AB 2101, as amended, 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.
Existing law requires that certain fees and fines collected by superior courts, including the money sanctions described above, be deposited into a bank account established by the Administrative Office of the Courts for distribution, as specified, with the balance transmitted to the State Treasury for deposit in the Trial Court Trust Fund and other funds as required by law.
This bill would require the Judicial Council to solicit courts for participation in a pilot project in which judicial officers of participating counties would be authorized by the bill to impose reasonable monetary sanctions, not to exceed $1,500, on an impaneled juror for any knowing violation of a lawful court order, done without good cause or substantial justification, that is supported by clear and convincing evidence. The bill would require that these monetary sanctions be deposited into a bank account for distribution, as described above, with the balance deposited into the Trial Court Trust Fund and other funds. The bill would require the Judicial Council to conduct an evaluation of the pilot project and report the results to the Governor and the Legislature on or before January 1, 2021. The bill would repeal these provisions on January 1, 2022.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 177.6 is added to the Code of Civil
2Procedure, to read:
(a) Notwithstanding any other law, a judicial officer of
4a court selected pursuant to subdivision (c) for participation in the
5pilot project established pursuant to this section may impose
6reasonable monetary sanctions, not to exceed one thousand five
7hundred dollars ($1,500), payable to the court, on an impaneled
8juror for any knowing violation of a lawful court order, done
9without good cause or substantial justification, that is supported
10by clear and convincing evidence.
11(b) Sanctions shall not be imposed pursuant to this section except
12on notice contained in a party’s moving or responding papers, or
13on the court’s own motion, after notice and an opportunity to be
14heard.
An order imposing sanctions shall be in writing and shall
15recite in detail the conduct or circumstances justifying the order.
16(c) On or before July 1, 2017, the Judicial Council shall solicit
17the participation of a representative sample of courts, taking into
18account size, geography, and other factors identified by the council,
19for participation in a pilot project to evaluate the effectiveness of
20this section. This section applies only to those courts participating
21in the pilot project.
22(d) The Judicial Council shall conduct an evaluation of the pilot
23project established pursuant to this section and shall report the
24results of the pilot project to the Governor and the Legislature on
25or before January 1, 2021. The report shall also examine whether
26the imposition of sanctions affects the
number of prospective jurors
P3 1who report for jury duty. The report shall be submitted in
2compliance with Section 9795 of the Government Code.
3(e) This section shall remain in effect only until January 1, 2022,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2022, deletes or extends that date.
Section 68085.1 of the Government Code, as amended
7by Section 19 of Chapter 41 of the Statutes of 2012, is amended
8to read:
(a) This section applies to all fees and fines that are
10collected on or after January 1, 2006, under all of the following:
11(1) Sections 177.5, 177.6, 209, 403.060, 491.150, 631.3,
12683.150, 704.750, 708.160, 724.100, 1134, 1161.2, 1218, and
131993.2 of, subdivision (g) of Section 411.20 and subdivisions (c)
14and (g) of Section 411.21 of, subdivision (b) of Section 631 of,
15and Chapter 5.5 (commencing with Section 116.110) of Title 1 of
16Part 1 of, the Code of Civil Procedure.
17(2) Section 3112 of the Family Code.
18(3) Section 31622 of the Food and Agricultural Code.
19(4) Subdivision (d) of Section 6103.5, Sections 68086 and
2068086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
2169953.5, and Chapter 5.8 (commencing with Section 70600).
22(5) Section 103470 of the Health and Safety Code.
23(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
24of the Penal Code.
25(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
26Code.
27(8) Sections 14607.6 and 16373 of the Vehicle Code.
28(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
29of the Family Code, and Section 1513.1 of the Probate Code, if
30the reimbursement is for expenses
incurred by the court.
31(10) Section 3153 of the Family Code, if the amount is paid to
32the court for the cost of counsel appointed by the court to represent
33a child.
