BILL NUMBER: AB 680	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 26, 2009

   An act to amend Sections 26720.9, 26726, 26731, 26736, 26738,
26744.5, 26746, 26746.1 of, and to repeal Section 26744 of, the
Government Code, relating to local government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 680, as introduced, Hall. Local government: sheriff's fees.
   Existing law prescribes fees for serving, executing, and
processing required court notices, writs, orders, and other services
provided by sheriffs and marshals.
   This bill would revise and increase these fees, as specified.
   The bill would delete the fee charged for serving or executing a
bench warrant arising from an order of appearance.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 26720.9 of the Government Code is amended to
read:
   26720.9.  Notwithstanding any other provision of law, the amounts
set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and
26743 shall be  increased to thirty dollars ($30) on January
1, 2001   thirty-five dollars ($35)  .
  SEC. 2.  Section 26726 of the Government Code is amended to read:
   26726.  (a) The fee for keeping and caring for property under a
writ of attachment, execution, possession, or sale shall be 
one hundred twenty dollars ($120)   one hundred forty
dollars ($140)  when necessarily employed for any eight-hour
period or any part thereof. If an additional keeper or keepers are
required during these periods, the fee for the additional keeper or
keepers shall be the same as fixed, but, in no event shall any one
keeper receive more than  two hundred forty dollars ($240)
  two hundred eighty dollars ($280)  during any
24-hour period when so employed.
   (b) In addition to the fees provided by Section 26721, the fee for
maintaining custody of property under levy by the use of a keeper is
 thirty dollars ($30)   thirty-five dollars
($35) for each day custody is maintained after the first day.
   (c) Notwithstanding any other fee charged, a keeper shall receive
 forty dollars ($40)   fifty dollars ($50) 
when, pursuant to Section 26738, a levying officer prepares a
not-found return.
  SEC. 3.  Section 26731 of the Government Code is amended to read:
   26731.   Ten dollars ($10)   Fifteen dollars
($15)  of any fee collected by the sheriff's civil division or
marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730,
26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 of the
Government Code shall be deposited in a special fund in the county
treasury. A separate accounting of funds deposited shall be
maintained for each depositor, and funds deposited shall be for the
exclusive use of the sheriff's civil division or marshal.
   Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal. Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
  SEC. 4.  Section 26736 of the Government Code is amended to read:
   26736.  The fee for cancellation of the service or execution of
any process or notice prior to its completion shall be 
twenty-eight dollars ($28)   thirty-five dollars ($35)
 . The fee provided by this section shall not be charged where a
charge is made pursuant to any other section of this article in
attempting to serve or execute the process or notice.
  SEC. 5.  Section 26738 of the Government Code is amended to read:
   26738.  The fee for making a not found return on a summons,
affidavit and order, order for appearance, subpoena, writ of
attachment, writ of execution, writ of possession, order for delivery
of personal property, or other process or notice required to be
served, certifying that the person or property cannot be found at the
address specified is  thirty dollars ($30)  
thirty-five dollars ($35)  .
  SEC. 6.  Section 26744 of the Government Code is repealed. 

   26744.  The fee for serving or executing a bench warrant arising
from an order of appearance issued under subparagraph (A) of
paragraph (1) of subdivision (a) of Section 491.160 or subparagraph
(A) of paragraph (1) of subdivision (a) of Section 708.170 of the
Code of Civil Procedure is fifty dollars ($50). 
  SEC. 7.  Section 26744.5 of the Government Code is amended to read:

   26744.5.  (a) The fees for processing a warrant issued pursuant to
Section 1993 of the Code of Civil Procedure shall be paid by the
moving party, as follows:
   (1)  Thirty dollars ($30)   Thirty-five
dollars ($35)  to receive and process the warrant, which shall
include the issuance and mailing of a notice advising the person to
be arrested of the issuance of the warrant and demanding that the
person appear in court.
   (2)  Twenty-eight dollars ($28)   Thirty-five
dollars ($35)  to cancel the service of the warrant.
   (3)  Sixty dollars ($60)   Seventy-five
dollars ($75)  if unable to find the person at the address
specified using due diligence.
   (4)  Seventy-five dollars ($75)   Eighty-five
dollars ($85)  to arrest the person, which shall include the
arrest and release of the person on a promise to appear pursuant to
Section 1993.2 of the Code of Civil Procedure.
   (b) The in forma pauperis fee waiver provisions under Rules 3.50
to 3.63, inclusive, of the California Rules of Court shall apply to
the collection of fees under this section.
  SEC. 8.  Section 26746 of the Government Code is amended to read:
   26746.  In addition to any other fees required by law, a
processing fee of  ten dollars ($10)   twelve
dollars ($12)  shall be assessed for each disbursement of money
collected under a writ of attachment, execution, possession, or sale,
but excluding any action by the local child support agency for the
establishment or enforcement of a child support obligation. The fee
shall be collected from the judgment debtor in addition to, and in
the same manner as, the moneys collected under the writ. All proceeds
of this fee shall be deposited in a special fund in the county
treasury. A separate accounting of funds deposited shall be
maintained for each depositor, and funds deposited shall be for the
exclusive use of the depositor.
   The special fund shall be expended to supplement the county's cost
for vehicle fleet replacement and equipment, maintenance, and civil
process operations.
   A fee may not be charged if the only disbursement is the return of
the judgment creditor's deposit for costs.
  SEC. 9.  Section 26746.1 of the Government Code is amended to read:

   26746.1.  A  fifteen dollar ($15)  
seventeen-   dollar ($17)  fee shall be assessed by the
sheriff or marshal for certification of correction on each citation
that requires inspection for proof of correction of any violation
pursuant to Section 40616 of the Vehicle Code.
   All proceeds of the fee shall be deposited in a special fund in
the county treasury. A separate accounting of funds deposited shall
be maintained for each depositor, and funds deposited shall be for
the exclusive use of the sheriff's civil division or marshal.
   Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal. Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.