Upon the making
of the order pursuant to Section 40512 that no further proceedings be
had, the amount paid as bail shall be paid into the city or county
treasury, as the case may be, and the assessment shall be transmitted
to the State Treasury in the manner provided in Section 1464 of the
Penal Code.
SEC. 56. Section 42006 of the Vehicle
Code is amended to read:
42006. (a) Except as provided in subdivision (c), there may be
levied a special assessment in an amount equal to one dollar ($1) for
every fine and , forfeiture, and
traffic violator school fee imposed and collected by any court
which that conducts a night or
weekend session of the court, on all offenses involving a
violation of a section of this code or any local ordinance adopted
pursuant to this code, except offenses relating to parking.
(b) When a person makes a deposit of bail for an offense to which
this section applies, in a case in which the person is required to
appear in a court which that conducts a
night or weekend session, the person making the deposit
shall also deposit a sufficient amount to include the assessment
prescribed in this section for forfeited bail. If bail is forfeited,
the amount of the assessment shall be transmitted by the clerk of the
court to the county treasury for disposition as prescribed by
subdivision (d).
(c) If a court conducts night or weekend sessions at
two or more locations, the court may do either of the following:
(1) Levy assessments only on those persons who are required to
appear at the location where night or weekend sessions are
held.
(2) Levy assessments on persons who have the option to appear at a
location where night or weekend court sessions are held
and that location is within 25 miles of the
location of the court where the person is otherwise required to
appear , if the court prepares and submits a report to the
Legislative Analyst on or before February 1, 1986, which itemizes the
additional costs of the night court session or sessions for the
calendar years of 1983, 1984, and 1985, and the revenues received
from the assessment levied under subdivision (a) in those calendar
years .
(d) After a determination by the court of the amount of the
assessment due, the clerk of the court shall collect the amount and
transmit it to the county treasury to be deposited in the night court
session fund, and the money in the fund shall be expended by the
county for maintaining courts in the county which
that have night or weekend sessions for traffic
offenses.
(e) In any case where a person convicted of any offense to which
this section applies is imprisoned until the fine is satisfied, the
judge court shall waive the penalty
assessment.
SEC. 57. Section 42007 of the Vehicle
Code is amended to read:
42007. (a) (1) The clerk of the court shall
collect a fee from every person who is ordered or permitted to
attend a traffic violator school pursuant to Section 42005 or who
attends any other court-supervised program of traffic safety
instruction. The fee shall be in an amount equal to the total bail
set forth for the eligible offense on the uniform countywide bail
schedule. As used in this subdivision, "total bail" means the amount
established pursuant to Section 1269b of the Penal Code in accordance
with the Uniform Statewide Bail Schedule adopted by the Judicial
Council, including all assessments, surcharges, and penalty amounts.
Where multiple offenses are charged in a single notice to appear, the
"total bail" is the amount applicable for the greater of the
qualifying offenses. However, the court may determine a lesser fee
under this subdivision upon a showing that the defendant is unable to
pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
(2) The clerk may accept from a defendant who is ordered or
permitted to attend traffic violator school a payment of at least 25
percent of the fee required by paragraph (1) upon filing a written
agreement by the defendant to pay the remainder of the fee according
to an installment payment schedule of no more than 90 days as agreed
upon with the court. The Judicial Council shall prescribe the form of
the agreement for payment of the fee in installments. When the
defendant signs the Judicial Council form for payment of the fee in
installments, the court shall continue the case to the date in the
agreement to complete payment of the fee and submit the certificate
of completion of traffic violator school to the court. The clerk
shall collect a fee of up to thirty-five dollars ($35) to cover the
cost of processing an installment payment of the traffic violator
school fee under this paragraph.
(3) When a defendant fails to make an installment payment of the
fee according to an installment agreement, the court may convert the
fee to bail, declare it forfeited, and report the forfeiture as a
conviction under Section 1803. The court may also charge a failure to
pay under Section 40508 and impose a civil assessment as provided in
Section 1214.1 of the Penal Code or issue an arrest warrant for a
failure to pay.
