Amended in Assembly April 1, 2013

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 ofbegin insert, and to add Section 70662 to,end insert the Government Code, to amendbegin delete Sectionend deletebegin insert Sections 817, 1305, andend insert 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 amended, 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.

begin insert

(2) The Uniform Civil Fees and Standard Fee Schedule Act of 2005 establishes a uniform schedule of filing fees and other civil fees for the superior courts throughout the state. The act establishes certain uniform filing fees for probate proceedings, including, among others, the first petition for letters of administration or letters testamentary.

end insert
begin insert

This bill would establish a filing fee of $40 for a request for special notice, as specified, and would require that this fee be in addition to any other fee charged for a paper filed concurrently with a request for special notice.

end insert
begin insert

(3) Existing law requires that a declaration in support of the warrant of probable cause for arrest be a sworn statement made in writing. Existing law also authorizes the magistrate to take an oral statement under oath under specified conditions that provide for the use of facsimile transmission equipment or electronic mail if certain conditions are met, including, but not limited to, the inclusion of the declarant’s digital signature.

end insert
begin insert

This bill would specify that the declaration may be made by telephone and computer server and that the signature may be an electronic signature, and would make conforming changes.

end insert
begin insert

Existing law requires the magistrate to print related electronic documents and sign the warrant if the warrant is granted.

end insert
begin insert

This bill would delete the requirement that these documents be printed and would specify that the magistrate’s signature may be in the form of an electronic signature.

end insert
begin insert

(4) Existing law sets forth conditions procedures for the court to declare the forfeiture of a bail bond and for reinstatement of a forfeited bail bond.

end insert
begin insert

This bill would authorize the court to require payment of an administrative fee of $65 payable to the court for reinstatement of a forfeited bail bond to cover the costs of the process.

end insert
begin delete

(2)

end delete

begin insert(5)end insert 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.

begin delete

(3)

end delete

begin insert(6)end insert 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:

P3    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:

13(1) A filing fee surcharge in the County of Riverside established
14pursuant to Section 70622.

15(2) A filing fee surcharge in the County of San Bernardino
16established pursuant to Section 70624.

17(3) A filing fee surcharge in the City and County of San
18Francisco established pursuant to Section 70625.

19(c) For purposes of subdivision (c), the term “proportionally”
20means that proportion of the fee or surcharge that shall expire upon
21the transfer of responsibility for a facility that is the same
22proportion as the square footage that facility bears to the total
23square footage of court facilities in that county.

P4    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 70662 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
2read:end insert

begin insert
3

begin insert70662.end insert  

The filing fee for a request for special notice pursuant
4to Sections 1250, 2700, and 17204 of the Probate Code is forty
5dollars ($40). This fee shall be in addition to any other fee charged
6for a paper filed concurrently with a request for special notice.

end insert
7

begin deleteSEC. 2.end delete
8begin insertSEC. 3.end insert  

Section 76000 of the Government Code is amended
9to read:

10

76000.  

(a) (1) In each county there shall be levied an
11additional penalty in the amount of seven dollars ($7) for every
12ten dollars ($10), or part of ten dollars ($10), upon every fine,
13penalty, or forfeiture imposed and collected by the courts for all
14criminal offenses, including all offenses involving a violation of
15the Vehicle Code or any local ordinance adopted pursuant to the
16Vehicle Code.

17(2) This additional penalty shall be collected together with and
18in the same manner as the amounts established by Section 1464
19of the Penal Code. These moneys shall be taken from fines and
20forfeitures deposited with the county treasurer prior to any division
21pursuant to Section 1463 of the Penal Code. Except as provided
22in subdivision (e), the county treasurer shall deposit those amounts
23specified by the board of supervisors by resolution in one or more
24of the funds established pursuant to this chapter. However, deposits
25to these funds shall continue through whatever period of time is
26necessary to repay any borrowings made by the county on or before
27January 1, 1991, to pay for construction provided for in this
28chapter.

29(3) This additional penalty does not apply to the following:

30(A) Any restitution fine.

