California Legislature—2013–14 Regular Session

Assembly Bill No. 2256

Introduced by Assembly Member Garcia

February 21, 2014

An act to amend Sections 415.21, 415.95, 491.160, 684.115, 700.140, 708.170, and 1993 of, and to add Section 415.35 to, the Code of Civil Procedure, to amend Sections 6103.2, 6103.3, 6103.9, 26720.9, 26721, 26721.2, 26722, 26723, 26725.1, 26726, 26727, 26728.1, 26729, 26730, 26731, 26733.5, 26736, 26738, 26740, 26741, 26744.5, 26746, 26746.1, and 26750 of, to add Section 26725.2 to, and to repeal Section 26744 of, the Government Code, and to amend Section 166 of, and to amend, repeal, and add Section 1214.2 of the Penal Code, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 2256, as introduced, Garcia. Civil procedure: service and fees: sheriffs.

(1) Existing law establishes the procedures by which a person or business organization may be served a summons and complaint in a civil action. Existing law authorizes service on a business organization, form unknown, by leaving a copy of the summons and complaint during usual office hours and by mailing a copy of the summons and complaint, as specified.

This bill would additionally authorize a sheriff or marshal to serve a summons and complaint by mail, as specified, and would allow the person or business organization to accept service by mail by executing a written acknowledgment of receipt of summons, upon which date service would be deemed complete. The bill also would prohibit a sheriff or marshal from serving a summons on a business organization without ascertaining the form of the organization.

(2) Existing law requires, when a gated community is staffed by a guard or other security personnel assigned to control access to the community, that a person be granted access to the gated community for a reasonable period of time to perform service of process or service of a subpoena, as specified.

This bill would delete those provisions and instead require a county sheriff, marshal, registered process server, or licensed private investigator to be granted access to a gated community for a reasonable period of time to perform service of process or service of a subpoena, regardless of whether there is a guard or other security personnel present.

(3) Existing law establishes procedures for service of various legal processes on financial institutions, and establishes procedures for service of process and execution of levies at a financial institution’s central locations and other branches. Existing law prohibits service of legal process at a location other than a central location unless the financial institution elects to act upon the process as if it were effective, and authorizes a financial institution to respond to the legal process in the absence of an election, as specified. Existing law also requires a levying officer to personally serve specified documents on the financial institution in order to levy upon a deposit account.

This bill would instead require the financial institution to respond to the legal process, as specified, if service of legal process is ineffective. The bill also would permit a levying officer to serve specified documents on a central bank location in another county either by authorizing service by a sheriff in that county on behalf of the levying officer, as specified, or by electronic service, as specified.

(4) Existing law permits a court, in specified circumstances in civil actions for attachment and enforcement of judgments, to issue a warrant when a person fails to appear for an examination as ordered by the court and permits the court to punish that person for contempt. Existing law establishes fees for serving and executing these bench warrants. Existing law establishes procedures, as specified, as an alternative to issuing a warrant for contempt, pursuant to which a court may issue an arrest warrant for a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a court order. Existing law specifies the contents of the arrest warrant, including a command to bring the person to be arrested before the court for the setting of bail in the amount of the warrant, or to release on the person’s own recognizance.

This bill would allow a bench warrant to be directed to any peace officer, and would delete the provision establishing fees for serving or executing a bench warrant. The bill also would remove the requirement that bail be set in the amount of the arrest warrant.

(5) Existing law authorizes a sheriff or marshal, for any order or injunction relating to harassment, workplace violence, domestic violence, or elder abuse, for which the sheriff or marshal provides service of process, to notify the protected person by electronic or telephonic means that the order or injunction has been served on the restrained person, as specified.

This bill would remove the requirement that an order or injunction be related to harassment, workplace violence, domestic violence, or elder abuse, and would authorize the sheriff to, in lieu of or in addition to providing notice by electronic or telephonic means, to publish notice of service of process on the sheriff’s Internet Web site.

(6) Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals. Under existing law, a sheriff or marshal, in connection with the service of process or notices, is authorized to require prepayment of all fees that a person or entity is required to pay under specified provisions of law, except as to the district attorney’s office or local child support agency, as specified.

This bill would revise and increase the fees for services provided by sheriffs or marshals, as specified, and would authorize a sheriff or marshal to submit a billing to a local child support agency for payment of fees for services rendered.

(7) Existing law authorizes the enforcement of an order to pay a fine as a condition of a defendant’s probation, as specified.

This bill would authorize a sheriff, upon the request of a prosecutor, to access criminal record offender information for the purpose of identifying the defendant’s employer to assist the prosecutor in seeking to obtain a levy on the defendant’s wages, as specified, and would authorize the sheriff or marshal to assess a fee of $100 for accessing the criminal record offender information. These provisions would remain in effect only until January 1, 2016.

(8) Under existing law, a willful and knowing violation of a protective order or stay-away court order issued relating to a victim or witness in a pending criminal proceeding involving domestic violence, issued as a condition of probation after a conviction in a criminal proceeding involving domestic violence or elder or dependent adult abuse, or issued under other specified conditions, constitutes contempt of court, a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, a fine not exceeding $1,000, or by both the imprisonment and the fine, except as specified.

This bill would authorize a court to order a person convicted of contempt of court for willfully resisting or delaying a sheriff or marshal during the execution of any pre-judgment or post-judgment writ or other court order to pay restitution to the county for any extraordinary costs necessarily incurred by the sheriff or marshal to overcome resistance to the process of the court, as specified.

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

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

SECTION 1.  

Section 415.21 of the Code of Civil Procedure
is amended to read:

begin delete

415.21.  

(a) Notwithstanding any other law, any person shall
be granted access to a gated community for a reasonable period
of time for the sole purpose of performing lawful service of process
or service of a subpoena, upon identifying to the guard the person
or persons to be served, and upon displaying a current driver’s
license or other identification, and one of the following:

(1) A badge or other confirmation that the individual is acting
in his or her capacity as a representative of a county sheriff or
marshal.

(2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of
the Business and Professions Code or of licensure as a private
investigator pursuant to Chapter 11.3 (commencing with Section
7512) of Division 3 of the Business and Professions Code.

(b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the
community.

end delete

begin insert

begin insert 415.21. end insert   

end insert begin insert

Notwithstanding any other law, a county sheriff,
marshal, process server registered pursuant to Chapter 16
(commencing with Section 22350) of Division 8 of the Business
and Professions Code, or private investigator licensed pursuant
to Chapter 11.3 (commencing with Section 7512) of Division 3 of
the Business and Professions Code shall be granted access to a
gated community for a reasonable period of time for the purpose
of performing lawful service of process or service of a subpoena.

end insert

SEC. 2.  

Section 415.35 is added to the Code of Civil Procedure,
to read:

415.35.  

(a) A sheriff or marshal may serve a summons by mail
as provided in this section. A copy of the summons and of the
complaint shall be mailed by first-class mail to the person to be
served, together with two copies of the notice and acknowledgment
provided for in subdivision (b) and a return envelope, postage
prepaid, addressed to the sheriff, marshal, or constable.

