Amended in Assembly April 23, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1293


Introduced by Assembly Member Bloom

February 22, 2013


An actbegin delete to amend Sections 70375 and 76000 of, andend delete to add Section 70662begin delete to,end deletebegin insert toend insert the Government Code,begin delete to amend Sections 817, 1305, and 1463.001 of the Penal Code, and to amend Section 19210 of the Public Contract Code,end delete relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1293, as amended, Bloom. Courts.

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(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.

end delete
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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.

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(2) The

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begin insert Theend insert 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.

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.

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(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.

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

end delete
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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.

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(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.

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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.

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(5) 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.

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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.

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(6) 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.

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

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

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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.

end delete
P4    1

begin deleteSEC. 2.end delete
2begin insertSECTION 1.end insert  

Section 70662 is added to the Government Code,
3to read:

4

70662.  

The filing fee for a request for special notice pursuant
5to Sections 1250, 2700, and 17204 of the Probate Code is forty
6dollars ($40). This fee shall be in addition to any other fee charged
7for a paper filed concurrently with a request for special notice.

begin delete
8

SEC. 3.  

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 the seven-dollar ($7) additional
2penalty authorized by subdivision (a) that is set forth in the chart
3below shall be transmitted to the State Court Facilities Construction
4 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

$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 

    
P6   27

 

28

SEC. 4.  

Section 817 of the Penal Code is amended to read:

29

817.  

(a) (1) When a declaration of probable cause is made by
30a peace officer of this state, in accordance with subdivision (b) or
31(c), the magistrate, if, and only if, satisfied from the declaration
32that there exists probable cause that the offense described in the
33declaration has been committed and that the defendant described
34therein has committed the offense, shall issue a warrant of probable
35cause for the arrest of the defendant.

36(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    1(b) The declaration in support of the warrant of probable cause
2for arrest shall be a sworn statement made in writing.

3(c) In lieu of the written declaration required in subdivision (b),
4the magistrate may take an oral statement under oath under one of
5the following conditions:

6(1) The oath shall be taken under penalty of perjury and recorded
7and transcribed. The transcribed statement shall be deemed to be
8the declaration for the purposes of this section. The recording of
9the sworn oral statement and the transcribed statement shall be
10certified by the magistrate receiving it and shall be filed with the
11clerk of the court. In the alternative, the sworn oral statement may
12be recorded by a certified court reporter who shall certify the
13transcript of the statement, after which the magistrate receiving it
14shall certify the transcript, which shall be filed with the clerk of
15the court.

16(2) The oath is made using telephone and facsimile transmission
17equipment, or made using telephone and electronic mail, or
18telephone and computer server, under all of the following
19conditions:

20(A) The oath is made during a telephone conversation with the
21magistrate, after which the declarant shall sign his or her
22declaration in support of the warrant of probable cause for arrest.
23The declarant’s signature shall be in the form of a digital signature
24 or electronic signature if electronic mail or computer server is used
25for transmission to the magistrate. The proposed warrant and all
26supporting declarations and attachments shall then be transmitted
27to the magistrate utilizing facsimile transmission equipment,
28electronic mail, or computer server.

29(B) The magistrate shall confirm with the declarant the receipt
30of the warrant and the supporting declarations and attachments.
31The magistrate shall verify that all the pages sent have been
32received, that all pages are legible, and that the declarant’s
33signature, digital signature, or electronic signature is acknowledged
34as genuine.

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

36(i) Sign the warrant. The magistrate’s signature may be in the
37form of a digital signature or electronic signature if electronic mail
38or computer server is used for transmission to the magistrate.

39(ii) Note on the warrant the exact date and time of the issuance
40of the warrant.

P8    1(iii) Indicate on the warrant that the oath of the declarant was
2administered orally over the telephone.

3The completed warrant, as signed by the magistrate, shall be
4deemed to be the original warrant.

5(D) The magistrate shall transmit via facsimile transmission
6equipment, electronic mail, or computer server, the signed warrant
7to the declarant who shall telephonically acknowledge its receipt.
8The magistrate shall then telephonically authorize the declarant to
9write the words “duplicate original” on the copy of the completed
10warrant transmitted to the declarant and this document shall be
11deemed to be a duplicate original warrant.

12(d) Before issuing a warrant, the magistrate may examine under
13oath the person seeking the warrant and any witness the person
14may produce, take the written declaration of the person or witness,
15and cause the person or witness to subscribe the declaration.

