BILL NUMBER: AB 1293 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 23, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Bloom
FEBRUARY 22, 2013
An act to amend Sections 70375 and 76000 of, and
to add Section 70662 to, to
the Government Code, to amend Sections 817, 1305, and
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.
(2) The
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.
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.
(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.
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.
Existing law requires the magistrate to print related electronic
documents and sign the warrant if the warrant is granted.
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.
(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.
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.
(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.
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.
(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.
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
no . 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) A filing fee surcharge in the County of Riverside established
pursuant to Section 70622.
(2) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 70624.
(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 1. Section 70662 is
added to the Government Code, to read:
70662. The filing fee for a request for special notice pursuant
to Sections 1250, 2700, and 17204 of the Probate Code is forty
dollars ($40). This fee shall be in addition to any other fee charged
for a paper filed concurrently with a request for special notice.
SEC. 3. Section 76000 of the Government Code is
amended to read:
76000. (a) (1) 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. 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, 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 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 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. 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 5.7, 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) 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 |$1.65 |Marin |$0.00 |Obispo |$2.00 |
+---------+------+-----------+------+----------+------+
|Alpine |$0.00 |Mariposa |$0.00 |San Mateo |$2.25 |
+---------+------+-----------+------+----------+------+
| | | | |Santa | |
|Amador |$2.00 |Mendocino |$0.00 |Barbara |$2.52 |
+---------+------+-----------+------+----------+------+
| | | | |Santa | |
|Butte |$0.00 |Merced |$2.25 |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 |
+---------+------+-----------+------+----------+------+
| | |San | | | |
|Kings |$0.00 |Bernardino |$1.95 |Tuolumne |$0.00 |
+---------+------+-----------+------+----------+------+
|Lake |$0.00 |San Diego |$0.00 |Ventura |$1.69 |
+---------+------+-----------+------+----------+------+
| | |San | | | |
|Lassen |$1.69 |Francisco |$0.01 |Yolo |$0.00 |
+---------+------+-----------+------+----------+------+
|Los | | | | | |
|Angeles |$2.00 |San Joaquin|$3.25 |Yuba |$4.00 |
+---------+------+-----------+------+----------+------+
|Madera |$0.00 | | | | |
+---------+------+-----------+------+----------+------+
SEC. 4. Section 817 of the Penal Code is
amended to read:
817. (a) (1) When a declaration of probable cause is made by a
peace officer of this state, in accordance with subdivision (b) or
(c), the magistrate, if, and only if, satisfied from the declaration
that there exists probable cause that the offense described in the
declaration has been committed and that the defendant described
therein has committed the offense, shall issue a warrant of probable
cause for the arrest of the defendant.
(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.
(b) The declaration in support of the warrant of probable cause
for arrest shall be a sworn statement made in writing.
(c) In lieu of the written declaration required in subdivision
(b), the magistrate may take an oral statement under oath under one
of the following conditions:
(1) The oath shall be taken under penalty of perjury and recorded
and transcribed. The transcribed statement shall be deemed to be the
declaration for the purposes of this section. The recording of the
sworn oral statement and the transcribed statement shall be certified
by the magistrate receiving it and shall be filed with the clerk of
the court. In the alternative, the sworn oral statement may be
recorded by a certified court reporter who shall certify the
transcript of the statement, after which the magistrate receiving it
shall certify the transcript, which shall be filed with the clerk of
the court.
(2) The oath is made using telephone and facsimile transmission
equipment, or made using telephone and electronic mail, or telephone
and computer server, under all of the following conditions:
(A) The oath is made during a telephone conversation with the
magistrate, after which the declarant shall sign his or her
declaration in support of the warrant of probable cause for arrest.
The declarant's signature shall be in the form of a digital signature
or electronic signature if electronic mail or computer server is
used for transmission to the magistrate. The proposed warrant and all
supporting declarations and attachments shall then be transmitted to
the magistrate utilizing facsimile transmission equipment,
electronic mail, or computer server.
(B) The magistrate shall confirm with the declarant the receipt of
the warrant and the supporting declarations and attachments. The
magistrate shall verify that all the pages sent have been received,
that all pages are legible, and that the declarant's signature,
digital signature, or electronic signature is acknowledged as
genuine.