(b) The notice specified in subdivision (a) shall be in
substantially the following form:

(Title of court and cause, with action number, to be inserted by
the sender prior to mailing)

NOTICE  

To: (Insert name and legal capacity of the defendant.)

The enclosed summons and complaint have been referred to the
(insert name and address of sheriff) for service. You may accept
service by mail by completing this form acknowledging receipt of
the summons and complaint and returning it to the above-named
sheriff no later than (insert date). If you prefer not to accept service
by mail by timely completing and returning this form, the sheriff,
marshal, or constable will attempt to locate and personally serve
you at your residence, place of employment, or other location
within the jurisdiction of the sheriff. If you are served on behalf
of a corporation, unincorporated association (including a
partnership), or other entity, this form must be signed in the name
of that entity by you or by a person authorized to receive service
of process on behalf of the entity. In all other cases, this form must
be signed by you personally or by a person authorized by you to
acknowledge receipt of summons.

 

(Name of deputy)      (Name of sheriff or marshal)      (Address)       (Telephone)

 

ACKNOWLEDGMENT OF RECEIPT OF SUMMONS

 

I hereby acknowledge receipt of this summons and complaint.

Date:    (Date this acknowledgment is executed)

Signature of person acknowledging receipt

Print name of person acknowledging receipt

The defendant is a ______________(insert type of entity such as corporation, defunct corporation, association or partnership) for which I am the ___________ (insert title) and authorized to accept service. (If applicable.)

 

(c) Service of a summons pursuant to this section is deemed
complete on the date that the written acknowledgment of receipt
of summons is executed, if the acknowledgment thereafter is
returned to the sender.

SEC. 3.  

Section 415.95 of the Code of Civil Procedure is
amended to read:

415.95.  

(a) A summons may be served on a business
organization, form unknown, by leaving a copy of the summons
and complaint during usual office hours with the person who is
apparently in charge of the office of that business organization,
and by thereafter mailing a copy of the summons and complaint
by first-class mail, postage prepaid, to the person to be served at
the place where a copy of the summons and complaint was left.
Service of a summons in this manner is deemed complete on the
10th day after the mailing.

(b) Service of a summons pursuant to this section is not valid
for a corporation with a registered agent for service of process
listed with the Secretary of State.

begin insert

(c) This section shall not apply to service of a summons and
complaint on a business organization, form unknown, by a sheriff
or marshal.

end insert

SEC. 4.  

Section 491.160 of the Code of Civil Procedure is
amended to read:

491.160.  

(a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, a person specially
appointed by the court in the order, or a registered process server,
and the person fails to appear:

(1) The court may do either of the following:

(A) Pursuant to a warrant begin insert directed to any peace officer end insert , have
the person brought before the court to answer for the failure to
appear and may punish the person for contempt.

(B) Issue a warrant for the arrest of the person who failed to
appear as required by the court order, pursuant to Section 1993.

(2) If the person’s failure to appear is without good cause, the
plaintiff shall be awarded reasonable attorney’s fees incurred in
the examination proceeding.

(b) A person who willfully makes an improper service of an
order for an examination which subsequently results in the arrest
pursuant to subdivision (a) of the person who fails to appear is
guilty of a misdemeanor.

SEC. 5.  

Section 684.115 of the Code of Civil Procedure is
amended to read:

684.115.  

(a) A financial institution may, and if it has more
than nine branches or offices at which it conducts its business
within this state shall, designate one or more central locations for
service of legal process within this state. Each designated location
shall be referred to as a “central location.” If a financial institution
elects or is required to designate a central location for service of
legal process, the financial institution shall file a notice of its
designation with the Department of Financial Institutions, which
filing shall be effective upon filing and shall contain all of the
following:

(1) The physical address of the central location.

(2) The days and hours during which service will be accepted
at the central location.

(3) If the central location will not accept service of legal process
directed at deposit accounts maintained or property held at all of
the financial institution’s branches or offices within this state, or
if the service accepted at the central location will not apply to
safe-deposit boxes or other property of the judgment debtor held
by or for the judgment debtor, the filing shall also contain sufficient
information to permit a determination of the limitation or
limitations, including, in the case of a limitation applicable to
certain branches or offices, an identification of the branches or
offices as to which service at the central location will not apply
and the nature of the limitation applicable to those branches or
offices. If the limitation will apply to all branches or offices of the
financial institution within this state, the filing may indicate the
nature of the limitation and that it applies to all branches or offices,
in lieu of an identification of branches or offices as to which the
limitation applies. To the extent that a financial institution’s
designation of a central location for service of legal process covers
the process directed at deposit accounts, safe-deposit boxes, or
other property of the judgment debtor held by or for the judgment
debtor at a particular branch or office located within this state, the
branch or office shall be a branch or office covered by central
process.

(b)  begin delete Should end delete begin insert If end insert a financial institution required to designate a central
location begin delete fail end delete begin insert fails end insert to do so, each branch of that institution located
in this state shall be deemed to be a central location at which
service of legal process may be made, and all of the institution’s
branches or offices located within this state shall be deemed to be
a branch or office covered by central process.

(c) Subject to any limitation noted pursuant to paragraph (3) of
subdivision (a), service of legal process at a central location of a
financial institution shall be effective against all deposit accounts
and all property held for safekeeping, as collateral for an obligation
owed to the financial institution or in a safe-deposit box if the same
is described in the legal process and held by the financial institution
at any branch or office covered by central process and located
within this state. However, while service of legal process at the
central location will establish a lien on all property, if any property
other than deposit accounts is physically held by the financial
institution in a county other than that in which the designated
central location is located, the financial institution shall include in
its garnishee’s memorandum the location or locations of the
property, and the judgment creditor shall obtain a writ of execution
covering the property and directed to the levying officer in that
county to accomplish the turnover of the property and shall forward
the writ and related required documentation to the levying officer
in the county in which the property is held.

(d) A financial institution may modify or revoke any designation
made pursuant to subdivision (a) by filing the modification or
revocation with the Department of Financial Institutions. The
modification or revocation shall be effective when the Department
of Financial Institutions’ records have been updated to reflect the
modification or revocation, provided that the judgment creditor
may rely upon the superseded designation during the 30-day period
following the effective date of the revocation or modification.

(e) (1) The Department of Financial Institutions shall update its
online records to reflect a filing by a financial institution pursuant
to subdivision (a) or a modification or revocation filed by a
financial institution pursuant to subdivision (d) within 10 business
days following the filing by the financial institution. The
Department of Financial Institutions’ Internet Web site shall reflect
the date its online records for each financial institution have most
recently been updated.

(2) The Department of Financial Institutions shall provide any
person requesting it with a copy of each current filing made by a
financial institution pursuant to subdivision (a). The Department
of Financial Institutions may satisfy its obligation under this
subdivision by posting all current designations of a financial
institution, or the pertinent information therein, on an Internet Web
site available to the public without charge, and if that information
is made available, the Department of Financial Institutions may
impose a reasonable fee for furnishing that information in any
other manner.