16(e) A warrant of probable cause for arrest shall contain the
17information required pursuant to Sections 815 and 815a.

18(f) A warrant of probable cause for arrest may be in substantially
19the following form:


20

 

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    4

 

5(g) An original warrant of probable cause for arrest or the
6duplicate original warrant of probable cause for arrest shall be
7sufficient for booking a defendant into custody.

8(h) Once the defendant named in the warrant of probable cause
9for arrest has been taken into custody, the agency which obtained
10the warrant shall file a “certificate of service” with the clerk of the
11issuing court. The certificate of service shall contain all of the
12following:

13(1) The date and time of service.

14(2) The name of the defendant arrested.

15(3) The location of the arrest.

16(4) The location where the defendant was incarcerated.

17

SEC. 5.  

Section 1305 of the Penal Code is amended to read:

18

1305.  

(a) A court shall in open court declare forfeited the
19undertaking of bail or the money or property deposited as bail if,
20without sufficient excuse, a defendant fails to appear for any of
21the following:

22(1) Arraignment.

23(2) Trial.

24(3) Judgment.

25(4) Any other occasion prior to the pronouncement of judgment
26if the defendant’s presence in court is lawfully required.

27(5) To surrender himself or herself in execution of the judgment
28after appeal.

29However, the court shall not have jurisdiction to declare a
30forfeiture and the bail shall be released of all obligations under the
31bond if the case is dismissed or if no complaint is filed within 15
32days from the date of arraignment.

33(b) If the amount of the bond or money or property deposited
34exceeds four hundred dollars ($400), the clerk of the court shall,
35within 30 days of the forfeiture, mail notice of the forfeiture to the
36surety or the depositor of money posted instead of bail. At the
37same time, the court shall mail a copy of the forfeiture notice to
38the bail agent whose name appears on the bond. The clerk shall
39also execute a certificate of mailing of the forfeiture notice and
40shall place the certificate in the court’s file. If the notice of
P10   1forfeiture is required to be mailed pursuant to this section, the
2180-day period provided for in this section shall be extended by
3a period of five days to allow for the mailing.

4If the surety is an authorized corporate surety, and if the bond
5plainly displays the mailing address of the corporate surety and
6the bail agent, then notice of the forfeiture shall be mailed to the
7surety at that address and to the bail agent, and mailing alone to
8the surety or the bail agent shall not constitute compliance with
9this section.

10The surety or depositor shall be released of all obligations under
11the bond if any of the following conditions apply:

12(1) The clerk fails to mail the notice of forfeiture in accordance
13with this section within 30 days after the entry of the forfeiture.

14(2) The clerk fails to mail the notice of forfeiture to the surety
15at the address printed on the bond.

16(3) The clerk fails to mail a copy of the notice of forfeiture to
17the bail agent at the address shown on the bond.

18(c) (1) If the defendant appears either voluntarily or in custody
19after surrender or arrest in court within 180 days of the date of
20forfeiture or within 180 days of the date of mailing of the notice
21if the notice is required under subdivision (b), the court shall, on
22its own motion at the time the defendant first appears in court on
23the case in which the forfeiture was entered, direct the order of
24forfeiture to be vacated and the bond exonerated. If the court fails
25to so act on its own motion, then the surety’s or depositor’s
26obligations under the bond shall be immediately vacated and the
27bond exonerated. An order vacating the forfeiture and exonerating
28the bond may be made on terms that are just and do not exceed
29the terms imposed in similar situations with respect to other forms
30of pretrial release.

31(2) If, within the county where the case is located, the defendant
32is surrendered to custody by the bail or is arrested in the underlying
33case within the 180-day period, and is subsequently released from
34custody prior to an appearance in court, the court shall, on its own
35motion, direct the order of forfeiture to be vacated and the bond
36exonerated. If the court fails to so act on its own motion, then the
37surety’s or depositor’s obligations under the bond shall be
38immediately vacated and the bond exonerated. An order vacating
39the forfeiture and exonerating the bond may be made on terms that
P11   1are just and do not exceed the terms imposed in similar situations
2with respect to other forms of pretrial release.

3(3) If, outside the county where the case is located, the defendant
4is surrendered to custody by the bail or is arrested in the underlying
5case within the 180-day period, the court shall vacate the forfeiture
6and exonerate the bail.

7(4) (A) In lieu of exonerating the bond, the court may order the
8bail reinstated and the defendant released on the same bond if both
9of the following conditions are met:

10(i) The bail is given prior notice of the reinstatement.

11(ii) The bail has not surrendered the defendant.

