BILL NUMBER: AB 233 CHAPTERED
BILL TEXT
CHAPTER 850
FILED WITH SECRETARY OF STATE OCTOBER 10, 1997
APPROVED BY GOVERNOR OCTOBER 10, 1997
PASSED THE SENATE SEPTEMBER 13, 1997
PASSED THE ASSEMBLY SEPTEMBER 13, 1997
AMENDED IN SENATE SEPTEMBER 13, 1997
AMENDED IN SENATE AUGUST 8, 1997
AMENDED IN SENATE AUGUST 7, 1997
AMENDED IN SENATE JUNE 19, 1997
AMENDED IN SENATE JUNE 5, 1997
AMENDED IN ASSEMBLY MAY 1, 1997
AMENDED IN ASSEMBLY APRIL 8, 1997
AMENDED IN ASSEMBLY MARCH 10, 1997
INTRODUCED BY Assembly Members Escutia and Pringle
(Principal coauthors: Assembly Members Cardoza and Morrow)
(Coauthors: Assembly Members Aguiar, Alby, Ashburn, Baca, Battin,
Bordonaro, Brewer, Campbell, Cunneen, Granlund, House, Kaloogian,
Kuehl, Leach, Leonard, Machado, Migden, Miller, Morrissey, Pacheco,
Papan, Perata, Prenter, Shelley, Strom-Martin, Sweeney, and Thomson)
(Principal coauthors: Senators Calderon, Johannessen, Leslie, and
Solis)
(Coauthors: Senators Ayala, Burton, Johnston, O'Connell, Schiff,
and Thompson)
FEBRUARY 6, 1997
An act to amend Section 116.230 of the Code of Civil Procedure, to
amend Section 1852 of the Family Code, to amend Sections 26820.4,
26823, 26827, 26827.4, 26830, 26838, 26857, 26862, 27361, 68073,
68085, 68090.8, 68113, 68502.5, 68513, 72054, 72055, 72060, 76000,
and 77003 of, to amend, repeal, and add Section 68547 of, to add
Sections 26832.1, 26833.1, 26835.1, 26836.1, 26837.1, 26850.1,
26851.1, 26852.1, 26853.1, 26855.4, 27081.5, 68073.1, 68085.5, 68088,
72056.01, 76224, 77001, and 77009 to, to add Chapter 14 (commencing
with Section 77600) to, Title 8 of, to repeal Article 4 (commencing
with Section 77300) of Chapter 13 of Title 8 of, to add and repeal
Sections 26826.01 and 77201 of, to repeal and add Section 71383 of,
and to repeal and add Article 3 (commencing with Section 77200) of
Chapter 13 of Title 8 of, the Government Code, to amend Sections
1463.001, 1463.005, 1463.007, 1463.009, and 1464 of, to add Sections
1170.45, 1463.010, and 1463.07 to, and to repeal Sections 1463.003
and 1463.01 of, the Penal Code, and to amend Section 42007 of, and to
add Sections 11205.1 and 42007.1 to, the Vehicle Code, relating to
trial court funding.
LEGISLATIVE COUNSEL'S DIGEST
AB 233, Escutia. Trial courts: funding.
(1) Existing law establishes various fees for civil cases.
This bill would revise those fees.
(2) Existing law establishes a system of state funding for trial
courts.
This bill would set forth the findings, declarations, and intent
of the Legislature with regard to trial court funding and revise the
system of state funding for trial courts, as specified. The bill
would establish the Task Force on Trial Court Employees and the Task
Force on Court Facilities, and specify the powers and duties thereof.
The bill would also expand the powers and duties of the Judicial
Council with respect to trial court funding, as specified. The bill
would also revise provisions governing the Trial Court Trust Fund and
the Trial Court Improvement Fund, as specified.
(3) Existing law establishes the duties of a county with respect
to the trial courts in the county.
This bill would revise the duties of a county with respect to the
provision of necessary resources for the trial courts, as specified.
(4) Existing law authorizes the Judicial Council to adopt rules of
court as specified by statute.
This bill would authorize rules of court providing for racial,
ethnic, and gender bias, and sexual harassment training for judges,
commissioners, and referees. The bill would also revise the duties
of the Judicial Council with respect to the collection of court data
and reporting thereon.
(5) Existing law establishes the Trial Court Trust Fund for the
purpose of funding trial court operations.
This bill would, until July 1, 2001, authorize any unexpended
funds, not to exceed $5,000,000, in the Trial Court Trust Fund for
the 1997-98 fiscal year or any other available funds to be allocated
by the Judicial Council for trial court facilities renovation,
repair, and maintenance projects, as specified, pursuant to
appropriation by the Legislature. The bill would also provide that
if the county retained share of any specified fines and forfeitures
exceeds the amount of the fines and forfeitures collected in that
county during the 1994-95 fiscal year, that excess shall be deposited
into the Trial Court Trust Fund, up to the amount of any allocation
to the county made pursuant to the bill.
The bill would authorize the Administrative Office of the Courts
to establish budget procedures and an annual schedule of budget
developmental management, as specified, and set forth the criteria
for the Judicial Council's trial court budget request.
(6) Under existing law, a judge or justice is deemed to serve or
sit under assignment on each day during which it is necessary for him
or her on account of the assignment to serve on the court to which
assigned, to travel to or from such court, or to be absent from his
or her residence.
This bill would, until January 1, 1999, delete reference to
justices in this provision, revise the provision to apply to service
in a substantial way on that court, and add provisions specifying
when a judge of a municipal court is deemed to have served under
assignment in the superior court, and requiring the Judicial Council
to adopt implementing rules, including criteria for approval of
judicial and administrative court coordination plans.
(7) Existing law specifies the authority of the Trial Court Budget
Commission.
This bill would provide that the Trial Court Budget Commission
shall exercise its authority under the direction of, and with the
approval of, the Judicial Council.
(8) Existing law authorizes each county to establish a courthouse
construction fund, to be financed by surcharges on fines,
forfeitures, and penalties and used for courthouse construction, as
specified, and to continue through and including the 20th year after
the initial year for the surcharge, or the 20th year after any
borrowings are made for such construction.
This bill would extend those time limits with respect to Merced
County from 20 to 25 years.
(9) Existing law requires counties to fund the costs of automating
court recordkeeping.
This bill would revise those requirements, as specified.
(10) Existing law requires a biennial audit of trial court
accounts, as specified.
This bill would repeal that provision.
(11) Existing law specifies the disposition of fines and
forfeitures, and traffic violator fees, collected by the courts for
crimes other than parking violations.
This bill would revise those provisions, as specified.
(12) This bill would establish a Civil Delay Reduction Team, which
provisions would remain in effect until July 1, 1999. The bill
would also establish a Judicial Administration Efficiency and
Modernization Fund in the State Treasury for expenditure by the
Judicial Council, as specified.
(13) The bill would impose state-mandated local costs by revising
the duties of local officials, but would specify that the bill shall
not be deemed to impose a state-mandated local program because of the
state's assumption of increased funding support for the trial
courts.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as "the
Lockyer-Isenberg Trial Court Funding Act of 1997."
SEC. 2. The Legislature finds and declares as follows:
(a) The judiciary of California is a separate and independent
branch of government, recognized by the Constitution and statutes of
this state as such.
(b) The Legislature has previously established the principle that
the funding of trial court operations is most logically a function of
the state. Such funding is necessary to provide uniform standards
and procedures, economies of scale, and structural efficiency and
simplification. This decision also reflects the fact that the
overwhelming business of the trial courts is to interpret and enforce
provisions of state law and to resolve disputes among the people of
the State of California.
(c) Structural improvement will provide for an improved court
system, a uniform and equitable court system and will, therefore,
increase access to justice for the citizens of the State of
California. The structural improvements outlined in the Trial Court
Realignment and Efficiency Act of 1991, and subsequent measures, have
outlined some of the improvements required.
(d) Many trial courts have made significant progress in efficiency
through court coordination and in developing cost management and
control systems through budget procedures and performance standards.
However, this progress is not uniform throughout the court system.
The Legislature recognizes that the Judicial Council has adopted
mandatory rules on court coordination and on the development of
budget procedures and performance standards requiring more rapid
progress in this area. The current bifurcated funding structure does
not allow adequate financial planning for the courts, thereby
instilling doubt as to the efficacy of new budget procedures or
performance standards.
(e) The fiscal health of the judicial system, and the willingness
and ability of the judiciary to adopt measures of efficiency and
coordination, has a considerable impact on the quality of justice
dispensed to the citizens of California.
(f) It is increasingly clear that the counties of California are
no longer able to provide unlimited funding increases to the
judiciary and, in some counties, financial difficulties and strain
threaten the quality and timeliness of justice.
(g) The stated intent of the Legislature to assume the largest
share of the funding of the trial courts has not been achieved,
primarily due to the recent recession and the resulting limitation of
state funds. However, there is a clear need to proceed as rapidly
as possible toward the goal of full state funding of trial court
operations and, accordingly, this measure is a logical and necessary
step to achieve the result.
SEC. 3. The Legislature declares its intent to do each of the
following:
(a) Provide state responsibility for funding of trial court
operations commencing in the 1997-98 fiscal year.
(b) Provide that county contributions to trial court operations
shall be permanently capped at the same dollar amount as that county
provided to court operations in the 1994-95 fiscal year with
adjustments to the cap, as specified.
(c) Provide that the State of California shall assume full
responsibility for any growth in costs of trial court operations
thereafter.
(d) Continue to define "court operations" as currently established
in law; provided, however, that the Legislature recognizes that
there remain issues regarding which items of expenditure are properly
included within the definition of court operations. Therefore, the
Legislature intends to reexamine this issue during the 1997-98 fiscal
year, in the hopes of reflecting any agreed upon changes in
subsequent legislation.
(e) Provide that the obligation of counties to contribute to trial
court costs shall not be increased in any fashion by state budget
action relating to the trial courts.
(f) Return to the counties of California the revenue generated
from fines and forfeitures pursuant to Sections 27361 and 76000 of
the Government Code, Sections 1463.001, 1463.005, 1463.007, 1463.009,
1463.07, and 1464 of the Penal Code, and Sections 42007 and 42007.1
of the Vehicle Code by the courts of each county. This return will
allow counties the opportunity to obtain sufficient revenue to meet
their obligation to the state.
(g) In adopting this plan, the Legislature intends to do all of
the following:
(1) To provide that no personnel employed in the court system as
of July 1, 1997, shall have their salary or benefits reduced as a
result of this act.
(2) By January 1, 2001, to adopt a plan to transition all existing
court employees into an appropriate employment status, recognizing
the state assumption of trial court costs.
(3) To consider providing courts in each county the option for
employees to transition to the status of employees of the state, the
local court or, with the concurrence of the county, continuation of
the status as county employees, and a mechanism for involvement of
the local judiciary in the negotiations regarding compensation of
court employees.
(h) Accelerate the pace of court coordination and efficiencies
adopted by the Judicial Council and continue the development and
implementation of comprehensive budget procedures and performance
standards.
(i) Modify Section 68073 of the Government Code to protect
counties from liability for state costs resulting from orders made
under that section.
(j) Modify Section 68073 of the Government Code to continue the
obligation of the counties to provide court facilities to judges and
personnel in each county. Require the Judicial Council to report by
October 30, 1998, on possible alternatives for the participation by
the state in the cost of a new construction, remodeling, or
renovation of trial court facilities.
(k) Require the Judicial Council to create a reserve fund of no
less than 1 percent of the funds appropriated for trial courts, to be
utilized by the Judicial Council to assist financially stressed
courts, or those courts affected by natural disaster or courts with a
heavily congested calendar that cannot reasonably be resolved by
fully utilizing coordination or other court efficiencies and to
promote and encourage local and statewide efforts toward efficiency
and coordination.
(l) Acknowledge the need for strong and independent local court
financial management, including encouraging the adoption by the
Judicial Council of a Trial Courts Bill of Financial Management
Rights, to be approved no later than January 1, 1998. This bill of
management rights shall minimize the rules and regulations in the
area of financial affairs to those sufficient to guarantee
efficiency, but shall give strong preference to the need for local
flexibility in the management of court financial affairs.
SEC. 4. Section 116.230 of the Code of Civil Procedure is amended
to read:
116.230. (a) A fee of twenty dollars ($20) shall be charged and
collected for the filing of a claim if the number of claims
previously filed by the party in each court within the previous 12
months is 12 or less; and a fee of thirty-five dollars ($35) shall be
collected for the filing of any additional claims.
(b) A fee to cover the actual cost of court service by mail,
adjusted upward to the nearest dollar, shall be charged and collected
for each defendant to whom the court clerk mails a copy of the claim
under Section 116.340.
(c) The number of claims filed by a party during the previous 12
months shall be determined by a declaration by the party stating the
number of claims so filed and submitted to the clerk with the current
claim.
(d) Five dollars ($5) of the fees authorized in subdivision (a)
shall be deposited upon collection in the special account in the
county treasury established pursuant to subdivision (b) of Section
68085 of the Government Code, and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
SEC. 5. Section 1852 of the Family Code is amended to read:
1852. (a) There is in the State Treasury the Family Law Trust
Fund.
(b) Moneys collected by the state pursuant to subdivision (c) of
Section 10605 of the Health and Safety Code, subdivision (a) of
Section 26832 of the Government Code, and grants, gifts, or devises
made to the state from private sources to be used for the purposes of
this part shall be deposited into the Family Law Trust Fund.
(c) Moneys deposited in the Family Law Trust Fund shall be placed
in an interest bearing account. Any interest earned shall accrue to
the fund and shall be disbursed pursuant to subdivision (d).
(d) Money deposited in the Family Law Trust Fund shall be
disbursed for purposes specified in this part and for other family
law related activities.
(e) Moneys deposited in the Family Law Trust Fund shall be
administered by the Judicial Council. The Judicial Council may, with
appropriate guidelines, delegate the administration of the fund to
the Administrative Office of the Courts.
(f) Any moneys in the Family Law Trust Fund that are unencumbered
at the end of the fiscal year are automatically appropriated to the
Family Law Trust Fund of the following year.
(g) In order to defray the costs of collection of these funds,
pursuant to this section, the local registrar, county clerk, or
county recorder may retain a percentage of the funds collected, not
to exceed 10 percent of the fee payable to the state pursuant to
subdivision (c) of Section 10605 of the Health and Safety Code.
SEC. 6. Section 26820.4 of the Government Code is amended to read:
26820.4. The total fee for filing of the first paper in a civil
action or proceeding in the superior court, except an adoption
proceeding, shall be one hundred eighty-five dollars ($185).