(f) As to deposit accounts maintained or property held for
safekeeping, as collateral for an obligation owed to the financial
institution or in a safe-deposit box at a branch or office covered
by central process, service of legal process at a location other than
a central location designated by the financial institution shall not
be effective unless the financial institution, in its absolute
discretion, elects to act upon the process at that location as if it
were effective. begin delete In the absence of an election, end delete begin insert If the service of legal
process is ineffective, end insert the financial institution begin delete may end delete begin insert shall end insert respond
to the legal process by mailing or delivery of the garnishee’s
memorandum to the levying officer within the time otherwise
provided therefor, with a statement on the garnishee’s
memorandum that the legal process was not properly served at the
financial institution’s designated location for receiving legal
process, and, therefore, was not processed, and the address at which
the financial institution is to receive legal process.

(g) If any legal process is served at a central location of a
financial institution pursuant to this section, all related papers to
be served on the financial institution shall be served at that location,
unless agreed to the contrary between the serving party and the
financial institution.

(h) This subdivision shall apply whenever a financial institution
operates within this state at least one branch or office in addition
to its head office or main office, as applicable, or a financial
institution headquartered in another state operates more than one
branch or office within this state, and no central location has been
designated or deemed to have been designated by the institution
for service of legal process relating to deposit accounts maintained
at the financial institution’s head office or main office, as
applicable, and branches located within this state. If a judgment
creditor reasonably believes that, pursuant to Section 700.140 and,
if applicable, Section 700.160, any act of enforcement would be
effective against a specific deposit account maintained at a financial
institution described in this subdivision, the judgment creditor may
file with the financial institution a written request that the financial
institution identify the branch or office within this state at which
a specified account might be maintained by the financial institution.
The written request shall contain the following statements or
information:

(1) The name of the person reasonably believed by the judgment
creditor to be a person in whose name the specified deposit account
stands.

(2) If the name of the person reasonably believed by the
judgment creditor to be a person in whose name the specified
deposit account stands is not a judgment debtor identified in the
writ of execution, a statement that a person reasonably believed
by the judgment creditor to be a person in whose name the specified
deposit account stands will be appropriately identified in the legal
process to be served pursuant to Section 700.160, including any
supplementary papers, such as a court order or affidavit if the same
will be required by Section 700.160.

(3) The specific identifying number of the account reasonably
believed to be maintained with the financial institution and standing
in the name of the judgment debtor or other person.

(4) The address of the requesting party.

(5) An affidavit by the judgment creditor or the judgment
creditor’s counsel stating substantially the following:

 

I hereby declare that this deposit account location request
complies with Section 684.115 of the Code of Civil Procedure,
that the account or accounts of the judgment debtor or other person
or persons appropriately identified in the legal process and
specified herein are subject to a valid writ of execution, or court
order, that I have a reasonable belief, formed after an inquiry
reasonable under the circumstances, that the financial institution
receiving this deposit account location request has an account
standing in the name of the judgment debtor or other person or
persons appropriately identified in the legal process, and that
information pertaining to the location of the account will assist the
judgment creditor in enforcing the judgment.

 

(i) The affidavit contemplated by subdivision (h) shall be signed
by the judgment creditor or the judgment creditor’s counsel and
filed at the financial institution’s head office located within this
state or, if the financial institution’s head office is in another state,
at one of its branches or offices within this state. Failure to comply
with the requirements of subdivision (h) and this subdivision shall
be sufficient basis for the financial institution to refuse to produce
the information that would otherwise be required by subdivision
(j).

(j) Within 10 banking days following receipt by a financial
institution at the applicable location specified in subdivision (i) of
a request contemplated by subdivision (h), as to each specific
deposit account identified in the request contemplated by
subdivision (h), the financial institution shall respond by mailing,
by first-class mail with postage prepaid, to the requester’s address
as specified in the request a response indicating the branch or office
location of the financial institution at which the specified deposit
account might be maintained, or, if the specified deposit account,
if it exists, would not be maintained at a specific location, at least
one place within this state at which legal process relating to the
deposit account should or may be served. The response to be
furnished pursuant to this subdivision shall not require the financial
institution to determine whether an account exists or, if an account
does exist, whether it would be reached by the legal begin delete process, rather, end delete
begin insert process. Rather, end insert the branch or office location shall be determined
and reported by the financial institution based solely upon its
determination that an account with the identifying number provided
by the requester would be maintained at that branch if an account
did exist, and the response shall not contain any information about
the name in which the account stands or any other information
concerning the account, if it exists. If more than one account
number is specified in the request, the financial institution’s
responses as to some or all of those account numbers may be
combined in a single writing.

(k) A response furnished in good faith by the financial institution
pursuant to subdivision (j) shall not be deemed to violate the
privacy of any person in whose name the specified deposit account
stands nor the privacy of any other person, and shall not require
the consent of the person in whose name the account stands nor
that of any other person.

(l) A financial institution shall not notify the person in whose
name the specified deposit account stands or any other person
related to the specified account of the receipt of begin delete any end delete begin insert a end insert request made
pursuant to subdivision (h) begin delete and affecting end delete begin insert that affects end insert that person’s
or persons’ accounts at the financial institution, provided that the
financial institution shall have no liability for its failure to comply
with the provisions of this subdivision.

SEC. 6.  

Section 700.140 of the Code of Civil Procedure is
amended to read:

700.140.  

(a) Subject to Sections 684.115 and 700.160, to levy
upon a deposit account, the levying officer shall personally serve
a copy of the writ of execution begin delete and a end delete begin insert , end insert notice of levy begin insert , and
memorandum of garnishee end insert on the financial institution with which
the deposit account is maintained.

begin insert

(b) In the case of service on a central bank location in another
county pursuant to Section 684.115, the levying officer may do
either of the following:

end insert begin insert

(1) Forward the documents identified in subdivision (a) to the
sheriff or marshal of that county, who shall, as the agent of the
levying officer, personally serve the central bank location and,
promptly after service, mail a copy of the writ of execution, notice
of levy, and list of exemptions from the enforcement of judgments
to the judgment debtor and any third party listed in the notice of
levy. The levying officer shall perform all other duties associated
with the levy, including processing claims of exemption, third party
claims, bankruptcy stays, and collecting and disbursing levied
moneys. The sheriff or marshal shall charge a fee as provided by
Article 7 (commencing with Section 26720) of Chapter 2 of Part
3 of Division 2 of Title 3 of the Government Code for making the
service and submitting a proof of service as the levying officer’s
agent.

end insert begin insert

(2) Electronically transmit the documents identified in
subdivision (a) to the financial institution. Service by electronic
transmission shall be deemed complete on the date and time of
receipt as indicated in an acknowledgment of receipt electronically
submitted to the levying officer by the financial institution.

end insert begin insert

(A) After receipt of an acknowledge of receipt of the levy by the
financial institution, the levying officer shall promptly mail a copy
of the writ of execution, notice of levy, and list of exemptions from
the enforcement of judgments to the judgment debtor and any third
party listed in the notice of levy.