12(B) The court may require payment of an administrative fee of
13sixty-five dollars ($65) payable to the court for reinstatement of a
14bail bond to cover the costs of the process.

15(d) In the case of a permanent disability, the court shall direct
16the order of forfeiture to be vacated and the bail or money or
17property deposited as bail exonerated if, within 180 days of the
18date of forfeiture or within 180 days of the date of mailing of the
19notice, if notice is required under subdivision (b), it is made
20apparent to the satisfaction of the court that both of the following
21conditions are met:

22(1) The defendant is deceased or otherwise permanently unable
23to appear in the court due to illness, insanity, or detention by
24military or civil authorities.

25(2) The absence of the defendant is without the connivance of
26the bail.

27(e) In the case of a temporary disability, the court shall order
28the tolling of the 180-day period provided in this section during
29the period of temporary disability, provided that it appears to the
30satisfaction of the court that the following conditions are met:

31(1) The defendant is temporarily disabled by reason of illness,
32insanity, or detention by military or civil authorities.

33(2) Based upon the temporary disability, the defendant is unable
34to appear in court during the remainder of the 180-day period.

35(3) The absence of the defendant is without the connivance of
36the bail.

37The period of the tolling shall be extended for a reasonable period
38of time, at the discretion of the court, after the cessation of the
39disability to allow for the return of the defendant to the jurisdiction
40of the court.

P12   1(f) In all cases where a defendant is in custody beyond the
2jurisdiction of the court that ordered the bail forfeited, and the
3prosecuting agency elects not to seek extradition after being
4informed of the location of the defendant, the court shall vacate
5the forfeiture and exonerate the bond on terms that are just and do
6not exceed the terms imposed in similar situations with respect to
7other forms of pretrial release.

8(g) In all cases of forfeiture where a defendant is not in custody
9and is beyond the jurisdiction of the state, is temporarily detained,
10by the bail agent, in the presence of a local law enforcement officer
11of the jurisdiction in which the defendant is located, and is
12positively identified by that law enforcement officer as the wanted
13defendant in an affidavit signed under penalty of perjury, and the
14prosecuting agency elects not to seek extradition after being
15informed of the location of the defendant, the court shall vacate
16the forfeiture and exonerate the bond on terms that are just and do
17not exceed the terms imposed in similar situations with respect to
18other forms of pretrial release.

19(h) In cases arising under subdivision (g), if the bail agent and
20the prosecuting agency agree that additional time is needed to
21return the defendant to the jurisdiction of the court, and the
22 prosecuting agency agrees to the tolling of the 180-day period, the
23court may, on the basis of the agreement, toll the 180-day period
24within which to vacate the forfeiture. The court may order tolling
25for up to the length of time agreed upon by the parties.

26(i) As used in this section, “arrest” includes a hold placed on
27the defendant in the underlying case while he or she is in custody
28on other charges.

29(j) A motion filed in a timely manner within the 180-day period
30may be heard within 30 days of the expiration of the 180-day
31period. The court may extend the 30-day period upon a showing
32of good cause. The motion may be made by the surety insurer, the
33bail agent, the surety, or the depositor of money or property, any
34of whom may appear in person or through an attorney.

35(k) In addition to any other notice required by law, the moving
36party shall give the prosecuting agency a written notice at least 10
37court days before a hearing held pursuant to subdivision (f), (g),
38or (j), as a condition precedent to granting the motion.

39

SEC. 6.  

Section 1463.001 of the Penal Code is amended to
40read:

P13   1

1463.001.  

Except as otherwise provided in this section, all
2fines and forfeitures imposed and collected for crimes other than
3parking offenses resulting from a filing in a court shall as soon as
4practicable after receipt thereof, be deposited with the county
5treasurer, and each month the total fines and forfeitures that have
6accumulated within the past month shall be distributed, as follows:

7(a) The state penalties, county penalties, special penalties,
8service charges, and penalty allocations shall be transferred to the
9proper funds as required by law.

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

11(1) Any base fines which are subject to specific distribution
12under any other section shall be distributed to the specified funds
13of the state or local agency.

14(2) Base fines resulting from county arrest not included in
15paragraph (1), shall be transferred into the proper funds of the
16county.

17(3) Base fines resulting from city arrests not included in
18paragraph (1), an amount equal to the applicable county
19percentages set forth in Section 1463.002, as modified by Section
201463.28, shall be transferred into the proper funds of the county.
21Until July 1, 1998, the remainder of base fines resulting from city
22arrests shall be divided between each city and county, with 50
23percent deposited to the county’s general fund, and 50 percent
24deposited to the treasury of the appropriate city, and thereafter the
25remainder of base fines resulting from city arrests shall be
26deposited to the treasury of the appropriate city.

