BILL NUMBER: SB 2139 CHAPTERED
BILL TEXT
CHAPTER 931
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1998
APPROVED BY GOVERNOR SEPTEMBER 28, 1998
PASSED THE SENATE AUGUST 31, 1998
PASSED THE ASSEMBLY AUGUST 31, 1998
AMENDED IN ASSEMBLY AUGUST 28, 1998
AMENDED IN ASSEMBLY AUGUST 26, 1998
AMENDED IN ASSEMBLY AUGUST 24, 1998
AMENDED IN ASSEMBLY JULY 1, 1998
AMENDED IN ASSEMBLY JUNE 15, 1998
AMENDED IN SENATE APRIL 2, 1998
INTRODUCED BY Senator Lockyer
FEBRUARY 20, 1998
An act to amend Sections 470.3, 6152, 6301, 6302.5, 6321, 6322,
6341, 7028.2, 17209, 17536.5, and 25762 of the Business and
Professions Code, to amend Sections 798.61, 1181, 1719, 1780,
1812.10, 2984.4, and 3342.5 of the Civil Code, to amend Sections 77,
82, 84, 86, 86.1, 91, 116.120, 116.210, 116.231, 116.250, 116.760,
116.770, 116.940, 116.950, 134, 166, 170.5, 170.7, 179, 194, 195,
198.5, 200, 215, 217, 234, 269, 274a, 274c, 392, 393, 395, 396, 396a,
400, 402, 422.30, 425.10, 425.11, 489.220, 564, 575, 575.1, 580,
581d, 594, 628, 631, 632, 655, 668, 670, 685.030, 688.010, 697.310,
697.350, 697.540, 703.600, 706.105, 708.180, 720.160, 720.260,
720.420, 871.3, 904.1, 904.2, 904.5, 911, 912, 996.430, 1014, 1033,
1052, 1052.5, 1060, 1068, 1085, 1103, 1134, 1140, 1141.11, 1141.12,
1161.2, 1167.2, 1171, 1206, 1281.5, 1283.05, 1287.4, 1710.20, 1775.1,
and 2015.3 of, to amend the heading of Chapter 5 (commencing with
Section 81) of Title 1 of Part 1 of, to add Sections 32.5, 38, 395.9,
399.5, 402.5, and 582.5 to, to add Chapter 5.1 (commencing with
Section 85) to Title 1 of Part 1 of, and to add a heading to Article
1 (commencing with Section 85) and Article 2 (commencing with Section
90) to Chapter 5.1 of Title 1 of Part 1 of, and to repeal Sections
83, 85, 87, 88, 89, and 422.20 of, and to repeal the headings of
Article 1 (commencing with Section 81) and Article 2 (commencing with
Section 90) of Chapter 5 of Title 1 of Part 1 of, the Code of Civil
Procedure, to amend Sections 44944, 45312, 48294, 48295, 87675,
87679, and 88131 of the Education Code, to amend Sections 325, 327,
8203, 13107, 13109, and 13111 of the Elections Code, to amend Section
300 of the Evidence Code, to amend Section 400 of the Family Code,
to amend Sections 1785, 1824, 1893, 3102, 17335, 18415.2, 18495,
31713, and 34113 of, and to amend and repeal Section 16154 of, the
Financial Code, to amend Sections 210, 309, 2357, 4341, 4755, 5934,
12150, and 12151 of the Fish and Game Code, to amend Sections 7581,
12647, 25564, 27601, 29733, 30801, 31503, 31621, 31622, 43039, 52514,
53564, and 59289 of the Food and Agricultural Code, to amend
Sections 910, 945.3, 990.2, 1770, 3501.6, 6701, 11189, 11511, 12965,
12972, 12980, 15422, 18671, 23220, 23296, 23398, 23579, 24055, 24057,
25351.3, 25560.4, 26299.008, 26524, 26665, 26806, 26820, 26820.4,
26824, 26826, 26826.01, 26863, 27082, 27647, 27706, 28003, 29603,
29610, 31469, 41606, 50920, 53069.4, 53075.6, 53075.61, 53679, 68071,
68072, 68074.1, 68081, 68084, 68086, 68090.7, 68093, 68098, 68108,
68112, 68114, 68114.5, 68114.6, 68115, 68152, 68206.2, 68505, 68513,
68540, 68542, 68542.5, 68546, 68547, 68551, 68620, 68902, 69510,
69744.5, 69746.5, 69753, 69957, 70141, 71002, 71004, 71010, 71040,
71042.5, 71045, 71080, 71083, 71085, 71088, 71091, 71092, 71093,
71094, 71095, 71098, 71099, 71100, 71140, 71141, 71143, 71145,
71180.5, 71181, 71220, 71221, 71264, 71267, 71280, 71280.1, 71280.2,
71280.3, 71280.4, 71280.5, 71340, 71341, 71380, 71381, 71382, 71384,
71386, 72055, 72056, 72056.01, 72056.1, 72060, 72190, 72190.1,
72190.2, 72193, 72194.5, 72196, 72197, 72198, 72301, 72302, 72604,
75101, 75103, 75602, 77003, and 77007 of, to amend the headings of
Chapter 6 (commencing with Section 71001) of Title 8 of, Article 7
(commencing with Section 71260) of Chapter 6 of Title 8 of, Article
10 (commencing with Section 71380) of Chapter 6 of Title 8 of, and
Chapter 8 (commencing with Section 72000) of Title 8 of, to add
Sections 3075 and 70140 to, to repeal and add Chapter 5.1 (commencing
with Section 70200) of Title 8 of, to repeal Sections 29605, 68078,
68202.5, 68541, 69741.7, 71080.5, 71080.6, 71080.7, 71084, 71087,