This section applies to the initial complaint, petition, or
application, and the papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
SEC. 7. Section 26823 of the Government Code is amended to read:
26823. (a) When the venue in a case is changed, the fee for
making up and transmitting the transcript and papers is twenty-three
dollars ($23) and a further sum equal to the total fee for filing in
the court to which the case is transferred. The clerk shall transmit
the total filing fee with the papers in the case to the clerk or
judge of the court to which the case is transferred.
(b) Notwithstanding Section 68085, fourteen dollars ($14) of the
fee authorized in this section shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 8. Section 26826.01 is added to the Government Code, to read:
26826.01. (a) The fee for filing an amended complaint or
amendment to a complaint in a civil action or proceeding in the
superior court is seventy-five dollars ($75).
(b) The fee for filing a cross-complaint, amended cross-complaint,
or amendment to a cross-complaint in a civil action or proceeding in
the superior court is seventy-five dollars ($75).
(c) A party shall not be required to pay the fee provided by this
section for an amended complaint, amendment to a complaint, amended
cross-complaint, or amendment to a cross-complaint more than one time
in any action.
(d) The fee provided by this section shall not apply to any of the
following:
(1) An amended pleading or amendment to a pleading ordered by the
court to be filed.
(2) An amended pleading or amendment to a pleading that only names
previously fictitiously named defendants.
(e) This section shall become inoperative on July 1, 2000, and, as
of January 1, 2001, is repealed, unless a later enacted statute,
that becomes effective on or before January 1, 2001, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 9. Section 26827 of the Government Code is amended to read:
26827. (a) The total fee for filing the first petition for
letters of administration, a petition for special letters of
administration, a petition for letters testamentary, a first account
of a testamentary trustee of a trust that is subject to the
continuing jurisdiction of the court pursuant to Chapter 4
(commencing with Section 17300) of Part 5 of Division 9 of the
Probate Code, a petition for letters of guardianship, a petition for
letters of conservatorship, a petition for compromise of a minor's
claim, a petition pursuant to Section 13151 of the Probate Code, a
petition pursuant to Section 13650 of the Probate Code (except as
provided in Section 13652 of the Probate Code), or a petition to
contest any will or codicil is one hundred eighty-five dollars
($185).
(b) The fee set forth in subdivision (a) shall also be charged for
filing any subsequent petition of a type described in subdivision
(a) in the same proceeding by a person other than the original
petitioner.
SEC. 10. Section 26827.4 of the Government Code is amended to
read:
26827.4. (a) The fee for filing a subsequent paper in a
proceeding under the Probate Code which requires a court hearing is
twenty-three dollars ($23), except for papers for proceedings
required by any of the following:
(1) Section 10501 of the Probate Code.
(2) Accountings of trustees of testamentary trusts that are
subject to the continuing jurisdiction of the court pursuant to
Chapter 4 (commencing with Section 17300) of Part 5 of Division 9 of
the Probate Code.
(3) Division 4 (commencing with Section 1400) of the Probate Code.
(b) Objections to any papers exempt from the fee imposed by this
section are subject to the filing fee of twenty-three dollars ($23).
This section does not apply to petitions filed pursuant to
subdivision (b) of Section 26827.
(c) Notwithstanding Section 68085, fourteen dollars ($14) of the
twenty-three dollar ($23) fee authorized in subdivisions (a) and (b)
shall be deposited in the county general fund for use as county
general fund revenue.
SEC. 11. Section 26830 of the Government Code is amended to read:
26830. (a) Except as provided in subdivisions (b) and (c), the
fee for filing any notice of motion, or any other paper requiring a
hearing subsequent to the first paper, or any notice of intention to
move for a new trial of any civil action or special proceeding, or an
application for renewal of a judgment, is twenty-three dollars
($23).
However, there shall be no fee for filing any of the following:
(1) An amended notice of motion.
(2) A memorandum that a civil case is at issue.
(3) A hearing on a petition for emancipation of a minor.
(4) Default hearings.
(5) A show-cause hearing on a petition for an injunction
prohibiting harassment.
(6) A show-cause hearing on an application for an order
prohibiting domestic violence.
(7) A show-cause hearing on writs of review, mandate, or
prohibition.
(8) A show-cause hearing on a petition for a change of name.
(9) A hearing to compromise a claim of a minor or an insane or
incompetent person.
(b) The fee for filing a motion for summary judgment or summary
adjudication of issues is one hundred dollars ($100).
(c) The fee for the filing of any motion in small claims court
matters is fourteen dollars ($14), which shall be deposited in the
county general fund for use as county general fund revenue.
(d) Notwithstanding Section 68085, fourteen dollars ($14) of the
twenty-three dollar ($23) fee authorized in subdivision (a) and the
one hundred dollar ($100) fee established by subdivision (b) shall be
deposited in the county general fund for use as county general fund
revenue.
SEC. 12. Section 26832.1 is added to the Government Code, to read:
26832.1. (a) Notwithstanding the fee authorized by Section
26833.1, a fee of five dollars ($5) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record that
the agency is required to obtain in the ordinary course of business.
A fee of ten dollars ($10) shall be paid by any other applicant for
a certified copy of a marriage dissolution record. Five dollars ($5)
of any ten dollar ($10) fee shall be transmitted monthly by each
clerk of the court to the state for deposit into the Family Law Trust
Fund as provided by Section 1852 of the Family Code.
(b) As used in this section, "marriage dissolution record" means
the judgment.
(c) Notwithstanding Section 68085, three dollars ($3) of the five
dollar ($5) fee and three dollars ($3) of the ten dollar ($10) fee
authorized in subdivision (a) shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 13. Section 26833.1 is added to the Government Code, to read:
26833.1. The fee for certifying a copy of any paper, record, or
proceeding on file in the office of the clerk of any court is six
dollars ($6). For every certificate the fee for which is not
otherwise fixed, the fee is six dollars ($6). Notwithstanding
Section 68085, one dollar and seventy-five cents ($1.75) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 14. Section 26835.1 is added to the Government Code, to read:
26835.1. (a) The clerk of the court shall collect a fee of six
dollars ($6) per signature for any document that is required to be
authenticated pursuant to court order.
(b) Each document authenticated by the county clerk shall contain
the following statement:
"____, County Clerk and ex officio Clerk of the Superior Court, in
and for the County of ____, State of California. Signed pursuant to
court order dated ____ in the matter of ____ petitioner v. ____,
respondent, Case No. ____."
(c) Notwithstanding Section 68085, two dollars ($2) of the fee
authorized by subdivision (a) shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 15. Section 26836.1 is added to the Government Code, to read:
26836.1. For every certificate the fee for which is not otherwise
fixed, the fee is six dollars ($6). Notwithstanding Section 68085,
one dollar and seventy-five cents ($1.75) of the fee authorized in
this section shall be deposited in the county general fund for use as
county general fund revenue.
SEC. 16. Section 26837.1 is added to the Government Code, to read:
26837.1. For comparing with the original on file in the office of
the clerk of any court, the copy of any paper, record, or proceeding
prepared by another and presented for the clerk's certificate, the
fee is one dollar ($1) per page, in addition to the fee for the
certificate. Notwithstanding Section 68085, fifty cents ($0.50) of
the fee authorized in this section shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 17. Section 26838 of the Government Code is amended to read:
26838. The fee for a certificate required by courts of appeal or
the Supreme Court on filing a notice of motion prior to the filing of
the record on appeal in the reviewing court is twenty-three dollars
($23). Notwithstanding Section 68085, fourteen dollars ($14) of the
fee authorized in this section shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 18. Section 26850.1 is added to the Government Code, to read:
26850.1. For filing and indexing all papers for which a charge is
not elsewhere provided, other than papers filed in actions or
special proceedings, official bonds, or certificates of appointment,
the fee is six dollars ($6). Notwithstanding Section 68085, two
dollars and twenty-five cents ($2.25) of the fee authorized in this
section shall be deposited in the county general fund for use as
county general fund revenue.
SEC. 19. Section 26851.1 is added to the Government Code, to read:
26851.1. For either recording or registering any license or
certificate or issuing any certificate, or both, in connection with a
license, required by law for which a charge is not otherwise
prescribed, the fee is six dollars ($6). Notwithstanding Section
68085, two dollars and twenty-five cents ($2.25) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 20. Section 26852.1 is added to the Government Code, to read:
26852.1. The fee for each certificate to the official capacity of
any public official is six dollars ($6). Notwithstanding Section
68085, two dollars and twenty-five cents ($2.25) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 21. Section 26853.1 is added to the Government Code, to read:
26853.1. The fee for taking an affidavit, except in criminal
cases or adoption proceedings, is six dollars ($6). Notwithstanding
Section 68085, two dollars and twenty-five cents ($2.25) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 22. Section 26855.4 is added to the Government Code, to read:
26855.4. The fee for taking acknowledgment of any deed or other
instrument, including the certificate, is six dollars ($6) for each
signature. Notwithstanding Section 68085, two dollars and
twenty-five cents ($2.25) of the fee authorized in this section shall
be deposited in the county general fund for use as county general
fund revenue.
SEC. 23. Section 26857 of the Government Code is amended to read:
26857. No fee shall be charged by the clerk for service rendered
to a defendant in any criminal action or, to the petitioner in any
adoption proceeding except as provided in Section 103730 of the
Health and Safety Code, nor shall any fees be charged for any
proceeding brought pursuant to Section 7841 of the Family Code to
declare a minor free from parental custody or control. No fee shall
be charged by the clerk for service rendered to any municipality or
county in the state, or to the national government, nor for any
service relating thereto.
SEC. 24. Section 26862 of the Government Code is amended to read:
26862. In any county in which there is a family conciliation
court, or in which counties have by contract established joint family
conciliation court services, a fee of twenty dollars ($20) shall be
paid to the clerk of the court at the time of filing a motion, order
to show cause, or other proceeding seeking to modify or enforce that
portion of any judgment or order entered in this state or any other
state which orders or awards the custody of a minor child or children
or which specifies the rights of any party to the proceeding to
visitation of a minor child or children. Notwithstanding Section
68085, fifteen dollars ($15) of the fee authorized in this section
shall be deposited in the county treasury and shall be used
exclusively to pay the costs of maintaining the family conciliation
court.
SEC. 25. Section 27081.5 is added to the Government Code, to read:
27081.5. Jury fees shall not be returned in the event the action
or proceeding is dismissed or the trial by jury is waived after
deposit of jury fees.
SEC. 26. Section 27361 of the Government Code is amended to read:
27361. (a) The fee for recording and indexing every instrument,
paper, or notice required or permitted by law to be recorded is four
dollars ($4) for recording the first page and three dollars ($3) for
each additional page, except the recorder may charge additional fees
as follows:
(1) If the printing on printed forms is spaced more than nine
lines per vertical inch or more than 22 characters and spaces per
inch measured horizontally for not less than 3 inches in one
sentence, the recorder shall charge one dollar ($1) extra for each
page or sheet on which printing appears excepting, however, the extra
charge shall not apply to printed words which are directive or
explanatory in nature for completion of the form or on vital
statistics forms. Fees collected under this paragraph are not
subject to subdivision (b) or (c).
(2) If a page or sheet does not conform with the dimensions
described in subdivision (a) of Section 27361.5, the recorder shall
charge three dollars ($3) extra per page or sheet of the document.
The extra charge authorized under this paragraph shall be available
solely to support, maintain, improve, and provide for the full
operation for modernized creation, retention, and retrieval of
information in each county's system of recorded documents. Fees
collected under this paragraph are not subject to subdivision (b) or
(c).
(b) One dollar ($1) of each three dollar ($3) fee for each
additional page shall be transmitted by the county auditor monthly to
the Controller for deposit in the Trial Court Trust Fund established
pursuant to Section 68085.
(c) Notwithstanding Section 68085, one dollar ($1) for recording
the first page and one dollar ($1) for each additional page shall be
available solely to support, maintain, improve, and provide for the
full operation for modernized creation, retention, and retrieval of
information in each county's system of recorded documents.
SEC. 27. Section 68073 of the Government Code is amended to read:
68073. (a) Commencing July 1, 1997, and each year thereafter, no
county or city and county shall be responsible to provide funding for
"court operations" as defined in Section 77003 and Rule 810 of the
California Rules of Court as it read on July 1, 1996.
(b) Commencing as of July 1, 1996, and each year thereafter, each
county or city and county shall be responsible for providing
necessary and suitable facilities for judicial and court support
positions created prior to July 1, 1996. In determining whether
facilities are necessary and suitable, the reasonable needs of the
court and the fiscal condition of the county or city and county shall
be taken into consideration.
(c) If a county or city and county fails to provide necessary and
suitable facilities as described in subdivision (b), the court shall
give notice of a specific deficiency. If the county or city and
county then fails to provide necessary and suitable facilities
pursuant to this section, the court may direct the appropriate
officers of the county or city and county to provide the necessary
and suitable facilities. The expenses incurred, certified by the
judge or judges to be correct, are a charge against the county or
city and county treasury and shall be paid out of the general fund.
(d) Prior to the construction of new court facilities or the
alteration, remodeling, or relocation of existing court facilities,
a county or city and county shall solicit the review and comment of
the judge or judges of the court affected regarding the adequacy and
standard of design, and that review and comment shall not be
disregarded without reasonable grounds.
(e) For purposes of this section, "facilities" means: (1) rooms
for holding superior and municipal court, (2) the chambers of the
judges of the court, (3) rooms for the attendants of the court, and
(4) sufficient heat, ventilation, air-conditioning, light, and
fixtures for those rooms and chambers.
(f) This section shall not be construed as authorizing a county, a
city and county, a court, or the state to supply to the official
reporters of the courts stenography, stenotype, or other shorthand
machines; nor as authorizing the supply to the official reporters of
the courts, for use in the preparation of transcripts, of
typewriters, transcribing equipment, supplies, or other personal
property.
SEC. 28. Section 68073.1 is added to the Government Code, to read:
68073.1. (a) All furniture, furnishings, and equipment used
solely by a trial court on June 30, 1997, shall become the property
of the court unless the county is prohibited from transferring title
by a contract, agreement, covenant, or other provision in the law.
(b) Any other furniture, furnishings, or equipment made available
by the county or city and county for use by a court on June 30, 1997,
shall continue to be made available to the court, unless otherwise
agreed in writing by the court and the county or city and county.
(c) The court shall assume all responsibility for any furniture,
furnishing, and equipment for which title is transferred to the court
or that continues to be made available for use by a court pursuant
to this section, including the fiscal responsibility for any rental
or lease obligation, the repair, maintenance, and replacement of such
furniture, furnishing, and equipment.
SEC. 29. Section 68085 of the Government Code is amended to read:
68085. (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned in four installments
for the purpose of funding trial court operations, as defined in
Section 77003.
(2) The quarterly apportionment payments shall be made by the
Controller. For fiscal year 1997-98, the Controller shall make the
first quarterly apportionment payment within 10 days of the operative
date of this section, with subsequent payments due on October 15,
January 15, and April 15. In subsequent years, payments shall be due
on July 15, October 15, January 15, and April 15.
