BILL NUMBER: AB 680	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2009
	AMENDED IN ASSEMBLY  MAY 19, 2009

INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 26, 2009

   An act to amend Sections 685.050, 701.810, and 701.820 of the Code
of Civil Procedure, to amend Sections 905,  26746, and 26680
of,   26680, and 26746 of,   and  to
amend, add, and repeal Sections 26720.9, 26726, 26731, 26736, 26738,
26744.5, and 26746.1 of,  and to repeal Section 26744 of,
 the Government Code, relating to process fees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 680, as amended, Hall. Local government: fees and judgments.
   (1) Existing law, in the case of a writ issued to enforce a
judgment, requires a levying officer to, among other things, compute
and collect the amount of additional interest accrued on the
principal amount of the judgment remaining unsatisfied from the date
of issuance of the writ until the date interest ceases to accrue.
Existing law permits the levying officer to adjust the amount of
daily interest to reflect partial satisfaction, if the amounts
collected periodically do not fully satisfy the money judgment.
   This bill would instead require the levying officer to make that
adjustment.
   (2) Existing law requires a levying officer to distribute the
proceeds or collection of a money judgment by a writ of execution in
order of priority, including to the judgment creditor to (A) satisfy
costs and interest accruing after issuance of the writ pursuant to
which the sale or collection is conducted, and (B) satisfy the amount
due on the judgment with costs and interest, as entered on the writ.

   This bill would specify that the proceeds or collection of a money
judgment to a judgment creditor be distributed in that order. The
bill would also specify that a distribution to the judgment creditor
(A) satisfy any costs and interest accruing on the judgment after
issuance of the writ pursuant to which the sale or collection is
conducted, and (B) satisfy the principal amount due on the judgment
with costs and interest, as entered on the writ.
   (3) Existing law requires the levying officer to promptly
distribute the proceeds of a sale or collection to the entitled
parties, and authorizes the levying officer, if the proceeds are not
to be received in one payment, to accumulate proceeds received during
a 30-day period and make payment of those proceeds to the entitled
parties within 20 days of the end of the 30-day period.
   This bill would require the levying officer, if proceeds are not
received in one payment, to make payment of those proceeds to the
entitled parties within 10 days of the end of the 30-day period.
   (4) Existing law authorizes a person entitled to money held by a
sheriff to make a demand for that money, and if the sheriff neglects
or refuses to pay over to that person the amount owed, the person is
authorized to recover the amount owed, 25% damages, and interest at a
rate of 10% per month from the time of a demand.
   These provisions apply to a levying officer if the levying officer
fails to pay the proceeds or deposit them with the court, as
specified, a person entitled to any of the proceeds has filed a
written demand for payment with the levying officer, and the levying
officer has failed, within 10 days after the demand is filed, to pay
the person that filed the demand the proceeds to which the person is
entitled.
   The bill would authorize a judgment creditor to file an ex parte
application for an order directing the levying officer to show cause
why relief should not be granted pursuant to those provisions, as
specified. The bill would also authorize a person to make a demand
for proceeds to the levying officer in person or by certified mail.
   This bill would also authorize a person who has made a demand for
payment to the sheriff, if the sheriff has neglected or refused to
pay over to that person the amount owed, to receive costs, including
reasonable attorney's fees.
   (5) Existing law bars a suit for money or damages against a local
public entity on a cause of action for which a claim is required to
be presented, until a written claim for it has been presented to the
public entity and acted upon by the governing body of the local
public entity, or has been deemed to have been rejected, except as
specified.
   This bill would exempt claims for the recovery of money from a
levying officer pursuant to a money judgment, under specified
circumstances from these provisions.
   (6) 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, as of January 1, 2011, revise and increase these
fees, as specified.
   (7) Existing law prescribes a processing fee of $10 to be assessed
for each disbursement of money collected pursuant to specified
writs, and further requires that the proceeds of these fees be
deposited in a special fund in the county treasury for vehicle fleet
replacement and equipment, maintenance, and computer automation for
sheriff court services and civil process operations.
   This bill would increase that processing fee to $12. 
   (8) Existing law prescribes a fee of $50 for serving or executing
a bench warrant arising from an order of appearance, as specified.
 
   The bill would delete that fee. 
   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 685.050 of the Code of Civil Procedure is
amended to read:
   685.050.  (a) If a writ is issued pursuant to this title to
enforce a judgment, the costs and interest to be satisfied in a levy
under the writ are the following:
   (1) The statutory fee for issuance of the writ.