34(b) On and after January 1, 2006, each superior court shall
35deposit all fees and fines listed in subdivision (a), as soon as
36practicable after collection and on a regular basis, into a bank
37account established for this purpose by the Administrative Office
38of the Courts. Upon direction of the Administrative Office of the
39Courts, the county shall deposit civil assessments under Section
401214.1 of the Penal Code and any other money it collects under
P4 1the sections listed in subdivision (a) as soon as practicable after
2collection and on a regular basis into the bank account established
3for this purpose and specified by the Administrative Office of the
4Courts. The deposits shall be made as required by rules adopted
5by, and
financial policies and procedures authorized by, the Judicial
6Council under subdivision (a) of Section 77206. Within 15 days
7after the end of the month in which the fees and fines are collected,
8each court, and each county that collects any fines or fees under
9subdivision (a), shall provide the Administrative Office of the
10Courts with a report of the fees by categories as specified by the
11Administrative Office of the Courts. The Administrative Office
12of the Courts and any court may agree upon a time period greater
13than 15 days, but in no case more than 30 days after the end of the
14month in which the fees and fines are collected. The fees and fines
15listed in subdivision (a) shall be distributed as provided in this
16section.
17(c) (1) Within 45 calendar days after the end of the month in
18which the fees and fines listed in subdivision (a) are collected, the
19Administrative Office of the Courts shall make the following
20
distributions:
21(A) To the small claims advisory services, as described in
22subdivision (f) of Section 116.230 of the Code of Civil Procedure.
23(B) To dispute resolution programs, as described in subdivision
24(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
25(C) To the county law library funds, as described in Sections
26116.230 and 116.760 of the Code of Civil Procedure, subdivision
27(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
28Section 70621 of this code, and Section 14607.6 of the Vehicle
29Code.
30(D) To the courthouse construction funds in the Counties of
31Riverside, San Bernardino, and San Francisco, as described in
32Sections 70622, 70624, and 70625.
33(2) If any
distribution under this subdivision is delinquent, the
34Administrative Office of the Courts shall add a penalty to the
35distribution as specified in subdivision (i).
36(d) Within 45 calendar days after the end of the month in which
37the fees and fines listed in subdivision (a) are collected, the
38amounts remaining after the distributions in subdivision (c) shall
39be transmitted to the State Treasury for deposit in the Trial Court
40Trust Fund and other funds as required by law. This remittance
P5 1shall be accompanied by a remittance advice identifying the
2collection month and the appropriate account in the Trial Court
3Trust Fund or other fund to which it is to be deposited. Upon the
4receipt of any delinquent payment required under this subdivision,
5the Controller shall calculate a penalty as provided under
6subdivision (i).
7(e) From the money transmitted to the State Treasury under
8subdivision
(d), the Controller shall make deposits as follows:
9(1) Into the State Court Facilities Construction Fund, the Judges’
10Retirement Fund, and the Equal Access Fund, as described in
11subdivision (c) of Section 68085.3 and subdivision (c) of Section
1268085.4.
13(2) Into the Health Statistics Special Fund, as described in
14subdivision (b) of Section 70670 of this code and Section 103730
15of the Health and Safety Code.
16(3) Into the Family Law Trust Fund, as described in Section
1770674.
18(4) Into the Immediate and Critical Needs Account of the State
19Court Facilities Construction Fund, established in Section 70371.5,
20as described in Sections 68085.3, 68085.4, and 70657.5, and
21subdivision (e) of Section 70617.
22(5) The remainder of the money shall be deposited into the Trial
23Court Trust Fund.
24(f) The amounts collected by each superior court under Section
25116.232, subdivision (g) of Section 411.20, and subdivision (g) of
26Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
273153, 7851.5, and 9002 of the Family Code, subdivision (d) of
28Section 6103.5, subdivision (d) of Section 68511.3 and Sections
2968926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
30of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
31Probate Code shall be added to the monthly apportionment for that
32court under subdivision (a) of Section 68085.