end insert begin insert

(B) Compliance with this paragraph shall be contingent on the
levying officer and the financial institution having agreed to
effectuate service electronically and having jointly determined
that they have the resources and the technological capacity to do
so.

end insert

begin insert (c) end insert  The execution lien that arises upon service of a begin insert copy of the end insert
writ of execution begin delete and end delete begin insert , end insert notice of levy begin insert , and memorandum of
garnishee end insert reaches only amounts begin insert that are end insert in a deposit account at
the time of service on the financial institution, including the amount
of any deposit not yet finally collected unless the deposit is returned
unpaid to the financial institution.

begin delete

(c)

end delete

begin insert (d) end insert  The levying officer shall serve a copy of the writ of execution
and a notice of levy on any third person in whose name any deposit
account described therein stands. Service shall be made personally
or by mail as follows:

(1) At the time of levy or promptly thereafter, if the party
seeking the levy informs the levying officer of the person and his,
her, or its residence or business address.

(2) Promptly following the levying officer’s receipt of a
garnishee’s memorandum if service was not accomplished pursuant
to paragraph (1) begin insert , end insert if the garnishee’s memorandum identifies the
person and his, her, or its residence or business address.

begin delete

(d)

end delete

begin insert (e) end insert  The financial institution shall not honor a withdrawal request
or a check or other order for the payment of money from the deposit
account if presentment of the withdrawal request or item to the
financial institution occurs during the time the execution lien is in
effect unless, following the withdrawal or payment, sufficient
funds are available to cover the levy. For these purposes, a
withdrawal from the deposit account to cover the financial
institution’s standard fee or charge for processing the levy shall
not be considered a payment of money from the account in
violation of this subdivision.

begin delete

(e)

end delete

begin insert (f) end insert  During the time the execution lien is in effect, the financial
institution begin delete is end delete begin insert shall end insert not begin insert be end insert liable to any person for any of the
following:

(1) Performance of the duties of a garnishee under the levy.

(2) Nonpayment of a check or other order for the payment or
transfer of money drawn or presented against the deposit account begin insert , end insert
if the nonpayment is pursuant to the requirements of subdivision
begin delete (d). end delete begin insert (e). end insert

(3) Refusal to pay a withdrawal from the deposit account begin insert , end insert if the
refusal is pursuant to the requirements of subdivision begin delete (d). end delete begin insert (e). end insert

begin delete

(f)

end delete

begin insert (g) end insert  When the amount levied upon pursuant to this section is
paid to the levying officer, the execution lien on the deposit account
levied upon terminates.

begin delete

(g)

end delete

begin insert (h) end insert  For begin delete the end delete purposes of this section, none of the following is a
third person in whose name the deposit account stands:

(1) A person who is only a person named as the beneficiary of
a Totten trust account.

(2) A person who is only a payee designated in a pay-on-death
provision in an account pursuant to Section 18318.5 of the
Financial Code or Section 5140 of the Probate Code, or other
similar provision.

(3) A person who is only acting in a representative or custodial
capacity with respect to benefits paid or payable by the United
States government. Rather, accounts maintained by the
representative or custodian shall be deemed to stand in the
beneficiary’s name, and the amounts therein shall be covered by
a levy against the beneficiary.

begin delete

(h)

end delete

begin insert (i) end insert  For purposes of this section, final payment of a deposit shall
be deemed to have occurred in accordance with Section 4215 or
11210 of the Commercial Code or with automated clearinghouse
or Federal Reserve System rule, regulation, operating circular, or
similar governing document, as applicable to the deposit. If, for
any reason, a deposit is returned by the financial institution upon
which it is drawn, the deposit shall not be deemed finally collected
for purposes of this subdivision regardless of any later payment
by the financial institution upon which the deposit is drawn.

SEC. 7.  

Section 708.170 of the Code of Civil Procedure is
amended to read:

708.170.  

(a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, a person specially
appointed by the court in the order, or a registered process server,
and the person fails to appear:

(1) The court may do either of the following:

(A) Pursuant to a warrant begin insert directed to any peace officer end insert , have
the person brought before the court to answer for the failure to
appear and may punish the person for contempt.

(B) Issue a warrant for the arrest of the person who failed to
appear as required by the court order, pursuant to Section 1993.

(2) If the person’s failure to appear is without good cause, the
judgment creditor shall be awarded reasonable attorney’s fees
incurred in the examination proceeding. Attorney’s fees awarded
against the judgment debtor shall be added to and become part of
the principal amount of the judgment.

(b) A person who willfully makes an improper service of an
order for an examination which subsequently results in the arrest
pursuant to subdivision (a) of the person who fails to appear is
guilty of a misdemeanor.

SEC. 8.  

Section 1993 of the Code of Civil Procedure is
amended to read:

1993.  

(a) (1) As an alternative to issuing a warrant for
contempt pursuant to paragraph (5) or (9) of subdivision (a) of
Section 1209, the court may issue a warrant for the arrest of a
witness who failed to appear pursuant to a subpoena or a person
who failed to appear pursuant to a court order. The court, upon
proof of the service of the subpoena or order, may issue a warrant
to the sheriff of the county in which the witness or person may be
located and the sheriff shall, upon payment of fees as provided in
Section 26744.5 of the Government Code, arrest the witness or
person and bring him or her before the court.

(2) Before issuing a warrant for a failure to appear pursuant to
a subpoena pursuant to this section, the court shall issue a “failure
to appear” notice informing the person subject to the subpoena
that a failure to appear in response to the notice may result in the
issuance of a warrant. This notice requirement may be omitted
only upon a showing that the appearance of the person subject to
the subpoena is material to the case and that urgency dictates the
person’s immediate appearance.

(b) The warrant shall contain all of the following:

(1) The title and case number of the action.

(2) The name and physical description of the person to be
arrested.

(3) The last known address of the person to be arrested.

(4) The date of issuance and county in which it is issued.

(5) The signature or name of the judicial officer issuing the
warrant, the title of his or her office, and the name of the court.

(6) A command to arrest the person for failing to appear pursuant
to the subpoena or court order, and specifying the date of service
of the subpoena or court order.

(7) A command to bring the person to be arrested before the
issuing court, or the nearest court if in session, for the setting of
bail begin delete in the amount of the warrant end delete or to release on the person’s own
recognizance. begin delete Any end delete begin insert A end insert person so arrested shall be released from
custody if he or she cannot be brought before the court within 12
hours of arrest, and the person shall not be arrested if the court
will not be in session during the 12-hour period following the
arrest.

(8) A statement indicating the expiration date of the warrant as
determined by the court.

(9) The amount of bail.

(10) An endorsement for nighttime service if good cause is
shown, as provided in Section 840 of the Penal Code.

(11) A statement indicating whether the person may be released
upon a promise to appear, as provided by Section 1993.1. The
court shall permit release upon a promise to appear, unless it makes
a written finding that the urgency and materiality of the person’s
appearance in court precludes use of the promise to appear process.