(b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(c) Except as specified in subdivision (d), this section applies
to all fees collected pursuant to Sections 26820.4, 26823, 26826,
26826.01, 26827, 26827.4, 26830, 26831, 26832.1, 26833.1, 26835.1,
26836.1, 26837.1, 26838, 26850.1, 26851.1, 26852.1, 26853.1, 26855.4,
26862, 27081.5, subdivision (b) of Section 27361, and Sections
68086, 72055, 72056, 72056.01, and 72060.
If any of the fees provided for in this subdivision are partially
waived by court order, and the fee is to be divided between the Trial
Court Trust Fund and any other fund, the amount of the partial
waiver shall be deducted from the amount to be distributed to each
fund in the same proportion as the amount of each distribution bears
to the total amount of the fee.
(d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
which is allocated for dispute resolution pursuant to Section 470.3
of the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
(e) Notwithstanding any other provision of law, no agency shall
take action to change the amounts allocated to any of the above
funds.
(f) Before making any apportionments under this section, the
Controller shall deduct, from the annual appropriation for that
purpose, the actual administrative costs that will be incurred under
this section. Costs reimbursed under this section shall be
determined on an annual basis in consultation with the Judicial
Council.
(g) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the Controller no later than 45 days after the end of the month in
which the fees were collected. This remittance shall be accompanied
by a remittance advice identifying the collection month and the
appropriate account in the Trial Court Trust Fund to which it is to
be deposited. Any remittance which is not made by the county or city
and county in accordance with this section shall be considered
delinquent, and subject to applicable penalties.
(h) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund semiannually and shall be allocated among
the courts in accordance with the requirements of subdivision (a).
The specific allocations shall be specified by the Judicial Council,
based upon recommendations from the Trial Court Budget Commission.
(i) The fourth quarterly payment from the Trial Court Trust Fund
for the 1996-97 fiscal year shall be made on or before August 31,
1997.
SEC. 30. Section 68085.5 is added to the Government Code, to read:
68085.5. (a) Notwithstanding Section 68085 and pursuant to
appropriation by the Legislature, the Judicial Council may allocate
unexpended funds in the Trial Court Trust Fund, or any other funds
available for allocation, for the 1997-98 fiscal year for trial court
facilities renovation, repair, and maintenance projects approved by
the Judicial Council subject to the conditions in subdivision (d).
The amount allocated pursuant to this section shall not exceed five
million dollars ($5,000,000).
(b) The Judicial Council is authorized to allocate moneys from the
funds specified in subdivision (a) for such projects as may be
approved by the Judicial Council, and shall be paid to the county
therefor by the Controller.
(c) Notwithstanding Section 68085 and pursuant to appropriation by
the Legislature, beginning in the 1998-99 fiscal year and each year
thereafter, if the county retained share of any fines and forfeitures
collected by the trial courts of a county that receives funds
pursuant to subdivision (a) exceeds the fines and forfeitures
collected during the 1994-95 fiscal year, the excess fines and
forfeitures which would otherwise be retained by the county shall
instead be deposited in the Trial Court Trust Fund up to the amount
of any allocation made pursuant to this section.
(d) Projects approved by the Judicial Council pursuant to this
section shall meet the following conditions:
(1) The county has an environmental impact review report certified
if it is required for the project.
(2) The county board of supervisors has completed and approved the
plans and specifications for the project.
(3) The county has completed the architectural design through a
request for proposal process for the project.
(4) The county has completed any update of the justice facility
master plan that is necessary.
(5) The county has already completed a competitive bid process for
the project.
(6) The county has completed any and all land acquisition,
including all necessary condemnation and relocation proceedings, for
the project.
(7) The county has received Board of Corrections approval for any
holding facilities.
(e) Subdivisions (a), (b), and (d) shall become inoperative on
July 1, 2001. Subdivision (c) shall become inoperative when all
funds allocated to any county pursuant to this section have been
repaid.
SEC. 31. Section 68088 is added to the Government Code, to read:
68088. The Judicial Council may provide by rule of court for
racial, ethnic, and gender bias, and sexual harassment training for
judges, commissioners, and referees.
SEC. 32. Section 68090.8 of the Government Code is amended to
read:
68090.8. (a) (1) The Legislature finds that the management of
civil and criminal cases, including traffic cases, and the accounting
for funds in the trial courts requires these courts to implement
appropriate levels of automation.
(2) The purpose of this section is to make a fund available for
the development of automated accounting, automated data collection
through case management systems, and automated case-processing
systems for the trial courts, together with funds to train operating
personnel, and for the maintenance and enhancement of the systems.
(3) Automated data collection shall provide the foundation for
planning, research, and evaluation programs that are generated from
within and outside of the judicial branch. This system shall be a
resource to the courts, the Judicial Council and its committees, the
Administrative Office of the Courts, the Legislature, the Governor,
and the public. During the developmental stage and prior to the
implementation of the system, the Legislature shall make
recommendations to the Judicial Council as to the breadth and level
of detail of the data to be collected.
(b) Prior to making any other required distribution, the county
treasurer shall transmit 2 percent of all fines, penalties, and
forfeitures collected in criminal cases, including, but not limited
to, moneys collected pursuant to Chapter 12 (commencing with Section
76000) of Title 8 of this code, Section 13003 of the Fish and Game
Code, Section 11502 of the Health and Safety Code, and Chapter 1
(commencing with Section 1427) of Title 11 of Part 2 of the Penal
Code, into the Trial Court Improvement Fund established pursuant to
Section 77209, to be used exclusively to pay the costs of automating
trial court recordkeeping systems. These systems shall meet Judicial
Council performance standards, including production of reports as
needed by the state, the counties, and local governmental entities.
SEC. 33. Section 68113 of the Government Code is amended to read:
68113. (a) The superior and municipal courts in each county shall
submit a report to the Judicial Council on progress towards
achieving the cost reduction goals associated with the coordination
plans and factors impacting the cost of court operations and the
collection of revenues. The report shall also include financial
information on expenditures for court operations and revenues
according to a uniform chart of accounts adopted by the Judicial
Council. The reports shall be submitted quarterly on or before the
first day of the third month following the end of the quarter, except
the fourth-quarter report shall be submitted on the first day of the
fourth month following the end of the fourth quarter.
(b) For purposes of the reporting requirements of this section, a
court or courts in a county may petition the Judicial Council to
permit division of the court or courts into smaller administrative
units corresponding to the organization of the court or courts under
a coordination plan where reporting courtwide would impose an undue
burden because of the number of judges or the physical location of
the divisions of the court or courts.
(c) The Judicial Council shall submit a report to the Legislature
on or before February 1 following the end of each fiscal year setting
forth all of the following:
(1) The revenues and expenditures for each superior and municipal
court in the state and statewide totals.
(2) A summary of the savings achieved by the courts in each county
and statewide.
(3) Factors impacting the cost of court operations and the
collection of revenues.
SEC. 33.2. Section 68502.5 of the Government Code is amended to
read:
68502.5. (a) The Judicial Council shall provide by rule for the
appointment of a standing Trial Court Budget Commission and the
deadlines for meeting its various responsibilities. Under the
direction and with the approval of the Judicial Council, the
commission shall have the authority to:
(1) Receive budget requests from the trial courts. Trial courts
shall send to the county board of supervisors a copy of their
proposed budgets and any revisions or appeals at the time their
budget requests are submitted to the Trial Court Budget Commission,
pursuant to this section. The counties may submit timely comments to
the commission regarding the contents of the proposed budgets of
their respective trial courts. The commission shall consider the
counties' comments when determining appropriate budgets for the
courts.
(2) Review the trial courts' budget requests and evaluate them
against performance criteria established by the Judicial Council by
which a court's performance, level of coordination, and efficiency
can be measured.
(3) Annually recommend to the Judicial Council for its approval
the projected cost in the subsequent fiscal year of court operations
as defined in Section 77003 for each trial court. This estimation
shall serve as the basis for court budgets, which shall be developed
programmatically by court function, as approved by the Judicial
Council, for comparison purposes and to delineate the funding
responsibilities.
(4) Annually prepare a recommended schedule for the allocation of
moneys to individual courts and a recommended overall trial court
budget for approval by the Judicial Council and forwarding to the
Governor for inclusion in the Governor's proposed State Budget. The
recommended schedule shall be based on the performance criteria
established pursuant to paragraph (2) and on a minimum standard
established by the Judicial Council for the operation and staffing of
all trial court operations. This minimum standard shall be modeled
on court operations using all reasonable and available measures to
increase court efficiency and coordination. The schedule of
allocations shall assure that all trial courts receive funding for
the minimum operating and staffing standards before funding operating
and staffing requests above the minimum standards, and shall include
incentives and rewards for any trial court's implementation of
efficiencies and cost saving measures.
(5) Reallocate funds in accordance with Judicial Council rules
during the course of the fiscal year to ensure equal access to the
trial courts by the public, to improve trial court operations, and to
meet trial court emergencies. Reallocations shall be limited to 15
percent of that portion of any court's annual budget amount funded by
the state. Neither the state nor the counties shall have any
obligation to replace moneys appropriated for trial courts and
reallocated pursuant to this paragraph.
(6) Allocate funds in the Trial Court Improvement Fund in
accordance to Judicial Council rules to ensure equal access to trial
courts by the public, to improve trial court operations, and to meet
trial court emergencies.
(7) Upon approval of the trial courts' budget by the Legislature,
prepare during the course of the fiscal year an allocation schedule
for quarterly payments to the counties, consistent with Sections
68085 and 77205.1, which shall be submitted to the Controller's
office by the 10th day of the month in which payments are to be made.
(8) Establish rules, pursuant to the authority of the Judicial
Council, regarding a court's authority to transfer trial court
funding moneys from one functional category to another in order to
address needs in any functional category.
(9) At the request of the presiding judge of a trial court,
conduct an independent review of the funding level of the court to
determine whether it is adequate to enable the court to discharge its
statutory and constitutional responsibilities.
(10) From time to time, review the level of fees charged by the
courts for various services and prepare recommended adjustments for
approval and forwarding to the Legislature by the Judicial Council.
(b) Members of the commission shall receive no compensation from
the state for their services. When called into session, they shall
receive their actual and necessary expenses for travel, board, and
lodging, which shall be paid from the funds appropriated for this
use. These expenses shall be appropriated in the manner as the
Judicial Council directs, and shall be audited by the Controller in
accordance with the rules of the State Board of Control.
SEC. 33.4. Section 68513 of the Government Code is amended to
read:
68513. The Judicial Council shall provide for the uniform entry,
storage, and retrieval of court data relating to civil cases in
superior court by means provided for in this section, in addition to
any other data relating to court administration, including all of the
following:
(a) The category type of civil case, such as contract or personal
injury-death-property damage by motor vehicle.
(b) The time from filing of the action to settlement.
(c) The type of settlement procedure, if any, which contributed to
the settlement disposition.
(d) The character and amount of any settlement made as to each
party litigant, but preserving the confidentiality of such
information if the settlement is not otherwise public.
(e) The character and amount of any judgments rendered by court
and jury trials for comparison with settled cases.
(f) The extent to which damages prayed for compare to settlement
or judgment in character and amount.
(g) The extent to which collateral sources have contributed, or
will contribute, financially to satisfaction of the judgment or
settlement.
Provision for the uniform entry, storage, and retrieval of court
data may be by use of litigant statements or forms, if available, or
by collection and analysis of statistically reliable samples.
The Judicial Council shall report to the Legislature on or before
January 1, 1998, and annually thereafter on the uniform entry,
storage, and retrieval of court data as provided for in this section.
The Legislature shall evaluate and adjust the level of funds
available to pay the costs of automating trial court recordkeeping
systems, pursuant to Section 68090.8, for noncompliance with the
requirements of this section.
SEC. 33.6. Section 68547 of the Government Code is amended to
read:
68547. (a) For the purposes of this article, a judge is deemed to
serve or sit under assignment on each day during which it is
necessary for him or her on account of the assignment to serve in a
substantial way on the court to which assigned, to travel to or from
such court, or to be absent from his or her residence. If a judge so
serves under assignment in one or more courts during all days other
than Saturdays, Sundays, and holidays in any period of 30 or more
consecutive days (inclusive of Saturdays, Sundays, and holidays), he
or she shall be deemed also to have served or sat in such court or
courts on all Saturdays, Sundays, and holidays during or immediately
preceding that period.
(b) A judge of a municipal court is deemed to have served under
assignment in the superior court on any day when both of the
following applies:
(1) A cross-assignment issued by the Chief Justice is in effect
and the judge's workload is assigned pursuant to a judicial and
administrative coordination plan approved by the Judicial Council
pursuant to procedures set forth in rules of court and consistent
with Section 68112.
(2) The Judicial Council has certified that cases in the court's
jurisdiction are assigned pursuant to a uniform countywide or
regional system for assignment of cases among superior and municipal
courts which maximizes the utilization of all judicial officers in
that county or region.
(c) The Judicial Council shall adopt rules as necessary to
implement this section, including criteria for approval of judicial
and administrative coordination plans.
(d) If a judge who serves his or her court on a part-time basis
has completed the business of the home court for all days affected by
any assignment, compensation attributable to the home court shall
only be deducted from the amounts to be paid pursuant to Section
68540.7 for the days the judge is serving on assignment to the extent
necessary to limit the assigned judge's total judicial compensation
for the month to the amount earned by a regular judge of the court to
which the judge is assigned.
(e) This section shall be repealed on January 1, 1999, unless a
later enacted statute enacted before that date extends or deletes
that date.
SEC. 33.8. Section 68547 is added to the Government Code, to read:
68547. (a) For the purposes of this article, a judge or justice
is deemed to serve or sit under assignment on each day during which
it is necessary for him or her on account of the assignment to serve
on the court to which assigned, to travel to or from such court, or
to be absent from his or her residence. If a judge so serves under
assignment in one or more courts during all days other than
Saturdays, Sundays, and holidays in any period of 30 or more
consecutive days (inclusive of Saturdays, Sundays, and holidays), he
or she shall be deemed also to have served or sat in such court or
courts on all Saturdays, Sundays, and holidays during or immediately
preceding that period.
If a judge who serves his or her court on a part-time basis has
completed the business of the home court for all days affected by any
assignment, compensation attributable to the home court shall only
be deducted from the amounts to be paid pursuant to Section 68540.7
for the days the judge is serving on assignment to the extent
necessary to limit the assigned judge's total judicial compensation
for the month to the amount earned by a regular judge of the court to
which the judge is assigned.
(b) This section shall become operative on January 1, 1999.
SEC. 34. Section 71383 of the Government Code is repealed.