(C) If the magistrate decides to issue the warrant, he or she
shall:
(i) Sign the warrant. The magistrate's signature may be in the
form of a digital signature or electronic signature if electronic
mail or computer server is used for transmission to the magistrate.
(ii) Note on the warrant the exact date and time of the issuance
of the warrant.
(iii) Indicate on the warrant that the oath of the declarant was
administered orally over the telephone.
The completed warrant, as signed by the magistrate, shall be
deemed to be the original warrant.
(D) The magistrate shall transmit via facsimile transmission
equipment, electronic mail, or computer server, the signed warrant to
the declarant who shall telephonically acknowledge its receipt. The
magistrate shall then telephonically authorize the declarant to write
the words "duplicate original" on the copy of the completed warrant
transmitted to the declarant and this document shall be deemed to be
a duplicate original warrant.
(d) Before issuing a warrant, the magistrate may examine under
oath the person seeking the warrant and any witness the person may
produce, take the written declaration of the person or witness, and
cause the person or witness to subscribe the declaration.
(e) A warrant of probable cause for arrest shall contain the
information required pursuant to Sections 815 and 815a.
(f) A warrant of probable cause for arrest may be in substantially
the following form:
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
(name of defendant)
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
(g) An original warrant of probable cause for arrest or the
duplicate original warrant of probable cause for arrest shall be
sufficient for booking a defendant into custody.
(h) Once the defendant named in the warrant of probable cause for
arrest has been taken into custody, the agency which obtained the
warrant shall file a "certificate of service" with the clerk of the
issuing court. The certificate of service shall contain all of the
following:
(1) The date and time of service.
(2) The name of the defendant arrested.
(3) The location of the arrest.
(4) The location where the defendant was incarcerated.
SEC. 5. Section 1305 of the Penal Code is
amended to read:
1305. (a) A court shall in open court declare forfeited the
undertaking of bail or the money or property deposited as bail if,
without sufficient excuse, a defendant fails to appear for any of the
following:
(1) Arraignment.
(2) Trial.
(3) Judgment.
(4) Any other occasion prior to the pronouncement of judgment if
the defendant's presence in court is lawfully required.
(5) To surrender himself or herself in execution of the judgment
after appeal.
However, the court shall not have jurisdiction to declare a
forfeiture and the bail shall be released of all obligations under
the bond if the case is dismissed or if no complaint is filed within
15 days from the date of arraignment.
(b) If the amount of the bond or money or property deposited
exceeds four hundred dollars ($400), the clerk of the court shall,
within 30 days of the forfeiture, mail notice of the forfeiture to
the surety or the depositor of money posted instead of bail. At the
same time, the court shall mail a copy of the forfeiture notice to
the bail agent whose name appears on the bond. The clerk shall also
execute a certificate of mailing of the forfeiture notice and shall
place the certificate in the court's file. If the notice of
forfeiture is required to be mailed pursuant to this section, the
180-day period provided for in this section shall be extended by a
period of five days to allow for the mailing.
If the surety is an authorized corporate surety, and if the bond
plainly displays the mailing address of the corporate surety and the
bail agent, then notice of the forfeiture shall be mailed to the
surety at that address and to the bail agent, and mailing alone to
the surety or the bail agent shall not constitute compliance with
this section.
The surety or depositor shall be released of all obligations under
the bond if any of the following conditions apply:
(1) The clerk fails to mail the notice of forfeiture in accordance
with this section within 30 days after the entry of the forfeiture.
(2) The clerk fails to mail the notice of forfeiture to the surety
at the address printed on the bond.
(3) The clerk fails to mail a copy of the notice of forfeiture to
the bail agent at the address shown on the bond.
(c) (1) If the defendant appears either voluntarily or in custody
after surrender or arrest in court within 180 days of the date of
forfeiture or within 180 days of the date of mailing of the notice if
the notice is required under subdivision (b), the court shall, on
its own motion at the time the defendant first appears in court on
the case in which the forfeiture was entered, direct the order of
forfeiture to be vacated and the bond exonerated. If the court fails
to so act on its own motion, then the surety's or depositor's
obligations under the bond shall be immediately vacated and the bond
exonerated. An order vacating the forfeiture and exonerating the bond
may be made on terms that are just and do not exceed the terms
imposed in similar situations with respect to other forms of pretrial
release.