(12) The date and time to appear in court if arrested and released
pursuant to paragraph (11).

SEC. 9.  

Section 6103.2 of the Government Code is amended
to read:

6103.2.  

(a) Section 6103 does not apply to any fee or charge
or expense for official services rendered by a sheriff or marshal
in connection with the levy of writs of attachment, execution,
possession, or sale. The fee, charge, or expense may be advanced
to the sheriff or marshal, as otherwise required by law.

(b) (1) Notwithstanding Section 6103, the sheriff or marshal,
in connection with the service of process or notices, may require
that all fees which a public agency, or any person or entity, is
required to pay under provisions of law other than this section begin delete , end delete be
prepaid by a public agency named in Section 6103, or by any
person or entity, prior to the performance of any official act. This
authority to require prepayment shall include fees governed by
Section 6103.5.

(2)  begin delete This subdivision end delete begin insert (A) end insert begin insert   end insert begin insert The requirement for prepayment of a
fee end insert does not apply to the service of process or notices in any action
by the district attorney’s office begin insert or local child support agency end insert for
the establishment or enforcement of a child support obligation.

begin insert

(B) Notwithstanding subparagraph (A), a sheriff or marshal
may submit a billing to a local child support agency for payment
of fees for services rendered.

end insert

(3) This subdivision does not apply to a particular jurisdiction
unless the sheriff or marshal, as the case may be, imposes the
requirement of prepayment upon public agencies and upon all
persons or entities within the private sector.

(4)  begin insert (A) end insert begin insert   end insert The requirement for prepayment of a fee deposit does
not apply to orders or injunctions described in paragraph (1) of
subdivision (x) of Section 527.6, paragraph (1) of subdivision (w)
of Section 527.8, or paragraph (1) of subdivision (w) of Section
527.85 of the Code of Civil Procedure, Division 10 (commencing
with Section 6200) of the Family Code begin delete (Prevention of Domestic
Violence), end delete begin insert (Domestic Violence Prevention Act), end insert and Chapter 11
(commencing with Section 15600) of Part 3 of Division 9 of the
Welfare and Institutions Code (Elder Abuse and Dependent Adult
Civil Protection Act).

begin delete

However,

end delete

begin insert (B) end insert begin insert   end insert begin insert Notwithstanding subparagraph (A), end insert a sheriff or marshal
may submit a billing to the superior court for payment of fees in
the manner prescribed by the Judicial Council irrespective of the
in forma pauperis status of any party under Rules 3.50 to begin delete 3.63, end delete
begin insert 3.58, end insert inclusive, of the California Rules of Court. The fees for
service, cancellation of service, and making a begin delete not found end delete begin insert not-found end insert
return begin delete may end delete begin insert shall end insert not exceed the amounts provided in Sections
26721, 26736, and 26738, respectively, and are subject to the
provisions of Section 26731.

SEC. 10.  

Section 6103.3 of the Government Code is amended
to read:

6103.3.  

(a)  begin insert (1) end insert begin insert   end insert For any order or injunction begin delete for which the
sheriff or marshal provides service of process and is prohibited
under end delete begin insert described in subparagraph (A) of end insert paragraph (4) of
subdivision (b) of Section 6103.2 begin delete from requiring payment of a fee end delete ,
the sheriff or marshal may notify the protected person by electronic
or telephonic means within 24 hours after service of process that
the order or injunction has been served on the restrained person,
including the date and time when the order or injunction was
served, if the protected person has requested this notification and
has registered a telephone number or e-mail address at which the
protected person may be contacted for this purpose.

begin delete

(b)

end delete

begin insert (2) end insert  The sheriff may provide the notification described in
subdivision (a) via an automated statewide victim information and
notification system if the sheriff has access to that system, his or
her county participates in that system, and local, state, or federal
funds are made available for the operation of that system.

begin insert

(b) A sheriff may, in lieu of or in addition to providing the
notification described in subdivision (a), publish notice of service
of process on the sheriff’s Internet Web site.

end insert

(c) If the sheriff participates in the notification program
authorized under this section and the service of process is provided
by a marshal, the marshal shall promptly inform the sheriff of the
date and time when the order or injunction was served, and the
sheriff shall provide the notice described in subdivision (a) to the
protected person.

begin delete

(d) This section applies only to orders or injunctions described
in paragraph (1) of subdivision (q) of Section 527.6 and Section
527.8 of the Code of Civil Procedure, Division 10 (commencing
with Section 6200) of the Family Code (Prevention of Domestic
Violence), and Chapter 11 (commencing with Section 15600) of
Part 3 of Division 9 of the Welfare and Institutions Code (Elder
Abuse and Dependent Adult Civil Protection Act).

end delete

SEC. 11.  

Section 6103.9 of the Government Code is amended
to read:

6103.9.  

(a) Notwithstanding any other begin delete provision of end delete law, except
as provided in this section, the local child support agency and the
district attorney shall be exempt from the payment of any fees,
including begin delete fees for service of process and end delete filing fees, in begin delete any end delete begin insert an end insert
action or proceeding brought for the establishment of a child
support obligation or the enforcement of a child or spousal support
obligation.

(b) A court or county may be reimbursed for begin delete those end delete begin insert the end insert direct
costs related to the establishment of a child support obligation or
the enforcement of a child or spousal support obligation which
have been agreed to pursuant to a plan of cooperation. begin delete Any
reimbursement end delete begin insert Reimbursement end insert pursuant to a plan of cooperation
shall not include any amount which is payable as a filing fee.

(c) For purposes of this section, a “plan of cooperation” includes
an agreement entered into by a court and the Administrative Office
of the Courts of the California Judicial Council which provides
for reimbursement for the cost of providing clerical and
administrative support furnished by the court.

SEC. 12.  

Section 26720.9 of the Government Code is amended
to read:

26720.9.  

Notwithstanding any other begin delete provision of end delete law, the
amounts set forth in Sections 26721, 26721.1, 26725, 26728,
26734, 26742, and 26743 shall be begin delete thirty-five end delete begin insert fifty end insert dollars begin delete ($35). end delete
begin insert ($50). end insert

begin delete

This section shall become operative on January 1, 2011.

end delete

SEC. 13.  

Section 26721 of the Government Code is amended
to read:

26721.  

begin insert (a) end insert begin insert   end insert Except as provided in this article, the fee for
serving or executing any process or notice required by law or the
litigants to be served shall be the amount described in Section
26720.9, and there shall be no additional fee for substitute service
when substitute service is authorized.

begin delete

However, no fee shall be charged for serving an emergency
protective order, protective order, or restraining order issued
pursuant to Division 10 of the Family Code (the Domestic Violence
Prevention Act) on a respondent who is in custody.

end delete begin delete

In

end delete

begin insert (b) end insert begin insert   end insert begin insert In end insert any case where property has been levied upon and,
pursuant to the levy, a copy of the writ of execution and a notice
of levy are required by statute to be served either personally or by
mail upon the judgment debtor or other person, begin delete no end delete begin insert a end insert fee shall begin insert not end insert
be charged for that service.

