BILL NUMBER: AB 380	CHAPTERED
	BILL TEXT

	CHAPTER   259
	FILED WITH SECRETARY OF STATE   AUGUST 11, 1997
	APPROVED BY GOVERNOR   AUGUST 9, 1997
	PASSED THE ASSEMBLY   JULY 24, 1997
	PASSED THE SENATE   JULY 18, 1997
	AMENDED IN SENATE   JUNE 25, 1997
	AMENDED IN ASSEMBLY   MAY 13, 1997
	AMENDED IN ASSEMBLY   APRIL 14, 1997

INTRODUCED BY  Assembly Member Pacheco

                        FEBRUARY 20, 1997

   An act to amend Section 664.5 of, and to add Section 902.1 to, the
Code of Civil Procedure, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 380, Pacheco.  Courts:  constitutionality of state laws.
   (1) Existing law sets forth the duties of trial courts in actions
and proceedings, as specified.
   This bill would require the Judicial Council, on or before January
1, 1999, to adopt a rule of court providing that, upon entry of
judgment in a contested action or special proceeding in which a state
statute or regulation has been declared unconstitutional by the
court, notice of entry of judgment is mailed to the Attorney General,
and a certificate of that mailing is placed in the court's file in
the cause.  The bill would impose a state-mandated local program by
requiring new duties of trial court personnel.  The bill would also
provide that the Attorney General has the right to intervene and
participate in any appeal of a case in which the notice described
above was required, as specified, but has no direct right of appeal.
The bill would require the Attorney General to file a statement, as
specified, with the Legislature and Judicial Council if he or she
elects not to intervene in the appeal.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 664.5 of the Code of Civil Procedure is amended
to read:
   664.5.  (a) In any contested action or special proceeding other
than a small claims action or an action or proceeding in which a
prevailing party is not represented by counsel, the party submitting
an order or judgment for entry shall prepare and mail a copy of the
notice of entry of judgment to all parties who have appeared in the
action or proceeding and shall file with the court the original
notice of entry of judgment together with the proof of service by
mail.  This subdivision does not apply in a proceeding for
dissolution of marriage, for nullity of marriage, or for legal
separation.
   (b) Promptly upon entry of judgment in a contested action or
special proceeding in which a prevailing party is not represented by
counsel, the clerk of the court shall mail notice of entry of
judgment to all parties who have appeared in the action or special
proceeding and shall execute a certificate of such mailing and place
it in the court's file in the cause.
   (c) For purposes of this section, "judgment" includes any
judgment, decree, or signed order from which an appeal lies.
   (d) Upon order of the court in any action or special proceeding,
the clerk shall mail notice of entry of any judgment or ruling,
whether or not appealable.
   (e) The Judicial Council shall, by January 1, 1999, adopt a rule
of court for the purposes of providing that, upon entry of judgment
in a contested action or special proceeding in which a state statute
or regulation has been declared unconstitutional by the court, the
Attorney General is promptly notified of the judgment and that a
certificate of that mailing is placed in the court's file in the
cause.
  SEC. 2.  Section 902.1 is added to the Code of Civil Procedure, to
read:
   902.1.  In any case in which a notice was required pursuant to
subdivision (e) of Section 664.5, the Attorney General shall have the
right to intervene and participate in any appeal taken therefrom.
These rights shall apply regardless of whether the Attorney General
participated in the case in the trial court.  However, the Attorney
General has no direct right to appeal.  If the Attorney General
elects not to intervene and participate in the appeal, he or she
shall file a statement with the Legislature and the Judicial Council
stating the reason or reasons for the decision not to intervene and
participate in the appeal.  This statement may be in the form of an
annual report to the Legislature and Judicial Council and that report
shall be a matter of public record.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.