BILL NUMBER: AB 1529 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dickinson
JANUARY 23, 2012
An act to amend Section 25762 of the Business and Professions
Code, to amend Sections 116.940 and 631.2 of, to amend the heading of
Article 7 (commencing with Section 116.710) of Chapter 5.5 of Title
1 of Part 1 of, to add Section 116.798 to, and to repeal Section
631.1 of, the Code of Civil Procedure, to amend Section 56159 of the
Education Code, to amend Sections 731, 752, 753, and 754 of the
Evidence Code, to amend Sections 1814, 1820, 1834, 1838, 1850,
3025.5, 3170, 3173, 3188, 6303, 7553, and 7556 of the Family Code, to
amend Sections 1750, 23249, 23332, 23535, 24350, 24351, 24353,
25252.6, 27080.1, 29320, 29370, 29370.1, 29371, 29372, 29373, 29374,
29375, 29376, 29377, 29379, 29603, 31116, and 68098 of, and to add
Sections 68083 and 68083.5 to, the Government Code, and to amend
Section 1306 of, and to add Section 1305.5 to, the Penal Code,
relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1529, as introduced, Dickinson. Trial courts: restructuring and
bail forfeiture.
Existing law provides for the restructuring of the trial court
system, including the abolition of municipal courts, the unification
of those courts with superior courts, and state funding of trial
courts. Under existing law, a statutory reference to a judicial
district that relates to a municipal court in a county in which
unification has occurred generally means the county, as specified.
This bill would modify provisions of law to reflect trial court
restructuring. As part of these modifications, this bill would delete
obsolete references to municipal courts and would specify the
jurisdiction of a writ petition relating to a small claims case in
the unified state court system. Further, this bill would revise
various provisions to reflect the state's responsibility for trial
court funding, including provisions related to jury fees in civil
cases, payment of expert witnesses, interpreters, and translators in
criminal actions, juvenile proceedings, and certain civil actions.
This bill would also delete obsolete references to judicial
districts, counties, and county entities following trial court
restructuring. Additionally, this bill would prescribe the rules
applying to the acceptance of money by superior courts to reflect
trial court restructuring.
Existing law also provides for the forfeiture of the undertaking
of bail when a defendant fails to appear in court. Under existing
law, a court must enter a summary judgment against the bondsman named
in the bail bond within 180 days of the date of forfeiture or within
180 days of the date of mailing of the notice, regardless of the
amount of the bail.
This bill would provide that an appeal from an order of the
superior court on a motion to vacate a bail forfeiture shall be to
the court of appeal as an unlimited civil case if the amount in
controversy exceeds $25,000, and to the appellate division of the
superior court as a limited civil case if the amount in controversy
does not exceed $25,000, except as specified.
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 25762 of the Business and Professions Code is
amended to read:
25762. (a) All fines and forfeitures of
bail imposed for a violation of this division and collected in any
court other than a municipal court felony
case after the indictment or the legal commitment by a magistrate, or
at or after the sentencing hearing, shall be paid to the
county treasurer of the county in which the court is held.
All
(b) All fines and forfeitures of
bail imposed for violation of this division and collected upon
conviction or upon forfeiture of bail, together with money deposited
as bail, in any municipal court misdemeanor
or infraction case, or in any felony case at the preliminary hearing
or at another proceeding before the legal commitment by a magistrate,
shall be deposited with the county treasurer of the county in
which the court is situated and the money deposited shall be
distributed and disposed of pursuant to Section 1463 of the Penal
Code.
(c) For purposes of this section, a case in which both a felony
and a misdemeanor were charged shall be treated as a felony case.
SEC. 2. The heading of Article 7 (commencing with Section 116.710)
of Chapter 5.5 of Title 1 of Part 1 of the Code of Civil Procedure
is amended to read:
Article 7. Motion to Vacate , and
Appeal , and Related Matters
SEC. 3. Section 116.798 is added to the Code of Civil Procedure,
to read:
116.798. (a) (1) A petition that seeks a writ of review, a writ
of mandate, or a writ of prohibition relating to an act of the small
claims division, other than a postjudgment enforcement order, may be
heard by a judge who is assigned to the appellate division of the
superior court.
(2) A petition described by paragraph (1) may also be heard by the
court of appeal or by the Supreme Court.
(3) Where a judge described in paragraph (1) grants a writ
directed to the small claims division, the small claims division is
an inferior tribunal for purposes of Title 1 (commencing with Section
1067) of Part 3.
(4) The fee for filing a writ petition in the superior court under
paragraph (1) is the same as the fee for filing a notice of appeal
under Section 116.760.
(5) The Judicial Council shall promulgate procedural rules for a
writ proceeding under paragraph (1).
(6) An appeal shall not be taken from a judgment granting or
denying a petition under paragraph (1) for issuance of a writ. An
appellate court may, in its discretion, upon petition for
extraordinary writ, review the judgment.
(b) A petition that seeks a writ of review, a writ of mandate, or
a writ of prohibition relating to an act of a superior court in a
small claims appeal may be heard by the court of appeal or by the
Supreme Court.
(c) A petition that seeks a writ of review, a writ of mandate, or
a writ of prohibition relating to a postjudgment enforcement order of
the small claims division may be heard by the appellate division of
the superior court, by the court of appeal, or by the Supreme Court.
SEC. 4. Section 116.940 of the Code of Civil Procedure is amended
to read:
116.940. (a) Except as otherwise provided in this section or in
rules adopted by the Judicial Council, which are consistent with the
requirements of this section, the characteristics of the small claims
advisory service required by Section 116.260 shall be determined by
each county , or by the superior court in a county where the
small claims advisory service is administered by the court, in
accordance with local needs and conditions.
(b) Each advisory service shall provide the following services:
(1) Individual personal advisory services, in person or by
telephone, and by any other means reasonably calculated to provide
timely and appropriate assistance. The topics covered by individual
personal advisory services shall include, but not be limited to,
preparation of small claims court filings, procedures, including
procedures related to the conduct of the hearing, and information on
the collection of small claims court judgments.
