BILL NUMBER: SB 75	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2009

INTRODUCED BY   Committee on Budget and Fiscal Review

                        JANUARY 20, 2009

    An act relating to the Budget Act of 2009.  
An act to amend Sections 68085.3, 68085.4, and 69957 of, and to add
Section 20969.1 to, the Government Code, and to amen   d
Section 1465.8 of the Penal Code, relating to the judiciary. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 75, as amended, Committee on Budget and Fiscal Review. 
Budget Act of 2009.   Judiciary.  
   (1) The Public Employees' Retirement System provides pension
benefits based in part upon credited service. The Public Employees'
Retirement Law provides that credit for service generally is accrued
based upon service rendered and compensated in a fiscal year, and
that time during which a member is absent without compensation is not
allowed for computing service. Existing law, in effect until July 1,
2010, authorizes the Judicial Council to provide that the courts be
closed for the transaction of judicial business for one day per
month, which would be treated as a holiday, and to adopt court rules
to implement these provisions, subject to specified conditions. 

   This bill would require that, for all retirement purposes, credit
for service and compensation earnable for members of the Public
Employees' Retirement System employed by a trial court that are
subject to mandatory furloughs be based on the amount that would have
been credited had the employee not been subject to mandatory
furloughs. The bill would define mandatory furloughs and trial court
employee in these regards.  
   (2) Existing law sets the fees for filing first papers and other
filing fees in civil actions, including various probate proceedings.
 
   This bill would make technical, conforming changes in related
provisions specifying the distribution of the proceeds of those fees.
 
   (3) Existing law authorizes a court to use electronic recording
equipment for the internal personnel purpose of monitoring judicial
officer performance, if notice is provided to litigants that the
proceeding may be recorded for that purpose, as specified.  

   This bill would modify that provision to authorize a court to use
electronic recording equipment for the internal personnel purpose of
monitoring the performance of subordinate judicial officers, hearing
officers, and temporary judges while proceedings are conducted in the
courtroom, if notice is provided to the subordinate judicial
officer, hearing officer, or temporary judge, and to the litigants,
that the proceeding may be recorded for that purpose, as specified.

    (4)     Existing law permits the referral
of fines, state or local penalties, forfeitures, restitution fines,
or restitution orders imposed by specified courts upon a person for
criminal offenses   under certain conditions to the
Franchise Tax Board for collection. Existing law requires a board of
supervisors to provide that disbursements of amounts collected by the
Franchise Tax Board be made in accordance with specified priorities
of payment. Existing law provides, until January 1, 2012, that any
statute that takes effect after January 1, 2009, that increases the
amount of any item that would be subject to disbursement under these
provisions shall not be disbursed until all specified reimbursable
costs have been disbursed. 
    Existing law imposes a fee of $30, until July 1, 2011, and
thereafter, a fee of $20, upon every conviction for a criminal
offense, other than parking offenses, for funding of court security.

