BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1529|
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THIRD READING
Bill No: AB 1529
Author: Dickinson (D)
Amended: 5/3/12 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/19/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE PUBLIC SAFETY COMMITTEE : 5-0, 7/3/12
AYES: Hancock, Anderson, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon, Harman
ASSEMBLY FLOOR : 76-0, 5/14/12 (Consent) - See last page
for vote
SUBJECT : Trial courts: restructuring and bail
forfeiture appeals
SOURCE : California Law Revision Commission
DIGEST : This bill (1) implements various recommendations
of the California Law Revision Commission (CLRC) concerning
trial court restructuring and state responsibility for the
courts; and (2) specifically provides that a bail
forfeiture appeal in which the amount in controversy
exceeds $25,000 shall be heard in the court of appeal and
an appeal involving $25,000 or less shall be heard in an
appellate division of a superior court.
ANALYSIS :
CONTINUED
AB 1529
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Trial Court Restructuring Generally
Existing law provides that the state bears sole
responsibility for the funding of court operations and
requires the state to be responsible for the cost of court
operations incurred by the trial courts. (Government Code
(GOV) Section 77200.)
Existing law specifies that no county shall be responsible
for funding court operations. (GOV Section 77201)
Existing law requires the CLRC to determine whether any
provisions of law are obsolete as a result of trial court
restructuring and to recommend to the Legislature any
amendments to remove those obsolete provisions. (GOV
Section 71674)
This bill deletes references to municipal courts, judicial
districts, counties, and county entities made obsolete by
the shift to state funding of trial court operations.
This bill clarifies which tribunal has jurisdiction of a
writ petition in a small claims case after trial court
restructuring.
This bill revises existing law relating to the compensation
of expert witnesses, interpreters, and translators to
reflect the shift from county to state funding of trial
court operations.
Bail Forfeiture Appeals and Related Matters
Existing law provides that when a bail bond is forfeited,
and the time has passed during which the bail agent can
return the defendant to court and have the forfeiture set
aside, the court shall enter a summary judgment on the
forfeiture. (Penal Code (PEN) Section 1306, subd. (a.)
Existing law provides that if the court fails to perform
duties concerning execution of a bail forfeiture and
summary judgment is not entered within 90 days, bail shall
be exonerated. (PEN Section 1306, subd. (c))
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Existing law states that the district attorney or county
counsel shall do the following in regard to bail defaults:
The prosecutor shall demand immediate payment of the
judgment within 30 days after the summary judgment
becomes final.
If the judgment remains unpaid for a period of 20 days,
the prosecutor shall enforce the judgment as a money
judgment. 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. (PEN Section 1306, subd. (d))
Existing law provides that the right to enforce a summary
judgment entered against a bondsman expires two years after
the entry of judgment. (PEN Section 1306, subd. (e))
This bill provides 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 the
appellate division of the superior court as a limited civil
case, if the amount in controversy does not exceed $25,000.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/6/12)
California Law Revision Commission (source)
Aladdin Bail Bonds
California Bail Agents Association
Golden State Bail Agents Association
ARGUMENTS IN SUPPORT : According to the author, "This
bill seeks to implement the recommendations of the
California Law Revision Commission (CLRC), all
non-controversial, by amending various code sections to
reflect the changes brought about by trial court
restructuring. The revisions would reflect the
consequences of restructuring by deleting obsolete language
referencing judicial districts, municipal courts, and
county responsibility for court funding and personnel
management."
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ASSEMBLY FLOOR : 76-0, 5/14/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao
RJG:d 7/6/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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