(2) Recorded telephone messages may be used to supplement the
individual personal advisory services, but shall not be the sole
means of providing advice available in the county.
(3) Adjacent counties , superior courts in adjacent counties,
or any combination thereof, may provide advisory services
jointly.
(c) In any county in which the number of small claims actions
filed annually is 1,000 or less as averaged over the immediately
preceding two fiscal years, the county or the superior court
may elect to exempt itself from the requirements set forth in
subdivision (b). This If the small claims
advisory service is administered by the county, this exemption
shall be formally noticed through the adoption of a resolution by the
board of supervisors. If the small claims advisory service is
administered by the superior court, this exemption shall be formally
noticed through adoption of a local rule. If a county or
court so exempts itself, the county or court shall
nevertheless provide the following minimum advisory services in
accordance with rules adopted by the Judicial Council:
(1) Recorded telephone messages providing general information
relating to small claims actions filed in the county shall be
provided during regular business hours.
(2) Small claims information booklets shall be provided in the
court clerk's office of each superior court, the county
administrator's office, other appropriate county offices,
and in any other location that is convenient to prospective small
claims litigants in the county.
(d) The advisory service shall operate in conjunction and
cooperation with the small claims division, and shall be administered
so as to avoid the existence or appearance of a conflict of interest
between the individuals providing the advisory services and any
party to a particular small claims action or any judicial officer
deciding small claims actions.
(e) Advisers may be volunteers, and shall be members of the State
Bar, law students, paralegals, or persons experienced in resolving
minor disputes, and shall be familiar with small claims court rules
and procedures. Advisers may not appear in court as an advocate for
any party.
(f) Advisers, including independent contractors, other employees,
and volunteers have the immunity conferred by Section 818.9 of the
Government Code with respect to advice provided as a public service
on behalf of a court or county to small claims litigants and
potential litigants under this chapter.
(g) Nothing in this section precludes a court or county from
contracting with a third party to provide small claims advisory
services as described in this section.
SEC. 5. Section 631.1 of the Code of Civil Procedure is repealed.
631.1. Notwithstanding any other provision of law, the county may
pay jury fees in civil cases from general funds of the county
available therefor. Nothing in this section shall be construed to
change the requirements for the deposit of jury fees in any civil
case by the appropriate party to the litigation at the time and in
the manner otherwise provided by law. Nothing in this section shall
preclude the right of the county to be reimbursed by the party to the
litigation liable therefor for any payment of jury fees pursuant to
this section.
SEC. 6. Section 631.2 of the Code of Civil Procedure is amended to
read:
631.2. (a) Notwithstanding any other provision of law, the
county superior court may pay jury fees
in civil cases from general funds of the county
court available therefor. Nothing in this section shall be
construed to change the requirements for the deposit of jury fees in
any civil case by the appropriate party to the litigation at the
time and in the manner otherwise provided by law. Nothing in this
section shall preclude the right of the county
superior court to be reimbursed by the party to the
litigation liable therefor for any payment of jury fees pursuant to
this section. Nothing in this section shall preclude the right
of the county to be reimbursed by the party to the litigation liable
therefor for any payment of jury fees pursuant to this section as it
read in Section 4 of Chapter 10 of the Statutes of 1988, or pursuant
to former Section 631.1 as it read in Section 1 of Chapter 144 of the
Statutes of 1971.
(b) The party who has demanded trial by jury shall reimburse the
county superior court for the fees and
mileage of all jurors appearing for voir dire examination, except
those jurors who are excused and subsequently on the same day are
called for voir dire examination in another case.
SEC. 7. Section 56159 of the Education Code is amended to read:
56159. If a district, special education local plan area, or
county office does not make the placement decision of an individual
with exceptional needs in a licensed children's institution or in a
foster family home, the court, regional center for
the developmentally disabled , or public agency,
excluding an education agency, placing the individual in the
institution, shall be responsible for the residential costs and the
cost of noneducation services of the individual.
SEC. 8. Section 731 of the Evidence Code is amended to read:
731. (a) (1) In all criminal actions and
juvenile court proceedings, the compensation fixed under Section 730
shall be a charge against the county in which such
the action or proceeding is pending and shall be paid out
of the treasury of such that county on
order of the court.
(2) Notwithstanding paragraph (1), if the expert is appointed for
the court's needs, the compensation shall be a charge against the
court.
(b) In any county in which the superior court so provides,
the compensation fixed under Section 730 for medical experts
appointed for the court's needs in civil actions shall be a charge
against the court. In any county in which the board of
supervisors so provides, the compensation fixed under Section 730 for
medical experts appointed in civil actions ,
for purposes other than the court's needs, in
such county shall be a charge against and paid out of the
treasury of such that county on order
of the court.
(c) Except as otherwise provided in this section, in all civil
actions, the compensation fixed under Section 730 shall, in the first
instance, be apportioned and charged to the several parties in
such a proportion as the court may
determine and may thereafter be taxed and allowed in like manner as
other costs.
SEC. 9. Section 752 of the Evidence Code is amended to read:
752. (a) When a witness is incapable of understanding the English
language or is incapable of expressing himself or herself in the
English language so as to be understood directly by counsel, court,
and jury, an interpreter whom he or she the
witness can understand and who can understand him or
her the witness shall be sworn to interpret for
him or her the witness .
(b) The record shall identify the interpreter who may be appointed
and compensated as provided in Article 2 (commencing with Section
730) of Chapter 3 . , with that compensation
charged as follows:
(1) In all criminal actions and juvenile court proceedings, the
compensation for an interpreter under this section shall be a charge
against the court.
(2) In all civil actions, the compensation for an interpreter
under this section shall, in the first instance, be apportioned and
charged to the several parties in a proportion as the court may
determine and may thereafter be taxed and allowed in a like manner as
other costs.
SEC. 10. Section 753 of the Evidence Code is amended to read:
753. (a) When the written characters in a writing offered in
evidence are incapable of being deciphered or understood directly, a
translator who can decipher the characters or understand the language
shall be sworn to decipher or translate the writing.
