AB 1417, as amended, 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 deletebegin 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 aend deletebegin insert
the prohibition against a clerk charging a fee for services rendered in anyend insert criminal action. The bill would alsobegin insert revise the provision prohibiting a clerk from end insertbegin insertcharging a fee for service, as described above, and would insteadend insert 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) A fee shall not be charged by the clerk for service
4rendered to the petitioner in any adoption proceeding except as
5provided 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. A fee
9shall not 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) A fee shall not be charged by the clerk for services rendered
14in any criminal action unless otherwise specifically authorized by
15law.
16(c)
end delete
17begin insert(b)end insert A fee shall not be charged by the clerk for the performance
18of an official service rendered in an action to a municipality or
19county in the state, to the state government, or to the United States
20or an officer thereof acting in his or her official capacity.
21(d)
end delete
22begin insert(c)end insert For purposes of this section, “official service” includes filing,
23certifying, or copying a document.
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