BILL NUMBER: AB 1293 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 70375 of the Government Code is amended to
read:
70375. (a) This article shall take effect on January 1, 2003, and
the fund, penalty, and fee assessment established by this article
shall become operative on January 1, 2003, except as otherwise
provided in this article.
(b) The authority for all of the following shall expire
proportionally on the June 30th following the date of transfer of
responsibility for facilities from the county to the Judicial
Council, except so long as money is needed to pay for construction
provided for in those sections and undertaken prior to the transfer
of responsibility for facilities from the county to the Judicial
Council:
(1) An additional penalty for a local courthouse construction fund
established pursuant to Section 76100.
(2)
(1) A filing fee surcharge in the County of Riverside
established pursuant to Section 70622.
(3)
(2) A filing fee surcharge in the County of San
Bernardino established pursuant to Section 70624.
(4)
(3) A filing fee surcharge in the City and County of
San Francisco established pursuant to Section 70625.
(c) For purposes of subdivision (c), the term "proportionally"
means that proportion of the fee or surcharge that shall expire upon
the transfer of responsibility for a facility that is the same
proportion as the square footage that facility bears to the total
square footage of court facilities in that county.
SEC. 2. Section 76000 of the Government Code is amended to read:
76000. (a) (1) Except as otherwise provided elsewhere in
this section, in In each county there shall be
levied an additional penalty in the amount of seven dollars ($7) for
every ten dollars ($10), or part of ten dollars ($10), upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including all offenses involving a violation
of the Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code.
(2) This additional penalty shall be collected together with and
in the same manner as the amounts established by Section 1464 of the
Penal Code. These moneys shall be taken from fines and forfeitures
deposited with the county treasurer prior to any division pursuant to
Section 1463 of the Penal Code. The Except
as provided in subdivision (e), the county treasurer shall
deposit those amounts specified by the board of supervisors by
resolution in one or more of the funds established pursuant to this
chapter. However, deposits to these funds shall continue through
whatever period of time is necessary to repay any borrowings made by
the county on or before January 1, 1991, to pay for construction
provided for in this chapter.
(3) This additional penalty does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Section 1464 of the Penal Code or
this chapter.
(C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal
Code.
(b) In each authorized county, provided that
if the board of supervisors has adopted a resolution
stating that the implementation of this subdivision is necessary to
the county for the purposes authorized, with respect to each
authorized fund established pursuant to Section 76100 or 76101, for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added penalty of two dollars and fifty cents ($2.50)
shall be included in the total penalty, fine, or forfeiture. Except
as provided in subdivision (c), for each parking case collected in
the courts of the county, the county treasurer shall place in each
authorized fund two dollars and fifty cents ($2.50). These moneys
shall be taken from fines and forfeitures deposited with the county
treasurer prior to any division pursuant to Section 1462.3
or 1463.009 of the Penal Code. The judges of the county
shall increase the bail schedule amounts as appropriate to reflect
the added penalty provided for by this section. In those cities,
districts, or other issuing agencies which elect to accept parking
penalties, and otherwise process parking violations pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
of the Vehicle Code, that city, district, or issuing agency shall
observe the increased bail amounts as established by the court
reflecting the added penalty provided for by this section. Each
agency which that elects to process
parking violations shall pay to the county treasurer two dollars and
fifty cents ($2.50) for each fund for each parking penalty collected
on each violation which is not filed in court. Those payments to the
county treasurer shall be made monthly, and the county treasurer
shall deposit all those sums in the authorized fund. No
An issuing agency shall not be
required to contribute revenues to any fund in excess of those
revenues generated from the surcharges established in the resolution
adopted pursuant to this chapter, except as otherwise agreed upon by
the local governmental entities involved.
(c) The county treasurer shall deposit one dollar ($1) of every
two dollars and fifty cents ($2.50) collected pursuant to subdivision
(b) into the general fund of the county.
(d) The authority to impose the two-dollar-and-fifty-cent ($2.50)
penalty authorized by subdivision (b) shall be reduced to one dollar
($1) as of the date of transfer of responsibility for facilities from
the county to the Judicial Council pursuant to Article 3 (commencing
with Section 70321) of Chapter 5.1 5.7
, except as money is needed to pay for construction provided for in
Section 76100 and undertaken prior to the transfer of responsibility
for facilities from the county to the Judicial Council.
(e) The seven-dollar ($7) additional penalty authorized by
subdivision (a) shall be reduced in each county by the additional
penalty amount assessed by the county for the local courthouse
construction fund established by Section 76100 as of January 1, 1998,
when the money in that fund is transferred to the state under
Section 70402. The amount each county shall charge as an additional
penalty under this section shall be as follows:
(e) After money in the local courthouse construction fund,
established by Section 76100, is transferred to the state under
Section 70402, the amount of the seven- dollar ($7) additional
penalty authorized by subdivision (a) that is set forth in the chart
below shall be transmitted to the State Court Facilities Construction
Fund to be used for maintenance of court facilities.