(b) The record shall identify the translator , who may
be appointed and compensated as provided in Article 2 (commencing
with Section 730) of Chapter 3 . , with that
compensation charged as follows:
(1) In all criminal actions and juvenile court proceedings, the
compensation for a translator under this section shall be a charge
against the court.
(2) In all civil actions, the compensation for a translator under
this section shall, in the first instance, be apportioned and charged
to the several parties in a proportion as the court may determine
and may thereafter be taxed and allowed in like manner as other
costs.
SEC. 11. Section 754 of the Evidence Code is amended to read:
754. (a) As used in this section, "individual who is deaf or
hearing impaired" means an individual with a hearing loss so great as
to prevent his or her understanding language spoken in a normal
tone, but does not include an individual who is hearing impaired
provided with, and able to fully participate in the proceedings
through the use of, an assistive listening system or computer-aided
transcription equipment provided pursuant to Section 54.8 of the
Civil Code.
(b) In any civil or criminal action, including, but not limited
to, any action involving a traffic or other infraction, any small
claims court proceeding, any juvenile court proceeding, any family
court proceeding or service, or any proceeding to determine the
mental competency of a person, in any court-ordered or court-provided
alternative dispute resolution, including mediation and arbitration,
or any administrative hearing, where a party or witness is an
individual who is deaf or hearing impaired and the individual who is
deaf or hearing impaired is present and participating, the
proceedings shall be interpreted in a language that the individual
who is deaf or hearing impaired understands by a qualified
interpreter appointed by the court or other appointing authority, or
as agreed upon.
(c) For purposes of this section, "appointing authority" means a
court, department, board, commission, agency, licensing or
legislative body, or other body for proceedings requiring a qualified
interpreter.
(d) For the purposes of this section, "interpreter" includes, but
is not limited to, an oral interpreter, a sign language interpreter,
or a deaf-blind interpreter, depending upon the needs of the
individual who is deaf or hearing impaired.
(e) For purposes of this section, "intermediary interpreter" means
an individual who is deaf or hearing impaired, or a hearing
individual who is able to assist in providing an accurate
interpretation between spoken English and sign language or between
variants of sign language or between American Sign Language and other
foreign languages by acting as an intermediary between the
individual who is deaf or hearing impaired and the qualified
interpreter.
(f) For purposes of this section, "qualified interpreter" means an
interpreter who has been certified as competent to interpret court
proceedings by a testing organization, agency, or educational
institution approved by the Judicial Council as qualified to
administer tests to court interpreters for individuals who are deaf
or hearing impaired.
(g) In the event that the appointed interpreter is not familiar
with the use of particular signs by the individual who is deaf or
hearing impaired or his or her particular variant of sign language,
the court or other appointing authority shall, in consultation with
the individual who is deaf or hearing impaired or his or her
representative, appoint an intermediary interpreter.
(h) Prior to July 1, 1992, the Judicial Council shall conduct a
study to establish the guidelines pursuant to which it shall
determine which testing organizations, agencies, or educational
institutions will be approved to administer tests for certification
of court interpreters for individuals who are deaf or hearing
impaired. It is the intent of the Legislature that the study obtain
the widest possible input from the public, including, but not limited
to, educational institutions, the judiciary, linguists, members of
the State Bar, court interpreters, members of professional
interpreting organizations, and members of the deaf and
hearing-impaired communities. After obtaining public comment and
completing its study, the Judicial Council shall publish these
guidelines. By January 1, 1997, the Judicial Council shall approve
one or more entities to administer testing for court interpreters for
individuals who are deaf or hearing impaired. Testing entities may
include educational institutions, testing organizations, joint powers
agencies, or public agencies.
Commencing July 1, 1997, court interpreters for individuals who
are deaf or hearing impaired shall meet the qualifications specified
in subdivision (f).
(i) Persons appointed to serve as interpreters under this section
shall be paid, in addition to actual travel costs, the prevailing
rate paid to persons employed by the court to provide other
interpreter services unless such service is considered to be a part
of the person's regular duties as an employee of the state, county,
or other political subdivision of the state. Payment
Except as provided in subdivision (j), payment
of the interpreter's fee shall be a charge against the
county, or other political subdivision of the state, in which that
action is pending court . Payment of the
interpreter's fee in administrative proceedings shall be a charge
against the appointing board or authority.
(j) Whenever a peace officer or any other person having a law
enforcement or prosecutorial function in any criminal or
quasi-criminal investigation or non-court proceeding
questions or otherwise interviews an alleged victim or witness who
demonstrates or alleges deafness or hearing impairment, a good faith
effort to secure the services of an interpreter shall be made,
without any unnecessary delay unless either the individual who is
deaf or hearing impaired affirmatively indicates that he or she does
not need or cannot use an interpreter, or an interpreter is not
otherwise required by Title II of the Americans with Disabilities Act
of 1990 (Public Law 101-336) and federal regulations adopted
thereunder. Payment of the interpreter's fee shall be a charge
against the county, or other political subdivision of the state, in
which the action is pending.
(k) No statement, written or oral, made by an individual who the
court finds is deaf or hearing impaired in reply to a question of a
peace officer, or any other person having a law enforcement or
prosecutorial function in any criminal or quasi-criminal
investigation or proceeding, may be used against that individual who
is deaf or hearing impaired unless the question was accurately
interpreted and the statement was made knowingly, voluntarily, and
intelligently and was accurately interpreted, or the court makes
special findings that either the individual could not have used an
interpreter or an interpreter was not otherwise required by Title II
of the Americans with Disabilities Act of 1990 (Public Law 101-336)
and federal regulations adopted thereunder and that the statement was
made knowingly, voluntarily, and intelligently.
(l) In obtaining services of an interpreter for purposes of
subdivision (j) or (k), priority shall be given to first obtaining a
qualified interpreter.
(m) Nothing in subdivision (j) or (k) shall be deemed to supersede
the requirement of subdivision (b) for use of a qualified
interpreter for individuals who are deaf or hearing impaired
participating as parties or witnesses in a trial or hearing.
(n) In any action or proceeding in which an individual who is deaf
or hearing impaired is a participant, the appointing authority shall
not commence proceedings until the appointed interpreter is in full
view of and spatially situated to assure proper communication with
the participating individual who is deaf or hearing impaired.
