BILL NUMBER: AB 2101 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Gordon
FEBRUARY 17, 2016
An act to amend Section 177.5 of the Code of Civil Procedure,
relating to court sanctions.
LEGISLATIVE COUNSEL'S DIGEST
AB 2101, as introduced, Gordon. Sanctions: jurors.
Existing law authorizes a judicial officer to impose reasonable
money sanctions, not to exceed $1,500, payable to the court, for any
violation of a lawful court order by a person, done without good
cause or substantial justification. For purposes of this provision,
the term "person" includes a witness, a party, or a party's attorney.
This bill would provide that the term "person" also includes a
juror. The bill would make other technical, nonsubstantive changes.
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 177.5 of the Code of Civil Procedure is amended
to read:
177.5. (a) A judicial officer shall have
the power to impose reasonable money sanctions, not to exceed fifteen
hundred dollars ($1,500), notwithstanding any other provision of
law, payable to the court, for any violation of a lawful court order
by a person, done without good cause or substantial justification.
This power shall not apply to advocacy of counsel before the court.
For the purposes of this section, the term "person" includes a
witness, a juror, a party, or a party's
attorney, or both. attorney.
Sanctions
(b) Sanctions shall not be imposed
pursuant to this section shall not be imposed
except on notice contained in a party's moving or
responding papers; papers, or on the
court's own motion, after notice and opportunity to be heard. An
order imposing sanctions shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.