   (2) The amount of interest that has accrued from the date of entry
or renewal of the judgment to the date of issuance of the writ, as
adjusted for partial satisfactions, if the judgment creditor has
filed an affidavit with the court clerk stating such amount.
   (3) The amount of interest that accrues on the principal amount of
the judgment remaining unsatisfied from the date of issuance of the
writ until the date interest ceases to accrue.
   (4) The levying officer's statutory costs for performing the
duties under the writ.
   (b) In a levy under the writ, the levying officer shall do all of
the following:
   (1) Collect the amount of costs and interest entered on the writ
pursuant to paragraphs (1) and (2) of subdivision (a).
   (2) Compute and collect the amount of additional interest required
to be collected by paragraph (3) of subdivision (a) by reference to
the daily interest entered on the writ. If amounts collected
periodically do not fully satisfy the money judgment, the levying
officer shall adjust the amount of daily interest to reflect the
partial satisfactions, and make later collections by reference to the
adjusted amount of daily interest.
   (3) Determine and collect the amount of additional costs pursuant
to paragraph (4) of subdivision (a).
  SEC. 2.  Section 701.810 of the Code of Civil Procedure is amended
to read:
   701.810.  Except as otherwise provided by statute, the levying
officer shall distribute the proceeds of sale or collection in the
following order:
   (a) To persons having preferred labor claims that are required by
Section 1206 to be satisfied from the proceeds, in the amounts
required by Section 1206 to be satisfied.
   (b) To the state department or agency having a state tax lien (as
defined in Section 7162 of the Government Code) that is superior to
the judgment creditor's lien, in the amount of the lien.
   (c) If a deposit has been made pursuant to Section 720.260 and the
purchaser at the sale is not the judgment creditor, to the judgment
creditor in the amount required to repay the deposit with interest
thereon at the rate on money judgments from the date of the deposit.
   (d) To the judgment debtor in the amount of any applicable
exemption of proceeds pursuant to Section 704.010 (motor vehicle),
704.020 (household furnishings and other personal effects), or
704.060 (tools of trade), except that such proceeds shall be used to
satisfy all of the following in the order of their respective
priorities:
   (1) Any consensual liens and encumbrances, and any liens for labor
or materials, that are subordinate to the judgment creditor's lien.
   (2) Subject to Section 688.030, any state tax lien (as defined in
Section 7162 of the Government Code) on the property sold if the
notice of state tax lien on the property has been recorded or filed
pursuant to Section 7171 of the Government Code prior to the time the
levying officer received the proceeds of the sale or collection.
   (e) To the levying officer for the reimbursement of the levying
officer's costs for which an advance has not been made.
   (f) To the judgment creditor to satisfy the following, in the
following order:
   (1) First, any costs and interest accruing on the judgment after
issuance of the writ pursuant to which the sale or collection is
conducted.
   (2) Second, the principal amount due on the judgment with costs
and interest, as entered on the writ.
   (g) To any other judgment creditors who have delivered writs to
the levying officer, accompanied by instructions to levy upon the
judgment debtor's property or the proceeds of its sale or collection,
or any other persons actually known by the levying officer to have a
claim, lien, or other interest subordinate to the judgment creditor'
s lien that is extinguished by the sale and that is not otherwise
satisfied pursuant to this section, in the amounts to which they are
entitled in order of their respective priorities.
   (h) To the judgment debtor in the amount remaining.
  SEC. 3.  Section 701.820 of the Code of Civil Procedure is amended
to read:
   701.820.  (a) Promptly after a sale or collection under this
title, the levying officer shall distribute the proceeds to the
persons entitled thereto or, in cases covered by Section 701.830,
deposit the proceeds with the court.
   (b) Except as otherwise provided by statute, the proceeds shall be
paid to the persons entitled thereto within 30 days after 
they   the proceeds  are received by the levying
officer.
   (c) If the proceeds are not received by the levying officer in one
payment, the levying officer may accumulate proceeds received during
a 30-day period and the accumulated proceeds shall be paid to the
persons entitled thereto not later than 10 days after the expiration
of the 30-day period.
   (d) When proceeds are received by the levying officer in the form
of a check or other form of noncash payment that is to be honored
upon presentation by the levying officer for payment, the proceeds
are not received for the purposes of this section until the check or
other form of noncash payment has actually been honored upon
presentation for payment.
