California Legislature—2013–14 Regular Session

Assembly BillNo. 1293


Introduced by Assembly Member Bloom

February 22, 2013


An act to amend Sections 70375 and 76000 of the Government Code, to amend Section 1463.001 of the Penal Code, and to amend Section 19210 of the Public Contract Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1293, as introduced, Bloom. Courts.

(1) Existing law authorizes each county to establish a local courthouse construction fund for the purpose of assisting the county in the acquisition, rehabilitation, construction, and financing of court facilities. Existing law authorizes each county to collect an additional penalty in the amount of $7 for every $10, or part of $10, upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses for deposit in various county funds at the direction of the board of supervisors, including the local courthouse construction fund. Existing law provides for the transfer of the funds in any county’s courthouse construction fund to the State Court Facilities Construction Fund as part of the transition of funding of courthouses from the counties to the state upon the occurrence of specified events. Existing law requires a reduction of the $7 additional penalty by an additional penalty amount assessed by a county for the local courthouse construction fund when the moneys in that local courthouse construction fund are transferred to the State Court Facilities Construction Fund.

This bill would provide that after moneys in the local courthouse construction fund are transferred to the State Court Facilities Construction Fund, a specified portion of the $7 additional penalty shall instead be transmitted to the State Court Facilities Construction Fund to be used for maintenance of court facilities. The bill would make additional conforming changes.

(2) Existing law, except as provided, requires that all fines and forfeitures imposed and collected for crimes other than parking offenses resulting from a filing in a court be deposited with the county treasurer and distributed as provided.

This bill would authorize each superior court to deposit the fines and forfeitures that it collects into its Trial Court Operations Fund instead of with the county treasurer and distribute the funds as provided.

(3) Existing law commencing not earlier than July 1, 2011, and not later than December 15, 2012, requires the State Auditor to establish a pilot program to audit 6 trial courts, as provided.

This bill would suspend these requirements until an appropriation is made by the Legislature expressly for this purpose.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 70375 of the Government Code is
2amended to read:

3

70375.  

(a) This article shall take effect on January 1, 2003,
4and the fund, penalty, and fee assessment established by this article
5shall become operative on January 1, 2003, except as otherwise
6provided in this article.

7(b) The authority for all of the following shall expire
8proportionally on the June 30th following the date of transfer of
9responsibility for facilities from the county to the Judicial Council,
10except so long as money is needed to pay for construction provided
11for in those sections and undertaken prior to the transfer of
12responsibility for facilities from the county to the Judicial Council:

begin delete

13(1) An additional penalty for a local courthouse construction
14fund established pursuant to Section 76100.

end delete
begin delete

15(2)

end delete

16begin insert(1)end insert A filing fee surcharge in the County of Riverside established
17pursuant to Section 70622.

begin delete

18(3)

end delete

19begin insert(2)end insert A filing fee surcharge in the County of San Bernardino
20established pursuant to Section 70624.

begin delete

P3    1(4)

end delete

2begin insert(3)end insert A filing fee surcharge in the City and County of San
3Francisco established pursuant to Section 70625.

4(c) For purposes of subdivision (c), the term “proportionally”
5means that proportion of the fee or surcharge that shall expire upon
6the transfer of responsibility for a facility that is the same
7proportion as the square footage that facility bears to the total
8square footage of court facilities in that county.

9

SEC. 2.  

Section 76000 of the Government Code is amended
10to read:

11

76000.  

(a) (1) begin deleteExcept as otherwise provided elsewhere in this
12section, in end delete
begin insertIn end inserteach county there shall be levied an additional penalty
13in the amount of seven dollars ($7) for every ten dollars ($10), or
14part of ten dollars ($10), upon every fine, penalty, or forfeiture
15imposed and collected by the courts for all criminal offenses,
16including all offenses involving a violation of the Vehicle Code
17or any local ordinance adopted pursuant to the Vehicle Code.

18(2) This additional penalty shall be collected together with and
19in the same manner as the amounts established by Section 1464
20of the Penal Code. These moneys shall be taken from fines and
21forfeitures deposited with the county treasurer prior to any division
22pursuant to Section 1463 of the Penal Code.begin delete Theend deletebegin insert Except as
23provided in subdivision (e), theend insert
county treasurer shall deposit those
24amounts specified by the board of supervisors by resolution in one
25or more of the funds established pursuant to this chapter. However,
26deposits to these funds shall continue through whatever period of
27time is necessary to repay any borrowings made by the county on
28or before January 1, 1991, to pay for construction provided for in
29this chapter.