(2) If, within the county where the case is located, the defendant
is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, and is subsequently
released from custody prior to an appearance in court, the court
shall, on its own motion, direct the order of forfeiture to be
vacated and the bond exonerated. If the court fails to so act on its
own motion, then the surety's or depositor's obligations under the
bond shall be immediately vacated and the bond exonerated. An order
vacating the forfeiture and exonerating the bond may be made on terms
that are just and do not exceed the terms imposed in similar
situations with respect to other forms of pretrial release.
(3) If, outside the county where the case is located, the
defendant is surrendered to custody by the bail or is arrested in the
underlying case within the 180-day period, the court shall vacate
the forfeiture and exonerate the bail.
(4) (A) In lieu of exonerating the bond, the court may order the
bail reinstated and the defendant released on the same bond if both
of the following conditions are met:
(i) The bail is given prior notice of the reinstatement.
(ii) The bail has not surrendered the defendant.
(B) The court may require payment of an administrative fee of
sixty-five dollars ($65) payable to the court for reinstatement of a
bail bond to cover the costs of the process.
(d) In the case of a permanent disability, the court shall direct
the order of forfeiture to be vacated and the bail or money or
property deposited as bail exonerated if, within 180 days of the date
of forfeiture or within 180 days of the date of mailing of the
notice, if notice is required under subdivision (b), it is made
apparent to the satisfaction of the court that both of the following
conditions are met:
(1) The defendant is deceased or otherwise permanently unable to
appear in the court due to illness, insanity, or detention by
military or civil authorities.
(2) The absence of the defendant is without the connivance of the
bail.
(e) In the case of a temporary disability, the court shall order
the tolling of the 180-day period provided in this section during the
period of temporary disability, provided that it appears to the
satisfaction of the court that the following conditions are met:
(1) The defendant is temporarily disabled by reason of illness,
insanity, or detention by military or civil authorities.
(2) Based upon the temporary disability, the defendant is unable
to appear in court during the remainder of the 180-day period.
(3) The absence of the defendant is without the connivance of the
bail.
The period of the tolling shall be extended for a reasonable
period of time, at the discretion of the court, after the cessation
of the disability to allow for the return of the defendant to the
jurisdiction of the court.
(f) In all cases where a defendant is in custody beyond the
jurisdiction of the court that ordered the bail forfeited, and the
prosecuting agency elects not to seek extradition after being
informed of the location of the defendant, the court shall vacate the
forfeiture and exonerate the bond on terms that are just and do not
exceed the terms imposed in similar situations with respect to other
forms of pretrial release.
(g) In all cases of forfeiture where a defendant is not in custody
and is beyond the jurisdiction of the state, is temporarily
detained, by the bail agent, in the presence of a local law
enforcement officer of the jurisdiction in which the defendant is
located, and is positively identified by that law enforcement officer
as the wanted defendant in an affidavit signed under penalty of
perjury, and the prosecuting agency elects not to seek extradition
after being informed of the location of the defendant, the court
shall vacate the forfeiture and exonerate the bond on terms that are
just and do not exceed the terms imposed in similar situations with
respect to other forms of pretrial release.
(h) In cases arising under subdivision (g), if the bail agent and
the prosecuting agency agree that additional time is needed to return
the defendant to the jurisdiction of the court, and the prosecuting
agency agrees to the tolling of the 180-day period, the court may, on
the basis of the agreement, toll the 180-day period within which to
vacate the forfeiture. The court may order tolling for up to the
length of time agreed upon by the parties.
(i) As used in this section, "arrest" includes a hold placed on
the defendant in the underlying case while he or she is in custody on
other charges.
(j) A motion filed in a timely manner within the 180-day period
may be heard within 30 days of the expiration of the 180-day period.
The court may extend the 30-day period upon a showing of good cause.
The motion may be made by the surety insurer, the bail agent, the
surety, or the depositor of money or property, any of whom may appear
in person or through an attorney.
(k) In addition to any other notice required by law, the moving
party shall give the prosecuting agency a written notice at least 10
court days before a hearing held pursuant to subdivision (f), (g), or
(j), as a condition precedent to granting the motion.
SEC. 6. 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 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).
(d) Each superior court and county shall keep a record of its
deposits and its transmittals pursuant to this section.
(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.
(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 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. 7. 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.