71091.1, 71096, 71097, 71180.3, 71180.4, 71181.1, and 72785 of, and
to repeal Chapter 7 (commencing with Section 71600) of Title 8 of,
the Government Code, to amend Sections 664 and 667 of the Harbors and
Navigation Code, to amend Sections 108580, 111880, 111895, 117070,
and 117120 of the Health and Safety Code, to amend Section 12961 of
the Insurance Code, to amend Sections 98, 98.2, 3352, 5710, and 6613
of the Labor Code, to amend Section 467 of the Military and Veterans
Code, to amend Sections 190.9, 682, 691, 726, 737, 740, 804, 806,
808, 810, 813, 827, 829, 830.1, 832.4, 851.8, 859, 859a, 860, 869,
949, 977, 977.2, 977.4, 987.1, 987.2, 988, 990, 1000, 1007, 1009,
1010, 1016, 1038, 1050, 1130, 1150, 1187, 1191, 1203.1, 1203.1c,
1214, 1235, 1269, 1269b, 1278, 1281a, 1327, 1368.1, 1382, 1424, 1427,
1428, 1429, 1429.5, 1447, 1449, 1458, 1459, 1462, 1462.2, 1463,
1463.1, 1463.22, 1466, 1468, 1471, 1538.5, 2620, 2621, 2623, 3076,
4004, 4022, 4024.1, 4112, 13125, 13151, and 14154 of, to amend the
headings of Title 9 (commencing with Section 1235) and Title 11
(commencing with Section 1427) of Part 2 of, Chapter 1 (commencing
with Section 1427), Chapter 2 (commencing with Section 1466), and
Chapter 3 (commencing with Section 1471) of, Title 11 of Part 2 of,
to add Sections 859c and 1039 to, and to repeal Sections 97, 1309,
and 1462.1 of, the Penal Code, to amend Sections 3357, 3769, and 5560
of the Public Resources Code, to amend Sections 1794, 5411.5, and
103100 of the Public Utilities Code, to amend Sections 6776, 6777,
19232, 19233, and 19280 of the Revenue and Taxation Code, to amend
Sections 1785 and 1786 of the Unemployment Insurance Code, to amend
Sections 2802.5, 9872.1, 10751, 11205, 14607.6, 27360, 40230, 40256,
40502, 40506.5, 40508.6, 42008, and 42203 of the Vehicle Code, to
amend Sections 310 and 1100 of the Water Code, to amend Sections 245,
255, 601.4, 603.5, 656, 661, 742.16, 3050, 3051, 3200, and 11350.7
of the Welfare and Institutions Code, to amend Section 22 of Chapter
201 of the Statutes of 1895, and to amend Section 4 of Chapter 238 of
the Statutes of 1903, relating to courts, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 2139, Lockyer. Courts: unification.
The California Constitution provides for the establishment of
superior and municipal courts, as specified, in each county. SCA 4
of the 1995-96 Regular Session, as approved by the voters on June 2,
1998, provides for the abolition of municipal courts within a county,
and for the establishment of a unified superior court for that
county, upon a majority vote of superior court judges and a majority
vote of municipal court judges within the county; provides for the
qualification and election of the judges; and revises the number of
jurors required in certain civil actions.
This bill would make various statutory changes to implement and
conform to the unification of trial courts pursuant to the
constitutional amendment. The bill would also make changes to
various provisions of the Code of Civil Procedure, Financial Code,
Government Code, Penal Code, and Vehicle Code to conform to changes
proposed by AB 310, AB 1094, AB 1211, AB 1590, AB 1754, AB 1858, AB
1927, AB 2070, AB 2134, AB 2551, SB 117, SB 752, SB 1452, SB 1558, SB
1608, SB 1638, SB 1768, SB 1850, and SB 2168, respectively,
contingent upon their prior enactment.
Existing law provides that, until January 1, 1999, a judge of a
municipal court is deemed to have served under assignment in the
superior court, under specified circumstances, for purposes of his or
her compensation.
This bill would extend those provisions until January 1, 2000.
The bill would state that it is to take effect immediately as an
urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 470.3 of the Business and Professions Code is
amended to read:
470.3. (a) Except as provided in subdivision (b), a fee of not
less than one dollar ($1) and not more than eight dollars ($8) may be
added to the total fees collected and fixed pursuant to Sections
26820.4, 26826, 26827, 68090, 72055, and 72056 of the Government Code
for the filing of a first paper in a civil action in superior or
municipal court, other than a small claims action.