(o) Each superior court shall maintain a current roster of
qualified interpreters certified pursuant to subdivision (f).
SEC. 12. Section 1814 of the Family Code is amended to read:
1814. (a) In each county in which a family conciliation court is
established, the superior court may appoint one supervising counselor
of conciliation and one secretary to assist the family conciliation
court in disposing of its business and carrying out its functions.
In counties which have When superior courts
by contract have established joint family
conciliation court services, the superior
contracting courts in contracting counties
jointly may make the appointments under this subdivision.
(b) The supervising counselor of conciliation has the power to do
all of the following:
(1) Hold conciliation conferences with parties to, and hearings
in, proceedings under this part, and make recommendations concerning
the proceedings to the judge of the family conciliation court.
(2) Provide supervision in connection with the exercise of the
counselor's jurisdiction as the judge of the family conciliation
court may direct.
(3) Cause reports to be made, statistics to be compiled, and
records to be kept as the judge of the family conciliation court may
direct.
(4) Hold hearings in all family conciliation court cases as may be
required by the judge of the family conciliation court, and make
investigations as may be required by the court to carry out the
intent of this part.
(5) Make recommendations relating to marriages where one or both
parties are underage.
(6) Make investigations, reports, and recommendations as provided
in Section 281 of the Welfare and Institutions Code under the
authority provided the probation officer in that code.
(7) Act as domestic relations cases investigator.
(8) Conduct mediation of child custody and visitation disputes.
(c) The superior court, or contracting superior courts, may also
appoint , with the consent of the board of supervisors,
associate counselors of conciliation and other office
assistants as may be necessary to assist the family conciliation
court in disposing of its business. The associate counselors shall
carry out their duties under the supervision of the supervising
counselor of conciliation and have the powers of the supervising
counselor of conciliation. Office assistants shall work under the
supervision and direction of the supervising counselor of
conciliation.
(d) The classification and salaries of persons appointed under
this section shall be determined by:
(1) The board of supervisors superior
court of the county in which a noncontracting family
conciliation court operates.
(2) The board of supervisors superior
court of the county which by contract has the responsibility to
administer funds of the joint family conciliation court service.
SEC. 13. Section 1820 of the Family Code is amended to read:
1820. (a) A county court may
contract with any other county court or
counties courts to provide joint
family conciliation court services.
(b) An agreement between two or more counties
courts for the operation of a joint family conciliation
court service may provide that the treasurer of
one participating county court shall be
the custodian of moneys made available for the purposes of the joint
services, and that the treasurer custodian
court may make payments from the moneys upon audit of the
appropriate auditing officer or body of the county of that
treasurer court .
(c) An agreement between two or more counties
courts for the operation of a joint family conciliation
court service may also provide:
(1) For the joint provision or operation of services and
facilities or for the provision or operation of services and
facilities by one participating county court
under contract for the other participating counties
courts .
(2) For appointments of members of the staff of the family
conciliation court including the supervising counselor.
(3) That, for specified purposes, the members of the staff of the
family conciliation court including the supervising counselor, but
excluding the judges of the family conciliation court and
other court personnel , shall be considered to be employees
of one participating county court .
(4) For other matters that are necessary or proper to effectuate
the purposes of the Family Conciliation Court Law.
(d) The provisions of this part relating to family conciliation
court services provided by a single county
court shall be equally applicable to counties
courts which contract, pursuant to this section,
to provide joint family conciliation court services.
SEC. 14. Section 1834 of the Family Code is amended to read:
1834. (a) The clerk of the court shall provide, at the expense of
the county court , blank forms for
petitions for filing pursuant to this part.
(b) The probation officers of the county and the attachés and
employees of the family conciliation court shall assist a person in
the preparation and presentation of a petition under this part if the
person requests assistance.
(c) All public officers in each county shall refer to the family
conciliation court all petitions and complaints made to them in
respect to controversies within the jurisdiction of the family
conciliation court.
(d) The jurisdiction of the family conciliation court in respect
to controversies arising out of an instance of domestic violence is
not exclusive but is coextensive with any other remedies either civil
or criminal in nature that may be available.
SEC. 15. Section 1838 of the Family Code is amended to read:
1838. (a) The hearing shall be conducted informally as a
conference or a series of conferences to effect a reconciliation of
the spouses or an amicable adjustment or settlement of the issues in
controversy.
(b) To facilitate and promote the purposes of this part, the court
may, with the consent of both parties to the proceeding, recommend
or invoke the aid of medical or other specialists or scientific
experts, or of the
pastor or director of any religious denomination to which the parties
may belong. Aid under this subdivision shall not be at the expense
of the court or unless the presiding judge
specifically authorizes the aid, nor at the expense of the
county unless the board of supervisors of the county specifically
provides and authorizes the aid.
SEC. 16. Section 1850 of the Family Code is amended to read:
1850. The Judicial Council shall do all of the following:
(a) Assist counties courts in
implementing mediation and conciliation proceedings under this code.
(b) Establish and implement a uniform statistical reporting system
relating to proceedings brought for dissolution of marriage, for
nullity of marriage, or for legal separation of the parties,
including, but not limited to, a custody disposition survey.
(c) Administer a program of grants to public and private agencies
submitting proposals for research, study, and demonstration projects
in the area of family law, including, but not limited to, all of the
following:
(1) The development of conciliation and mediation and other newer
dispute resolution techniques, particularly as they relate to child
custody and to avoidance of litigation.
(2) The establishment of criteria to ensure that a child support
order is adequate.
(3) The development of methods to ensure that a child support
order is paid.
(4) The study of the feasibility and desirability of guidelines to
assist judges in making custody decisions.
(d) Administer a program for the training of court personnel
involved in family law proceedings, which shall be available to the
court personnel and which shall be totally funded from funds
specified in Section 1852. The training shall include, but not be
limited to, the order of preference for custody of minor children and
the meaning of the custody arrangements under Part 2 (commencing
with Section 3020) of Division 8.
(e) Conduct research on the effectiveness of current family law
for the purpose of shaping future public policy.