33(g) If any of the fees provided in subdivision (a) are partially
34waived by court order or otherwise reduced, and the fee is to be
35divided between the Trial Court Trust Fund and any other fund or
36account, the amount of the reduction
shall be deducted from the
37amount to be distributed to each fund in the same proportion as
38the amount of each distribution bears to the total amount of the
39fee. If the fee is paid by installment payments, the amount
40distributed to each fund or account from each installment shall
P6 1bear the same proportion to the installment payment as the full
2distribution to that fund or account does to the full fee. If a court
3collects a fee that was incurred before January 1, 2006, under a
4provision that was the predecessor to one of the paragraphs
5contained in subdivision (a), the fee may be deposited as if it were
6collected under the paragraph of subdivision (a) that corresponds
7to the predecessor of that paragraph and distributed in prorated
8amounts to each fund or account to which the fee in subdivision
9(a) must be distributed.
10(h) Except as provided in Sections 470.5 and 6322.1 of the
11Business and Professions Code, and Sections 70622, 70624, and
1270625 of
this code, no agency may take action to change the
13amounts allocated to any of the funds described in subdivision (c),
14(d), or (e).
15(i) The amount of the penalty on any delinquent payment under
16subdivision (c) or (d) shall be calculated by multiplying the amount
17of the delinquent payment at a daily rate equivalent to 11⁄2 percent
18per month for the number of days the payment is delinquent. The
19penalty shall be paid from the Trial Court Trust Fund. Penalties
20on delinquent payments under subdivision (d) shall be calculated
21only on the amounts to be distributed to the Trial Court Trust Fund
22and the State Court Facilities Construction Fund, and each penalty
23shall be distributed proportionately to the funds to which the
24delinquent payment was to be distributed.
25(j) If a delinquent payment
under subdivision (c) or (d) results
26from a delinquency by a superior court under subdivision (b), the
27court shall reimburse the Trial Court Trust Fund for the amount
28of the penalty. Notwithstanding Section 77009, any penalty on a
29delinquent payment that a court is required to reimburse pursuant
30to this section shall be paid from the court operations fund for that
31court. The penalty shall be paid by the court to the Trial Court
32Trust Fund no later than 45 days after the end of the month in
33which the penalty was calculated. If the penalty is not paid within
34the specified time, the Administrative Office of the Courts may
35reduce the amount of a subsequent monthly allocation to the court
36by the amount of the penalty on the delinquent payment.
37(k) If a delinquent payment under subdivision (c) or (d) results
38from a delinquency by a county in transmitting fees and fines listed
39in subdivision (a) to the bank account established for this purpose,
40as
described in subdivision (b), the county shall reimburse the Trial
P7 1Court Trust Fund for the amount of the penalty. The penalty shall
2be paid by the county to the Trial Court Trust Fund no later than
345 days after the end of the month in which the penalty was
4calculated.
5(l) This section shall become operative on July 1, 2017.
Section 68085.1 of the Government Code, as amended
7by Section 22 of Chapter 913 of the Statutes of 2014, is amended
8to read:
(a) This section applies to all fees and fines that are
10collected on or after January 1, 2006, under all of the following:
11(1) Sections 177.5, 177.6, 209, 403.060, 491.150, 631.3,
12683.150, 704.750, 708.160, 724.100, 1134, 1161.2, 1218, and
131993.2 of, subdivision (g) of Section 411.20 and subdivisions (c)
14and (g) of Section 411.21 of, subdivision (b) of Section 631 of,
15and Chapter 5.5 (commencing with Section 116.110) of Title 1 of
16 Part 1 of, the Code of Civil Procedure.
17(2) Section 3112 of the Family Code.
18(3) Section 31622 of the Food and Agricultural Code.
19(4) Subdivision (d) of Section 6103.5, Sections 68086 and
2068086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
2169953.5, and Chapter 5.8 (commencing with Section 70600).
22(5) Section 103470 of the Health and Safety Code.
23(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
24of the Penal Code.
25(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
26Code.
27(8) Sections 14607.6 and 16373 of the Vehicle Code.
28(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
29of the Family Code, and Section 1513.1 of the Probate Code, if
30the reimbursement is for expenses
incurred by the court.