   (e) The provisions of Section 26680 of the Government Code apply
to the levying officer only if all of the following conditions are
satisfied:
   (1) The levying officer has failed to pay the proceeds or deposit
them with the court as provided in this article within the time
provided in this section.
   (2) Upon such failure, a person entitled to any of the proceeds
has filed, in person or by certified mail, with the levying officer a
written demand for the payment of the proceeds to the persons
entitled thereto.
   (3) The levying officer has failed within 10 days after the demand
is filed to pay to the person filing the demand the proceeds to
which that person is entitled.
   (f) If all proceeds have not been received within 10 days after
the filing of the demand specified by paragraph (3) of subdivision
(e), a judgment creditor may file an ex parte application for an
order directing the levying officer to show cause why relief should
not be granted pursuant to Section 26680 of the Government Code. The
order shall name a date and time for the levying officer to appear
not less than 20 and not more than 30 days after filing of the
application. If the levying officer pays all proceeds as provided in
subdivision (e) of Section 701.810 to the judgment creditor no later
than 10 days prior to the hearing, the judgment creditor shall notify
the court of full payment no later than three days prior to the
hearing and the court shall withdraw the order and vacate the
hearing.
   (g) An ex parte application filed pursuant to subdivision (f)
shall state the date and manner of all of the following:
   (1) Delivery of the writ of execution to the levying officer.
   (2) Remittance of the proceeds to the levying officer.
   (3) Filing of the 10-day demand pursuant to subdivision (e).
   (h) If the court finds that the facts alleged in the ex parte
application filed pursuant to subdivision (f) to be knowingly false,
or made in bad faith, the court may award costs and reasonable
attorney fees to the levying officer.
  SEC. 4.  Section 905 of the Government Code is amended to read:
   905.  There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) all claims for money or damages against local public entities
except any of the following:
   (a) Claims under the Revenue and Taxation Code or other statute
prescribing procedures for the refund, rebate, exemption,
cancellation, amendment, modification, or adjustment of any tax,
assessment, fee, or charge or any portion thereof, or of any
penalties, costs, or charges related thereto.
   (b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any law
relating to liens of mechanics, laborers, or materialmen.
   (c) Claims by public employees for fees, salaries, wages, mileage,
or other expenses and allowances.
   (d) Claims for which the workers' compensation authorized by
Division 4 (commencing with Section 3200) of the Labor Code is the
exclusive remedy.
   (e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions, or other assistance rendered for or on behalf
of any recipient of any form of public assistance.
   (f) Applications or claims for money or benefits under any public
retirement or pension system.
   (g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
   (h) Claims that relate to a special assessment constituting a
specific lien against the property assessed and that are payable from
the proceeds of the assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
   (i) Claims by the state or by a state department or agency or by
another local public entity or by a judicial branch entity.
   (j) Claims arising under any provision of the Unemployment
Insurance Code, including, but not limited to, claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
   (k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
   (l) Claims governed by the Pedestrian Mall Law of 1960 (Part 1
(commencing with Section 11000) of Division 13 of the Streets and
Highways Code).
   (m) Claims made pursuant to Section 340.1 of the Code of Civil
Procedure for the recovery of damages suffered as a result of
childhood sexual abuse. This subdivision shall apply only to claims
arising out of conduct occurring on or after January 1, 2009.
   (n) Claims made pursuant to Section 701.820 of the Code of Civil
Procedure for the recovery of money pursuant to Section 26680.
   SEC. 5.    Section 26680 of the   Government
Code   is amended to read: 
   26680.  If on demand the sheriff neglects or refuses to pay over
to the person entitled any money which comes into his  or her
 hands by virtue of his  or her  office, after
deducting all legal fees, the person may recover the amount 
thereof and   owed to that person,  25 percent
 damages and   damages,  interest at the
rate of 10 percent  a   per  month from the
time of demand  , and costs, including reasonable attorney's
fees  .
   SEC. 5.   SEC. 6.   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.

   This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2011, deletes or extends that date.
   SEC. 6.   SEC. 7.   Section 26720.9 is
added to the Government Code, 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 thirty-five dollars ($35).
   This section shall become operative on January 1, 2011.