SEC. 17. Section 3025.5 of the Family Code is amended to read:
3025.5. In any proceeding involving child custody or visitation
rights, if a report containing psychological evaluations of a child
or recommendations regarding custody of, or visitation with, a child
is submitted to the court, including, but not limited to, a report
created pursuant to Chapter 6 (commencing with Section 3110) of this
part, a recommendation made to the court pursuant to Section 3183,
and a written statement of issues and contentions pursuant to
subdivision (b) of Section 3151, that information shall be contained
in a document that shall be placed in the confidential portion of the
court file of the proceeding, and may not be disclosed, except to
the following persons:
(a) A party to the proceeding and his or her attorney.
(b) A federal or state law enforcement officer, judicial officer,
court employee, or family court facilitator for
of the superior court of the county in which the action
was filed, or an employee or agent of that facilitator, acting within
the scope of his or her duties.
(c) Counsel appointed for the child pursuant to Section 3150.
(d) Any other person upon order of the court for good cause.
SEC. 18. Section 3170 of the Family Code is amended to read:
3170. (a) If it appears on the face of a petition, application,
or other pleading to obtain or modify a temporary or permanent
custody or visitation order that custody, visitation, or both are
contested, the court shall set the contested issues for mediation.
(b) Domestic violence cases shall be handled by Family Court
Services in accordance with a separate written protocol approved by
the Judicial Council. The Judicial Council shall adopt guidelines for
services, other than services provided under this chapter, that
courts or counties may offer to parents who have been unable to
resolve their disputes. These services may include, but are not
limited to, parent education programs, booklets, video recordings, or
referrals to additional community resources.
SEC. 19. Section 3173 of the Family Code is amended to read:
3173. (a) Upon the adoption of a resolution by the board
of supervisors an order of the presiding judge of a
superior court authorizing the procedure in that court
, a petition may be filed pursuant to this chapter for
mediation of a dispute relating to an existing order for custody,
visitation, or both.
(b) The mediation of a dispute concerning an existing order shall
be set not later than 60 days after the filing of the petition.
SEC. 20. Section 3188 of the Family Code is amended to read:
3188. (a) Any court selected by the Judicial Council under
subdivision (c) may voluntarily adopt a confidential mediation
program that provides for all of the following:
(1) The mediator may not make a recommendation as to custody or
visitation to anyone other than the disputing parties, except as
otherwise provided in this section.
(2) If total or partial agreement is reached in mediation, the
mediator may report this fact to the court. If both parties consent
in writing, where there is a partial agreement, the mediator may
report to the court a description of the issues still in dispute,
without specific reference to either party.
(3) In making the recommendation described in Section 3184, the
mediator may not inform the court of the reasons why it would be in
the best interest of the minor child to have counsel appointed.
(4) If the parties have not reached agreement as a result of the
initial mediation, this section does not prohibit the court from
requiring subsequent mediation that may result in a recommendation as
to custody or visitation with the child if the subsequent mediation
is conducted by a different mediator with no prior involvement with
the case or knowledge of any communications, as defined in Section
1040 of the Evidence Code, with respect to the initial mediation. The
court, however, shall inform the parties that the mediator will make
a recommendation to the court regarding custody or visitation in the
event that the parties cannot reach agreement on these issues.
(5) If an initial screening or intake process indicates that the
case involves serious safety risks to the child, such as domestic
violence, sexual abuse, or serious substance abuse, the
court mediator may provide an initial emergency
assessment service that includes a recommendation to the court
concerning temporary custody or visitation orders in order to
expeditiously address those safety issues.
(b) This section shall become operative upon the appropriation of
funds in the annual Budget Act sufficient to implement this section.
(c) This section shall apply only in four or more
counties superior courts selected by the
Judicial Council that currently allow a mediator to make custody
recommendations to the court and have more than 1,000 family law case
filings per year. The Judicial Council may also make this section
applicable to additional counties superior
courts that have fewer than 1,000 family law case filings per
year.
SEC. 21. Section 6303 of the Family Code is amended to read:
6303. (a) It is the function of a support person to provide moral
and emotional support for a person who alleges he or she is a victim
of domestic violence. The person who alleges that he or she is a
victim of domestic violence may select any individual to act as a
support person. No certification, training, or other special
qualification is required for an individual to act as a support
person. The support person shall assist the person in feeling more
confident that he or she will not be injured or threatened by the
other party during the proceedings where the person and the other
party must be present in close proximity. The support person is not
present as a legal adviser and shall not give legal advice.
(b) A support person shall be permitted to accompany either party
to any proceeding to obtain a protective order, as defined in Section
6218. Where the party is not represented by an attorney, the support
person may sit with the party at the table that is generally
reserved for the party and the party's attorney.
(c) Notwithstanding any other provision of law to the contrary, if
a court has issued a protective order, a support person shall be
permitted to accompany a party protected by the order during any
mediation orientation or mediation session, including separate
mediation sessions, held pursuant to a proceeding described in
Section 3021. The Family Court Services, and
any agency charged with providing family court services ,
shall advise the party protected by the order of the right to
have a support person during mediation. A mediator may exclude a
support person from a mediation session if the support person
participates in the mediation session, or acts as an advocate, or the
presence of a particular support person is disruptive or disrupts
the process of mediation. The presence of the support person does not
waive the confidentiality of the mediation, and the support person
is bound by the confidentiality of the mediation.
(d) In a proceeding subject to this section, a support person
shall be permitted to accompany a party in court where there are
allegations or threats of domestic violence and, where the party is
not represented by an attorney, may sit with the party at the table
that is generally reserved for the party and the party's attorney.
(e) Nothing in this section precludes a court from exercising its
discretion to remove a person from the courtroom when it would be in
the interest of justice to do so, or when the court believes the
person is prompting, swaying, or influencing the party protected by
the order.
SEC. 22. Section 7553 of the Family Code is amended to read:
7553. (a) The compensation of each expert
witness appointed by the court shall be fixed at a reasonable amount.
