AB 1417, as introduced, Melendez. Court fees: services of the clerk.
Existing law prohibits the clerk of the court from charging a fee for services rendered in any criminal action unless otherwise specifically authorized by law, except that the clerk may charge a specified fee for making or certifying to a copy of any filed paper, record, or proceeding in a criminal action. Existing law also prohibits a clerk from charging a fee for service to a municipality or county in the state, to the state government, or to the United States or an officer of the United States acting in his or her official capacity.
This bill would delete the authority of the clerk to charge that fee for making or certifying to a copy of any filed paper, record, or proceeding in a criminal action. The bill would also prohibit a clerk from charging a fee for the performance of an official service rendered in an action to a municipality or county in the state, to the state government, or to the United States or an officer thereof acting in his or her official capacity. The bill would define “official service” to include filing, certifying, or copying a document. The bill would make other nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 70633 of the Government Code is
2amended to read:
(a) begin deleteNo end deletebegin insertA end insertfee shallbegin insert notend insert be charged by the clerk for
4service rendered to the petitioner in any adoption proceeding except
5as provided in Section 103730 of the Health and Safety Code, nor
6shall any fees be charged for any service to the state or for any
7proceeding brought pursuant to Section 7841 of the Family Code
8to declare a minor free from parental custody or control.begin delete Noend deletebegin insert
Aend insert fee
9shallbegin insert notend insert be charged by the clerk for services rendered in an action
10to compel registration of a voter under Section 2142 of the
11Elections Code or to compel counting of provisional ballots under
12Section 14310 of the Elections Code.
13(b) begin deleteNo end deletebegin insertA end insertfee shallbegin insert notend insert be charged by the clerk for services
14rendered in any criminal action unless otherwise specifically
15authorized by lawbegin delete, except that the clerk may charge the fee .
16specified in Section 70627 for making or certifying to a copy of
17any filed paper, record, or proceeding in a criminal action. If a
18criminal defendant has been granted a fee waiver or the court finds
19that the defendant does not have the ability to pay the fee, the court
20may reduce or waive the feeend delete
21(c) begin deleteExcept as permitted in subdivision (b), no end deletebegin insertA end insertfee shallbegin insert notend insert be
22charged by the clerk forbegin insert the performance of an officialend insert service
23begin insert rendered in an actionend insert tobegin delete anyend deletebegin insert aend insert municipality or county in the state,
24to the state government,begin delete norend deletebegin insert
orend insert to the United Statesbegin delete of America or begin insert or an officer thereofend insert acting in his or her official
25any of its officersend delete
26capacity.
27(d) For purposes of this section, “official service” includes
28filing, certifying, or copying a document.
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