SEC. 14.  

Section 26721.2 of the Government Code is amended
to read:

26721.2.  

(a) For any action commenced in the superior court,
the fee for the service of the summons, the complaint for which
the summons is issued, and all other documents or notices required
to be served with the summons and complaint, is begin delete thirty-five dollars
($35). end delete begin insert fifty dollars ($50). end insert

begin delete

(b) This section shall become operative on January 1, 2008.

end delete begin insert

(b) The fee for cancellation of the service of a summons prior
to its completion is fifty dollars ($50).

end insert begin insert

(c) The fee for making a not-found return on a summons
certifying that the person cannot be found at the address specified
is fifty dollars ($50).

end insert

SEC. 15.  

Section 26722 of the Government Code is amended
to read:

26722.  

The fee for serving, executing, or processing any writ
or order where the levying officer is required to take immediate
possession of the property levied upon is begin delete eighty-five dollars ($85). end delete
begin insert one hundred dollars ($100). end insert

SEC. 16.  

Section 26723 of the Government Code is amended
to read:

26723.  

The fee for opening a safe-deposit box pursuant to
Sections 488.460 and 700.150 of the Code of Civil Procedure is
one hundred begin delete twenty-five end delete begin delete dollars ($125). end delete begin insert seventy five dollars ($175). end insert

SEC. 17.  

Section 26725.1 of the Government Code is amended
to read:

26725.1.  

The fee for begin delete the end delete serving or posting begin delete of end delete any additionally
required notices or orders on other parcels begin delete is ten dollars ($10) end delete
begin insert twenty dollars ($20) end insert each.

SEC. 18.  

Section 26725.2 is added to the Government Code,
to read:

26725.2.  

(a) In addition to any other fee provided for by this
article, the sheriff or marshal may assess a fee of one hundred
dollars ($100) for accessing criminal record offender information
in order to identify the employer of a defendant pursuant to Section
1214.2 of the Penal Code. The fee described in this section shall
be collected from the defendant’s withheld wages and shall not be
paid in advance by the prosecutor.

(b) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

SEC. 19.  

Section 26726 of the Government Code is amended
to read:

26726.  

(a) The fee for keeping and caring for property under
a writ of attachment, execution, possession, or sale begin delete shall be one
hundred forty dollars ($140) end delete begin insert is two hundred dollars ($200) end insert when
necessarily employed for any eight-hour period or any part thereof.
If an additional keeper or keepers are required during these periods,
the fee for the additional keeper or keepers shall be the same as
fixed, but, in no event shall any one keeper receive more than begin delete two
hundred eighty dollars ($280) end delete begin insert four hundred dollars ($400) end insert during
any 24-hour period when so employed.

(b) In addition to the fees provided by Section 26721, the fee
for maintaining custody of property under levy by the use of a
keeper is begin delete thirty-five dollars ($35) end delete begin insert fifty dollars ($50) end insert for each day
custody is maintained after the first day.

(c) Notwithstanding any other fee charged, a keeper shall receive
begin delete fifty dollars ($50) end delete begin insert seventy end insert begin insert -five dollars ($75) end insert when, pursuant to
Section 26738, a levying officer prepares a not-found return.

begin delete

(d) This section shall become operative on January 1, 2011.

end delete

SEC. 20.  

Section 26727 of the Government Code is amended
to read:

26727.  

The fee for a copy of any writ, process, paper, order,
or notice actually made by him or her when required or demanded
is begin delete fifty cents ($0.50) end delete begin insert two dollars ($2) end insert a page, except that when
correct copies are furnished to him or her for use no charge shall
be made for those copies.

SEC. 21.  

Section 26728.1 of the Government Code is amended
to read:

26728.1.  

The fee for preparing and posting additionally required
notices of personal property sales is begin delete ten dollars ($10) end delete begin insert twenty dollars
($20) end insert each.

SEC. 22.  

Section 26729 of the Government Code is amended
to read:

26729.  

The fee for furnishing a notice for publication is begin delete ten
dollars ($10). end delete begin insert twenty dollars ($20). end insert

SEC. 23.  

Section 26730 of the Government Code is amended
to read:

26730.  

The fee for conducting or postponing the sale of real
or personal property as required by law or the litigant is begin delete eighty-five
dollars ($85). end delete begin insert one hundred dollars ($100). end insert

SEC. 24.  

Section 26731 of the Government Code is amended
to read:

26731.  

begin delete Fifteen dollars ($15) end delete begin insert (a) end insert begin insert   end insert begin insert Twenty-five dollars ($25) end insert of
any fee collected by the sheriff’s civil division or marshal under
Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5,
26734, 26736, 26738, 26742, 26743, 26744, and 26750 begin delete of the
Government Code end delete shall be deposited in a special fund in the county
treasury. A separate accounting of funds deposited shall be
maintained for each depositor, and funds deposited shall be for
the exclusive use of the sheriff’s civil division or marshal.

begin delete

Ninety-five

end delete

begin insert (b) end insert begin insert   end insert begin insert Ninety-five end insert percent of the moneys in the special fund shall
be expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment
and furnishings for automated systems or other nonautomated
operational equipment and furnishings deemed necessary by the
sheriff’s civil division or marshal. Five percent of the moneys in
the special fund shall be used to supplement the expenses of the
sheriff’s civil division or marshal in administering the funds.

begin delete

This section shall become operative on January 1, 2011.

end delete

SEC. 25.  

Section 26733.5 of the Government Code is amended
to read:

26733.5.  

The fee for serving a writ of possession of real
property on an occupant or the occupants or for posting and serving
a copy on the judgment debtor is begin delete seventy-five dollars ($75). end delete begin insert one
hundred dollars ($100). end insert The additional fee for removing an
occupant or occupants from the premises and putting a person in
possession of the premises is begin delete fifty dollars ($50). end delete begin insert one hundred
dollars ($100). end insert The fee for reposting begin delete of end delete a notice to vacate shall be
pursuant to Section 26721.

SEC. 26.  

Section 26736 of the Government Code is amended
to read:

26736.  

The fee for cancellation of the service or execution of
any process or notice begin insert , other than a summons, end insert prior to its completion
begin delete shall be thirty-five end delete begin insert end insert begin delete dollars ($35). end delete begin insert is fifty dollars ($50). end insert The fee
provided by this section shall not be charged begin delete where end delete begin insert if end insert a begin delete charge end delete begin insert fee end insert
is begin delete made end delete begin insert charged end insert pursuant to any other section of this article in
attempting to serve or execute the process or notice.

begin delete

This section shall become operative on January 1, 2011.

end delete

SEC. 27.  

Section 26738 of the Government Code is amended
to read:

26738.  

The fee for making a not-found return on begin delete a summons, end delete
begin insert an end insert affidavit and order, order for appearance, subpoena, writ of
attachment, writ of execution, writ of possession, order for delivery
of personal property, or other process or notice required to be
served, certifying that the person or property cannot be found at
the address specified is begin delete thirty-five dollars ($35). end delete begin insert fifty dollars ($50). end insert

begin delete

This section shall become operative on January 1, 2011.

end delete

SEC. 28.  