   SEC. 7.   SEC. 8.   Section 26726 of the
Government Code is amended to read:
   26726.  (a) The fee for keeping and caring for property under a
writ of attachment, execution, possession, or sale shall be one
hundred twenty dollars ($120) when necessarily employed for any
eight-hour period or any part thereof. If an additional keeper or
keepers are required during these periods, the fee for the additional
keeper or keepers shall be the same as fixed, but, in no event shall
any one keeper receive more than two hundred forty dollars ($240)
during any 24-hour period when so employed.
   (b) In addition to the fees provided by Section 26721, the fee for
maintaining custody of property under levy by the use of a keeper is
thirty dollars ($30) for each day custody is maintained after the
first day.
   (c) Notwithstanding any other fee charged, a keeper shall receive
forty dollars ($40) when, pursuant to Section 26738, a levying
officer prepares a not-found return.
   (d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
   SEC. 8.   SEC. 9.   Section 26726 is
added to the Government Code, 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 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 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-five dollars ($35) for each day custody is maintained after
the first day.
   (c) Notwithstanding any other fee charged, a keeper shall receive
fifty dollars ($50) when, pursuant to Section 26738, a levying
officer prepares a not-found return.
   (d) This section shall become operative on January 1, 2011.
   SEC. 9.   SEC. 10.   Section 26731 of
the Government Code is amended to read:
   26731.  Ten dollars ($10) of any fee collected by the sheriff's
civil division or marshal under Sections 26721, 26722, 26725, 26726,
26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and
26750 of the Government Code shall be deposited in a special fund in
the county treasury. A separate accounting of funds deposited shall
be maintained for each depositor, and funds deposited shall be for
the exclusive use of the sheriff's civil division or marshal.
   Ninety-five percent of the moneys in the special fund shall be
expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment and
furnishings for automated systems or other nonautomated operational
equipment and furnishings deemed necessary by the sheriff's civil
division or marshal. Five percent of the moneys in the special fund
shall be used to supplement the expenses of the sheriff's civil
division or marshal in administering the funds.
   This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2011, deletes or extends that date.
   SEC. 10.   SEC. 11.   Section 26731 is
added to the Government Code, to read:
   26731.  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.
   This section shall become operative on January 1, 2011.
   SEC. 11.   SEC. 12.   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). 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.
   This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2011, deletes or extends that date.
   SEC. 12.   SEC. 13.   Section 26736 is
added to the Government Code, to read:
   26736.  The fee for cancellation of the service or execution of
any process or notice prior to its completion shall be 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.
   This section shall become operative on January 1, 2011.
   SEC. 13.   SEC. 14.   Section 26738 of
the Government Code is amended to read:
   26738.  The fee for making a  not found  
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).
   This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2011, deletes or extends that date.
   SEC. 14.   SEC. 15.  Section 26738 is
added to the Government Code, to read:
   26738.  The fee for making a  not found  
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-five
dollars ($35).
   This section shall become operative on January 1, 2011. 
  SEC. 15.    Section 26744 of the Government Code
is repealed. 
  SEC. 16.  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) 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) to cancel the service of the
warrant.
   (3) Sixty dollars ($60) if unable to find the person at the
address specified using due diligence.
   (4) Seventy-five dollars ($75) 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.
   (c) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.
  SEC. 17.  Section 26744.5 is added to the Government Code, 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-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) Thirty-five dollars ($35) to cancel the service of the
warrant.
   (3) Seventy-five dollars ($75) if unable to find the person at the
address specified using due diligence.
   (4) 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.
   (c) This section shall become operative on January 1, 2011.
  SEC. 18.  Section 26746 of the Government Code is amended to read:
   26746.  In addition to any other fees required by law, a
processing fee of 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. 19.  Section 26746.1 of the Government Code is amended to
read:
   26746.1.  A  fifteen dollar   fifteen-dollar
 ($15) 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.
   This section shall remain in effect only until January 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2011, deletes or extends that date.
  SEC. 20.  Section 26746.1 is added to the Government Code, to read:

   26746.1.  A  seventeen dollar  
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.
   This section shall become operative on January 1, 2011. 
  SEC. 21.    Section 26680 of the Government Code
is amended to read:
   26680.  If on demand the sheriff neglects or refuses to pay over
to the person entitled any money which comes into his or her hands by
virtue of his or her office, after deducting all legal fees, the
person may recover the amount owed to that person, 25 percent
damages, interest at the rate of 10 percent per month from the time
of demand, and costs, including reasonable attorneys fees.