31(10) Section 3153 of the Family Code, if the amount is paid to
32the court for the cost of counsel appointed by the court to represent
33a child.
34(b) On and after January 1, 2006, each superior court shall
35deposit all fees and fines listed in subdivision (a), as soon as
36practicable after collection and on a regular basis, into a bank
37account established for this purpose by the Administrative Office
38of the Courts. Upon direction of the Administrative Office of the
39Courts, the county shall deposit civil assessments under Section
401214.1 of the Penal Code and any other money it collects under
P8 1the sections listed in subdivision (a) as soon as practicable after
2collection and on a regular basis into the bank account established
3for this purpose and specified by the Administrative Office of the
4Courts. The deposits shall be made as required by rules adopted
5by, and
financial policies and procedures authorized by, the Judicial
6Council under subdivision (a) of Section 77206. Within 15 days
7after the end of the month in which the fees and fines are collected,
8each court, and each county that collects any fines or fees under
9subdivision (a), shall provide the Administrative Office of the
10Courts with a report of the fees by categories as specified by the
11Administrative Office of the Courts. The Administrative Office
12of the Courts and any court may agree upon a time period greater
13than 15 days, but in no case more than 30 days after the end of the
14month in which the fees and fines are collected. The fees and fines
15listed in subdivision (a) shall be distributed as provided in this
16section.
17(c) (1) Within 45 calendar days after the end of the month in
18which the fees and fines listed in subdivision (a) are collected, the
19Administrative Office of the Courts shall make the following
20
distributions:
21(A) To the small claims advisory services, as described in
22subdivision (f) of Section 116.230 of the Code of Civil Procedure.
23(B) To dispute resolution programs, as described in subdivision
24(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
25(C) To the county law library funds, as described in Sections
26116.230 and 116.760 of the Code of Civil Procedure, subdivision
27(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
28Section 70621 of this code, and Section 14607.6 of the Vehicle
29Code.
30(D) To the courthouse construction funds in the Counties of
31Riverside, San Bernardino, and San Francisco, as described in
32Sections 70622, 70624, and 70625.
33(E) Commencing
July 1, 2011, to the Trial Court Trust Fund,
34as described in subdivision (e) of Section 70626, to be used by the
35Judicial Council to implement and administer the civil
36representation pilot program under Section 68651.
37(2) If any distribution under this subdivision is delinquent, the
38Administrative Office of the Courts shall add a penalty to the
39distribution as specified in subdivision (i).
P9 1(d) Within 45 calendar days after the end of the month in which
2the fees and fines listed in subdivision (a) are collected, the
3amounts remaining after the distributions in subdivision (c) shall
4be transmitted to the State Treasury for deposit in the Trial Court
5Trust Fund and other funds as required by law. This remittance
6shall be accompanied by a remittance advice identifying the
7collection month and the appropriate account in the Trial Court
8Trust Fund or other fund to which it is to be
deposited. Upon the
9receipt of any delinquent payment required under this subdivision,
10the Controller shall calculate a penalty as provided under
11subdivision (i).
12(e) From the money transmitted to the State Treasury under
13subdivision (d), the Controller shall make deposits as follows:
14(1) Into the State Court Facilities Construction Fund, the Judges’
15Retirement Fund, and the Equal Access Fund, as described in
16subdivision (c) of Section 68085.3 and subdivision (c) of Section
1768085.4.
18(2) Into the Health Statistics Special Fund, as described in
19subdivision (b) of Section 70670 of this code and Section 103730
20of the Health and Safety Code.
21(3) Into the Family Law Trust Fund, as described in Section
2270674.
23(4) Into the Immediate and Critical Needs Account of the State
24Court Facilities Construction Fund, established in Section 70371.5,
25as described in Sections 68085.3, 68085.4, and 70657.5, and
26subdivision (e) of Section 70617.
27(5) The remainder of the money shall be deposited into the Trial
28Court Trust Fund.