+---------+------+-----------+------+----------+------+
| | | | |San Luis | |
|Alameda |$5.00 |Marin |$5.00 |Obispo |$5.00 |
|Alameda |$1.65 |Marin |$0.00 |Obispo |$2.00 |
+---------+------+-----------+------+----------+------+
|Alpine |$5.00 |Mariposa |$2.50 |San Mateo |$4.75 |
|Alpine |$0.00 |Mariposa |$0.00 |San Mateo |$2.25 |
+---------+------+-----------+------+----------+------+
| | | | |Santa | |
|Amador |$5.00 |Mendocino |$7.00 |Barbara |$3.50 |
|Amador |$2.00 |Mendocino |$0.00 |Barbara |$2.52 |
+---------+------+-----------+------+----------+------+
| | | | |Santa | |
|Butte |$7.00 |Merced |$4.75 |Clara |$5.50 |
|Butte |$0.00 |Merced |$2.25 |Clara |$1.50 |
+---------+------+-----------+------+----------+------+
|Calaveras|$3.00 |Modoc |$3.50 |Santa Cruz|$7.00 |
|Calaveras|$4.00 |Modoc |$0.00 |Santa Cruz|$0.00 |
+---------+------+-----------+------+----------+------+
|Colusa |$6.00 |Mono |$4.00 |Shasta |$3.50 |
|Colusa |$0.66 |Mono |$2.09 |Shasta |$3.50 |
+---------+------+-----------+------+----------+------+
|Contra | | | | | |
|Costa |$5.00 |Monterey |$5.00 |Sierra |$7.00 |
|Costa |$1.72 |Monterey |$2.00 |Sierra |$0.00 |
+---------+------+-----------+------+----------+------+
|Del Norte|$7.00 |Napa |$3.00 |Siskiyou |$5.00 |
| | | | | |$5.00 |
|Del Norte|$0.00 |Napa |$4.00 |Siskiyou |$1.98 |
+---------+------+-----------+------+----------+------+
|El Dorado|$5.00 |Nevada |$4.75 |Solano |$5.00 |
|El Dorado|$2.00 |Nevada |$2.25 |Solano |$2.00 |
+---------+------+-----------+------+----------+------+
|Fresno |$7.00 |Orange |$5.29 |Sonoma |$5.00 |
|Fresno |$0.00 |Orange |$1.61 |Sonoma |$1.97 |
+---------+------+-----------+------+----------+------+
|Glenn |$4.00 |Placer |$4.75 |Stanislaus|$5.00 |
|Glenn |$3.00 |Placer |$2.25 |Stanislaus|$2.00 |
+---------+------+-----------+------+----------+------+
|Humboldt |$5.00 |Plumas |$7.00 |Sutter |$6.00 |
|Humboldt |$1.82 |Plumas |$0.00 |Sutter |$1.00 |
+---------+------+-----------+------+----------+------+
|Imperial |$6.00 |Riverside |$4.60 |Tehama |$7.00 |
|Imperial |$1.00 |Riverside |$2.03 |Tehama |$0.00 |
+---------+------+-----------+------+----------+------+
|Inyo |$4.00 |Sacramento |$5.00 |Trinity |$4.50 |
|Inyo |$3.00 |Sacramento |$2.00 |Trinity |$0.00 |
+---------+------+-----------+------+----------+------+
|Kern |$7.00 |San Benito |$5.00 |Tulare |$5.00 |
|Kern |$0.00 |San Benito |$1.85 |Tulare |$2.00 |
+---------+------+-----------+------+----------+------+
| | |San | | | |
|Kings |$7.00 |Bernardino |$5.00 |Tuolumne |$7.00 |
|Kings |$0.00 |Bernardino |$1.95 |Tuolumne |$0.00 |
+---------+------+-----------+------+----------+------+
|Lake |$7.00 |San Diego |$7.00 |Ventura |$5.00 |
|Lake |$0.00 |San Diego |$0.00 |Ventura |$1.69 |
+---------+------+-----------+------+----------+------+
| | |San | | | |
|Lassen |$2.00 |Francisco |$6.99 |Yolo |$7.00 |
|Lassen |$1.69 |Francisco |$0.01 |Yolo |$0.00 |
+---------+------+-----------+------+----------+------+
|Los | | | | | |
|Angeles |$5.00 |San Joaquin|$3.75 |Yuba |$3.00 |
|Angeles |$2.00 |San Joaquin|$3.25 |Yuba |$4.00 |
+---------+------+-----------+------+----------+------+
|Madera |$ 7 0 .00 | |
| | |
+---------+------+-----------+------+----------+------+
SEC. 3. Section 1463.001 of the Penal Code is amended to read:
1463.001. Except as otherwise provided in this section, all fines
and forfeitures imposed and collected for crimes other than parking
offenses resulting from a filing in a court shall as soon as
practicable after receipt thereof, be deposited with the county
treasurer, and each month the total fines and forfeitures
which that have accumulated within the past
month shall be distributed, as follows:
(a) The state penalties, county penalties, special penalties,
service charges, and penalty allocations shall be transferred to the
proper funds as required by law.
