Amended in Assembly March 28, 2014

Amended in Assembly March 18, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2256

Introduced by Assembly Member Garcia

February 21, 2014

An act to amend Sections begin insert 262.7, end insert 415.21, 415.95, 491.160, 684.115,708.170, and 1993 of the Code of Civil Procedure, to amend Sections begin delete 6103.2, end delete 6103.3, begin delete 6103.9, end delete 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, begin delete to add Section 26725.2 to, end delete and to repeal Section 26744 of, the Government Code, begin delete and to amend, repeal, and add Section 1214.2 of the Penal Code, end delete relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

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

begin insert

(1) In an action against a sheriff, existing law provides that any person who is a citizen of the United States over the age of 18 years is authorized to serve all process and orders in that action, as specified.

end insert begin insert

This bill would instead authorize any person to serve all process and orders in an action against a sheriff.

end insert begin delete

(1)

end delete

begin insert (2) end insert  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 prohibit a sheriff or marshal from serving a summons on a business organization without ascertaining the form of the organization.

begin delete

(2)

end delete

begin insert (3) end insert  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.

begin delete

(3)

end delete

begin insert (4) end insert  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.

This bill would instead require the financial institution to respond to the legal process, as specified, if service of legal process is ineffective.

begin delete

(4)

end delete

begin insert (5) end insert  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.

begin delete

(5)

end delete

begin insert (6) end insert  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.

begin delete

(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.

end delete begin delete

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.

end delete begin delete

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

end delete begin delete

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.

end delete

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 262.7 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

262.7.  

begin delete When any end delete begin insert If an end insert action is begun against begin delete the end delete begin insert a end insert sheriff, all
process and orders may be served by any begin delete person, a citizen of the
United States over the age of 18 years, end delete begin insert person end insert in the manner
provided in this code.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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

415.21.  

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. begin delete end delete

 

begin delete

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

end delete

 

begin delete

  

  

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.

end delete

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.

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

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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 directed to any peace officer, 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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) If a financial institution required to designate a central
location fails 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. If the service of legal process is ineffective, the
financial institution shall 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 process.
Rather, 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 a request made
pursuant to subdivision (h) that affects 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.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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 directed to any peace officer, 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.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

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 or to release on the person’s own recognizance. A 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).

begin delete

SEC. 7.  

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

(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.

(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) (A) 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 (Domestic Violence
Prevention Act), 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).

(B) Notwithstanding subparagraph (A), 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 3.58,
inclusive, of the California Rules of Court. The fees for service,
cancellation of service, and making a not-found return shall not
exceed the amounts provided in Sections 26721, 26736, and 26738,
respectively, and are subject to the provisions of Section 26731.

end delete

SEC. 8.  

Section 6103.3 of the Government Code is amended
to read:

6103.3.  

(a) (1) For any order or injunction described in
begin delete subparagraph (A) of end delete paragraph (4) of subdivision (b) of Section
6103.2, 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 begin delete email end delete begin insert e-mail end insert
address at which the protected person may be contacted for this
purpose.

(2) 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.

(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.

(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

SEC. 9.  

Section 6103.9 of the Government Code is amended
to read:

6103.9.  

(a) Notwithstanding any other 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
filing fees, in an 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 the 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. Reimbursement
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.

end delete

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 26720.9 of the Government Code is amended
to read:

26720.9.  

Notwithstanding any other law, the amounts set forth
in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and
26743 shall be forty dollars ($40).

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

Section 26721 of the Government Code is amended
to read:

26721.  

(a) 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.

(b) In 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, a fee shall not be
charged for that service.

begin delete SEC. 12. end delete
begin insert SEC. 11. end insert   

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 forty dollars
($40).

(b) The fee for cancellation of the service of a summons prior
to its completion is forty dollars ($40).

(c) The fee for making a not-found return on a summons
certifying that the person cannot be found at the address specified
is forty dollars ($40).

begin delete SEC. 13. end delete
begin insert SEC. 12. end insert   

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 one hundred dollars
($100).

begin delete SEC. 14. end delete
begin insert SEC. 13. end insert   

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 thirty-five dollars ($135).

begin delete SEC. 15. end delete
begin insert SEC. 14. end insert   

Section 26725.1 of the Government Code is amended
to read:

26725.1.  