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

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

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

37(b) In each authorized county, if the board of supervisors has
38adopted a resolution stating that the implementation of this
39subdivision is necessary to the county for the purposes authorized,
40with respect to each authorized fund established pursuant to Section
P5    176100 or 76101, for every parking offense where a parking penalty,
2fine, or forfeiture is imposed, an added penalty of two dollars and
3fifty cents ($2.50) shall be included in the total penalty, fine, or
4forfeiture. Except as provided in subdivision (c), for each parking
5case collected in the courts of the county, the county treasurer shall
6place in each authorized fund two dollars and fifty cents ($2.50).
7These moneys shall be taken from fines and forfeitures deposited
8with the county treasurer prior to any division pursuant to Section
91463.009 of the Penal Code. The judges of the county shall increase
10the bail schedule amounts as appropriate to reflect the added
11penalty provided for by this section. In those cities, districts, or
12other issuing agencies which elect to accept parking penalties, and
13otherwise process parking violations pursuant to Article 3
14(commencing with Section 40200) of Chapter 1 of Division 17 of
15the Vehicle Code, that city, district, or issuing agency shall observe
16the increased bail amounts as established by the court reflecting
17the added penalty provided for by this section. Each agency that
18elects to process parking violations shall pay to the county treasurer
19two dollars and fifty cents ($2.50) for each fund for each parking
20penalty collected on each violation which is not filed in court.
21Those payments to the county treasurer shall be made monthly,
22and the county treasurer shall deposit all those sums in the
23authorized fund. An issuing agency shall not be required to
24contribute revenues to any fund in excess of those revenues
25generated from the surcharges established in the resolution adopted
26pursuant to this chapter, except as otherwise agreed upon by the
27local governmental entities involved.

28(c) The county treasurer shall deposit one dollar ($1) of every
29two dollars and fifty cents ($2.50) collected pursuant to subdivision
30(b) into the general fund of the county.

31(d) The authority to impose the two-dollar-and-fifty-cent ($2.50)
32penalty authorized by subdivision (b) shall be reduced to one dollar
33($1) as of the date of transfer of responsibility for facilities from
34the county to the Judicial Council pursuant to Article 3
35(commencing with Section 70321) of Chapter 5.7, except as money
36is needed to pay for construction provided for in Section 76100
37and undertaken prior to the transfer of responsibility for facilities
38from the county to the Judicial Council.

39(e) After money in the local courthouse construction fund,
40established by Section 76100, is transferred to the state under
P6    1Section 70402, the amount of thebegin delete seven- dollarend deletebegin insert seven-dollarend insert ($7)
2additional penalty authorized by subdivision (a) that is set forth in
3the chart below shall be transmitted to the State Court Facilities
4Construction Fund to be used for maintenance of court facilities.


5

 

Alameda

$1.65 

Marin

$0.00 

San Luis Obispo

$2.00 

Alpine

$0.00 

Mariposa

$0.00 

San Mateo

$2.25 

Amador

$2.00 

Mendocino

$0.00 

Santa Barbara

$2.52 

Butte

$0.00 

Merced

$2.25 

Santa Clara

$1.50 

Calaveras

$4.00 

Modoc

$0.00 

Santa Cruz

$0.00 

Colusa

$0.66 

Mono

$2.09 

Shasta

$3.50 

Contra Costa

$1.72 

Monterey

$2.00 

Sierra

$0.00 

Del Norte

$0.00 

Napa

$4.00 

Siskiyou

begin delete

$5.00 

end delete

$1.98 

El Dorado

$2.00 

Nevada

$2.25 

Solano

$2.00 

Fresno

$0.00 

Orange

$1.61 

Sonoma

$1.97 

Glenn

$3.00 

Placer

$2.25 

Stanislaus

$2.00 

Humboldt

$1.82 

Plumas

$0.00 

Sutter

$1.00 

Imperial

$1.00 

Riverside

$2.03 

Tehama

$0.00 

Inyo

$3.00 

Sacramento

$2.00 

Trinity

$0.00 

Kern

$0.00 

San Benito

$1.85 

Tulare

$2.00 

Kings

$0.00 

San Bernardino

$1.95 

Tuolumne

$0.00 

Lake

$0.00 

San Diego

$0.00 

Ventura

$1.69 

Lassen

$1.69 

San Francisco

$0.01 

Yolo

$0.00 

Los Angeles

$2.00 

San Joaquin

$3.25 

Yuba

$4.00 

Madera

$0.00 

begin delete

   

end delete
begin delete

   

end delete
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end delete
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end delete
P6   28

 

29begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 817 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

30

817.  

(a) (1) When a declaration of probable cause is made by
31a peace officer of this state, in accordance with subdivision (b) or
32(c), the magistrate, if, and only if, satisfied from the declaration
33that there exists probable cause that the offense described in the
34declaration has been committed and that the defendant described
35therein has committed the offense, shall issue a warrant of probable
36cause for the arrest of the defendant.