(b) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the Government
Code in the general fund of the county and, as may be applicable,
distributed as follows:
(1) In any county in which a fund is established pursuant to
Section 76100 or 76101 of the Government Code, the sum of one dollar
($1) for each fund so established shall be deposited with the county
treasurer and placed in that fund.
(2) In any county that has established a Maddy
Emergency Medical Services Fund pursuant to Section 1797.98a of the
Health and Safety Code, an amount equal to the sum of each two
dollars ($2) for every seven dollars ($7) that would have been
collected pursuant to Section 76000 of the Government Code shall be
deposited in that fund. Nothing in the act that added this paragraph
shall be interpreted in a manner that would result in either of the
following:
(A) The utilization of penalty assessment funds that had been set
aside, on or before January 1, 2000, to finance debt service on a
capital facility that existed before January 1, 2000.
(B) The reduction of the availability of penalty assessment
revenues that had been pledged, on or before January 1, 2000, as a
means of financing a facility which was approved by a county board of
supervisors, but on January 1, 2000, is not under construction.
(3) The amount of the fee that is attributable to Section 70372 of
the Government Code shall be transferred pursuant to subdivision (f)
of that section.
(c) For fees resulting from city arrests, an amount equal to the
amount of base fines that would have been deposited in the treasury
of the appropriate city pursuant to paragraph (3) of subdivision (b)
of Section 1463.001 of the Penal Code shall be deposited in the
treasury of the appropriate city.
(d) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
(e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.
SEC. 46. SEC. 58. Section 8102 of
the Welfare and Institutions Code is amended to read:
8102. (a) Whenever a person, who has been detained or apprehended
for examination of his or her mental condition or who is a person
described in Section 8100 or 8103, is found to own, have in his or
her possession or under his or her control, any firearm whatsoever,
or any other deadly weapon, the firearm or other deadly weapon shall
be confiscated by any law enforcement agency or peace officer, who
shall retain custody of the firearm or other deadly weapon.
"Deadly weapon," as used in this section, has the meaning
prescribed by Section 8100.
(b) Upon confiscation of any firearm or other deadly weapon from a
person who has been detained or apprehended for examination of his
or her mental condition, the peace officer or law enforcement agency
shall notify the person of the procedure for the return of any
firearm or other deadly weapon which has been confiscated.
Where the person is released, the professional person in charge of
the facility, or his or her designee, shall notify the person of the
procedure for the return of any firearm or other deadly weapon which
may have been confiscated.
Health facility personnel shall notify the confiscating law
enforcement agency upon release of the detained person, and shall
make a notation to the effect that the facility provided the required
notice to the person regarding the procedure to obtain return of any
confiscated firearm.
(c) Upon the release of a person as described in subdivision (b),
the confiscating law enforcement agency shall have 30 days to
initiate a petition in the superior court for a hearing to determine
whether the return of a firearm or other deadly weapon would be
likely to result in endangering the person or others, and to send a
notice advising the person of his or her right to a hearing on this
issue. The law enforcement agency may make an ex parte application
stating good cause for an order extending the time to file a
petition. Including any extension of time granted in response to an
ex parte request, a petition must be filed within 60 days of the
release of the person from a health facility.
(d) If the law enforcement agency does not initiate proceedings
within the 30-day period, or the period of time authorized by the
court in an ex parte order issued pursuant to subdivision (c), it
shall make the weapon available for return.
(e) The law enforcement agency shall inform the person that he or
she has 30 days to respond to the court clerk to confirm his or her
desire for a hearing, and that the failure to respond will result in
a default order forfeiting the confiscated firearm or weapon. For the
purpose of this subdivision, the person's last known address shall
be the address provided to the law enforcement officer by the person
at the time of the person's detention or apprehension.
(f) If the person responds and requests a hearing, the court clerk
shall set a hearing, no later than 30 days from receipt of the
request. The court clerk shall notify the person and the district
attorney of the date, time, and place of the hearing. If the request
for a hearing is the first responsive paper as described in Section
70612 of the Government Code, the court clerk shall charge the fee
prescribed in that section.
(g) If the person does not respond within 30 days of the notice,
the law enforcement agency may file a petition for order of default.