SEC. 35. Section 71383 is added to the Government Code, to read:
71383. As used in Section 71002, "board of supervisors" means
county or city and county.
SEC. 36. Section 72054 of the Government Code is amended to read:
72054. Except as otherwise provided by law, the clerk of the
court shall charge the fees prescribed by this article, and the fees
prescribed by Sections 26823, 26828, 26829, 26830, 26831, 26832.1,
26833.1, 26834, 26836.1, 26837.1, 26839, 26850.1, 26851.1, 26852.1,
26853.1, 26854, 26855.4, and 26863 for all services to be performed.
SEC. 37. Section 72055 of the Government Code is amended to read:
72055. The total fee for filing of the first paper in a civil
action or proceeding in the municipal court, shall be ninety dollars
($90), except that in cases where the amount demanded, excluding
attorney's fees and costs, is ten thousand dollars ($10,000) or less,
the fee shall be eighty-three dollars ($83). The amount of the
demand shall be stated on the first page of the paper immediately
below the caption.
This section applies to the initial complaint, petition, or
application, and any papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
The term "total fee" as used in this section and Section 72056
includes any amount allocated to the Judges' Retirement Fund pursuant
to Section 72056.1, any automation fee imposed pursuant to Section
68090.7, any construction fee imposed pursuant to Section 76238, and
the law library fee established pursuant to Article 2 (commencing
with Section 6320) of Chapter 5 of Division 3 of the Business and
Professions Code. The term "total fee" as used in Section 72056
includes any dispute resolution fee imposed pursuant to Section 470.3
of the Business and Professions Code. The term "total fee" as used
in this section also includes any dispute resolution fee imposed
pursuant to Section 470.3 of the Business and Professions Code, but
the board of supervisors of each county may exclude any portion of
this dispute resolution fee from the term "total fee."
The fee shall be waived in any action for damages against a
defendant, based upon the defendant's commission of a felony offense,
upon presentation to the clerk of the court of a certified copy of
the abstract of judgment of conviction of the defendant of the felony
giving rise to the claim for damages. If the plaintiff would have
been entitled to recover those fees from the defendant had they been
paid, the court may assess the amount of the waived fees against the
defendant and order the defendant to pay that sum to the county.
SEC. 38. Section 72056.01 is added to the Government Code, to
read:
72056.01. (a) The fee for filing an amended complaint or
amendment to a complaint in a civil action of proceeding in the
municipal court is forty-five dollars ($45).
(b) The fee for filing a cross-complaint, amended cross-complaint
or amendment to a cross-complaint in a civil action or proceeding in
the municipal court is forty-five dollars ($45).
(c) A party shall not be required to pay the fee provided by this
section for an amended complaint, amendment to a complaint, amended
cross-complaint or amendment to a cross-complaint more than one time
in any action.
(d) The fee provided by this section shall not apply to either of
the following:
(1) An amended pleading or amendment to a pleading ordered by the
court to be filed.
(2) An amended pleading or amendment to a pleading that only names
previously fictitiously named defendants.
SEC. 39. Section 72060 of the Government Code is amended to read:
72060. The fee for a certificate and transmitting transcript and
papers on appeal is ten dollars ($10). Notwithstanding Section
68085, six dollars ($6) of the fee authorized in this section shall
be deposited in the county general fund for use as county general
fund revenue.
SEC. 40. Section 76000 of the Government Code is amended to read:
76000.
(a) In each county there shall be levied an additional penalty of
seven dollars ($7) for every ten dollars ($10) or fraction thereof
which shall be collected together with and in the same manner as the
amounts established by Section 1464 of the Penal Code, upon every
fine, penalty, or forfeiture imposed and collected by the courts for
criminal offenses, including all offenses involving a violation of
the Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code, except parking offenses subject to Article 3
(commencing with Section 40200) of Chapter 1 of Division 17 of the
Vehicle Code. These moneys shall be taken from fines and forfeitures
deposited with the county treasurer prior to any division pursuant
to Section 1463 of the Penal Code.
The county treasurer shall deposit those amounts specified by the
board of supervisors by resolution in one or more of the funds
established pursuant to this chapter. However, deposits to these
funds shall continue through whatever period of time is necessary to
repay any borrowings made by the county on or before January 1, 1991,
to pay for construction provided for in this chapter.
(b) In each authorized county, provided that the board of
supervisors has adopted a resolution stating that the implementation
of this subdivision is necessary to the county for the purposes
authorized, with respect to each authorized fund established pursuant
to Section 76100 or 76101, for every parking offense where a parking
penalty, fine, or forfeiture is imposed, an added penalty of two
dollars and fifty cents ($2.50) shall be included in the total
penalty, fine, or forfeiture. Except as provided in subdivision (c),
for each parking case collected in the courts of the county, the
county treasurer shall place in each authorized fund two dollars and
fifty cents ($2.50). These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any division
pursuant to Section 1462.3 or 1463.009 of the Penal Code. The
judges of the county shall increase the bail schedule amounts as
appropriate to reflect the added penalty provided for by this
section. In those cities, districts, or other issuing agencies which
elect to accept parking penalties, and otherwise process parking
violations pursuant to Article 3 (commencing with Section 40200) of
Chapter 1 of Division 17 of the Vehicle Code, that city, district, or
issuing agency shall observe the increased bail amounts as
established by the court reflecting the added penalty provided for by
this section. Each agency which elects to process parking
violations shall pay to the county treasurer two dollars and fifty
cents ($2.50) for each fund for each parking penalty collected on
each violation which is not filed in court. Those payments to the
county treasurer shall be made monthly, and the county treasurer
shall deposit all those sums in the authorized fund. No issuing
agency shall be required to contribute revenues to any fund in excess
of those revenues generated from the surcharges established in the
resolution adopted pursuant to this chapter, except as otherwise
agreed upon by the local governmental entities involved.
(c) The county treasurer shall deposit one dollar ($1) of every
two dollars and fifty cents ($2.50) collected pursuant to subdivision
(b) into the general fund of the county.
SEC. 41. Section 76224 is added to the Government Code, to read:
76224. Deposits to the Courthouse Construction Fund established
in Merced County pursuant to Section 76100 shall continue through and
including the 25th year after the initial year in which the
surcharge is collected or the 25th year after any borrowings are made
for any construction under that section, whichever comes later.
SEC. 42. Section 77001 is added to the Government Code, to read:
77001. On or before July 1, 1998, the Judicial Council shall
promulgate rules which establish a decentralized system of trial
court management. These rules shall ensure:
(a) Local authority and responsibility of trial courts to manage
day-to-day operations.
(b) Countywide administration of the trial courts.
(c) The authority and responsibility of trial courts to manage all
of the following, consistent with statute, rules of court, and
standards of judicial administration:
(1) Annual allocation of funding, including the authority to move
funding between functions or line items.
(2) Local personnel systems, including the promulgation of
personnel policies.
(3) Processes and procedures to improve court operations and
responsiveness to the public.
(4) The trial courts of each county shall establish the means of
selecting presiding judges, assistant presiding judges, executive
officers or court administrators, clerks of court, and jury
commissioners.
(d) Trial court input into the Judicial Council budget process.
(e) Equal access to justice throughout California utilizing
standard practices and procedures whenever feasible.
SEC. 43. Section 77003 of the Government Code is amended to read:
77003. (a) As used in this chapter, "court operations" means all
of the following:
(1) Salaries, benefits, and public agency retirement contributions
for superior and municipal court judges and for subordinate judicial
officers. For purposes of this paragraph, "subordinate judicial
officers" include all commissioner or referee positions created prior
to July 1, 1997, including those commissioner positions created
pursuant to Sections 69904, 70141, 70141.9, 70142.11, 72607, 73794,
74841.5, and 74908; and includes any staff who provide direct support
to commissioners; but does not include commissioners or staff who
provide direct support to the commissioners whose positions were
created after July 1, 1997, unless approved by the Judicial Council,
subject to availability of funding.
(2) The salary, benefits, and public agency retirement
contributions for other court staff including all municipal court
staff positions specifically prescribed by statute.
(3) Those marshals, constables, and sheriffs as the court deems
necessary for court operations.
(4) Court-appointed counsel in juvenile court dependency
proceedings and counsel appointed by the court to represent a minor
pursuant to Chapter 10 (commencing with Section 3150) of Part 2 of
Division 8 of the Family Code.
(5) Services and supplies relating to court operations.
(6) Collective bargaining under the Meyers-Milias-Brown Act with
respect to court employees specified in Section 3501.5.
(7) Actual indirect costs for county and city and county general
services attributable to court operations, but specifically
excluding, but not limited to, law library operations conducted by a
trust pursuant to statute; courthouse construction; district attorney
services; probation services; indigent criminal defense; grand jury
expenses and operations; and pretrial release services.
(b) However, "court operations" does not include collection
enhancements as defined in Rule 810 of the California Rules of Court
as it read on July 1, 1996.
SEC. 44. Section 77009 is added to the Government Code, to read:
77009. (a) For the purposes of funding trial court operations,
each board of supervisors shall establish in the county treasury a
Trial Court Operations Fund, which will operate as a special revenue
fund. All funds appropriated in the Budget Act and allocated and
reallocated to each court in the county by the Judicial Council shall
be deposited into the fund. Accounts shall be established in the
Trial Court Operations Fund for each trial court in the county,
except that one account may be established for courts which have a
unified budget. In a county where court budgets include
appropriations for expenditures administered on a countywide basis,
including, but not limited to, court security, centralized
data-processing and planning and research services, an account for
each centralized service shall be established and funded from those
appropriations.
(b) The moneys of the Trial Court Operations Fund arising from
deposits of funds appropriated in the Budget Act and allocated or
reallocated to each court in the county by the Judicial Council shall
be payable only for the purposes set forth in Sections 77003 and
77006.5, and for services purchased by the court pursuant to
subdivisions (b) and (c) of Section 77212. The presiding judge of
each court in a county, or his or her designee, shall authorize and
direct expenditures from the fund and the county auditor-controller
shall make payments from the funds as directed. Approval of the
board of supervisors is not required for expenditure from this fund.
(c) Interest received by a county which is attributable to
investment of money required by this section to be deposited in its
Trial Court Operations Fund shall be deposited in the fund and shall
be used for trial court operations purposes.
(d) In no event shall interest be charged to the Trial Court
Operations Fund.
(e) Reasonable administrative expenses incurred by the county
associated with the operation of this fund shall be charged to each
court on a pro rata basis in proportion to the total amount allocated
to each court in this fund.
(f) A county, or city and county, may bill trial courts within its
jurisdiction for costs for services provided by the county, or city
and county, as described in Sections 77003 and 77212, including
indirect costs as described in paragraph (7) of subdivision (a) of
Section 77003 and Section 77212. The costs billed by the county, or
the city and the county, pursuant to this subdivision shall not
exceed the costs incurred by the county, or the city and the county,
of providing similar services to county departments or special
districts.
(g) Pursuant to Section 77206, the Controller, at the request of
the Legislature or the Judicial Council, may perform financial and
fiscal compliance audits of this fund.
(h) The Judicial Council with the concurrence of the Department of
Finance and the Controller's office shall establish procedures to
implement the provisions of this section and to provide for payment
of trial court operations expenses, as described in Sections 77003
and 77006.5, incurred on July 1, 1997, and thereafter.
(i) The Judicial Council shall study alternative methods for the
establishment and management of the Trial Court Operations Fund as
provided in this section, and shall report its findings and
recommendations to the Legislature not later than November 1, 1998.
SEC. 45. Article 3 (commencing with Section 77200) of Chapter 13
of Title 8 of the Government Code is repealed.
SEC. 46. Article 3 (commencing with Section 77200) is added to
Chapter 13 of Title 8 of the Government Code, to read:
Article 3. State Finance Provisions
77200. On and after July 1, 1997, the state shall assume sole
responsibility for the funding of court operations, as defined in
Section 77003 and Rule 810 of the California Rules of Court as it
read on July 1, 1996. In meeting this responsibility, the state
shall do all of the following:
(a) Deposit in the State Trial Court Trust Fund, for subsequent
allocation to or for the trial courts, all county funds remitted to
the state pursuant to Section 77201.
(b) Be responsible for the cost of court operations incurred by
the trial courts in the 1997-98 fiscal year and subsequent fiscal
years.
(c) Allocate funds to the individual trial courts pursuant to an
allocation schedule adopted by the Judicial Council, but in no case
shall the amount allocated to the trial courts of a county be less
than the amount remitted to the state by the county in which those
courts are located pursuant to paragraphs (1) and (2) of subdivision
(b) of Section 77201.
(d) The Judicial Council shall submit its allocation schedule to
the Controller at least 15 days before the due date of any
allocation.
77201. (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 810 of the California Rules of Court as it read on July 1,
1996.