The fee for serving or posting any additionally
required notices or orders on other parcels is twenty dollars ($20)
each.

begin delete

SEC. 16.  

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.

end delete

begin delete SEC. 17. end delete
begin insert SEC. 15. end insert   

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 is one hundred
forty dollars ($140) 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 begin delete thanthree end delete begin insert than three end insert hundred dollars ($300)
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 forty dollars ($40) for each day custody is maintained
after the first day.

(c) Notwithstanding any other fee charged, a keeper shall receive
sixty dollars ($60) when, pursuant to Section 26738, a levying
officer prepares a not-found return.

begin delete SEC. 18. end delete
begin insert SEC. 16. end insert   

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 one dollar ($1) per page, except that when correct copies are
furnished to him or her for use no charge shall be made for those
copies.

begin delete SEC. 19. end delete
begin insert SEC. 17. end insert   

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 fifteen dollars ($15) each.

begin delete SEC. 20. end delete
begin insert SEC. 18. end insert   

Section 26729 of the Government Code is amended
to read:

26729.  

The fee for furnishing a notice for publication is fifteen
dollars ($15).

begin delete SEC. 21. end delete
begin insert SEC. 19. end insert   

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 ninety
dollars ($90).

begin delete SEC. 22. end delete
begin insert SEC. 20. end insert   

Section 26731 of the Government Code is amended
to read:

26731.  

(a) Eighteen dollars ($18) 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 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.

(b) Ninety-five 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 SEC. 23. end delete
begin insert SEC. 21. end insert   

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 eighty-five dollars ($85). The
additional fee for removing an occupant or occupants from the
premises and putting a person in possession of the premises is sixty
dollars ($60). The fee for reposting a notice to vacate shall be
pursuant to Section 26721.

begin delete SEC. 24. end delete
begin insert SEC. 22. end insert   

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, other than a summons, prior to its completion
is forty dollars ($40). The fee provided by this section shall not be
charged if a fee is charged pursuant to any other section of this
article in attempting to serve or execute the process or notice.

begin delete SEC. 25. end delete
begin insert SEC. 23. end insert   

Section 26738 of the Government Code is amended
to read:

26738.  

The fee for making a not-found return on an 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 forty dollars ($40).

begin delete SEC. 26. end delete
begin insert SEC. 24. end insert   

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 fifteen dollars ($15).

begin delete SEC. 27. end delete
begin insert SEC. 25. end insert   

Section 26741 of the Government Code is amended
to read:

26741.  

The fee for executing and delivering a certificate or
deed of sale is fifteen dollars ($15).

begin delete SEC. 28. end delete
begin insert SEC. 26. end insert   

Section 26744 of the Government Code is repealed.

begin delete SEC. 29. end delete
begin insert SEC. 27. end insert   

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) Forty dollars ($40) 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) Thirty-five dollars ($35) to cancel the service of the warrant.

(3) Eighty-five dollars ($85) if unable to find the person at the
address specified using due diligence.

(4) One hundred dollars ($100) 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 3.58, inclusive, of the California Rules of Court shall apply
to the collection of fees under this section.

begin delete SEC. 30. end delete
begin insert SEC. 28. end insert   

Section 26746 of the Government Code is amended
to read:

26746.  

(a) In addition to any other fees required by law, a
processing fee of thirteen dollars ($13) 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.

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

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

begin delete SEC. 31. end delete
begin insert SEC. 29. end insert   

Section 26746.1 of the Government Code is amended
to read:

26746.1.  

(a) A twenty dollar ($20) 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.

(b) All 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.

(c) Ninety-five 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 SEC. 32. end delete
begin insert SEC. 30. end insert   

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 thirty-five
dollars ($35).

(b) Except as provided in Section 26746, the levying officer
shall not charge additional fees, costs, or expenses 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

SEC. 33.  

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.

(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).

(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.

(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.

(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.

SEC. 34.  

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.

end delete