37(2) The warrant of probable cause for arrest shall not begin a complaint process pursuant to Section 740 or 813. The warrant of probable cause for arrest shall have the same authority for service as set forth in Section 840 and the same time limitations as that of an arrest warrant issued pursuant to Section 813.

P7    3(b) The declaration in support of the warrant of probable cause
4for arrest shall be a sworn statement made in writing.

5(c) In lieu of the written declaration required in subdivision (b),
6the magistrate may take an oral statement under oath underbegin delete eitherend delete
7begin insert oneend insert of the following conditions:

8(1) The oath shall be taken under penalty of perjury and recorded
9and transcribed. The transcribed statement shall be deemed to be
10the declaration for the purposes of this section. The recording of
11the sworn oral statement and the transcribed statement shall be
12certified by the magistrate receiving it and shall be filed with the
13clerk of the court. In the alternative, the sworn oral statement may
14be recorded by a certified court reporter who shall certify the
15transcript of the statement, after which the magistrate receiving it
16shall certify the transcript, which shall be filed with the clerk of
17the court.

18(2) The oath is made using telephone and facsimile transmission
19equipment, or made using telephone and electronic mail,begin insert or
20telephone and computer server,end insert
under all of the following
21conditions:

22(A) The oath is made during a telephone conversation with the
23magistrate, after which the declarant shall sign his or her
24declaration in support of the warrant of probable cause for arrest.
25The declarant’s signature shall be in the form of a digital signature
26begin insert or electronic signatureend insert if electronic mailbegin insert or computer serverend insert is
27used for transmission to the magistrate. The proposed warrant and
28all supporting declarations and attachments shall then be
29transmitted to the magistrate utilizing facsimile transmission
30equipmentbegin delete orend deletebegin insert,end insert electronic mailbegin insert, or computer serverend insert.

31(B) The magistrate shall confirm with the declarant the receipt
32of the warrant and the supporting declarations and attachments.
33The magistrate shall verify that all the pages sent have been
34received, that all pages are legible, and that the declarant’s
35signature,begin delete orend delete digital signature,begin insert or electronic signatureend insert is
36acknowledged as genuine.

37(C) If the magistrate decides to issue the warrant, he or she shall:

begin delete

38(i) Cause the warrant, supporting declarations, and attachments,
39to be printed if received by electronic mail.

end delete
begin delete

40(ii)

end delete

P8    1begin insert(i)end insert Sign the warrant.begin insert The magistrate’s signature may be in the
2form of a digital signature or electronic signature if electronic
3mail or computer server is used for transmission to the magistrate.end insert

begin delete

4(iii)

end delete

5begin insert(ii)end insert Note on the warrant the exact date and time of the issuance
6of the warrant.

begin delete

7(iv)

end delete

8begin insert(iii)end insert Indicate on the warrant that the oath of the declarant was
9administered orally over the telephone.

10The completed warrant, as signed by the magistrate, shall be
11deemed to be the original warrant.

12(D) The magistrate shall transmit via facsimile transmission
13equipment,begin delete or viaend delete electronic mail,begin insert or computer server,end insert the signed
14warrant to the declarant who shall telephonically acknowledge its
15receipt. The magistrate shall then telephonically authorize the
16declarant to write the words “duplicate original” on the copy of
17the completed warrant transmitted to the declarant and this
18document shall be deemed to be a duplicate original warrant.

19(d) Before issuing a warrant, the magistrate may examine under
20oath the person seeking the warrant and any witness the person
21may produce, take the written declaration of the person or witness,
22and cause the person or witness to subscribe the declaration.

23(e) A warrant of probable cause for arrest shall contain the
24information required pursuant to Sections 815 and 815a.

25(f) A warrant of probable cause for arrest may be in substantially
26the following form:


27

 

County of ______, State of California.

 

The people of the State of California to any peace officer of the STATE:

Proof by declaration under penalty of perjury having been made this day to me by    ,

(name of affiant)

 

I find that there is probable cause to believe that the crime(s)

of    

(designate the crime/s)

has (have) been committed by the defendant named and described below.

 

Therefore, you are commanded to arrest

    and to bring the defendant

(name of defendant)

before any magistrate in _______ County pursuant to Sections 821, 825, 826, and 848 of the Penal Code.

 

Defendant is admitted to bail in the amount of ______ dollars ($______).

 

Time Issued:   

   

(Signature of the Judge)

Dated:     Judge of the  ______ Court

P9   11

 

12(g) An original warrant of probable cause for arrest or the
13duplicate original warrant of probable cause for arrest shall be
14sufficient for booking a defendant into custody.

