BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 110|
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THIRD READING
Bill No: AB 110
Author: Blumenfield (D)
Amended: 7/12/11 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Budget Act of 2011: Judiciary
SOURCE : Author
DIGEST : This bill enacts statutory changes intended to
mitigate reductions to the state Judiciarys budget.
Senate Floor Amendments of 7/12/11 add corresponding
language relative to filing fees to Section 68926.1 of the
Government Code.
Senate Floor Amendments of 7/11/11 delete the prior version
of the bill. The amendments relative to the Judiciary now
constitutes the bill.
Senate Floor Amendments of 6/28/11 delete the prior version
of the bill relative to tax compliance and programs, and
places the 2011-12 State Budget into the bill.
ANALYSIS : Existing law requires the Judicial Council to
conduct an analysis of the cost incurred by trial courts
related to the default prove up process and to report on
the different methods trial courts use in processing
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filings related to the default prove up process, as well as
the revenue generated by these filings. Existing law
requires the report to be provided to the Assembly Budget
Committee, the Senate Budget and Fiscal Review Committee,
and the Legislative Analyst's Office by September 30, 2011.
Existing law requires the Legislative Analyst's Office to
provide the Assembly Budget Committee and the Senate Budget
and Fiscal Review Committee its recommendations pertaining
to the report no later than
June 30, 2012. Existing law provides that these provisions
will become inoperative on July 1, 2013, and are repealed
on January 1, 2014.
This bill requires the report to be provided no later than
September 30, 2013, and the recommendations to be provided
no later than June 30, 2014. This bill provides that the
above-described provisions become inoperative on
July 1, 2015, and are repealed on January 1, 2016.
Existing law provides that if the amount of the General
Fund transfer to the Trial Court Trust Fund is decreased in
excess of 10 percent from the amount appropriated in the
2010-11 fiscal year and is not offset by another source of
noncourt fee revenue, then the amount of certain
supplemental fees for filing first paper for specified
civil matters shall be decreased proportionally, and that
the Judicial Council shall adopt and publish a schedule
setting the fees resulting from the decrease.
This bill repeals those provisions.
Existing law establishes fees for filing a notice of appeal
in a civil case appealed to a court of appeal, for filing a
petition for a writ within the original civil jurisdiction
of the Supreme Court, and for filing a petition for a writ
within the original civil jurisdiction of a court of
appeal. Existing law also establishes the fee for filing a
petition for review in a civil case in the Supreme Court
after a decision in a court of appeal.
This bill establishes a fee of $325 for a party other than
appellant filing its first document in a civil case
appealed to a court of appeal, for a party other than
petitioner filing its first document in a writ proceeding
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within the original jurisdiction of the Supreme Court, or
for a party other than petitioner filing its first document
in a writ proceeding within the original jurisdiction of a
court of appeal. This bill also establishes a fee of $325
for a party other than petitioner filing its first document
in a civil case in the Supreme Court after a decision in a
court of appeal.
Existing law provides that within 60 days after judgment
has been pronounced, the clerk of the court shall mail a
copy of the charging documents, the transcript of the
proceedings at the time of the defendant's guilty plea, if
the defendant pleaded guilty, and the transcript of the
proceedings at the time of sentencing, with postage
prepaid, to the prison or other institution to which the
person convicted is delivered.
This bill limits the above provisions to cases in which the
judgment imposed includes a sentence of death or an
indeterminate term with or without the possibility of
parole, and additionally requires the clerk of the court to
include a copy of any waiver or plea forms. This bill
provides similar provisions without the 60-day requirement
for all other cases, except that a transcript of the
proceedings would be included only upon written request by
the Department of Corrections and Rehabilitation (CDCR), or
by an inmate, or by his/her counsel, for specified
purposes, including an appeal.
The bill also makes an appropriation of $1,000 to the
Administrative Office of the Courts, for support of trial
court operations, payable from the Trial Court Trust Fund.
Overview
The 2011-12 enacted budget reduced General Fund support for
the Judiciary Branch by $350 million. This trailer bill
provides a number of mitigation measures to the Judicial
Branch intended to help keep courts open. Specifically,
this bill:
1. Deletes language that triggers reductions in existing
civil filing fees when the General Fund transfer to the
Trial Court Trust Fund decreases in excess of 10 percent
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from the amount appropriated in the 2010-11 fiscal year,
as specified. This action preserves $6.9 million in
funding for trial courts.
2. Creates a responsive filing fee for appeals of $325,
modeled after similar fees in other states, to support
appellate court operations. Appellate courts are
disproportionately impacted by the budget reductions, as
past court budget mitigation has focused on offsetting
impacts to trial courts. This fee is projected to
generate approximately $731,000.
3. Limits the sentencing transcripts trial courts must send
to CDCR to only those that CDCR needs (for sentences of
life and life without the possibility of parole). Other
transcripts will still be available to defendants and
CDCR, upon request. This change will reduce trial court
workload.
4. Delays a study on the "default prove-up" process, which
pertains to collections cases, by two years (from
September 30, 2011 until September 30, 2013).
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
RJG:mw 7/13/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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