(b) In the 1997-98 fiscal year, each county shall remit to the
state in four equal installments due on January 1, April 1, and June
30, the amounts specified in paragraphs (1) and (2), as follows:
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda ........................ $ 42,045,093
Alpine ......................... 46,044
Amador ......................... 900,196
Butte .......................... 2,604,611
Calaveras ...................... 420,893
Colusa ......................... 309,009
Contra Costa ................... 21,634,450
Del Norte ...................... 780,786
El Dorado ...................... 3,888,927
Fresno ......................... 13,355,025
Glenn .......................... 371,607
Humboldt ....................... 2,437,196
Imperial ....................... 2,055,173
Inyo ........................... 546,508
Kern ........................... 16,669,917
Kings........................... 2,594,901
Lake ........................... 975,311
Lassen ......................... 517,921
Los Angeles .................... 291,872,379
Madera ......................... 1,242,968
Marin .......................... 6,837,518
Mariposa ....................... 177,880
Mendocino ...................... 1,739,605
Merced ......................... 1,363,409
Modoc .......................... 114,249
Mono ........................... 271,021
Monterey ....................... 5,739,655
Napa ........................... 2,866,986
Nevada ......................... 815,130
Orange ......................... 76,567,372
Placer ......................... 6,450,175
Plumas ......................... 413,368
Riverside ...................... 32,524,412
Sacramento ..................... 40,692,954
San Benito ..................... 460,552
San Bernardino ................. 31,516,134
San Diego ...................... 77,637,904
San Francisco .................. 31,142,353
San Joaquin .................... 9,102,834
San Luis Obispo ................ 6,840,067
San Mateo ...................... 20,383,643
Santa Barbara .................. 10,604,431
Santa Clara .................... 49,876,177
Santa Cruz ..................... 6,449,104
Shasta ......................... 3,369,017
Sierra ......................... 40,477
Siskiyou ....................... 478,144
Solano ......................... 10,780,179
Sonoma ......................... 9,273,174
Stanislaus ..................... 8,320,727
Sutter ......................... 1,718,287
Tehama ......................... 1,352,370
Trinity ........................ 620,990
Tulare ......................... 6,981,681
Tuolumne ....................... 1,080,723
Ventura ........................ 16,721,157
Yolo ........................... 2,564,985
Yuba ........................... 842,240
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001 and 1464 of the Penal Code, and Sections 42007,
42007.1, and 42008 of the Vehicle Code during the 1994-95 fiscal
year:
Jurisdiction Amount
Alameda ........................ $12,769,882
Alpine ......................... 58,757
Amador ......................... 377,005
Butte .......................... 1,437,671
Calaveras ...................... 418,558
Colusa ......................... 485,040
Contra Costa ................... 5,646,329
Del Norte ...................... 727,852
El Dorado ...................... 1,217,093
Fresno ......................... 4,505,786
Glenn .......................... 455,389
Humboldt ....................... 1,161,745
Imperial ....................... 1,350,760
Inyo ........................... 878,321
Kern ........................... 6,688,247
Kings........................... 1,115,601
Lake ........................... 424,070
Lassen ......................... 513,445
Los Angeles .................... 89,771,310
Madera ......................... 1,207,998
Marin .......................... 2,700,045
Mariposa ....................... 135,457
Mendocino ...................... 948,837
Merced ......................... 2,093,355
Modoc .......................... 122,156
Mono ........................... 415,136
Monterey ....................... 3,855,457
Napa ........................... 874,219
Nevada ......................... 1,378,796
Orange ......................... 24,830,542
Placer ......................... 2,182,230
Plumas ......................... 225,080
Riverside ...................... 13,328,445
Sacramento ..................... 7,548,829
San Benito ..................... 346,451
San Bernardino ................. 11,694,120
San Diego ...................... 21,410,586
San Francisco .................. 5,925,950
San Joaquin .................... 4,753,688
San Luis Obispo ................ 2,573,968
San Mateo ...................... 7,124,638
Santa Barbara .................. 4,094,288
Santa Clara .................... 15,561,983
Santa Cruz ..................... 2,267,327
Shasta ......................... 1,198,773
Sierra ......................... 46,778
Siskiyou ....................... 801,329
Solano ......................... 3,757,059
Sonoma ......................... 2,851,883
Stanislaus ..................... 2,669,045
Sutter ......................... 802,574
Tehama ......................... 761,188
Trinity ........................ 137,087
Tulare ......................... 2,299,167
Tuolumne ....................... 440,496
Ventura ........................ 6,129,411
Yolo ........................... 1,516,065
Yuba ........................... 402,077
(3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(4) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
Nothing in this paragraph is intended to limit judicial sentencing
discretion.
(c) The Department of Finance shall adjust the amount specified in
paragraph (1) of subdivision (b) that a county is required to submit
to the state, pursuant to the following procedures:
(1) A county may submit a declaration to the Department of
Finance, no later than February 15, 1998, that declares that (A) the
county incorrectly reported county costs as court operations costs as
defined in Section 77003 in the 1994-95 fiscal year, and that
incorrect report resulted in the amount the county is required to
submit to the state pursuant to paragraph (1) of subdivision (b)
being too high, (B) the amount the county is required to submit to
the state pursuant to paragraph (1) of subdivision (b) includes
amounts that were specifically appropriated, funded and expended by a
county or city and county during fiscal year 1994-95 to fund
extraordinary one-time expenditures for court operation costs, or (C)
the amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) includes expenses that were funded
from grants or subventions from any source, for court operation costs
that could not have been funded without those grants or subventions
being available. A county submitting that declaration shall
concurrently transmit a copy of the declaration to the courts of that
county. The trial courts in a county that submits that declaration
shall have the opportunity to comment to the Department of Finance on
the validity of the statements in the declaration. Upon receipt of
the declaration and comments, if any, the Department of Finance shall
determine and certify which costs identified in the county's
declaration were incorrectly reported as court operation costs or
were expended for extraordinary one-time expenditures or funded from
grants or subventions in the 1994-95 fiscal year. The Department of
Finance shall reduce the amount a county must submit to the state
pursuant to paragraph (1) of subdivision (b) by an amount equal to
the amount the department certifies was incorrectly reported as court
operations costs or were expended for extraordinary one-time expense
or funded from grants or subventions in the 1994-95 fiscal year. If
a county disagrees with the Department of Finance's failure to
verify the facts in the county's declaration and reduce the amount
the county is required to submit to the state pursuant to paragraph
(1) of subdivision (b), the county may request that the Controller
conduct an audit to verify the facts in the county's declaration.
The Controller shall conduct the requested audit, which shall be at
the requesting county's expense. If the Controller's audit verifies
the facts in the county's declaration, the department shall reduce
the amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) by an amount equal to the amount
verified by the Controller's audit and the state shall reimburse the
requesting county for the cost of the audit. A county shall provide,
at no charge to the court, any service for which the amount in
paragraph (1) of subdivision (b) was adjusted downward, if the county
is required to provide that service at no cost to the court by any
other provision of law.
(2) A court may submit a declaration to the Department of Finance,
no later than February 15, 1998, that the county failed to report
county costs as court operations costs as defined in Section 77003 in
the 1994-95 fiscal year, and that this failure resulted in the
amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b) being too low. A court submitting
that declaration shall concurrently transmit a copy of the
declaration to the county. A county shall have the opportunity to
comment to the Department of Finance on the validity of statements in
the declaration and comments, if any. Upon receipt of the
declaration, the Department of Finance shall determine and certify
which costs identified in the court's declaration should have been
reported by the county as court operation costs in the 1994-95 fiscal
year and whether this failure resulted in the amount the county is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) being too low. The Department of Finance shall
notify the county, trial courts in the county, and the Judicial
Council of its certification and decision. Within 30 days, or on or
before June 30, 1998, whichever is later, the county shall either
notify the Department of Finance, trial courts in the county, and the
Judicial Council that the county shall assume responsibility for the
costs the county has failed to report or that the department shall
increase the amount the county is required to submit to the state
pursuant to paragraph (1) of subdivision (b) by an amount equal to
the amount certified by the department. A county shall not be
required to continue to provide services for which the amount in
paragraph (1) of subdivision (b) was adjusted upward.
(3) A county shall submit a declaration to the Department of
Finance, no later than February 15, 1998, that the amount it is
required to submit to the state pursuant to paragraph (1) of
subdivision (b) either includes or does not include the costs for
local judicial benefits which are court operation costs as defined in
Section 77003 and Rule 810 of the California Rules of Court. The
trial courts in a county that submits such a declaration shall be
given a copy of the declaration and the opportunity to comment on the
validity of the statements in the declaration. The Department of
Finance shall verify the facts in the county's declaration and
comments, if any, within 30 days of receipt of the declaration and,
upon verification that the amount the county is required to submit to
the state includes the costs of local judicial benefits, the
department shall reduce the amount the county is required to submit
to the state pursuant to paragraph (1) of subdivision (b) by an
amount equal to the cost of those judicial benefits, in which case
the county shall continue to be responsible for the cost of those
benefits. If a county disagrees with the Department of Finance's
failure to verify the facts in the county's declaration and reduce
the amount the county is required to submit to the state pursuant to
paragraph (1) of subdivision (b), the county may request that the
Controller conduct an audit to verify the facts in the county's
declaration. The Controller shall conduct the requested audit which
shall be at the requesting county's expense. If the Controller's
audit verifies the facts in the county's declaration, the department
shall reduce the amount the county is required to submit to the state
pursuant to paragraph (1) of subdivision (b) by an amount equal to
the amount verified by the Controller's audit and the state shall
reimburse the requesting county for the cost of the audit.
(d) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(e) Nothing in this section is intended to relieve a county of
the responsibility for justice-related expenses not included in
Section 77003 which are otherwise required of the county by law,
including, but not limited to, indigent defense representation and
investigation, and payment of youth authority charges.
(f) The Department of Finance shall notify the county, trial
courts in the county, and Judicial Council of the final decision and
resulting adjustment.
(g) On or before February 15, 1998, each county shall submit to
the Department of Finance a report of the amount it expended for
trial court operations as defined in Section 77003 and Rule 810 of
the California Rules of Court as it read on July 1, 1996, between the
start of the 1997-98 fiscal year and the effective date of this
section. The department shall reduce the amount a county is required
to remit to the state pursuant to paragraph (1) of subdivision (b)
in the 1997-98 fiscal year by an amount equal to the amount a county
expended for court operation costs between the start of the 1997-98
fiscal year and the effective date of this section. The department
shall also reduce the amount a county is required to remit to the
state pursuant to paragraph (2) of subdivision (b) in the 1997-98
fiscal year by an amount equal to the amount of fine and forfeiture
revenue that a county remitted to the state between the start of the
1997-98 fiscal year and the effective date of this section. The
department shall notify the county, the trial courts of the county,
and the Judicial Council of the amount it has reduced a county's
obligation to remit to the state pursuant to this subdivision.
(h) This section shall be repealed on July 1, 1998, unless a
later-enacted statute, enacted before that date extends or deletes
that date.
77201.1. (a) Commencing on July 1, 1997, no county shall be
responsible for funding court operations, as defined in Section 77003
and Rule 810 of the California Rules of Court as it read on July 1,
1996.
(b) Commencing in the 1998-99 fiscal year, and each fiscal year
thereafter, each county shall remit to the state in four equal
installments due on October 1, January 1, April 1, and July 1, the
amounts specified in paragraphs (1) and (2), as follows:
(1) Except as otherwise specifically provided in this section,
each county shall remit to the state the amount listed below which is
based on an amount expended by the respective county for court
operations during the 1994-95 fiscal year:
Jurisdiction Amount
Alameda ........................ $ 29,554,276
Alpine ......................... -
Amador ......................... -
Butte .......................... 2,188,561
Calaveras ...................... -
Colusa ......................... -
Contra Costa ................... 14,553,828
Del Norte ...................... -
El Dorado ...................... 2,642,828
Fresno ......................... 11,220,322
Glenn .......................... -
Humboldt ....................... 2,023,135
Imperial ....................... 1,855,173
Inyo ........................... -
Kern ........................... 12,237,358
Kings........................... 1,981,326
Lake ........................... -
Lassen ......................... -
Los Angeles .................... 200,596,408
Madera ......................... 1,042,967
Marin .......................... 4,727,855
Mariposa ....................... -
Mendocino ...................... 1,539,605
Merced ......................... 1,163,409
Modoc .......................... -
Mono ........................... -
Monterey ....................... 5,539,656
Napa ........................... 2,131,045
Nevada ......................... 615,130
Orange ......................... 52,341,395
Placer ......................... 3,928,394
Plumas ......................... -
Riverside ...................... 21,226,163
Sacramento ..................... 25,798,064
San Benito ..................... -
San Bernardino ................. 22,536,554
San Diego ...................... 50,764,874
San Francisco .................. 20,731,433
San Joaquin .................... 7,129,952
San Luis Obispo ................ 4,447,550
San Mateo ...................... 13,179,481
Santa Barbara .................. 7,516,435
Santa Clara .................... 32,910,617
Santa Cruz ..................... 4,634,736
Shasta ......................... 2,750,564
Sierra ......................... -
Siskiyou ....................... -
Solano ......................... 6,975,509
Sonoma ......................... 6,724,289
Stanislaus ..................... 5,872,184
Sutter ......................... 1,388,808
Tehama ......................... -
Trinity ........................ -
Tulare ......................... 5,252,388
Tuolumne ....................... -
Ventura ........................ 11,392,454
Yolo ........................... 2,364,984
Yuba ........................... -
(2) Except as otherwise specifically provided in this section,
each county shall also remit to the state the amount listed below
which is based on an amount of fine and forfeiture revenue remitted
to the state pursuant to Sections 27361 and 76000 of this code,
Sections 1463.001 and 1464 of the Penal Code, and Sections 42007,
42007.1, and 42008 of the Vehicle Code during the 1994-95 fiscal
year:
Jurisdiction Amount
Alameda .......................... $ 9,912,156
Alpine ........................... 58,757
Amador ........................... 265,707
Butte ............................ 1,217,052
Calaveras ........................ 310,331
Colusa ........................... 397,468
Contra Costa ..................... 4,168,194
Del Norte ........................ 553,730
El Dorado ........................ 1,028,349
Fresno ........................... 3,695,633
Glenn ............................ 360,974
Humboldt ......................... 1,025,583
Imperial ......................... 1,144,661
Inyo ............................. 614,920
Kern ............................. 5,530,972
Kings............................. 982,208
Lake ............................. 375,570
Lassen ........................... 430,163
Los Angeles ...................... 71,002,129
Madera ........................... 1,042,797
Marin ............................ 2,111,712
Mariposa ......................... 135,457
Mendocino ........................ 755,680
Merced ........................... 1,733,156
Modoc ............................ 104,729
Mono ............................. 415,136
Monterey ......................... 3,330,125
Napa ............................. 721,437
Nevada ........................... 1,220,686
Orange ........................... 19,572,810
Placer ........................... 1,243,754
Plumas ........................... 193,772
Riverside ........................ 7,681,744
Sacramento ....................... 6,440,273
San Benito ....................... 302,324
San Bernardino ................... 9,092,380
San Diego ........................ 16,166,735
San Francisco .................... 4,046,107
San Joaquin ...................... 3,562,835
San Luis Obispo .................. 2,036,515
San Mateo ........................ 4,831,497
Santa Barbara .................... 3,277,610
Santa Clara ...................... 11,597,583
Santa Cruz ....................... 1,902,096
Shasta ........................... 1,044,700
Sierra ........................... 42,533
Siskiyou ......................... 615,581
Solano ........................... 3,011,833
Sonoma ........................... 2,316,999
Stanislaus ....................... 1,855,169
Sutter ........................... 678,681
Tehama ........................... 640,303
Trinity .......................... 137,087
Tulare ........................... 1,840,422
Tuolumne ......................... 361,665
Ventura .......................... 4,575,349
Yolo ............................. 1,158,629
Yuba ............................. 318,242
(3) Except as otherwise specifically provided in this section,
county remittances specified in paragraphs (1) and (2) shall not be
increased in subsequent years.
(4) The amount a county is required to remit pursuant to paragraph
(1) shall be adjusted by the amount equal to any adjustment
resulting from the procedures in subdivision (c) of Section 77201 as
it read on June 29, 1998.
(5) Any change in statute or rule of court that either reduces the
bail schedule or redirects or reduces a county's portion of fee,
fine, and forfeiture revenue to an amount that is less than (A) the
fees, fines, and forfeitures retained by that county and (B) the
county's portion of fines and forfeitures transmitted to the state in
the 1994-95 fiscal year, shall reduce that county's remittance
specified in paragraph (2) of this subdivision by an equal amount.
Nothing in this paragraph is intended to limit judicial sentencing
discretion.
(c) Nothing in this section is intended to relieve a county of the
responsibility to provide necessary and suitable court facilities
pursuant to Section 68073.