15(h) Once the defendant named in the warrant of probable cause
16for arrest has been taken into custody, the agency which obtained
17the warrant shall file a “certificate of service” with the clerk of the
18issuing court. The certificate of service shall contain all of the
19following:

20(1) The date and time of service.

21(2) The name of the defendant arrested.

22(3) The location of the arrest.

23(4) The location where the defendant was incarcerated.

24begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 1305 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

25

1305.  

(a) A court shall in open court declare forfeited the
26undertaking of bail or the money or property deposited as bail if,
27without sufficient excuse, a defendant fails to appear for any of
28the following:

29(1) Arraignment.

30(2) Trial.

31(3) Judgment.

32(4) Any other occasion prior to the pronouncement of judgment
33if the defendant’s presence in court is lawfully required.

34(5) To surrender himself or herself in execution of the judgment
35after appeal.

36However, the court shall not have jurisdiction to declare a
37forfeiture and the bail shall be released of all obligations under the
38bond if the case is dismissed or if no complaint is filed within 15
39days from the date of arraignment.

P10   1(b) If the amount of the bond or money or property deposited
2exceeds four hundred dollars ($400), the clerk of the court shall,
3within 30 days of the forfeiture, mail notice of the forfeiture to the
4surety or the depositor of money posted instead of bail. At the
5same time, the court shall mail a copy of the forfeiture notice to
6the bail agent whose name appears on the bond. The clerk shall
7also execute a certificate of mailing of the forfeiture notice and
8shall place the certificate in the court’s file. If the notice of
9forfeiture is required to be mailed pursuant to this section, the
10180-day period provided for in this section shall be extended by
11a period of five days to allow for the mailing.

12If the surety is an authorized corporate surety, and if the bond
13plainly displays the mailing address of the corporate surety and
14the bail agent, then notice of the forfeiture shall be mailed to the
15surety at that address and to the bail agent, and mailing alone to
16the surety or the bail agent shall not constitute compliance with
17this section.

18The surety or depositor shall be released of all obligations under
19the bond if any of the following conditions apply:

20(1) The clerk fails to mail the notice of forfeiture in accordance
21with this section within 30 days after the entry of the forfeiture.

22(2) The clerk fails to mail the notice of forfeiture to the surety
23at the address printed on the bond.

24(3) The clerk fails to mail a copy of the notice of forfeiture to
25the bail agent at the address shown on the bond.

26(c) (1) If the defendant appears either voluntarily or in custody
27after surrender or arrest in court within 180 days of the date of
28forfeiture or within 180 days of the date of mailing of the notice
29if the notice is required under subdivision (b), the court shall, on
30its own motion at the time the defendant first appears in court on
31the case in which the forfeiture was entered, direct the order of
32forfeiture to be vacated and the bond exonerated. If the court fails
33to so act on its own motion, then the surety’s or depositor’s
34obligations under the bond shall be immediately vacated and the
35bond exonerated. An order vacating the forfeiture and exonerating
36the bond may be made on terms that are just and do not exceed
37the terms imposed in similar situations with respect to other forms
38of pretrial release.

39(2) If, within the county where the case is located, the defendant
40is surrendered to custody by the bail or is arrested in the underlying
P11   1case within the 180-day period, and is subsequently released from
2custody prior to an appearance in court, the court shall, on its own
3motion, direct the order of forfeiture to be vacated and the bond
4exonerated. If the court fails to so act on its own motion, then the
5surety’s or depositor’s obligations under the bond shall be
6immediately vacated and the bond exonerated. An order vacating
7the forfeiture and exonerating the bond may be made on terms that
8are just and do not exceed the terms imposed in similar situations
9with respect to other forms of pretrial release.

10(3) If, outside the county where the case is located, the defendant
11is surrendered to custody by the bail or is arrested in the underlying
12case within the 180-day period, the court shall vacate the forfeiture
13and exonerate the bail.