27(4) In a county that had an agreement as of March 22, 1977,
28that provides for city fines and forfeitures to accrue to the county
29in exchange for sales tax receipts, base fines resulting from city
30arrests not included in paragraph (1) shall be deposited into the
31proper funds of the county.

32(c) Notwithstanding any other law, each superior court may
33deposit the fines and forfeitures that it collects into its Trial Court
34Operations Fund, instead of depositing the total amount with the
35county treasurer. In that case, the superior court shall make the
36distributions required in subdivision (a).

37(d) Each superior court and county shall keep a record of its
38deposits and its transmittals pursuant to this section.

39(e) The distribution specified in subdivision (b) applies to all
40funds subject thereto distributed on or after July 1, 1992, regardless
P14   1of whether the court has elected to allocate and distribute funds
2pursuant to Section 1464.8.

3(f) Any amounts remitted to the county or the court from
4amounts collected by the Franchise Tax Board upon referral by a
5county pursuant to Article 5.5 (commencing with Section 19280)
6of Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation
7Code shall be allocated pursuant to this section.

8

SEC. 7.  

Section 19210 of the Public Contract Code is amended
9to read:

10

19210.  

(a) Commencing not earlier than July 1, 2011, and not
11later than December 15, 2012, the State Auditor shall establish a
12pilot program to audit six trial courts. That entity shall select the
13trial courts using the following criteria:

14(1) Two trial courts selected from counties with a population
15of 200,000 or less.

16(2) Two trial courts selected from counties with a population
17greater than 200,000 and less than 750,000.

18(3) Two trial courts selected from counties with a population
19of 750,000 or greater.

20The audits shall assess the implementation of this part by the
21judicial branch.

22(b) Based on the results of the pilot program audits described
23in subdivision (a), the State Auditor shall, on or before December
2415, 2013, commence an audit of the trial courts, provided that
25every trial court is audited in the manner prescribed by this section
26at least once every four years. The audits shall assess the
27implementation of this part by the judicial branch. The audits
28required by this paragraph shall be in addition to any audit regularly
29conducted pursuant to any other provision of law.

30(c) Notwithstanding Section 10231.5 of the Government Code,
31the State Auditor shall compile the trial court audit findings and
32report the results of these audits to the Legislature, the Judicial
33Council, and the Department of Finance no later than April 1 of
34each year. An audit report shall not be considered final until the
35audited entity is provided a reasonable opportunity to respond and
36the response is included with, or incorporated into, the report.

37(d) The reasonable and necessary contracted cost of the audits
38conducted pursuant to this section shall be paid from funds of the
39local trial court being audited.

P15   1(e) (1) On or before December 15, 2013, and biennially
2thereafter, the State Auditor shall perform an audit of the
3Administrative Office of the Courts, the Habeas Corpus Resource
4Center, and the appellate courts to assess their implementation of
5this part.

6(2) The State Auditor shall provide a copy of the final audit
7report of the Administrative Office of the Courts to the Legislature,
8the Judicial Council, and the Department of Finance upon issuance.
9An audit report shall not be considered final until the audited entity
10is provided a reasonable opportunity to respond and the response
11is included with, or incorporated into, the report.

12(3) Any reasonable and necessary contracted costs incurred by
13the auditing entity pursuant to this subdivision shall be reimbursed
14by the Administrative Office of the Courts.

15(f) The State Auditor shall conduct the audits required pursuant
16to this section in accordance with Chapter 6.5 (commencing with
17Section 8543) of Division 1 of Title 2 of the Government Code.

18(g) If the State Auditor is selected as the auditing entity pursuant
19to subdivision (j) of Section 77206 of the Government Code, then
20the State Auditor may combine the results of any audit of a trial
21court conducted pursuant to that section with an audit of the same
22trial court conducted pursuant to this section. The State Auditor
23may also combine the results of an audit of the Administrative
24Office of the Courts pursuant to Section 77206 of the Government
25Code with the results of an audit of the Administrative Office of
26the Courts pursuant to this section.

27(h) A report submitted pursuant to this section shall be submitted
28in compliance with Section 9795 of the Government Code.

29(i) The requirements of this section shall be suspended until an
30appropriation is made by the Legislature expressly for this purpose.

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