29(f) The amounts collected by each superior court under Section
30116.232, subdivision (g) of Section 411.20, and subdivision (g) of
31Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
323153, 7851.5, and 9002 of the Family Code, subdivision (d) of
33Section 6103.5, subdivision (d) of Section 68511.3 and Sections
3468926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
35of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
36Probate Code shall be added to the monthly apportionment for that
37court under subdivision (a) of Section 68085.
38(g) If any of the fees provided in subdivision (a) are partially
39waived by court order or otherwise reduced, and the fee is to be
40divided between the Trial Court Trust Fund and any other fund or
P10 1account, the amount of the reduction shall be deducted from the
2amount to be distributed to each fund in the same proportion as
3the amount of each distribution bears to the total amount of the
4fee. If the fee is paid by installment payments, the amount
5distributed to each fund or account from each installment shall
6bear the same proportion to the installment payment as the full
7distribution to that fund or account does to the full fee. If a court
8collects a fee that was incurred before January 1, 2006, under a
9provision that was the predecessor to one of the paragraphs
10contained in subdivision (a), the fee may be deposited as if it were
11collected under the paragraph of subdivision (a) that corresponds
12to the predecessor of that paragraph and distributed in
prorated
13amounts to each fund or account to which the fee in subdivision
14(a) must be distributed.
15(h) Except as provided in Sections 470.5 and 6322.1 of the
16Business and Professions Code, and Sections 70622, 70624, and
1770625 of this code, an agency shall not take action to change the
18amounts allocated to any of the funds described in subdivision (c),
19(d), or (e).
20(i) The amount of the penalty on any delinquent payment under
21subdivision (c) or (d) shall be calculated by multiplying the amount
22of the delinquent payment at a daily rate equivalent to 11⁄2 percent
23per month for the number of days the payment is delinquent. The
24penalty shall be paid from the Trial Court Trust Fund. Penalties
25on delinquent payments under subdivision (d) shall be calculated
26only on the amounts to be
distributed to the Trial Court Trust Fund
27and the State Court Facilities Construction Fund, and each penalty
28shall be distributed proportionately to the funds to which the
29delinquent payment was to be distributed.
30(j) If a delinquent payment under subdivision (c) or (d) results
31from a delinquency by a superior court under subdivision (b), the
32court shall reimburse the Trial Court Trust Fund for the amount
33of the penalty. Notwithstanding Section 77009, any penalty on a
34delinquent payment that a court is required to reimburse pursuant
35to this section shall be paid from the court operations fund for that
36court. The penalty shall be paid by the court to the Trial Court
37Trust Fund no later than 45 days after the end of the month in
38which the penalty was calculated. If the penalty is not paid within
39the specified time, the Administrative Office of the Courts may
P11 1reduce the amount of a subsequent monthly allocation to the court
2by the amount of the
penalty on the delinquent payment.
3(k) If a delinquent payment under subdivision (c) or (d) results
4from a delinquency by a county in transmitting fees and fines listed
5in subdivision (a) to the bank account established for this purpose,
6as described in subdivision (b), the county shall reimburse the Trial
7Court Trust Fund for the amount of the penalty. The penalty shall
8be paid by the county to the Trial Court Trust Fund no later than
945 days after the end of the month in which the penalty was
10calculated.
11(l) This section shall become inoperative on July 1, 2017, and,
12as of January 1, 2018, is repealed, unless a later enacted statute,
13that becomes operative on or before January 1, 2018, deletes or
14extends the dates on which it becomes inoperative and is repealed.
begin insertSection 68085.1 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
16to read:end insert
(a) This section applies to all fees and fines that are
18collected on or after January 1, 2006, under all of the following:
19(1) Sections 177.5,begin insert 177.6,end insert 209, 403.060, 491.150, 631.3,
20683.150, 704.750, 708.160, 724.100, 1134, 1161.2, 1218, and
211993.2 of, subdivision (g) of Section 411.20 and subdivisions (c)
22and (g) of Section 411.21 of, subdivision (b) of Section 631 of,
23and Chapter 5.5 (commencing with Section 116.110) of Title 1 of
24Part 1 of, the Code of Civil Procedure.