14(4) begin insert(A)end insertbegin insertend insert In lieu of exonerating the bond, the court may order
15the bail reinstated and the defendant released on the same bond if
16both of the following conditions are met:

begin delete

17(A)

end delete

18begin insert(i)end insert The bail is given prior notice of the reinstatement.

begin delete

19(B)

end delete

20begin insert(ii)end insert The bail has not surrendered the defendant.

begin insert

21(B) The court may require payment of an administrative fee of
22sixty-five dollars ($65) payable to the court for reinstatement of
23a bail bond to cover the costs of the process.

end insert

24(d) In the case of a permanent disability, the court shall direct
25the order of forfeiture to be vacated and the bail or money or
26property deposited as bail exonerated if, within 180 days of the
27date of forfeiture or within 180 days of the date of mailing of the
28notice, if notice is required under subdivision (b), it is made
29apparent to the satisfaction of the court that both of the following
30conditions are met:

31(1) The defendant is deceased or otherwise permanently unable
32to appear in the court due to illness, insanity, or detention by
33military or civil authorities.

34(2) The absence of the defendant is without the connivance of
35the bail.

36(e) In the case of a temporary disability, the court shall order
37the tolling of the 180-day period provided in this section during
38the period of temporary disability, provided that it appears to the
39satisfaction of the court that the following conditions are met:

P12   1(1) The defendant is temporarily disabled by reason of illness,
2insanity, or detention by military or civil authorities.

3(2) Based upon the temporary disability, the defendant is unable
4to appear in court during the remainder of the 180-day period.

5(3) The absence of the defendant is without the connivance of
6the bail.

7The period of the tolling shall be extended for a reasonable period
8of time, at the discretion of the court, after the cessation of the
9disability to allow for the return of the defendant to the jurisdiction
10of the court.

11(f) In all cases where a defendant is in custody beyond the
12jurisdiction of the court that ordered the bail forfeited, and the
13prosecuting agency elects not to seek extradition after being
14informed of the location of the defendant, the court shall vacate
15the forfeiture and exonerate the bond on terms that are just and do
16not exceed the terms imposed in similar situations with respect to
17other forms of pretrial release.

18(g) In all cases of forfeiture where a defendant is not in custody
19and is beyond the jurisdiction of the state, is temporarily detained,
20by the bail agent, in the presence of a local law enforcement officer
21of the jurisdiction in which the defendant is located, and is
22positively identified by that law enforcement officer as the wanted
23defendant in an affidavit signed under penalty of perjury, and the
24prosecuting agency elects not to seek extradition after being
25informed of the location of the defendant, the court shall vacate
26the forfeiture and exonerate the bond on terms that are just and do
27not exceed the terms imposed in similar situations with respect to
28other forms of pretrial release.

29(h) In cases arising under subdivision (g), if the bail agent and
30the prosecuting agency agree that additional time is needed to
31return the defendant to the jurisdiction of the court, and the
32 prosecuting agency agrees to the tolling of the 180-day period, the
33court may, on the basis of the agreement, toll the 180-day period
34within which to vacate the forfeiture. The court may order tolling
35for up to the length of time agreed upon by the parties.

36(i) As used in this section, “arrest” includes a hold placed on
37the defendant in the underlying case while he or she is in custody
38on other charges.

39(j) A motion filed in a timely manner within the 180-day period
40may be heard within 30 days of the expiration of the 180-day
P13   1period. The court may extend the 30-day period upon a showing
2of good cause. The motion may be made by the surety insurer, the
3bail agent, the surety, or the depositor of money or property, any
4of whom may appear in person or through an attorney.

5(k) In addition to any other notice required by law, the moving
6party shall give the prosecuting agency a written notice at least 10
7court days before a hearing held pursuant to subdivision (f), (g),
8or (j), as a condition precedent to granting the motion.

9

begin deleteSEC. 3.end delete
10begin insertSEC. 6.end insert  

Section 1463.001 of the Penal Code is amended to
11read:

12

1463.001.  

Except as otherwise provided in this section, all
13fines and forfeitures imposed and collected for crimes other than
14parking offenses resulting from a filing in a court shall as soon as
15practicable after receipt thereof, be deposited with the county
16treasurer, and each month the total fines and forfeitures that have
17accumulated within the past month shall be distributed, as follows:

18(a) The state penalties, county penalties, special penalties,
19service charges, and penalty allocations shall be transferred to the
20proper funds as required by law.

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

22(1) Any base fines which are subject to specific distribution
23under any other section shall be distributed to the specified funds
24of the state or local agency.

25(2) Base fines resulting from county arrest not included in
26paragraph (1), shall be transferred into the proper funds of the
27county.

28(3) Base fines resulting from city arrests not included in
29paragraph (1), an amount equal to the applicable county
30percentages set forth in Section 1463.002, as modified by Section
311463.28, shall be transferred into the proper funds of the county.
32Until July 1, 1998, the remainder of base fines resulting from city
33arrests shall be divided between each city and county, with 50
34percent deposited to the county’s general fund, and 50 percent
35deposited to the treasury of the appropriate city, and thereafter the
36remainder of base fines resulting from city arrests shall be
37deposited to the treasury of the appropriate city.