(d) Nothing in this section is intended to relieve a county of the
responsibility for justice-related expenses not included in Section
77003 which are otherwise required of the county by law, including,
but not limited to, indigent defense representation and
investigation, and payment of youth authority charges.
(e) County base-year remittance requirements specified in
paragraph (2) of subdivision (b) incorporate specific reductions to
reflect those instances where the Department of Finance has
determined that a county's remittance to both the General Fund and
the Trial Court Trust Fund during the 1994-95 fiscal year exceeded
the aggregate amount of state funding from the General Fund and the
Trial Court Trust Fund. The amount of the reduction was determined
by calculating the difference between the amount the county remitted
to the General Fund and the Trial Court Trust Fund and the aggregate
amount of state support from the General Fund and the Trial Court
Trust Fund allocated to the county's trial courts. In making its
determination of whether a county is entitled to a reduction pursuant
to that paragraph, the Department of Finance subtracted from county
revenues remitted to the state, all moneys derived from the fee
required by Section 42007.1 of the Vehicle Code and the parking
surcharge required by subdivision (c) of Section 76000.
(f) Notwithstanding subdivision (e), the Department of Finance
shall not reduce a county's base-year remittance requirement, as
specified in paragraph (2) of subdivision (b), if the county's trial
court funding allocation was modified pursuant to the amendments to
the allocation formula set forth in paragraph (4) of subdivision (d)
of Section 77200, as amended by Chapter 2 of the Statutes of 1993, to
provide a stable level of funding for small county courts in
response to reductions in the State General Fund support for the
trial courts.
(g) The Department of Finance shall notify the county, trial
courts in the county, and Judicial Council of the final decision and
resulting adjustment.
(h) This section shall become operative on July 1, 1998.
77202. (a) The Legislature shall make an annual appropriation to
the Judicial Council for the general operations of the trial courts
based on the recommendations of the Trial Court Budget Commission, as
approved by the Judicial Council, as specified in paragraph (4) of
subdivision (a) of Section 68502.5. The Judicial Council's trial
court budget request shall meet the needs of all trial courts in a
manner which promotes equal access to the courts statewide. The
Judicial Council shall allocate the appropriation to the trial courts
in a manner that best ensures the ability of the courts to carry out
their functions, promotes implementation of statewide policies, and
promotes the immediate implementation of efficiencies and cost saving
measures in court operations, in order to guarantee access to
justice to citizens of the state.
The Judicial Council shall ensure that the recommendations of the
commission and the allocations made by the council reward each trial
court's implementation of efficiencies and cost saving measures.
These efficiencies and cost saving measures shall include the
following:
(1) The use of blanket cross-assignments allowing judges to hear
civil, criminal, or other types of cases within the jurisdiction of
another court.
(2) The coordinated or joint use of subordinate judicial officers
to hear or try matters.
(3) The coordinated or joint use, sharing, or merger of court
support staff among trial courts within a county or across counties.
(4) The assignment of civil, criminal, or other types of cases for
hearing or trial, regardless of jurisdictional boundaries, to any
available judicial officer.
(5) The assignment of any type of case to a judge for all purposes
commencing with the filing of the case and regardless of
jurisdictional boundaries.
(6) The establishment of a separate calendar or division to hear a
particular type of case.
(7) In rural counties, the use of all court facilities for
hearings and trials of all types of cases and the acceptance of
filing documents in any case before any court in the county
participating in the coordination plan.
(8) The coordinated or joint use of alternative dispute resolution
programs, such as arbitration.
(9) The unification of the trial courts within a county to the
maximum extent permitted by the Constitution.
(10) The development and use of joint automated accounting and
case-processing systems.
(b) The Judicial Council shall promulgate rules governing
practices and procedures for budgeting in the trial courts in a
manner that best ensures the ability of the courts to carry out their
functions. The Administrative Office of the Courts, after
consultation with the Department of Finance, shall establish budget
procedures and an annual schedule of budget development and
management consistent with these rules.
77203. The Judicial Council may authorize a trial court to carry
unexpended funds over from one fiscal year to the next, provided that
the court carrying over the funds has fully implemented all
provisions of Rule 991 of the California Rules of Court as it read on
July 1, 1996, regarding trial court coordination.
77204. (a) The Judicial Council shall have the authority to
allocate funds appropriated annually to the State Trial Court Trust
Fund for the purpose of paying legal costs resulting from lawsuits or
claims arising out of the actions or conduct of a trial court, trial
court bench officer, or trial court employee, and for which the
state is named as a defendant or alleged to be the responsible party.
(b) For the purposes of this section, legal costs are further
defined to be (1) the state's portion of any agreement, settlement
decree, stipulation, or stipulated judgment in an action involving a
trial court bench officer or employee, or challenging a California
rule of court, form, local trial court rule or policy; (2) the state'
s portion of any judgment in an action involving a trial court bench
officer or employee, or challenging a California rule of court, form,
local trial court rule or policy; or (3) the state's portion of any
attorneys' fees, legal assistant fees, and any litigation costs and
expenses, including, but not limited to, experts' fees, incurred in
an action involving a trial court bench officer or employee, or
challenging a California rule of court, form, local trial court rule
or policy.
77205. (a) Notwithstanding any other provision of law, in any
year in which a county collects and remits fine and forfeiture
revenue pursuant to Sections 1463.001, 1463.07, and 1464 of the Penal
Code and Sections 42007, 42007.1, and 42008 of the Vehicle Code, and
Sections 27361 and 76000 of the Government Code that exceeds the
amount specified in paragraph (2) of subdivision (b) of Section
77201, the excess amount shall be divided between the county or city
and county and the state, with 50 percent of the excess transferred
to the state for deposit in the Trial Court Improvement Fund and 50
percent of the excess being deposited into the county general fund.
For the purpose of this subdivision, fine and forfeiture revenue
shall not include revenue from penalty assessments.
(b) Any amounts required to be distributed to the state pursuant
to subdivision (a) shall be remitted to the Controller no later than
45 days after the end of the fiscal year in which those fines and
forfeitures were collected. This remittance shall be accompanied by
a remittance advice identifying the quarter of collection and stating
that the amount should be deposited in the Trial Court Improvement
Fund.
(c) Subject to subdivisions (a) and (b), moneys in the Trial Court
Improvement Fund shall be subject to expenditure pursuant to Section
77213.
77206. (a) The Judicial Council shall adopt appropriate rules for
budget submission, budget management, and reporting of revenues and
expenditures by each court. The Controller, in consultation with the
Judicial Council, shall maintain appropriate regulations for
recordkeeping and accounting by the courts, in order to determine all
moneys collected by the courts, including filing fees, fines,
forfeitures, and penalties, and all revenues and expenditures
relating to court operations.
(b) Regulations, rules, and reporting requirements adopted
pursuant to this chapter shall be exempt from review and approval or
other processing by the Office of Administrative Law as provided for
in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
(c) The Controller, at the request of the Legislature or the
Judicial Council, may perform and publish financial and fiscal
compliance audits of the reports of court revenues and expenditures.
The Controller shall report the results of these audits to the
Legislature.
(d) The Judicial Council shall provide for the transmission of
summary information concerning court revenues and expenditures to the
Controller.
77207. The Legislature shall appropriate trial court funding.
The Controller shall apportion trial court funding payments to the
courts pursuant to an allocation schedule adopted by the Judicial
Council in four quarterly installments. Beginning in the 1997-98
fiscal year, the Controller shall make quarterly apportionment
payments on July 15, October 15, January 15, and April 15, provided,
that if the operative date of this section is less than 10 days prior
to July 1, 1997, or thereafter, the Controller shall make the first
quarterly apportionment payment within 10 days of the operative date
of this section. In subsequent fiscal years, payments shall be due
on July 15, October 15, January 15, and April 15.
77208. Amounts appropriated in the annual Budget Act for assigned
judges shall be transferred to the Judicial Council on a monthly
basis. The Judicial Council shall certify the amount expended for
judicial assignment purposes monthly, and the Controller shall
transfer to the Judicial Council the amount certified. The amounts
so transferred by the Controller shall be credited to the
appropriation available to the Judicial Council in augmentation of
the Budget Act.
77209. (a) There is in the State Treasury the Trial Court
Improvement Fund.
(b) The Judicial Council shall reserve funds for the following
projects by allocating 1 percent of the annual appropriation for the
trial courts to the Trial Court Improvement Fund as follows:
(1) At least one-half of 1 percent of the total appropriation for
trial court operations shall be set aside as a reserve which shall
not be allocated prior to March 15 of each year unless allocated to a
court or courts for urgent needs.
(2) Up to one-quarter of 1 percent of the total appropriation for
trial court operations may be allocated from the fund to courts which
have fully implemented the requirements of Rule 991 of the
California Rules of Court, as it read on July 1, 1996, and which meet
additional criteria as may be established by the Judicial Council.
(3) Up to one-quarter of 1 percent of the total appropriation for
trial court operations may be allocated from the fund for statewide
projects or programs for the benefit of the trial courts.
(c) Except as specified in this section, the funds in the Trial
Court Improvement Fund shall be subject to expenditure as specified
in Sections 77205 and 77213. Any funds in the Trial Court
Improvement Fund that are unencumbered at the end of the fiscal year
shall be reappropriated to the Trial Court Improvement Fund for the
following fiscal year.
(d) Moneys deposited in the Trial Court Improvement Fund shall be
placed in an interest bearing account. Any interest earned shall
accrue to the fund and shall be disbursed pursuant to subdivision
(e).
(e) Moneys deposited in the Trial Court Improvement Fund may be
disbursed for purposes of this section.
(f) Moneys deposited in the Trial Court Improvement Fund pursuant
to Section 68090.8 shall be allocated by the Judicial Council for
automated recordkeeping system improvements pursuant to that section
and in furtherance of Rule 991 of the California Rules of Court, as
it read on July 1, 1996.
(g) Moneys deposited in the Trial Court Improvement Fund shall be
administered by the Judicial Council. The Judicial Council may, with
appropriate guidelines, delegate to the Administrative Office of the
Courts the administration of the fund. Moneys in the fund may be
expended to implement trial court projects approved by the Judicial
Council. Expenditures may be made to vendors or individual trial
courts that have the responsibility to implement approved projects.
(h) Notwithstanding other provisions of this section, the 2
percent automation fund moneys deposited in the Trial Court
Improvement Fund pursuant to Section 68090.8 shall be allocated by
the Judicial Council to individual courts of the counties for deposit
in the Trial Court Operations Fund of the county from which the
money was collected in an amount not less than the revenues collected
in the local 2 percent automation funds in fiscal year 1994-95. The
Judicial Council shall allocate the remainder of the moneys
deposited in the Trial Court Improvement Fund as specified in this
section.
For the purposes of this subdivision, the term "2 percent
automation fund" means the fund established pursuant to Section
68090.8 as it read on June 30, 1996.
(i) The Judicial Council shall present an annual report to the
Legislature on the use of the Trial Court Improvement Fund. The
report shall include appropriate recommendations.
77210. (a) The state shall provide municipal court judges retired
under the Judges' Retirement System with retiree health, dental, and
vision care plans equal to and in the same manner as the health,
dental, and vision benefits provided to retired superior court
judges.
(b) No judge shall have any salary or benefits reduced solely by
reason of the enactment of this section.
77211. Any trial court may establish a "900" telephone number or
numbers for traffic, misdemeanor, and other telephonic arraignment,
for court scheduling, and for rendering tentative civil decisions,
provided the court provides an alternative method of obtaining the
service or information in a free and timely manner, and informs
individuals of this alternative in the message preceding the "900"
information. The proceeds from these "900" telephone numbers shall
be continuously and solely appropriated to the use of that court for
staff, information, and data-processing services for the purposes
specified in this section.
77212. (a) The State of California, the Counties of California,
and the Trial Courts of California, recognize that a unique and
interdependent relationship has evolved between the courts and the
counties over a sustained period of time. While it is the intent of
this act to transfer all fiscal responsibility for the support of the
trial courts from the counties to the State of California, it is
imperative that the activities of the state, the counties, and the
trial courts be maintained in a manner that ensures that services to
the people of California not be disrupted. Therefore, to this end,
during the 1997-98 fiscal year, commencing on July 1, 1997, counties
shall continue to provide and courts shall continue to use, county
services provided to the trial courts on July 1, 1997, including, but
not limited to: auditor/controller services, coordination of
telephone services, data-processing and information technology
services, procurement, human resources services, affirmative action
services, treasurer/tax collector services, county counsel services,
facilities management, and legal representation. These services
shall be provided to the court at a rate that shall not exceed the
costs of providing similar services to county departments or special
districts. If the cost was not included in the county base pursuant
to paragraph (1) of subdivision (b) of Section 77201 or was not
otherwise charged to the court prior to July 1, 1997, and were court
operation costs as defined in Section 77003 in the fiscal year
1994-95, the court may seek adjustment of the amount the county is
required to submit to the state pursuant to paragraph (2) of
subdivision (c) of Section 77201.
(b) In fiscal year 1998-99 commencing on July 1, 1998, and
thereafter the county may give notice to the court that the county
will no longer provide a specific service except that the county
shall cooperate with the court to ensure that a vital service for the
court shall be
available from the county or other entities that provide such
services. The notice must be given at least 90 days prior to the end
of the fiscal year and shall be effective only upon the first day of
the succeeding fiscal year.
(c) In fiscal year 1998-99, commencing on July 1, 1998, and
thereafter, the court may give notice to the county that the court
will no longer use a specific county service. The notice shall be
given at least 90 days prior to the end of the fiscal year and shall
be effective only upon the first day of the succeeding fiscal year.
However, for three years from the effective date of this section, a
court shall not terminate a service that involved the acquisition of
equipment, including, but not limited to, computer and
data-processing systems financed by a long-term financing plan
whereby the county is dependent upon the court's continued financial
support for a portion of the cost of the acquisition.
77213. (a) There is in the State Treasury the Judicial
Administration Efficiency and Modernization Fund.
(b) Moneys deposited into this fund shall be administered by the
Judicial Council, subject to appropriation by the Legislature. The
Judicial Council may, with appropriate guidelines, delegate to the
Administrative Office of the Courts the administration of the fund.
Moneys in the fund may be expended to promote improved access,
efficiency, and effectiveness in trial courts that have unified to
the fullest extent permitted by law. Moneys in the fund may be
expended to implement projects approved by the Judicial Council.
Expenditures may be made to vendors or individual trial courts that
have the responsibility to implement approved projects. Projects
approved by the Judicial Council may include, but are not limited to,
the following:
(1) Support the payment for cost of judicial officers or court
staff who participate in in-state education programs, or to support
local trial court education programs.