25(2) Section 3112 of the Family Code.
26(3) Section 31622 of the Food and Agricultural Code.
27(4) Subdivision (d) of Section 6103.5, Sections 68086 and
2868086.1, subdivision (d) of Section 68511.3, Sections 68926.1 and
2969953.5, and Chapter 5.8 (commencing with Section 70600).
30(5) Section 103470 of the Health and Safety Code.
31(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1
32of the Penal Code.
33(7) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
34Code.
35(8) Sections 14607.6 and 16373 of the Vehicle Code.
36(9) Section 71386 of this code, Sections 304, 7851.5, and 9002
37of the Family Code, and Section 1513.1 of the Probate Code, if
38the reimbursement is for expenses
incurred by the court.
P12 1(10) Section 3153 of the Family Code, if the amount is paid to
2the court for the cost of counsel appointed by the court to represent
3a child.
4(b) On and after January 1, 2006, each superior court shall
5deposit all fees and fines listed in subdivision (a), as soon as
6practicable after collection and on a regular basis, into a bank
7account established for this purpose by the Administrative Office
8of the Courts. Upon direction of the Administrative Office of the
9Courts, the county shall deposit civil assessments under Section
101214.1 of the Penal Code and any other money it collects under
11the sections listed in subdivision (a) as soon as practicable after
12collection and on a regular basis into the bank account established
13for this purpose and specified by the Administrative Office of the
14Courts. The deposits shall be made as required by rules adopted
15by, and
financial policies and procedures authorized by, the Judicial
16Council under subdivision (a) of Section 77206. Within 15 days
17after the end of the month in which the fees and fines are collected,
18each court, and each county that collects any fines or fees under
19subdivision (a), shall provide the Administrative Office of the
20Courts with a report of the fees by categories as specified by the
21Administrative Office of the Courts. The Administrative Office
22of the Courts and any court may agree upon a time period greater
23than 15 days, but in no case more than 30 days after the end of the
24month in which the fees and fines are collected. The fees and fines
25listed in subdivision (a) shall be distributed as provided in this
26section.
27(c) (1) Within 45 calendar days after the end of the month in
28which the fees and fines listed in subdivision (a) are collected, the
29Administrative Office of the Courts shall make the following
30
distributions:
31(A) To the small claims advisory services, as described in
32subdivision (f) of Section 116.230 of the Code of Civil Procedure.
33(B) To dispute resolution programs, as described in subdivision
34(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
35(C) To the county law library funds, as described in Sections
36116.230 and 116.760 of the Code of Civil Procedure, subdivision
37(b) of Section 68085.3, subdivision (b) of Section 68085.4, and
38Section 70621 of this code, and Section 14607.6 of the Vehicle
39Code.
P13 1(D) To the courthouse construction funds in the Counties of
2Riverside, San Bernardino, and San Francisco, as described in
3Sections 70622, 70624, and 70625.
4(E) Commencing
July 1, 2011, to the Trial Court Trust Fund,
5as described in subdivision (e) of Section 70626, to be used by the
6Judicial Council to implement and administer the civil
7representation pilot program under Section 68651.
8(2) If any distribution under this subdivision is delinquent, the
9Administrative Office of the Courts shall add a penalty to the
10distribution as specified in subdivision (i).
11(d) Within 45 calendar days after the end of the month in which
12the fees and fines listed in subdivision (a) are collected, the
13amounts remaining after the distributions in subdivision (c) shall
14be transmitted to the State Treasury for deposit in the Trial Court
15Trust Fund and other funds as required by law. This remittance
16shall be accompanied by a remittance advice identifying the
17collection month and the appropriate account in the Trial Court
18Trust Fund or other fund to which it is to be
deposited. Upon the
19receipt of any delinquent payment required under this subdivision,
20the Controller shall calculate a penalty as provided under
21subdivision (i).
22(e) From the money transmitted to the State Treasury under
23subdivision (d), the Controller shall make deposits as follows:
24(1) Into the State Court Facilities Construction Fund, the Judges’
25Retirement Fund, and the Equal Access Fund, as described in
26subdivision (c) of Section 68085.3 and subdivision (c) of Section
2768085.4.