    This   bill would provide that the court security
fees collected pursuant to the latter provision shall be disbursed in
accordance with the specified priorities of payment described above,
and not first be subject to disbursement for those specified
reimbursable costs.  
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2009. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 20969.1 is added to the 
 Government Code  , to read:  
   20969.1.  (a) For all retirement purposes, including benefit
eligibility and calculations of retirement allowances for members
employed by a trial court that are subject to mandatory furloughs, as
defined in subdivision (c), credit for service and compensation
earnable shall be based on the amount of service that would have been
credited had the employee not been subject to mandatory furloughs.
   (b) A trial court shall notify the board of the terms and
conditions of any mandatory furlough, including, but not limited to,
the amount of mandatory furlough time imposed on employees during a
reporting period, and the date on which the mandatory furlough ends.
A trial court and a county in which the trial court is located that
participates in this system by joint contract pursuant to Section
20460.1 shall provide that additional information as the board may
require to implement this section.
   (c) For the purposes of this section, "mandatory furloughs" is
limited to the time during which a trial court employee is directed
to be absent from work without pay in the 2009-10 fiscal year on the
day designated by the Judicial Council for closure of the courts as
authorized in Section 68106.
   (d) For purposes of this section, "trial court employee" means a
trial court employee, as that term is defined in Section 71601, whose
employer has contracted for its employees to become members of the
California Public Employees' Retirement System. 
   SEC. 2.    Section 68085.3 of the  
Government Code   is amended to read: 
   68085.3.  (a) Fees collected under Sections 70611, 70612, 70650,
70651, 70652, 70653, 70655, 70658, and 70670 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-fifty-dollar ($350) 
 three-hundred-fifty-five-   dollar ($355)  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-fifty-dollar ($350)  
three-hundred-fifty-five-   dollar ($355)  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,
thirty-five dollars ($35).
   (2) To the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5, thirty
dollars ($30), unless the fee is collected under Section 70658, in
which case the amount distributed to that fund shall be one hundred
seventy dollars ($170).
   (3) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
   (4) 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).
   (5) 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. 3.    Section 68085.4 of the  
Government Code   is amended to read: 
   68085.4.  (a) Fees collected under Sections 70613, 70614, 70621,
70654, and 70656 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-twenty-five-dollar ($325)
  three-hundred-thirty-   dollar ($330) 
fee and each  two-hundred-dollar ($200)  
two-hundred-five-dollar ($205)  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-twenty-five-dollar ($325)  
three-hundred-thirty-dollar ($330)  fee and each 
two-hundred-dollar ($200)   two-hundred-five-dollar
($205)  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
twenty-five dollars ($325)   three hundred thirty
dollars ($330)  , and twenty dollars ($20) if the fee is
 two hundred dollars ($200)   two hundred five
dollars ($205)  .
   (2) To the Immediate and Critical Needs Account of the State Court
Facilities Construction Fund, established in Section 70371.5,
twenty-five dollars ($25) if the fee is  three hundred
twenty-five dollars ($325)   three hundred thirty
dollars ($330)  , and twenty dollars ($20) if the fee is
 two hundred dollars ($200)   two hundred five
dollars ($205)  , except as otherwise provided in Section 6322.1
of the Business and Professions Code.
   (3) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
   (4) 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).
   (5) 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. 4.    Section 69957 of the   Government
Code   is amended to read: 
   69957.  (a)  Whenever   If  an official
reporter or an official reporter pro tempore is unavailable to report
an action or proceeding in a court, subject to the availability of
approved equipment and equipment monitors, the court may order that,
in a limited civil case, or a misdemeanor or infraction case, the
action or proceeding be electronically recorded, including all the
testimony, the objections made, the ruling of the court, the
exceptions taken, all arraignments, pleas, and sentences of
defendants in criminal cases, the arguments of the attorneys to the
jury, and all statements and remarks made and oral instructions given
by the judge. A transcript derived from an electronic recording may
be utilized whenever a transcript of court proceedings is required.
The electronic recording device and appurtenant equipment shall be of
a type approved by the Judicial Council for courtroom use and shall
only be purchased for use as provided by this section. A court shall
not expend funds for or use electronic recording technology or
equipment to make an unofficial record of an action or proceeding,
including for purposes of judicial notetaking, or to make the
official record of an action or proceeding in circumstances not
authorized by this section.
   (b) Notwithstanding subdivision (a), a court may use electronic
recording equipment for the internal personnel purpose of monitoring
 judicial officer performance   the performance
of subordinate judicial officers, as defined in Section 71601 of the
Government Code, hearing officers, and temporary judges while
proceedings are conducted in the courtroom,  if notice is
provided to  the subordinate judicial officer, hearing officer,
or temporary judge, and to the  litigants  ,  that the
proceeding may be recorded for that purpose. An electronic recording
made for the purpose of monitoring  judicial officer
  that  performance shall not be used for any other
purpose and shall not be made publicly available. Any recording made
pursuant to this subdivision shall be destroyed two years after the
date of the proceeding unless a personnel matter is pending relating
to performance of the  subordinate  judicial officer  ,
hearing officer, or temporary judge  .
   (c) Prior to purchasing or leasing any electronic recording
technology or equipment, a court shall obtain advance approval from
the Judicial Council, which may grant that approval only if the use
of the technology or equipment will be consistent with this section.
   SEC. 5.    Section 1465.8 of the   Penal
Code   , as amended by Section 29 of Chapter 22 of the
Fourth Extraordinary Session of the Statutes of 2009, is amended to
read: 
   1465.8.  (a) (1) To ensure and maintain adequate funding for court
security, a fee of thirty dollars ($30) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
   (2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security fee shall
be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
   (b) This fee shall be in addition to the state penalty assessed
pursuant to Section 1464 and may not be included in the base fine to
calculate the state penalty assessment as specified in subdivision
(a) of Section 1464. The penalties authorized by Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply to
this fee.
   (c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the fee prescribed by this section.
   (d) Notwithstanding any other provision of law, the fees collected
pursuant to subdivision (a) shall all be deposited in a special
account in the county treasury and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.  The
fees collected pursuant to this section shall not be subject to
subdivision (e) of Section 1203.1d, but shall be disbursed under
subdivision (b) of Section 1203.1d. 
   (e) The Judicial Council shall provide for the administration of
this section.
   (f) This section shall remain in effect only until July 1, 2011,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2011, deletes or extends that date.

  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2009.