Section 26740 of the Government Code is amended
to read:

26740.  

The fee for the execution and delivery of a deed or
certificate of redemption is begin delete ten dollars ($10). end delete begin insert twenty dollars ($20). end insert

SEC. 29.  

Section 26741 of the Government Code is amended
to read:

26741.  

The fee for executing and delivering a certificate or
deed of sale is begin delete ten end delete begin delete dollars ($10). end delete begin insert twenty dollars ($20). end insert

SEC. 30.  

Section 26744 of the Government Code is repealed.

begin delete

26744.  

The fee for serving or executing a bench warrant arising
from an order of appearance issued under subparagraph (A) of
paragraph (1) of subdivision (a) of Section 491.160 or subparagraph
(A) of paragraph (1) of subdivision (a) of Section 708.170 of the
Code of Civil Procedure is fifty dollars ($50).

end delete

SEC. 31.  

Section 26744.5 of the Government Code is amended
to read:

26744.5.  

(a) The fees for processing a warrant issued pursuant
to Section 1993 of the Code of Civil Procedure shall be paid by
the moving party, as follows:

(1)  begin delete Thirty-five dollars ($35) end delete begin insert Fifty dollars ($50) end insert to receive and
process the warrant, which shall include the issuance and mailing
of a notice advising the person to be arrested of the issuance of
the warrant and demanding that the person appear in court.

(2)  begin delete Thirty-five dollars ($35) end delete begin insert Fifty dollars ($50) end insert to cancel the
service of the warrant.

(3)  begin delete Seventy-five dollars ($75) end delete begin insert One hundred dollars ($100) end insert if
unable to find the person at the address specified using due
diligence.

(4)  begin delete Eighty-five dollars ($85) end delete begin insert One hundred dollars ($100) end insert to
arrest the person, which shall include the arrest and release of the
person on a promise to appear pursuant to Section 1993.2 of the
Code of Civil Procedure.

(b) The in forma pauperis fee waiver provisions under Rules
3.50 to begin delete 3.63, end delete begin insert 3.58, end insert inclusive, of the California Rules of Court shall
apply to the collection of fees under this section.

begin delete

(c) This section shall become operative on January 1, 2011.

end delete

SEC. 32.  

Section 26746 of the Government Code is amended
to read:

26746.  

begin insert (a) end insert begin insert   end insert In addition to any other fees required by law, a
processing fee of begin delete twelve dollars ($12) end delete begin insert fifteen dollars ($15) end insert shall
be assessed for each disbursement of money collected under a writ
of attachment, execution, possession, or sale, but excluding any
action by the local child support agency for the establishment or
enforcement of a child support obligation. The fee shall be
collected from the judgment debtor in addition to, and in the same
manner as, the moneys collected under the writ. All proceeds of
this fee shall be deposited in a special fund in the county treasury.
A separate accounting of funds deposited shall be maintained for
each depositor, and funds deposited shall be for the exclusive use
of the depositor.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert special fund shall be expended to supplement the
county’s cost for vehicle fleet replacement and equipment,
maintenance, and civil process operations begin insert , including data systems
and consultant services end insert .

begin delete

A

end delete

begin insert (c) end insert begin insert   end insert begin insert A processing end insert fee begin delete may end delete begin insert shall end insert not be charged begin insert pursuant to this
section end insert if the only disbursement is the return of the judgment
creditor’s deposit for costs.

SEC. 33.  

Section 26746.1 of the Government Code is amended
to read:

26746.1.  

begin delete A seventeen-dollar ($17) end delete begin insert (a) end insert begin insert   end insert begin insert A twenty-five dollar
($25) end insert fee shall be assessed by the sheriff or marshal for certification
of correction on each citation that requires inspection for proof of
correction of any violation pursuant to Section 40616 of the Vehicle
Code.

begin delete

All

end delete

begin insert (b) end insert begin insert   end insert begin insert All end insert proceeds of the fee shall be deposited in a special fund
in the county treasury. A separate accounting of funds deposited
shall be maintained for each depositor, and funds deposited shall
be for the exclusive use of the sheriff’s civil division or marshal.

begin delete

Ninety-five

end delete

begin insert (c) end insert begin insert   end insert begin insert Ninety-five end insert percent of the moneys in the special fund shall
be expended to supplement the costs of the depositor for the
implementation, maintenance, and purchase of auxiliary equipment
and furnishings for automated systems or other nonautomated
operational equipment and furnishings deemed necessary by the
sheriff’s civil division or marshal. Five percent of the moneys in
the special fund shall be used to supplement the expenses of the
sheriff’s civil division or marshal in administering the funds.

begin delete

This section shall become operative on January 1, 2011.

end delete

SEC. 34.  

Section 26750 of the Government Code is amended
to read:

26750.  

(a) The fee for serving an earnings withholding order
under the Wage Garnishment Law (Chapter 5 (commencing with
Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of
Civil Procedure), including, but not limited to, the costs of postage
or traveling, and for performing all other duties of the levying
officer under that law with respect to the levy shall be begin delete thirty dollars
($30). end delete begin insert fifty dollars ($50). end insert

(b) Except as provided in Section 26746, begin delete no additional fees,
costs, or expenses may be charged by end delete the levying officer begin insert shall not
charge additional fees, costs, or expenses end insert for performing the duties
under the Wage Garnishment Law (Chapter 5 (commencing with
Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of
Civil Procedure).

begin delete

(c) This section shall become operative on January 1, 2008.

end delete

SEC. 35.  

Section 166 of the Penal Code is amended to read:

166.  

(a) Except as provided in subdivisions (b), (c), and (d),
a person guilty of any of the following contempts of court is guilty
of a misdemeanor:

(1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of a court of justice, in the immediate view and
presence of the court, and directly tending to interrupt its
proceedings or to impair the respect due to its authority.

(2) Behavior specified in paragraph (1) that is committed in the
presence of a referee, while actually engaged in a trial or hearing,
pursuant to the order of a court, or in the presence of any jury while
actually sitting for the trial of a cause, or upon an inquest or other
proceeding authorized by law.

(3) A breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of the court.

(4) Willful disobedience of the terms as written of any process
or court order or out-of-state court order, lawfully issued by a
court, including orders pending trial.

(5) Resistance willfully offered by any person to the lawful
order or process of a court.

(6) Willful disobedience by a juror of a court admonishment
related to the prohibition on any form of communication or research
about the case, including all forms of electronic or wireless
communication or research.

(7) The contumacious and unlawful refusal of a person to be
sworn as a witness or, when so sworn, the like refusal to answer
a material question.

(8) The publication of a false or grossly inaccurate report of the
proceedings of a court.

(9) Presenting to a court having power to pass sentence upon a
prisoner under conviction, or to a member of the court, an affidavit,
testimony, or representation of any kind, verbal or written, in
aggravation or mitigation of the punishment to be imposed upon
the prisoner, except as provided in this code.