30(3) This additional penalty does not apply to the following:

31(A) Any restitution fine.

32(B) Any penalty authorized by Section 1464 of the Penal Code
33or this chapter.

34(C) Any parking offense subject to Article 3 (commencing with
35Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.

36(D) The state surcharge authorized by Section 1465.7 of the
37Penal Code.

38(b) In each authorized county,begin delete provided thatend deletebegin insert ifend insert the board of
39supervisors has adopted a resolution stating that the implementation
40of this subdivision is necessary to the county for the purposes
P4    1authorized, with respect to each authorized fund established
2pursuant to Section 76100 or 76101, for every parking offense
3where a parking penalty, fine, or forfeiture is imposed, an added
4penalty of two dollars and fifty cents ($2.50) shall be included in
5the total penalty, fine, or forfeiture. Except as provided in
6subdivision (c), for each parking case collected in the courts of the
7county, the county treasurer shall place in each authorized fund
8two dollars and fifty cents ($2.50). These moneys shall be taken
9from fines and forfeitures deposited with the county treasurer prior
10to any division pursuant to Sectionbegin delete 1462.3 orend delete 1463.009 of the Penal
11Code. The judges of the county shall increase the bail schedule
12amounts as appropriate to reflect the added penalty provided for
13by this section. In those cities, districts, or other issuing agencies
14which elect to accept parking penalties, and otherwise process
15parking violations pursuant to Article 3 (commencing with Section
1640200) of Chapter 1 of Division 17 of the Vehicle Code, that city,
17district, or issuing agency shall observe the increased bail amounts
18as established by the court reflecting the added penalty provided
19for by this section. Each agencybegin delete whichend deletebegin insert thatend insert elects to process
20parking violations shall pay to the county treasurer two dollars and
21fifty cents ($2.50) for each fund for each parking penalty collected
22on each violation which is not filed in court. Those payments to
23the county treasurer shall be made monthly, and the county
24treasurer shall deposit all those sums in the authorized fund.begin delete Noend delete
25begin insert Anend insert issuing agency shallbegin insert notend insert be required to contribute revenues to
26any fund in excess of those revenues generated from the surcharges
27established in the resolution adopted pursuant to this chapter,
28except as otherwise agreed upon by the local governmental entities
29involved.

30(c) The county treasurer shall deposit one dollar ($1) of every
31two dollars and fifty cents ($2.50) collected pursuant to subdivision
32(b) into the general fund of the county.

33(d) The authority to impose the two-dollar-and-fifty-cent ($2.50)
34penalty authorized by subdivision (b) shall be reduced to one dollar
35($1) as of the date of transfer of responsibility for facilities from
36the county to the Judicial Council pursuant to Article 3
37(commencing with Section 70321) of Chapterbegin delete 5.1end deletebegin insert 5.7end insert, except as
38money is needed to pay for construction provided for in Section
3976100 and undertaken prior to the transfer of responsibility for
40facilities from the county to the Judicial Council.

begin delete

P5    1(e) The seven-dollar ($7) additional penalty authorized by
2subdivision (a) shall be reduced in each county by the additional
3penalty amount assessed by the county for the local courthouse
4construction fund established by Section 76100 as of January 1,
51998, when the money in that fund is transferred to the state under
6Section 70402. The amount each county shall charge as an
7additional penalty under this section shall be as follows:

end delete
begin insert

8(e) After money in the local courthouse construction fund,
9established by Section 76100, is transferred to the state under
10Section 70402, the amount of the seven- dollar ($7) additional
11penalty authorized by subdivision (a) that is set forth in the chart
12below shall be transmitted to the State Court Facilities
13Construction Fund to be used for maintenance of court facilities.

end insert

14

 