(b) The base fines shall be distributed, as follows:
(1) Any base fines which are subject to specific distribution
under any other section shall be distributed to the specified funds
of the state or local agency.
(2) Base fines resulting from county arrest not included in
paragraph (1), shall be transferred into the proper funds of the
county.
(3) Base fines resulting from city arrests not included in
paragraph (1), an amount equal to the applicable county percentages
set forth in Section 1463.002, as modified by Section 1463.28, shall
be transferred into the proper funds of the county. Until July 1,
1998, the remainder of base fines resulting from city arrests shall
be divided between each city and county, with 50 percent deposited to
the county's general fund, and 50 percent deposited to the treasury
of the appropriate city, and thereafter the remainder of base fines
resulting from city arrests shall be deposited to the treasury of the
appropriate city.
(4) In a county that had an agreement as of March 22, 1977, that
provides for city fines and forfeitures to accrue to the county in
exchange for sales tax receipts, base fines resulting from city
arrests not included in paragraph (1) shall be deposited into the
proper funds of the county.
(c) Notwithstanding any other law, each superior court may deposit
the fines and forfeitures that it collects into its Trial Court
Operations Fund, instead of depositing the total amount with the
county treasurer. In that case, the superior court shall make the
distributions required in subdivision (a).
(c)
(d) Each superior court and county shall
keep a record of its deposits to its treasury and
its transmittal to each city treasury
transmittals pursuant to this section.
(d)
(e) The distribution specified in subdivision (b)
applies to all funds subject thereto distributed on or after July 1,
1992, regardless of whether the court has elected to allocate and
distribute funds pursuant to Section 1464.8.
(e)
(f) Any amounts remitted to the county or the
court from amounts collected by the Franchise Tax Board upon
referral by a county pursuant to Article 6
5.5 (commencing with Section 19280) of Chapter 5 of Part 10.2
of Division 2 of the Revenue and Taxation Code shall be allocated
pursuant to this section.
SEC. 4. Section 19210 of the Public Contract Code is amended to
read:
19210. (a) Commencing not earlier than July 1, 2011, and not
later than December 15, 2012, the State Auditor shall establish a
pilot program to audit six trial courts. That entity shall select the
trial courts using the following criteria:
(1) Two trial courts selected from counties with a population of
200,000 or less.
(2) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
(3) Two trial courts selected from counties with a population of
750,000 or greater.
The audits shall assess the implementation of this part by the
judicial branch.
(b) Based on the results of the pilot program audits described in
subdivision (a), the State Auditor shall, on or before December 15,
2013, commence an audit of the trial courts, provided that every
trial court is audited in the manner prescribed by this section at
least once every four years. The audits shall assess the
implementation of this part by the judicial branch. The audits
required by this paragraph shall be in addition to any audit
regularly conducted pursuant to any other provision of law.
(c) Notwithstanding Section 10231.5 of the Government Code, the
State Auditor shall compile the trial court audit findings and report
the results of these audits to the Legislature, the Judicial
Council, and the Department of Finance no later than April 1 of each
year. An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
(d) The reasonable and necessary contracted cost of the audits
conducted pursuant to this section shall be paid from funds of the
local trial court being audited.
(e) (1) On or before December 15, 2013, and biennially thereafter,
the State Auditor shall perform an audit of the Administrative
Office of the Courts, the Habeas Corpus Resource Center, and the
appellate courts to assess their implementation of this part.
(2) The State Auditor shall provide a copy of the final audit
report of the Administrative Office of the Courts to the Legislature,
the Judicial Council, and the Department of Finance upon issuance.
An audit report shall not be considered final until the audited
entity is provided a reasonable opportunity to respond and the
response is included with, or incorporated into, the report.
(3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
(f) The State Auditor shall conduct the audits required pursuant
to this section in accordance with Chapter 6.5 (commencing with
Section 8543) of Division 1 of Title 2 of the Government Code.
(g) If the State Auditor is selected as the auditing entity
pursuant to subdivision (j) of Section 77206 of the Government Code,
then the State Auditor may combine the results of any audit of a
trial court conducted pursuant to that section with an audit of the
same trial court conducted pursuant to this section. The State
Auditor may also combine the results of an audit of the
Administrative Office of the Courts pursuant to Section 77206 of the
Government Code with the results of an audit of the Administrative
Office of the Courts pursuant to this section.
(h) A report submitted pursuant to this section shall be submitted
in compliance with Section 9795 of the Government Code.
(i) The requirements of this section shall be suspended until an
appropriation is made by the Legislature expressly for this purpose.