(10) Willful disobedience of the terms of an injunction that
restrains the activities of a criminal street gang or any of its
members, lawfully issued by a court, including an order pending
trial.

(b) (1) A person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim
by telephone or mail, or directly, and who has been previously
convicted of a violation of Section 646.9 shall be punished by
imprisonment in a county jail for not more than one year, by a fine
of five thousand dollars ($5,000), or by both that fine and
imprisonment.

(2) For begin delete the end delete purposes of sentencing under this subdivision, each
contact shall constitute a separate violation of this subdivision.

(3) The present incarceration of a person who makes contact
with a victim in violation of paragraph (1) is not a defense to a
violation of this subdivision.

(c) (1) Notwithstanding paragraph (4) of subdivision (a), a
willful and knowing violation of a protective order or stay-away
court order described as follows shall constitute contempt of court,
a misdemeanor, punishable by imprisonment in a county jail for
not more than one year, by a fine of not more than one thousand
dollars ($1,000), or by both that imprisonment and fine:

(A) An order issued pursuant to Section 136.2.

(B) An order issued pursuant to paragraph (2) of subdivision
(a) of Section 1203.097.

(C) An order issued as a condition of probation after a conviction
in a criminal proceeding involving elder or dependent adult abuse,
as defined in Section 368.

(D) An order issued pursuant to Section 1201.3.

(E) An order described in paragraph (3).

(2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48 hours,
whether a fine or imprisonment is imposed, or the sentence is
suspended.

(3) Paragraphs (1) and (2) apply to the following court orders:

(A) An order issued pursuant to Section 6320 or 6389 of the
Family Code.

(B) An order excluding one party from the family dwelling or
from the dwelling of the other.

(C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described
in paragraph (1).

(4) A second or subsequent conviction for a violation of an order
described in paragraph (1) occurring within seven years of a prior
conviction for a violation of any of those orders and involving an
act of violence or “a credible threat” of violence, as provided in
subdivision (c) of Section 139, is punishable by imprisonment in
a county jail not to exceed one year, or in the state prison for 16
months or two or three years.

(5) The prosecuting agency of each county shall have the
primary responsibility for the enforcement of the orders described
in paragraph (1).

(d) (1) A person who owns, possesses, purchases, or receives
a firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8
of the Code of Civil Procedure, shall be punished under Section
29825.

(2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.

(e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with
Section 1203.097.

(2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu
of a fine, one or both of the following requirements:

(A) That the defendant make payments to a battered women’s
shelter, up to a maximum of one thousand dollars ($1,000).

(B) That the defendant provide restitution to reimburse the
victim for reasonable costs of counseling and other reasonable
expenses that the court finds are the direct result of the defendant’s
offense.

(3) For an order to pay a fine, make payments to a battered
women’s shelter, or pay restitution as a condition of probation
under this subdivision or subdivision (c), the court shall make a
determination of the defendant’s ability to pay. In no event shall
an order to make payments to a battered women’s shelter be made
if it would impair the ability of the defendant to pay direct
restitution to the victim or court-ordered child support.

(4) If the injury to a married person is caused in whole, or in
part, by the criminal acts of his or her spouse in violation of
subdivision (c), the community property shall not be used to
discharge the liability of the offending spouse for restitution to the
injured spouse required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents required by this
subdivision, until all separate property of the offending spouse is
exhausted.

(5) A person violating an order described in subdivision (c) may
be punished for any substantive offenses described under Section
136.1 or 646.9. A finding of contempt shall not be a bar to
prosecution for a violation of Section 136.1 or 646.9. However, a
person held in contempt for a violation of subdivision (c) shall be
entitled to credit for any punishment imposed as a result of that
violation against any sentence imposed upon conviction of an
offense described in Section 136.1 or 646.9. A conviction or
acquittal for a substantive offense under Section 136.1 or 646.9
shall be a bar to a subsequent punishment for contempt arising out
of the same act.

begin insert

(f) A person convicted of contempt of court under paragraph
(5) of subdivision (a) for willfully resisting or delaying a sheriff
or marshal during the execution of any pre-judgment or
post-judgment writ or other court order may be ordered to pay
restitution to the county for any extraordinary costs necessarily
incurred by the sheriff or marshal to overcome resistance to the
process of the court, including costs for personnel, specialized
services, and specialized equipment. The order for restitution may
be enforced by the county in the same manner as a money
judgment. Funds collected pursuant to this subdivision shall be
remitted to the sheriff or marshal.

end insert

SEC. 36.  

Section 1214.2 of the Penal Code is amended to read:

1214.2.  

(a) Except as provided in subdivision (c), if a defendant
is ordered to pay a fine as a condition of probation, the order to
pay a fine may be enforced during the term of probation in the
same manner as is provided for the enforcement of money
judgments.

(b) Except as provided in subdivision (c), an order to pay a fine
as a condition of probation may also be enforced as follows:

(1) With respect to a willful failure to pay during the term of
probation, in the same manner as a violation of the terms and
conditions of probation.

(2) If any balance remains unpaid at the end of the term of
probation, in the same manner as a judgment in a civil action.

(c) If an order to pay a fine as a condition of probation is stayed,
a writ of execution shall not issue until the stay is lifted.

begin insert

(d) Upon request of the prosecutor, a sheriff may access the
criminal offender record information of a defendant to identify the
employer of the defendant. The prosecutor may then seek to obtain
a writ of execution from the court and file with the sheriff the writ
and an application to levy on the defendant’s wages, pursuant to
the Wage Garnishment Law (Chapter 5 (commencing with Section
706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil
Procedure).

end insert begin insert

(1) The prosecutor is deemed to be the attorney of record and
the People of the State of California is deemed to be the creditor
in a wage garnishment levy made pursuant to this subdivision.

end insert begin insert

(2) The sheriff shall first deduct from the wages remitted by the
defendant’s employer the amount specified by Section 26725.2 of
the Government Code. The balance of withheld wages shall be
remitted to the prosecutor for disbursement to the court or to the
court directly, if so instructed by the prosecutor.

end insert begin insert

(3) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2016, deletes or extends that date.

end insert

SEC. 37.  

Section 1214.2 is added to the Penal Code, to read:

1214.2.  

(a) Except as provided in subdivision (c), if a defendant
is ordered to pay a fine as a condition of probation, the order to
pay a fine may be enforced during the term of probation in the
same manner as is provided for the enforcement of money
judgments.

(b) Except as provided in subdivision (c), an order to pay a fine
as a condition of probation may also be enforced as follows:

(1) With respect to a willful failure to pay during the term of
probation, in the same manner as a violation of the terms and
conditions of probation.

(2) If any balance remains unpaid at the end of the term of
probation, in the same manner as a judgment in a civil action.

(c) If an order to pay a fine as a condition of probation is stayed,
a writ of execution shall not issue until the stay is lifted.

(d) This section is operative on and after January 1, 2016.