38(4) In a county that had an agreement as of March 22, 1977,
39that provides for city fines and forfeitures to accrue to the county
40in exchange for sales tax receipts, base fines resulting from city
P14   1arrests not included in paragraph (1) shall be deposited into the
2proper funds of the county.

3(c) Notwithstanding any other law, each superior court may
4deposit the fines and forfeitures that it collects into its Trial Court
5Operations Fund, instead of depositing the total amount with the
6county treasurer. In that case, the superior court shall make the
7distributions required in subdivision (a).

8(d) Each superior court and county shall keep a record of its
9deposits and its transmittals pursuant to this section.

10(e) The distribution specified in subdivision (b) applies to all
11funds subject thereto distributed on or after July 1, 1992, regardless
12of whether the court has elected to allocate and distribute funds
13pursuant to Section 1464.8.

14(f) Any amounts remitted to the county or the court from
15amounts collected by the Franchise Tax Board upon referral by a
16county pursuant to Article 5.5 (commencing with Section 19280)
17of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation
18Code shall be allocated pursuant to this section.

19

begin deleteSEC. 4.end delete
20begin insertSEC. 7.end insert  

Section 19210 of the Public Contract Code is amended
21to read:

22

19210.  

(a) Commencing not earlier than July 1, 2011, and not
23later than December 15, 2012, the State Auditor shall establish a
24pilot program to audit six trial courts. That entity shall select the
25trial courts using the following criteria:

26(1) Two trial courts selected from counties with a population
27of 200,000 or less.

28(2) Two trial courts selected from counties with a population
29greater than 200,000 and less than 750,000.

30(3) Two trial courts selected from counties with a population
31of 750,000 or greater.

32The audits shall assess the implementation of this part by the
33judicial branch.

34(b) Based on the results of the pilot program audits described
35in subdivision (a), the State Auditor shall, on or before December
3615, 2013, commence an audit of the trial courts, provided that
37every trial court is audited in the manner prescribed by this section
38at least once every four years. The audits shall assess the
39implementation of this part by the judicial branch. The audits
P15   1required by this paragraph shall be in addition to any audit regularly
2conducted pursuant to any other provision of law.

3(c) Notwithstanding Section 10231.5 of the Government Code,
4the State Auditor shall compile the trial court audit findings and
5report the results of these audits to the Legislature, the Judicial
6Council, and the Department of Finance no later than April 1 of
7each year. An audit report shall not be considered final until the
8audited entity is provided a reasonable opportunity to respond and
9the response is included with, or incorporated into, the report.

10(d) The reasonable and necessary contracted cost of the audits
11conducted pursuant to this section shall be paid from funds of the
12local trial court being audited.

13(e) (1) On or before December 15, 2013, and biennially
14thereafter, the State Auditor shall perform an audit of the
15Administrative Office of the Courts, the Habeas Corpus Resource
16Center, and the appellate courts to assess their implementation of
17this part.

18(2) The State Auditor shall provide a copy of the final audit
19report of the Administrative Office of the Courts to the Legislature,
20the Judicial Council, and the Department of Finance upon issuance.
21An audit report shall not be considered final until the audited entity
22is provided a reasonable opportunity to respond and the response
23is included with, or incorporated into, the report.

24(3) Any reasonable and necessary contracted costs incurred by
25the auditing entity pursuant to this subdivision shall be reimbursed
26by the Administrative Office of the Courts.

27(f) The State Auditor shall conduct the audits required pursuant
28to this section in accordance with Chapter 6.5 (commencing with
29Section 8543) of Division 1 of Title 2 of the Government Code.

30(g) If the State Auditor is selected as the auditing entity pursuant
31to subdivision (j) of Section 77206 of the Government Code, then
32the State Auditor may combine the results of any audit of a trial
33court conducted pursuant to that section with an audit of the same
34trial court conducted pursuant to this section. The State Auditor
35may also combine the results of an audit of the Administrative
36Office of the Courts pursuant to Section 77206 of the Government
37Code with the results of an audit of the Administrative Office of
38the Courts pursuant to this section.

39(h) A report submitted pursuant to this section shall be submitted
40in compliance with Section 9795 of the Government Code.

P16   1(i) The requirements of this section shall be suspended until an
2appropriation is made by the Legislature expressly for this purpose.



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