Alameda

begin delete

$5.00 

end delete
begin insert

$1.65 

end insert

Marin

begin delete

$5.00 

end delete
begin insert

$0.00 

end insert

San Luis Obispo

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

Alpine

begin delete

$5.00 

end delete
begin insert

$0.00 

end insert

Mariposa

begin delete

$2.50 

end delete
begin insert

$0.00 

end insert

San Mateo

begin delete

$4.75 

end delete
begin insert

$2.25 

end insert

Amador

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

Mendocino

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Santa Barbara

begin delete

$3.50 

end delete
begin insert

$2.52 

end insert

Butte

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Merced

begin delete

$4.75 

end delete
begin insert

$2.25 

end insert

Santa Clara

begin delete

$5.50 

end delete
begin insert

$1.50 

end insert

Calaveras

begin delete

$3.00 

end delete
begin insert

$4.00 

end insert

Modoc

begin delete

$3.50 

end delete
begin insert

$0.00 

end insert

Santa Cruz

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Colusa

begin delete

$6.00 

end delete
begin insert

$0.66 

end insert

Mono

begin delete

$4.00 

end delete
begin insert

$2.09 

end insert

Shasta

$3.50 

Contra Costa

begin delete

$5.00 

end delete
begin insert

$1.72 

end insert

Monterey

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

Sierra

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Del Norte

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Napa

begin delete

$3.00 

end delete
begin insert

$4.00 

end insert

Siskiyou

$5.00 

begin insert

$1.98 

end insert

El Dorado

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

Nevada

begin delete

$4.75 

end delete
begin insert

$2.25 

end insert

Solano

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

Fresno

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Orange

begin delete

$5.29 

end delete
begin insert

$1.61 

end insert

Sonoma

begin delete

$5.00 

end delete
begin insert

$1.97 

end insert

Glenn

begin delete

$4.00 

end delete
begin insert

$3.00 

end insert

Placer

begin delete

$4.75 

end delete
begin insert

$2.25 

end insert

Stanislaus

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

Humboldt

begin delete

$5.00 

end delete
begin insert

$1.82 

end insert

Plumas

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Sutter

begin delete

$6.00 

end delete
begin insert

$1.00 

end insert

Imperial

begin delete

$6.00 

end delete
begin insert

$1.00 

end insert

Riverside

begin delete

$4.60 

end delete
begin insert

$2.03 

end insert

Tehama

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Inyo

begin delete

$4.00 

end delete
begin insert

$3.00 

end insert

Sacramento

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

Trinity

begin delete

$4.50 

end delete
begin insert

$0.00 

end insert

Kern

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

San Benito

begin delete

$5.00 

end delete
begin insert

$1.85 

end insert

Tulare

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

Kings

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

San Bernardino

begin delete

$5.00 

end delete
begin insert

$1.95 

end insert

Tuolumne

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Lake

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

San Diego

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Ventura

begin delete

$5.00 

end delete
begin insert

$1.69 

end insert

Lassen

begin delete

$2.00 

end delete
begin insert

$1.69 

end insert

San Francisco

begin delete

$6.99 

end delete
begin insert

$0.01 

end insert

Yolo

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

Los Angeles

begin delete

$5.00 

end delete
begin insert

$2.00 

end insert

San Joaquin

begin delete

$3.75 

end delete
begin insert

$3.25 

end insert

Yuba

begin delete

$3.00 

end delete
begin insert

$4.00 

end insert

Madera

begin delete

$7.00 

end delete
begin insert

$0.00 

end insert

   

   

   

   

 

17

SEC. 3.  

Section 1463.001 of the Penal Code is amended to
18read:

19

1463.001.  

Except as otherwise provided in this section, all
20fines and forfeitures imposed and collected for crimes other than
21parking offenses resulting from a filing in a court shall as soon as
22practicable after receipt thereof, be deposited with the county
23treasurer, and each month the total fines and forfeituresbegin delete whichend deletebegin insert thatend insert
24 have accumulated within the past month shall be distributed, as
25follows:

26(a) The state penalties, county penalties, special penalties,
27service charges, and penalty allocations shall be transferred to the
28proper funds as required by law.

29(b) The base fines shall be distributed, as follows:

30(1) Any base fines which are subject to specific distribution
31under any other section shall be distributed to the specified funds
32of the state or local agency.

33(2) Base fines resulting from county arrest not included in
34paragraph (1), shall be transferred into the proper funds of the
35county.

36(3) Base fines resulting from city arrests not included in
37paragraph (1), an amount equal to the applicable county
38percentages set forth in Section 1463.002, as modified by Section
391463.28, shall be transferred into the proper funds of the county.
P7    1Until July 1, 1998, the remainder of base fines resulting from city
2arrests shall be divided between each city and county, with 50
3percent deposited to the county’s general fund, and 50 percent
4deposited to the treasury of the appropriate city, and thereafter the
5remainder of base fines resulting from city arrests shall be
6deposited to the treasury of the appropriate city.