28(2) Into the Health Statistics Special Fund, as described in
29subdivision (b) of Section 70670 of this code and Section 103730
30of the Health and Safety Code.
31(3) Into the Family Law Trust Fund, as described in Section
3270674.
33(4) Into the Immediate and Critical Needs Account of the State
34Court Facilities Construction Fund, established in Section 70371.5,
35as described in Sections 68085.3, 68085.4, and 70657.5, and
36subdivision (e) of Section 70617.
37(5) The remainder of the money shall be deposited into the Trial
38Court Trust Fund.
39(f) The amounts collected by each superior court under Section
40116.232, subdivision (g) of Section 411.20, and subdivision (g) of
P14 1Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
23153, 7851.5, and 9002 of the Family Code, subdivision (d) of
3Section 6103.5, subdivision (d) of Section 68511.3 and Sections
468926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and 71386
5of this code, and Sections 1513.1, 1835, 1851.5, and 2343 of the
6Probate Code shall be added to the monthly apportionment for that
7court under subdivision (a) of Section 68085.
8(g) If any of the fees provided in subdivision (a) are partially
9waived by court order or otherwise reduced, and the fee is to be
10divided between the Trial Court Trust Fund and any other fund or
11account, the amount of the reduction shall be deducted from the
12amount to be distributed to each fund in the same proportion as
13the amount of each distribution bears to the total amount of the
14fee. If the fee is paid by installment payments, the amount
15distributed to each fund or account from each installment shall
16bear the same proportion to the installment payment as the full
17distribution to that fund or account does to the full fee. If a court
18collects a fee that was incurred before January 1, 2006, under a
19provision that was the predecessor to one of the paragraphs
20contained in subdivision (a), the fee may be deposited as if it were
21collected under the paragraph of subdivision (a) that corresponds
22to the predecessor of that paragraph and distributed in
prorated
23amounts to each fund or account to which the fee in subdivision
24(a) must be distributed.
25(h) Except as provided in Sections 470.5 and 6322.1 of the
26Business and Professions Code, and Sections 70622, 70624, and
2770625 of this code, an agency shall not take action to change the
28amounts allocated to any of the funds described in subdivision (c),
29(d), or (e).
30(i) The amount of the penalty on any delinquent payment under
31subdivision (c) or (d) shall be calculated by multiplying the amount
32of the delinquent payment at a daily rate equivalent to 11⁄2 percent
33per month for the number of days the payment is delinquent. The
34penalty shall be paid from the Trial Court Trust Fund. Penalties
35on delinquent payments under subdivision (d) shall be calculated
36only on the amounts to be
distributed to the Trial Court Trust Fund
37and the State Court Facilities Construction Fund, and each penalty
38shall be distributed proportionately to the funds to which the
39delinquent payment was to be distributed.
P15 1(j) If a delinquent payment under subdivision (c) or (d) results
2from a delinquency by a superior court under subdivision (b), the
3court shall reimburse the Trial Court Trust Fund for the amount
4of the penalty. Notwithstanding Section 77009, any penalty on a
5delinquent payment that a court is required to reimburse pursuant
6to this section shall be paid from the court operations fund for that
7court. The penalty shall be paid by the court to the Trial Court
8Trust Fund no later than 45 days after the end of the month in
9which the penalty was calculated. If the penalty is not paid within
10the specified time, the Administrative Office of the Courts may
11reduce the amount of a subsequent monthly allocation to the court
12by the amount of the
penalty on the delinquent payment.
13(k) If a delinquent payment under subdivision (c) or (d) results
14from a delinquency by a county in transmitting fees and fines listed
15in subdivision (a) to the bank account established for this purpose,
16as described in subdivision (b), the county shall reimburse the Trial
17Court Trust Fund for the amount of the penalty. The penalty shall
18be paid by the county to the Trial Court Trust Fund no later than
1945 days after the end of the month in which the penalty was
20calculated.
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