(2) Improved technology including information systems programming
or equipment upgrades that meet standards approved by the Judicial
Council and that promote efficiency and access to justice, or other
technology that promotes access, efficiency, or security.
(3) Retain experienced jurists by establishing incentives of
enhanced judicial benefits and educational sabbaticals, not to exceed
120 days every five years, as provided for by rules of court adopted
by the Judicial Council.
(4) Acquire improved legal research through the use of law clerks
or technology.
(c) Annually, the Judicial Council shall adopt criteria,
timelines, and procedures for the allocation of funds to support
activities for the benefit of qualified courts. The Judicial Council
may allocate funding to pay program costs directly, contract with
courts, and permanently reallocate funding to courts subject to the
following limitations:
(1) Not more than 20 percent of the fund may be permanently
reallocated pursuant to paragraph (1) of subdivision (b). The
Judicial Council shall develop a plan which will permit the extension
of the benefits to all judges of the state at such time when the
trial courts of all counties have unified to the maximum extent
permitted by law.
(2) Not more than 40 percent may be permanently reallocated to
trial courts for any other purpose approved by the Judicial Council.
(3) The Judicial Council shall retain at least 40 percent of the
funding to support annual allocations for improvement projects and
programs in qualifying courts.
(4) Written notice shall be given to the Director of the
Department of Finance and the Joint Legislative Budget Committee of
any permanent reallocation.
(d) Except as specified in this section, the funding in the
Judicial Administration Efficiency and Modernization Fund shall be
subject to the expenditures as specified in Section 77205. Any funds
in the Judicial Administration Efficiency and Modernization Fund
that are unencumbered at the end of the fiscal year shall be retained
in the Judicial Administration Efficiency and Modernization Fund for
the following fiscal year.
(e) Moneys deposited in the Judicial Administration Efficiency and
Modernization Fund shall be placed in an interest-bearing account.
Any interest earned shall accrue to the fund and shall be disbursed
pursuant to subdivision (f).
(f) Money deposited in the Judicial Administration Efficiency and
Modernization Fund may be disbursed for purposes of this section.
SEC. 47. Article 4 (commencing with Section 77300) of Chapter 13
of Title 8 of the Government Code is repealed.
SEC. 48. Chapter 14 (commencing with Section 77600) is added to
Title 8 of the Government Code, to read:
CHAPTER 14. TRIAL COURT FUNDING AND IMPROVEMENT ACT OF 1997
Article 1. The Task Force on Trial Court Employees
77600. The Task Force on Trial Court Employees shall be
established pursuant to this article on or before January 1, 1998,
and is charged with recommending an appropriate system of employment
and governance for trial court employees.
77601. The task force shall be comprised of the following
members:
(a) Four representatives of trial courts, appointed by the Chief
Justice, representing two urban, one suburban, and one rural courts.
(b) Four representatives of counties, appointed by the Governor
from a list of nominees submitted by the California State Association
of Counties, representing urban, suburban, and rural counties.
(c) Three representatives appointed by the Senate Rules Committee,
at least two of whom shall represent trial court employee
organizations.
(d) Three representatives appointed by the Speaker of the
Assembly, at least two of whom shall represent trial court employee
organizations.
(e) The Director of the Department of Personnel Administration or
his or her representative.
(f) The Chief Executive Officer of PERS or his or her
representative.
(g) The Director of Finance or his or her representative.
(h) The Chief Justice shall designate a justice of the court of
appeal as nonvoting chairperson.
77602. The Judicial Council shall provide staff support for the
task force and shall develop guidelines for procedures and practices
for the task force, which shall include input from and approval of
the task force. The Department of Personnel Administration, the
Department of Finance, and the Legislative Analyst shall provide
additional support, at the request of the Judicial Council. The
California State Association of Counties is encouraged to provide
additional staff support.
77603. The duties of the task force shall include, but not be
limited to, the following:
(a) Complete a survey of all trial courts regarding court employee
status, classification, and salary.
(b) Document the local retirement systems in which trial court
employees are members and the terms of the systems, and identify
future retirement options.
(c) Determine the costs associated with a change in retirement
benefits for court employees, including the cost to counties
resulting from such change, including, but not limited to, the impact
of such a change on pension obligation bonds, unfunded liabilities,
and changes in actuarial assumptions.
(d) Document existing contractual agreements and the terms and
conditions of employment, and document exclusive bargaining agents
representing court employees by court, county, and unit.
(e) Document existing constitutional, statutory, and other
provisions relating to classification, compensation, and benefits of
court employees.
(f) Identify functions relating to trial courts that are provided
by county employees.
(g) Examine and outline issues relating to the establishment of a
local personnel structure for trial court employees under (1) court
employment, (2) county employment, with the concurrence of the county
and the courts in the county (3) state employment with the
concurrence of the state and the courts in the county, or (4) other
options identified by the task force. The task force, in
recommending options for employee status, shall consider the
complexity of the interests of employees and various governmental
entities. Their recommendations shall, to the greatest extent
possible, recognize the need for achieving the concurrence of the
affected parties.
In outlining these issues, consideration shall be given to
contractual obligations, minimizing disruption of the trial court
work force, and protecting the rights accrued by employees under
their current systems.
(h) Prepare a method for submitting the issue of employment status
to an advisory vote of trial court employees in each county.
(i) Recommend a personnel structure for trial court employees.
77604. (a) The task force shall be appointed by October 1, 1997.
(b) The task force shall meet and establish its operating
procedures on or before January 1, 1998.
(c) The task force shall submit an interim report to the Judicial
Council, the Legislature, and the Governor on or before January 30,
1999. The report shall include the findings and recommendations of
the task force with respect to the issues listed in Section 77603.
The report shall be circulated for comment to the counties,
judiciary, the Legislature, the Governor, and local and state
employee organizations.
(d) The task force shall submit a final report to the above on or
before June 1, 1999.
77605. (a) After giving consideration and due weight to the
report of the task force, on or before January 1, 2000, the Judicial
Council shall submit findings and recommendations to the Legislature
relative to the establishment of a system of uniform court employee
classifications, which may provide for local flexibility. These
classifications shall include duty statements, minimum
qualifications, and salary ranges. The classifications shall be
broad enough so that the employees and their managers have maximum
flexibility to accommodate the needs of the courts and the employees.
(b) It is the intent of the Legislature to enact a personnel
system, that shall take effect on or before January 1, 2001, for
employment of trial court employees. The personnel system shall have
uniform statewide applicability and promote organizational and
operational flexibility in accordance with Section 77001.
(c) Nothing herein is intended to prejudge or compel a finding by
the task force that court or county or state employment is preferred.
(d) No provision of this article is intended to reduce judicial or
court employee salary or benefits.
(e) No provision of this act shall be deemed to affect the current
employment status of, or reduce benefits for, any peace officer
involved in court operations.
77606. The recommendations of the task force shall take effect
only upon subsequent action of the Legislature.
Article 2. The Task Force on Court Facilities
77650. The Task Force on Court Facilities is hereby established
in state government and charged with identifying the needs related to
trial and appellate court facilities, and options and
recommendations for funding court facility maintenance, improvements,
and expansion, including the specific responsibilities of each
entity of government.
77651. The task force shall be composed of 18 members, appointed
as follows:
(a) Six members appointed by the Chief Justice who shall be from
urban, suburban, and rural courts. Four representatives may be
either trial court judges or trial court administrators. One
representative shall be a justice of the courts of appeal.
(b) Six members appointed by the Governor from a list of nominees
submitted by the California State Association of Counties, who
represent urban, suburban, and rural counties. Four representatives
may be either county supervisors or county administrators. One
representative shall be a person with court security responsibility.
(c) Two members appointed by the Senate Rules Committee, one of
whom shall represent the State Bar or an associated attorney
organization, neither of whom would be eligible for appointment under
subdivision (a) or (b).
(d) Two members appointed by the Speaker of the Assembly, one of
whom shall represent the State Bar or an associated attorney
organization, neither of whom would be eligible for appointment under
subdivision (a) or (b).
(e) The Director of General Services and the Director of Finance.
(f) The Chief Justice shall designate one of these representatives
as the chairperson of the task force.
77652. The Judicial Council shall provide staff support for the
task force and shall develop guidelines for procedures and practices
for the task force. The Department of General Services, the
Department of Finance, and the Legislative Analyst shall provide
additional support, at the request of the Judicial Council. The
California State Association of Counties is encouraged to provide
additional staff support.
77653. The duties of the task force shall include all of the
following:
(a) Document the state of existing court facilities.
(b) Document the need for new or modified court facilities and the
extent to which current court facilities are fully utilized.
(c) Document the funding mechanisms currently available for
maintenance, operation, construction, and renovation of court
facilities.
(d) Examine existing standards for court facility construction.
(e) Document the impacts of state actions on court facilities and
other state and local justice system facilities.
(f) Review and recommend operational changes which may mitigate
the need for additional court facilities, including the
implementation of methods to more fully utilize existing facilities.
(g) Review and provide recommendations on concepts regarding
security; operational flexibility; alternative dispute resolution;
meeting space; special needs of children, families, victims, and
disabled persons; technology; the dignity of the participants; and
any other special needs of court facilities.
(h) Recommend specific funding responsibilities among the various
entities of government for support of trial court facilities and
facility maintenance including, but not limited to, full state
responsibility or continued county responsibility.
(i) Recommend funding sources and financing mechanisms for support
of court facilities and facility maintenance.
77654. (a) The task force shall be appointed on or before October
1, 1997.
(b) The task force shall meet and establish its operating
procedures on or before January 1, 1998.
(c) The task force shall review all available court facility
standards and make preliminary determinations of acceptable standards
for construction, renovation, and remodeling of court facilities on
or before July 1, 1998.
(d) The task force shall complete a survey of all trial and
appellate court facilities in the state and report its findings to
the Judicial Council, the Legislature, and the Governor in a first
interim report on or before July 1, 1999. The report shall document
all of the following:
(1) The state of existing court facilities.
(2) The need for new or modified court facilities.
(3) The currently available funding options for constructing or
renovating court facilities, and the task force plan for the
succeeding year.
(e) The task force shall submit a second interim report to the
Judicial Council, the Legislature, and the Governor on or before July
1, 2000. The report shall document all of the following:
(1) The impact which creating additional judgeships has upon court
facility and other justice system facility needs.
(2) The effects which trial court coordination and consolidation
have upon court and justice system facilities needs.
(3) Administrative and operational changes which can reduce or
mitigate the need for added court or justice system facilities.
(f) The task force shall submit a third interim report to the
Judicial Council, the Legislature, and the Governor on or before
January 1, 2001. The report shall include all of the following:
(1) Recommendations for specific funding responsibilities among
the entities of government including full state responsibility, full
county responsibility, or shared responsibility.
(2) A proposed transition plan if responsibility is to be changed.
(3) Recommendations regarding funding sources for court facilities
and funding mechanisms to support court facilities.
(g) All interim reports shall be circulated for comment to the
counties, the judiciary, the Legislature, and the Governor. The task
force may also circulate these reports to users of the court
facilities.
(h) The task force shall submit a final report to the Judicial
Council, the Legislature, and the Governor on or before July 1, 2001.
The report shall include all elements of the interim reports
incorporating any changes recommended by the task force in response
to comments received.
(i) Notwithstanding any other provision of law, during the period
from July 1, 1997 to June 30, 2001, the board of supervisors of each
county shall be responsible for providing suitable and necessary
facilities for judicial officers and court support staff for judicial
positions created prior to January 1, 1996, to the extent required
by Section 68073. The board of supervisors of each county shall also
be responsible for providing suitable and necessary facilities for
judicial officers and court support staff for judgeships authorized
by statutes chaptered in 1996 to the extent required by Section
68073, provided that the board of supervisors agrees that new
facilities are either not required or that the county is willing to
provide funding for court facilities. Unless a court and a county
otherwise mutually agree, the state shall assume responsibility for
suitable and necessary facilities for judicial officers and support
staff for any judgeships authorized during the period from January 1,
1998, to June 30, 2001.
77655. Notwithstanding any other provision of law, including
Section 68073, the findings of the task force shall not be considered
or entered into evidence in any action brought by trial courts to
compel a county to provide facilities that the trial court contends
are necessary and suitable.
SEC. 48.5. Section 1170.45 is added to the Penal Code, to read:
1170.45. The Judicial Council shall collect data on criminal
cases statewide relating to the disposition of those cases according
to the race and ethnicity of the defendant, and report annually
thereon to the Legislature beginning no later than January 1, 1999.
It is the intent of the Legislature to appropriate funds to the
Judicial Council for this purpose.
SEC. 49. Section 1463.001 of the Penal Code is amended to read:
1463.001. Except as otherwise provided in this section, all fines
and forfeitures imposed and collected for crimes other than parking
offenses resulting from a filing in a court shall as soon as
practicable after receipt thereof, be deposited with the county
treasurer, and each month the total fines and forfeitures which have
accumulated within the past month shall be distributed, as follows:
(a) The state penalties, county penalties, special penalties,
service charges, and penalty allocations shall be transferred to the
proper funds as required by law.
(b) The base fines shall be distributed, as follows:
(1) Any base fines which are subject to specific distribution
under any other section shall be distributed to the specified funds
of the state or local agency.
(2) Base fines resulting from county arrest not included in
paragraph (1), shall be transferred into the proper funds of the
county.
In any fiscal year that a county, which has an agreement that was
in effect as of March 22, 1977, that provides for city fines and
forfeitures to accrue to the county in exchange for sales tax
receipts, does not remit to the General Fund an amount equal to the
amount transmitted during the 1993-94 fiscal year, that county shall
make a payment from county funds equal to the difference to the
General Fund by October 1 of the subsequent fiscal year.
(3) Base fines resulting from city arrests not included in
paragraph (1), an amount equal to the applicable county percentages
set forth in Section 1463.002, as modified by Section 1463.28, shall
be transferred into the proper funds of the county. Until July 1,
1998, the remainder of base fines resulting from city arrests shall
be divided between each city and county, with 50 percent deposited to
the county's general fund, and 50 percent deposited to the treasury
of the appropriate city, and thereafter the remainder of base fines
resulting from city arrests shall be deposited to the treasury of the
appropriate city.
(4) In a county that had an agreement as of March 22, 1977, that
provides for city fines and forfeitures to accrue to the county in
exchange for sales tax receipts, of base fines resulting from city
arrests not included in paragraph (1), 50 percent shall be deposited
to the General Fund, and 50 percent shall be deposited into the
proper funds of the county.
(c) Each county shall keep a record of its deposits to its
treasury and its transmittal to each city treasury pursuant to this
section.
(d) The distribution specified in subdivision (b) applies to all
funds subject thereto distributed on or after July 1, 1992,
regardless of whether the court has elected to allocate and
distribute funds pursuant to Section 1464.8.