7(4) In a county that had an agreement as of March 22, 1977,
8that provides for city fines and forfeitures to accrue to the county
9in exchange for sales tax receipts, base fines resulting from city
10arrests not included in paragraph (1) shall be deposited into the
11proper funds of the county.

begin insert

12(c) Notwithstanding any other law, each superior court may
13deposit the fines and forfeitures that it collects into its Trial Court
14Operations Fund, instead of depositing the total amount with the
15county treasurer. In that case, the superior court shall make the
16distributions required in subdivision (a).

end insert
begin delete

17(c)

end delete

18begin insert(d)end insert Eachbegin insert superior court andend insert county shall keep a record of its
19depositsbegin delete to its treasuryend delete and itsbegin delete transmittal to each city treasuryend delete
20begin insert transmittalsend insert pursuant to this section.

begin delete

21(d)

end delete

22begin insert(e)end insert The distribution specified in subdivision (b) applies to all
23funds subject thereto distributed on or after July 1, 1992, regardless
24of whether the court has elected to allocate and distribute funds
25pursuant to Section 1464.8.

begin delete

26(e)

end delete

27begin insert(f)end insert Any amounts remitted to the countybegin insert or the courtend insert from
28amounts collected by the Franchise Tax Board upon referral by a
29county pursuant to Articlebegin delete 6end deletebegin insert 5.5end insert (commencing with Section 19280)
30of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation
31Code shall be allocated pursuant to this section.

32

SEC. 4.  

Section 19210 of the Public Contract Code is amended
33to read:

34

19210.  

(a) Commencing not earlier than July 1, 2011, and not
35later than December 15, 2012, the State Auditor shall establish a
36pilot program to audit six trial courts. That entity shall select the
37trial courts using the following criteria:

38(1) Two trial courts selected from counties with a population
39of 200,000 or less.

P8    1(2) Two trial courts selected from counties with a population
2greater than 200,000 and less than 750,000.

3(3) Two trial courts selected from counties with a population
4of 750,000 or greater.

5The audits shall assess the implementation of this part by the
6judicial branch.

7(b) Based on the results of the pilot program audits described
8in subdivision (a), the State Auditor shall, on or before December
915, 2013, commence an audit of the trial courts, provided that
10every trial court is audited in the manner prescribed by this section
11at least once every four years. The audits shall assess the
12implementation of this part by the judicial branch. The audits
13required by this paragraph shall be in addition to any audit regularly
14conducted pursuant to any other provision of law.

15(c) Notwithstanding Section 10231.5 of the Government Code,
16the State Auditor shall compile the trial court audit findings and
17report the results of these audits to the Legislature, the Judicial
18Council, and the Department of Finance no later than April 1 of
19each year. An audit report shall not be considered final until the
20audited entity is provided a reasonable opportunity to respond and
21the response is included with, or incorporated into, the report.

22(d) The reasonable and necessary contracted cost of the audits
23conducted pursuant to this section shall be paid from funds of the
24local trial court being audited.

25(e) (1) On or before December 15, 2013, and biennially
26thereafter, the State Auditor shall perform an audit of the
27Administrative Office of the Courts, the Habeas Corpus Resource
28Center, and the appellate courts to assess their implementation of
29this part.

30(2) The State Auditor shall provide a copy of the final audit
31report of the Administrative Office of the Courts to the Legislature,
32the Judicial Council, and the Department of Finance upon issuance.
33An audit report shall not be considered final until the audited entity
34is provided a reasonable opportunity to respond and the response
35is included with, or incorporated into, the report.

36(3) Any reasonable and necessary contracted costs incurred by
37the auditing entity pursuant to this subdivision shall be reimbursed
38by the Administrative Office of the Courts.

P9    1(f) The State Auditor shall conduct the audits required pursuant
2to this section in accordance with Chapter 6.5 (commencing with
3Section 8543) of Division 1 of Title 2 of the Government Code.

4(g) If the State Auditor is selected as the auditing entity pursuant
5to subdivision (j) of Section 77206 of the Government Code, then
6the State Auditor may combine the results of any audit of a trial
7court conducted pursuant to that section with an audit of the same
8trial court conducted pursuant to this section. The State Auditor
9may also combine the results of an audit of the Administrative
10Office of the Courts pursuant to Section 77206 of the Government
11Code with the results of an audit of the Administrative Office of
12the Courts pursuant to this section.

13(h) A report submitted pursuant to this section shall be submitted
14in compliance with Section 9795 of the Government Code.

begin insert

15(i) The requirements of this section shall be suspended until an
16appropriation is made by the Legislature expressly for this purpose.

end insert


O

    99