It shall be paid as the court shall order. The
Except as provided in subdivision (b), the court may order
that it be paid by the parties in the proportions and at the times
the court prescribes, or that the proportion of any party be paid by
the county, and that, after payment by the parties or the county or
both, all or part or none of it be taxed as costs in the action or
proceeding.
(b) If the expert witness is appointed for the court's needs, the
compensation shall be paid by the court.
SEC. 23. Section 7556 of the Family Code is amended to read:
7556. This part applies to criminal actions subject to the
following limitations and provisions:
(a) An order for the tests shall be made only upon application of
a party or on the court's initiative.
(b) The compensation of the experts , other than an expert
witness appointed by the court for the court's needs, shall be
paid by the county under order of court. The compensation of an
expert witness appointed for the court's needs shall be paid by the
court.
(c) The court may direct a verdict of acquittal upon the
conclusions of all the experts under Section 7554; otherwise, the
case shall be submitted for determination upon all the evidence.
SEC. 24. Section 1750 of the Government Code is amended to read:
1750. Resignations shall be in writing, and made as follows:
(a) By the Governor and Lieutenant Governor, to the Legislature,
if it is in session; and if not, then to the Secretary of State.
(b) By all officers commissioned by the Governor, to the Governor.
(c) By Senators and Members of the Assembly, to the presiding
officers of their respective houses, who shall immediately transmit
the resignation to the Governor.
(d) By all officers of a county or judicial district
or special district other than an air pollution control
district which includes territory in more than one county or a school
district, not commissioned by the Governor, to the clerk of the
board of supervisors of their respective counties, unless by the
terms of the act under which a district is formed appointment to
vacancies is made by other than the board of supervisors, in which
case the resignation shall be submitted to the appointing body.
(e) By officers of a superior court, to the presiding judge.
(e)
(f) By officers of a municipal corporation, to the
clerk of the legislative body of their corporation.
(f)
(g) By all other appointed officers, to the body or
officer that appointed them.
SEC. 25. Section 23249 of the Government Code is amended to read:
23249. The commission shall determine:
(a) An equitable distribution, as between the transferring county
and the accepting county, of the indebtedness of each affected
county.
(b) The fiscal impact of the proposed boundary change in each
affected county.
(c) The economic viability of each affected county if the proposed
boundary change is effected.
(d) The final boundary lines between the two affected counties as
they will exist if the proposed boundary change is effected.
(e) A procedure for the orderly and timely transition of services,
functions and responsibilities from the transferring county to the
accepting county.
(f) The division of both affected counties into five supervisorial
districts. The boundaries of the districts shall be established in a
manner that results in a population in each district which is as
equal as possible to the population in each other district within the
county.
(g) The division of both affected counties into a convenient and
necessary number of judicial, road and school
districts, the territory of which shall be defined. To the extent
possible, existing judicial, road and school
districts located within the territory which is to be transferred
shall be maintained.
SEC. 26. Section 23332 of the Government Code is amended to read:
23332. The commission shall determine all of the following:
(a) A fair, just, and equitable distribution, as between each
affected county and the proposed county, of the indebtedness of each
affected county.
(b) The fiscal impact of the proposed county creation on each
affected county.
(c) The economic viability of the proposed county.
(d) The final boundaries of the proposed county, pursuant to
Sections 23337, 23337.5, and 23338.
(e) A procedure for the orderly and timely transition of service
functions and responsibilities from the affected county or counties
to the proposed county.
(f) The division of the proposed county into five supervisorial
districts. The boundaries of the districts shall be established in a
manner which results in a population in each district which is as
equal as possible to the population in each of the other districts
within the county.
(g) The division of the proposed county into a convenient and
necessary number of judicial, road, road
and school districts, the territory of which shall be defined.
To the extent possible, existing judicial, road,
road and school districts located within the territory of
the proposed county shall be maintained.
(h) Which county offices shall be filled by election at the
subsequent election of officials for an approved county conducted
pursuant to Article 4.5 (commencing with Section 23374.1), and which
of the offices shall be filled by appointments made by the board of
supervisors of the approved county. At a minimum, the county offices
to be filled by election shall be those which by law, are required to
be filled by election.
(i) That the boundaries of the proposed county do not create a
territory completely surrounded by any affected county.
(j) The location of the county seat of the proposed county.
(k) The appropriations limit for the proposed county in accordance
with Section 4 of Article XIII B of the California Constitution.
The commission shall not be required to make any other
determinations.
SEC. 27. Section 23535 of the Government Code is amended to read:
23535. The commission shall determine:
(a) The fiscal impact of the proposed consolidation on the
affected counties.
(b) A procedure for the orderly and timely transition of services,
functions and responsibilities from each affected county to the
consolidated county.
(c) The division of the proposed consolidated county into five
supervisorial districts.
(d) The division of the proposed consolidated county into a
convenient and necessary number of judicial, road
and school districts, the territory of which shall be defined.
(e) The county officers to be elected at the election provided for
in Section 23550.
(f) The location of the county seat of the proposed consolidated
county.
SEC. 28. Section 24350 of the Government Code is amended to read:
24350. Each salaried officer of a county or judicial
district shall charge and collect for the use of his or her
county and pay into the county treasury on or before the fifth day
of each month the fees allowed by law in all cases, except those or a
percentage of them allowed him or her, and those which are a charge
against the county. No salaried officer who collects fees pursuant to
this section shall be required to accept coin in payment of those
fees.
SEC. 29. Section 24351 of the Government Code is amended to read:
24351. Unless otherwise specifically provided for by law, each
officer of a county or judicial district shall on
the certificate of the auditor immediately deposit in the county
treasury all trust money coming into his the
officer's possession officially. Trust money so deposited shall
be withdrawn only on a warrant issued by the county auditor drawn
upon an order of the court into which the money was paid, or
upon requisition of the officer depositing the money
where no court proceedings are had .