(e) Any amounts remitted to the county from amounts collected by
the Franchise Tax Board upon referral by a county pursuant to Article
6 (commencing with Section 19280) of Chapter 5 of Part 10.2 of
Division 2 of the Revenue and Taxation Code shall be allocated
pursuant to this section.
SEC. 50. Section 1463.003 of the Penal Code is repealed.
SEC. 51. Section 1463.005 of the Penal Code is amended to read:
1463.005. Notwithstanding Section 1463.001, in a county subject
to Section 77202.5 of the Government Code, of base fines resulting
from arrests not subject to allocation under paragraph (1) of
subdivision (b) of Section 1463.001, by a California Highway Patrol
Officer on state highways constructed as freeways within the city
whereon city police officers enforced the provisions of the Vehicle
Code on April 1, 1965, 25 percent shall be deposited in the treasury
of the appropriate city, 75 percent shall be deposited in the proper
funds of the county.
SEC. 52. Section 1463.007 of the Penal Code is amended to read:
1463.007. Notwithstanding any other provision of law, any county
or court that implements or has implemented a comprehensive program
to identify and collect fines and forfeitures which have not been
paid after 60 days from the date on which they were due and payable,
with or without warrant having been issued against the alleged
violator, and for which the base fine excluding state and county
penalties is at least one hundred dollars ($100), may deduct and
deposit in the county treasury the cost of operating that program,
excluding capital expenditures, from any revenues collected thereby
prior to making any distribution of revenues to other governmental
entities required by any other provision of law. This section does
not apply to a defendant who is paying a fine or forfeiture through
time payments, unless he or she is delinquent in making payments
according to the agreed-upon payment schedule. For purposes of this
section, a comprehensive collection program is a separate and
distinct revenue collection activity and shall include at least 10 of
the following components:
(a) Monthly bill statements to all debtors.
(b) Telephone contact with delinquent debtors to apprise them of
their failure to meet payment obligations.
(c) Issuance of warning letters to advise delinquent debtors of an
outstanding obligation.
(d) Requests for credit reports to assist in locating delinquent
debtors.
(e) Access to Employment Development Department employment and
wage information.
(f) The generation of monthly delinquent reports.
(g) Participation in the Franchise Tax Board's tax intercept
program.
(h) The use of Department of Motor Vehicle information to locate
delinquent debtors.
(i) The use of wage and bank account garnishments.
(j) The imposition of liens on real property and proceeds from the
sale of real property held by a title company.
(k) The filing of objections to the inclusion of outstanding fines
and forfeitures in bankruptcy proceedings.
(l) Coordination with the probation department to locate debtors
who may be on formal or informal probation.
(m) The initiation of drivers' license suspension actions where
appropriate.
(n) The capability to accept credit card payments.
SEC. 53. Section 1463.009 of the Penal Code is amended to read:
1463.009. Notwithstanding Section 1463, all bail forfeitures that
are collected from any source in a case in which a defendant is
charged and convicted of a violation of Section 261, 264.1, 286, 288,
288a, 288.5, or 289, or of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7, and that are required to be
deposited with the county treasurer shall be allocated according to
the following priority:
(a) The county shall be reimbursed for reasonable administrative
costs for the collection of the forfeited property, the maintenance
and preservation of the property, and the distribution of the
property pursuant to this section.
(b) Out of the remainder of the forfeited bail money, a total of
up to 50 percent shall be distributed in the amount necessary to
satisfy any civil court judgment in favor of a victim as a result of
the offense or a restitution order due to a criminal conviction to a
victim who was under 18 years of age at the time of the commission of
the offense if the defendant is convicted under Section 261, 264.1,
286, 288, 288a, 288.5, or 289, and to a victim of any age if the
defendant has been convicted of a violent felony as defined in
subdivision (c) of Section 667.5 or a serious felony as defined in
subdivision (c) of Section 1192.7.
(c) The balance of the amount collected shall be deposited
pursuant to Section 1463.
SEC. 54. Section 1463.010 is added to the Penal Code, to read:
1463.010. The enforcement of court orders is recognized as an
important element of collections efforts. Therefore, the courts and
counties shall maintain the collection program which was in place on
January 1, 1996, unless otherwise agreed to by the court
and county. The program may wholly or
partially be staffed and operated within the court itself, may be
wholly or partially staffed and operated by the county, or may be
wholly or partially contracted with a third party.
SEC. 55. Section 1463.01 of the Penal Code is repealed.
SEC. 56. Section 1463.07 is added to the Penal Code, to read:
1463.07. An administrative screening fee of twenty-five dollars
($25) shall be collected from each person arrested and released on
his or her own recognizance upon conviction of any criminal offense
related to the arrest other than an infraction. A citation
processing fee in the amount of ten dollars ($10) shall be collected
from each person cited and released by any peace officer in the field
or at a jail facility upon conviction of any criminal offense, other
than an infraction, related to the criminal offense cited in the
notice to appear. However, the court may determine a lesser fee than
otherwise provided in this subdivision upon a showing that the
defendant is unable to pay the full amount. All fees collected
pursuant to this subdivision shall be deposited by the county auditor
in the general fund of the county. This subdivision applies only to
convictions occurring on or after the effective date of the act
adding this subdivision.
SEC. 57. Section 1464 of the Penal Code is amended to read:
1464. (a) Subject to Chapter 12 (commencing with Section 76000)
of Title 8 of the Government Code, there shall be levied a state
penalty, in an amount equal to ten dollars ($10) for every ten
dollars ($10) or fraction thereof, upon every fine, penalty, or
forfeiture imposed and collected by the courts for criminal offenses,
including all offenses, except parking offenses as defined in
subdivision (i) of Section 1463, involving a violation of a section
of the Vehicle Code or any local ordinance adopted pursuant to the
Vehicle Code. Any bail schedule adopted pursuant to Section 1269b
may include the necessary amount to pay the state penalties
established by this section and Chapter 12 (commencing with Section
76000) of Title 8 of the Government Code for all matters where a
personal appearance is not mandatory and the bail is posted primarily
to guarantee payment of the fine.
(b) Where multiple offenses are involved, the state penalty shall
be based upon the total fine or bail for each case. When a fine is
suspended, in whole or in part, the state penalty shall be reduced in
proportion to the suspension.
(c) When any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state penalty prescribed by this section for forfeited
bail. If bail is returned, the state penalty paid thereon pursuant
to this section shall also be returned.
(d) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state penalty, the payment of
which would work a hardship on the person convicted or his or her
immediate family.
(e) After a determination by the court of the amount due, the
clerk of the court shall collect the penalty and transmit it to the
county treasury. The portion thereof attributable to Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code
shall be deposited in the appropriate county fund and 70 percent of
the balance shall then be transmitted to the State Treasury, to be
deposited in the State Penalty Fund, which is hereby created, and 30
percent to remain on deposit in the county general fund. The
transmission to the State Treasury shall be carried out in the same
manner as fines collected for the state by a county.
(f) The moneys so deposited in the State Penalty Fund shall be
distributed as follows:
(1) Once a month there shall be transferred into the Fish and Game
Preservation Fund an amount equal to 0.33 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month, except that the total amount shall not be less than
the state penalty levied on fines or forfeitures for violation of
state laws relating to the protection or propagation of fish and
game. These moneys shall be used for the education or training of
department employees which fulfills a need consistent with the
objectives of the Department of Fish and Game.
(2) Once a month there shall be transferred into the Restitution
Fund an amount equal to 32.02 percent of the state penalty funds
deposited in the State Penalty Fund during the preceding month.
Those funds shall be made available in accordance with Section 13967
of the Government Code.
(3) Once a month there shall be transferred into the Peace
Officers' Training Fund an amount equal to 23.99 percent of the state
penalty funds deposited in the State Penalty Fund during the
preceding month.
(4) Once a month there shall be transferred into the Driver
Training Penalty Assessment Fund an amount equal to 25.70 percent of
the state penalty funds deposited in the State Penalty Fund during
the preceding month.
(5) Once a month there shall be transferred into the Corrections
Training Fund an amount equal to 7.88 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding month.
Money in the Corrections Training Fund is not continuously
appropriated and shall be appropriated in the Budget Act.
(6) Once a month there shall be transferred into the Local Public
Prosecutors and Public Defenders Training Fund established pursuant
to Section 11503 an amount equal to 0.78 percent of the state penalty
funds deposited in the State Penalty Fund during the preceding
month. The amount so transferred shall not exceed the sum of eight
hundred fifty thousand dollars ($850,000) in any fiscal year. The
remainder in excess of eight hundred fifty thousand dollars
($850,000) shall be transferred to the Restitution Fund.
(7) Once a month there shall be transferred into the
Victim-Witness Assistance Fund an amount equal to 8.64 percent of the
state penalty funds deposited in the State Penalty Fund during the
preceding month.
(8) (A) Once a month there shall be transferred into the Traumatic
Brain Injury Fund, created pursuant to Section 4358 of the Welfare
and Institutions Code, an amount equal to 0.66 percent of the state
penalty funds deposited into the State Penalty Fund during the
preceding month. However, the amount of funds transferred into the
Traumatic Brain Injury Fund for the 1996-97 fiscal year shall not
exceed the amount of five hundred thousand dollars ($500,000).
Thereafter, funds shall be transferred pursuant to the requirements
of this section.
(B) Any moneys deposited in the State Penalty Fund attributable to
the assessments made pursuant to subdivision (i) of Section 27315 of
the Vehicle Code on or after the date that Chapter 6.6 (commencing
with Section 5564) of Part 1 of Division 5 of the Welfare and
Institutions Code is repealed shall be utilized in accordance with
paragraphs (1) to (8), inclusive, of this subdivision.
SEC. 58. Section 11205.1 is added to the Vehicle Code, to read:
11205.1. The fee authorized in subdivision (m) of Section 11205
shall be applicable only in those instances where a traffic violator
has agreed to attend or has been ordered to attend a traffic violator
school pursuant to Section 42005, a licensed driving school, or any
other court-approved program for driving instruction.
SEC. 59. Section 42007 of the Vehicle Code is amended to read:
42007. (a) The clerk of the court shall collect a fee from every
person who is ordered or permitted to attend a traffic violator
school pursuant to Section 42005 or who attends any other
court-supervised program of traffic safety instruction. The fee
shall be in an amount equal to the total bail set forth for the
eligible offense on the uniform countywide bail schedule. As used in
this subdivision, "total bail" means the amount established pursuant
to Section 1269b of the Penal Code in accordance with the Uniform
Statewide Bail Schedule adopted by the Judicial Council, including
all assessments, surcharges, and penalty amounts. Where multiple
offenses are charged in a single notice to appear, the "total bail"
is the amount applicable for the greater of the qualifying offenses.
However, the court may determine a lesser fee under this subdivision
upon a showing that the defendant is unable to pay the full amount.
The fee shall not include the cost, or any part thereof, of
traffic safety instruction offered by the school or other program.
(b) (1) Revenues derived from the fee collected under this section
shall be deposited in accordance with Section 68084 of the
Government Code in the general fund of the county, provided that in
any county in which a fund is established pursuant to Section 76100
or 76101 of the Government Code, the sum of one dollar ($1) for each
fund so established shall be deposited with the county treasurer and
placed in that fund.
(2) Commencing July 1, 1998, for fees resulting from city arrests,
an amount equal to the amount of base fines that would have been
deposited in the treasury of the appropriate city pursuant to
paragraph (3) of subdivision (b) of Section 1463.001 of the Penal
Code shall be deposited in the treasury of the appropriate city.
(c) As used in this section, "court-supervised program" includes,
but is not limited to, any program of traffic safety instruction the
successful completion of which is accepted by the court in lieu of
adjudicating a violation of this code.
(d) The Judicial Council shall study the minimum eligibility
criteria governing drivers seeking to attend traffic violator's
school, and report to the Legislature on the advisability of uniform
statewide criteria on or before January 1, 1993.
(e) The clerk of the court, in a county that offers traffic school
shall include in any courtesy notice mailed to a defendant for an
offense that qualifies for traffic school attendance the following
statement:
NOTICE: If you are eligible and decide not to attend traffic
school your automobile insurance may be adversely affected.
SEC. 60. Section 42007.1 is added to the Vehicle Code, to read:
42007.1. (a) The fee collected by the clerk pursuant to
subdivision (a) of Section 42007 shall be in an amount equal to the
total bail set forth for the eligible offense on the uniform
countywide bail schedule plus twenty-four dollars ($24).
(b) Notwithstanding subdivision (b) of Section 42007, the revenue
from the twenty-four dollar ($24) fee collected under this section
shall be deposited in the county general fund.
SEC. 61. The Judicial Council shall forward information regarding
the fiscal impact of pending legislation affecting courts to the
Legislature when the council deems that the information will assist
the Legislature in its consideration of the legislation.
SEC. 62. (a) There shall be a Civil Delay Reduction Team comprised
of judges assigned by and under the authority of the Chief Justice.
(b) The primary responsibility of the team is to assist counties
and courts in reducing or eliminating the delay in adjudicating civil
cases.
(c) Team judges will be assigned by the Chief Justice after taking
into account the following.
(1) The number of delayed civil cases in each county and court.
(2) The delay in processing civil cases.
(3) The age of inventory of cases, with greater weight to be given
to cases with a long delay without resolution.
(4) The average length of time needed to dispose of civil cases.
(5) The adverse impact on civil litigants.
(6) The likelihood that utilization of the team will encourage
effective and efficient use of existing local court resources.
(d) Delay reduction team assignments shall be for the purpose of
supplementing civil court resources, and shall not be made for the
purpose of supplanting a judge currently assigned to the civil court
calendar.
(e) During the 1997-98 fiscal year, special attention shall be
given to those counties and courts where civil delay is much greater
than the state average delay for all trial courts.
(f) The Judicial Council shall report to the Legislature annually
on the assignment of team judges and the impact on civil case delay
reduction.
(g) This section shall become inoperative on July 1, 1999, and, as
of January 1, 2000, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2000, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 63. As provided in the Budget Act of 1997, of funds
appropriated in Schedule (a) of Item 0450-101-0932 of the Budget Act
of 1997, the Judicial Council shall transfer up to two million
dollars ($2,000,000) to Schedule (c) of that item for support of the
Civil Delay Reduction Team established by this act.
SEC. 64. No provision of this act shall be deemed to constitute a
mandate upon a county because the state's assumption of increased
funding support for the trial courts, pursuant to Section 77001 of
the Government Code, effectively relieves a county of the
responsibility to provide otherwise increasing funds to the trial
courts to help finance their operations.
SEC. 65. No provision of this act shall be deemed to constitute a
mandate upon a trial court because the state's assumption of
increased funding support for the trial courts, pursuant to Section
77001 of the Government Code, directly benefits the trial courts
through the provision of more adequate, consistent, and stable
financial support for their operations.