SEC. 30. Section 24353 of the Government Code is amended to read:
24353. Each officer of a county or of a superior court
authorized to collect money shall pay into the county
treasury all money collected by him or her, or under his or her
control, that is payable into the treasury in a timely manner, and
shall remit fee, fine, and forfeiture data within 35 days after the
end of the month in which they are collected to the county auditor
and treasurer in the form they require. No officer who collects money
as described in this section shall be required to accept payment in
coin. If the county auditor finds that an officer of the county
or an officer of the court has failed to comply
with the requirements for payment of moneys pursuant to this section
or Section 68101, which directly results in the assessment of a
financial penalty pursuant to Section 68085, the county department
or superior court that failed to comply shall
reimburse the county general fund in an amount equal to the actual
penalty. With the approval of the treasurer as provided in Section
27080.1, each depositing officer may deposit directly into the
treasurer's active account all money payable into the county
treasury. On and after January 1, 2006, this section does
not apply to money collected under Chapter 5.8 (commencing with
Section 70600) of Title 8 or fees and fines to which Section 68085.1
applies.
SEC. 31. Section 25252.6 of the Government Code is amended to
read:
25252.6. The board of supervisors may in its discretion establish
and determine the amount of, or may by resolution authorize the
county auditor to establish and determine the amount of, a revolving
cash trust fund for the purpose of eliminating delays which adversely
affect the official operation of offices and departments of the
county or of judicial districts therein resulting
from regular deposits in and withdrawals from a trust fund
established for the use of any such county
officer or department head. The amount of the revolving cash
trust fund shall not exceed the amount of the trust fund. The
revolving cash trust fund shall be used by the officer or department
head for payment of services, expenses or other charges which are
legally payable out of the deposits in the trust fund.
SEC. 32. Section 27080.1 of the Government Code is amended to
read:
27080.1. Where the county treasurer has entered into a contract
for the deposit of moneys with a depository pursuant to Section
53682, the county treasurer may authorize any county officer
or judicial district , required to deposit into the county
treasury all money collected by him or her or the district
, to deposit that money directly into the depository with
whom the county treasurer has entered into the contract. The
county treasurer may also authorize any superior court officer to
deposit money collected by the officer that is payable to the county
treasury into the depository. All deposits made under
authority granted by the treasurer pursuant to this section shall be
made in the form as required by the treasurer, and receipts for
those deposits shall be given in accordance with Section 27009.
SEC. 33. Section 29320 of the Government Code is amended to read:
29320. As used in this article, "officer of the county" includes
any elective or appointive officer of a county , superior
court, or judicial district and any person in charge of any
office, department, service, or institution of the county, or a
division or branch thereof.
SEC. 34. Section 29370 of the Government Code is amended to read:
29370. The board of supervisors may establish a county officers
cash difference fund for the use of any county officer or
administrative head of any county department or judicial
district handling county funds by adopting a resolution
setting forth the amount of the fund. Certified copies of the
resolution shall be transmitted to the county auditor and to each
county officer or administrative head of a county department
or judicial district who has such fund.
SEC. 35. Section 29370.1 of the Government Code is amended to
read:
29370.1. (a) As an alternative to Section
29370, the board of supervisors may, by resolution, authorize the
county auditor to perform the functions of the board in establishing,
increasing, reducing, or discontinuing any county officers cash
difference fund. The
(b) The resolution adopted by the
board of supervisors may set the amount of the fund. If the board of
supervisors adopts the resolution, the county auditor shall do all
of the following:
(a)
(1) Be subject to the same requirements and limitations
otherwise prescribed for the board of supervisors in this article.
(b)
(2) In lieu of acting by resolution, act by signed
statement having the same content otherwise prescribed in this
article for resolutions.
(c)
(3) Render a written report to the board of
supervisers supervisors at the end of each
fiscal year identifying the cash difference funds in existence during
the fiscal year, the amount of those funds, and the officer using
the fund. The board of supervisors may require the county auditor to
give an account of the cash difference fund at any other time.
The
(c) The county auditor shall send
a copy of his or her signed statement to each county officer or
administrative head of a county department or judicial
district who has the fund.
SEC. 36. Section 29371 of the Government Code is amended to read:
29371. If the board elects to establish a cash difference fund,
it shall by the same resolution also establish an overage fund for
the use of each county officer or administrative head of a county
department or judicial district affected.
SEC. 37. Section 29372 of the Government Code is amended to read:
29372. Upon the adoption of the resolution, the auditor shall
draw his a warrant in favor of the
county officer or administrative head of a county department
or judicial district in the amount set forth in the
resolution, and the treasurer shall pay the warrant. The county
officer or administrative head of a county department or
judicial district shall use this fund only for cash
deficits pursuant to this article.
SEC. 38. Section 29373 of the Government Code is amended to read:
29373. Any person in any county office ,
or department , or judicial district in
which a cash difference fund has been established who receives and
disburses money placed in his the person's
custody as directed by law or by official authority, shall
render a written report to the county officer or administrative head
of a county department or judicial district at the
close of each business day, setting forth the exact sum of any cash
deficit or overage in his the person's
account for that day. Failure to report any cash deficit or overage
at the close of the business day in which it occurred is a violation
of this article.
SEC. 39. Section 29374 of the Government Code is amended to read:
29374. If a cash deficit is reported to the county officer or
administrative head of a county department or judicial
district, he , the county officer or administrative
head shall immediately reimburse the cash charged to the person
in the amount of the cash deficit. The reimbursement shall not
exceed the amount in the cash difference fund unless that fund is
replenished by the board of supervisors, and in any event is
not to exceed the sum appropriated by the board.
SEC. 40. Section 29375 of the Government Code is amended to read:
29375. If an overage is reported to the county officer or
administrative head of a county department or judicial
district involved, he the county
officer o r administrative head shall immediately
deposit the overage in the overage fund in the county treasury.
SEC. 41. Section 29376 of the Government Code is amended to read:
29376. Each county officer or administrative head of a county
department or judicial district having a cash
difference fund shall upon demand of the auditor or the board of
supervisors give an account of the cash difference fund.
SEC. 42. Section 29377 of the Government Code is amended to read:
29377. If the cash difference fund becomes exhausted, the county
officer or administrative head of a county department or
judicial district involved may make a written application
to the board of supervisors to have it replenished. In his
the application he , the
county officer or administrative head shall itemize each cash
deficit as to amount,
date of occurrence and the name of the person whose account was
reimbursed from the fund.
SEC. 43. Section 29379 of the Government Code is amended to read:
29379. The board may at any time discontinue the cash difference
fund. If the cash difference fund is discontinued, the county officer
or administrative head of a county department or judicial
district shall immediately give an account thereof and
deposit any balance in that fund in into
the county general fund.
SEC. 44. Section 29603 of the Government Code is amended to read:
29603. The sums required by law to be paid to the
grand and trial jurors and witnesses in
criminal cases tried in a superior or municipal
court , other than expert witnesses appointed by the court for
the court's needs pursuant to Section 730 of the Evidence Code,
are county charges.
SEC. 45. Section 31116 of the Government Code is amended to read:
31116. For the purpose of facilitating the recruitment of
professional and technically trained persons to fill positions for
which there is a shortage of qualified applicants, a county may
expend county funds to pay reasonable travel expenses of applicants
for county or judicial district employment in
traveling, from any point within the continental United States, to
and from the place or places at which the applicants are to be
examined or interviewed. Such payments shall be authorized only upon
a determination by the board of supervisors that the expenditure is
necessary to recruit qualified persons needed by the county
or judicial district .
SEC. 46. Section 68083 is added to the Government Code, to read:
68083. Each salaried officer of a superior court shall charge,
collect, and promptly deposit the fees allowed in each case, as
provided by law. No salaried officer who collects fees shall be
required to accept coin in payment of those fees.
SEC. 47. Section 68083.5 is added to the Government Code, to read:
68083.5. Each officer of a superior court authorized to collect
money shall pay into the county treasury all money collected by that
officer, or under the officer's control, that is payable into the
treasury in a timely manner, and shall remit fee, fine, and
forfeiture data within 35 days after the end of the month in which
they are collected to the county auditor and treasurer in the form
they require. No officer who collects money as described in this
section shall be required to accept payment in coin. If the county
auditor finds that an officer of the court has failed to comply with
the requirements for payment of moneys pursuant to this section or
Section 68101, which directly results in the assessment of a
financial penalty pursuant to Section 68085, the superior court that
failed to comply shall reimburse the county general fund in an amount
equal to the actual penalty. With the approval of the treasurer as
provided in Section 27080.1, each depositing officer may deposit
directly into the treasurer's active account all money payable into
the county treasury. On and after January 1, 2006, this section does
not apply to money collected under Chapter 5.8 (commencing with
Section 70600) of Title 8 or fees and fines to which Section 68085.1
applies.
SEC. 48. Section 68098 of the Government Code is amended to read:
68098. Witness' fees in criminal cases in superior and
municipal courts , other than fees for expert
witnesses appointed by the court for the court's needs pursuant to
Section 730 of the Evidence Code, are charges against the same
funds as grand jurors' fees in such
criminal cases.
SEC. 49. Section 1305.5 is added to the Penal Code, to read:
1305.5. Notwithstanding Sections 85, 580, 904.1, and 904.2 of the
Code of Civil Procedure, the following rules apply to an appeal from
an order of the superior court on a motion to vacate a bail
forfeiture declared under Section 1305:
(a) If the amount in controversy exceeds twenty-five thousand
dollars ($25,000), the appeal is to the court of appeal and shall be
treated as an unlimited civil case.
(b) Except as provided in subdivision (c), if the amount in
controversy does not exceed twenty-five thousand dollars ($25,000),
the appeal is to the appellate division of the superior court and
shall be treated as a limited civil case.
(c) If the bail forfeiture was in a felony case, or in a case in
which both a felony and a misdemeanor were charged, and the
forfeiture occurred at or after the sentencing hearing or after the
indictment or the legal commitment by a magistrate, the appeal is to
the court of appeal and shall be treated as an unlimited civil case.
SEC. 50. Section 1306 of the Penal Code is amended to read:
1306. (a) When any bond is forfeited and the period of time
specified in Section 1305 has elapsed without the forfeiture having
been set aside, the court which has declared the forfeiture
, regardless of the amount of the bail, shall enter a
summary judgment against each bondsman named in the bond in the
amount for which the bondsman is bound. The judgment shall be the
amount of the bond plus costs, and notwithstanding any other law, no
penalty assessments shall be levied or added to the judgment.
(b) If a court grants relief from bail forfeiture, it shall impose
a monetary payment as a condition of relief to compensate the people
for the costs of returning a defendant to custody pursuant to
Section 1305, except for cases where the court determines that in the
best interest of justice no costs should be imposed. The amount
imposed shall reflect the actual costs of returning the defendant to
custody. Failure to act within the required time to make the payment
imposed pursuant to this subdivision shall not be the basis for a
summary judgment against any or all of the underlying amount of the
bail. A summary judgment entered for failure to make the payment
imposed under this subdivision is subject to the provisions of
Section 1308, and shall apply only to the amount of the costs owing
at the time the summary judgment is entered, plus administrative
costs and interests interest .
(c) If, because of the failure of any court to promptly perform
the duties enjoined upon it pursuant to this section, summary
judgment is not entered within 90 days after the date upon which it
may first be entered, the right to do so expires and the bail is
exonerated.
(d) A dismissal of the complaint, indictment, or information after
the default of the defendant shall not release or affect the
obligation of the bail bond or undertaking.
(e) The district attorney or county counsel shall:
(1) Demand immediate payment of the judgment within 30 days after
the summary judgment becomes final.
(2) If the judgment remains unpaid for a period of 20 days after
demand has been made, shall forthwith enforce the judgment in the
manner provided for enforcement of money judgments generally. If the
judgment is appealed by the surety or bondsman, the undertaking
required to be given in these cases shall be provided by a surety
other than the one filing the appeal. The undertaking shall comply
with the enforcement requirements of Section 917.1 of the Code of
Civil Procedure. Notwithstanding Sections 85, 580, 904.1, and
904.2 of the Code of Civil Procedure, jurisdiction of the appeal, and
treatment of the appeal as a limited civil case or an unlimited
civil case, is governed by Section 1305.5.
(f) The right to enforce a summary judgment entered against a
bondsman pursuant to this section shall expire two years after the
entry of the judgment.