(b) A fee of not less than one dollar ($1) and not more than three
dollars ($3) may be added to the total fees collected and fixed
pursuant to Sections 26820.4, 26826, 26827, 68090, 72055, and 72056
of the Government Code for the filing of a first paper in a civil
action in superior or municipal court, for those cases where the
monetary damages do not exceed the sum of two thousand five hundred
dollars ($2,500). To facilitate the computation of the correct fee
pursuant to this section, the complaint shall contain a declaration
under penalty of perjury executed by a party requesting a reduction
in fees that the case filed qualifies for the lower fee because claim
for money damages will not exceed the sum of two thousand five
hundred dollars ($2,500).
(c) The fees described in subdivisions (a) and (b) shall only be
utilized for the support of the dispute resolution programs
authorized by this chapter.
(d) A county may carry over moneys received from the additional
fees authorized pursuant to subdivisions (a) and (b), that shall be
deposited in a special fund created for those purposes, until such
time as the county elects to fund a dispute resolution program.
Records of those fees shall be available for inspection by the
public, upon request.
SEC. 2. Section 6152 of the Business and Professions Code is
amended to read:
6152. (a) It is unlawful for:
(1) Any person, in an individual capacity or in a capacity as a
public or private employee, or for any firm, corporation, partnership
or association to act as a runner or capper for any attorneys or to
solicit any business for any attorneys in and about the state
prisons, county jails, city jails, city prisons, or other places of
detention of persons, city receiving hospitals, city and county
receiving hospitals, county hospitals, municipal courts, superior
courts, or in any public institution or in any public place or upon
any public street or highway or in and about private hospitals,
sanitariums or in and about any private institution or upon private
property of any character whatsoever.
(2) Any person to solicit another person to commit or join in the
commission of a violation of subdivision (a).
(b) A general release from a liability claim obtained from any
person during the period of the first physical confinement, whether
as an inpatient or outpatient, in a clinic or health facility, as
defined in Sections 1203 and 1250 of the Health and Safety Code, as a
result of the injury alleged to have given rise to the claim and
primarily for treatment of the injury, is presumed fraudulent if the
release is executed within 15 days after the commencement of
confinement or prior to release from confinement, whichever occurs
first.
(c) Nothing in this section shall be construed to prevent the
recommendation of professional employment where that recommendation
is not prohibited by the Rules of Professional Conduct of the State
Bar of California.
(d) Nothing in this section shall be construed to mean that a
public defender or assigned counsel may not make known his or her
services as a criminal defense attorney to persons unable to afford
legal counsel whether those persons are in custody or otherwise.
SEC. 3. Section 6301 of the Business and Professions Code is
amended to read:
6301. A board of law library trustees is constituted as follows:
(a) In a county where there are no more than three judges of the
superior court, each of those judges is ex officio a trustee; in a
county where there are more than three judges of the superior court,
the judges of the court shall elect three of their number to serve as
trustees. However, where there are no more than three judges of the
superior court, the judges may at their option select only one of
their number to serve as a trustee, and in that event they shall
appoint two additional trustees who are members of the bar of the
county.
Any judge who is an ex officio or elected member may at the judge'
s option designate a member of the bar of the county to act for the
judge as trustee.
(b) In a county with one or two municipal courts the judges of the
court or courts shall elect one of their number to serve as trustee.
In a county with three or more municipal courts the judges of the
courts may elect two of their number to serve as trustees. In a
county in which there is no municipal court, the judges of the
superior court may elect one or more of their number to serve as
trustee, in addition to the trustees elected pursuant to subdivision
(a), so that the number of judges elected shall not exceed the number
of judge trustees authorized as of January 1, 1998. Any judge who
is an elected member may at the judge's option designate a member of
the bar of the county to act for the judge as trustee.
(c) The chair of the board of supervisors is ex officio a trustee,
but the board of supervisors at the request of the chair may appoint
a member of the bar of the county or any other member of the board
of supervisors of the county to serve as trustee in place of said
chair. The appointment of the person selected in lieu of the chair
of the board of supervisors shall expire when a new chair of the
board of supervisors is selected, and that appointment shall not be
subject to the provisions of Section 6302.
(d) The board of supervisors shall appoint as many additional
trustees, who are members of the bar of the county, as may be
necessary to constitute a board of six members in any county where
one member is elected pursuant to subdivision (b), or of seven
members in any county where two members are elected to serve as
trustees pursuant to subdivision (b).
SEC. 4. Section 6302.5 of the Business and Professions Code is
amended to read:
6302.5. Notwithstanding any other provision of law, in Los
Angeles County appointments made by judges of the superior court or
municipal court shall be for a term of four years, and appointments
made by the board of supervisors of the county shall be for a term of
two years.
Trustees who are incumbents on the effective date of this section
shall be considered to have started their terms on the effective date
of this section.
At the first regular meeting following the effective date of this
section, the members appointed by the judiciary shall classify
themselves by lot so that three members shall serve for four years,
and two members for two years. Thereafter, the term of office of
each member so appointed shall be four years.
At the first regular meeting following the effective date of this
section, the members appointed by the board of supervisors shall
classify themselves by lot so that one member shall serve for two
years, and one member for one year. Thereafter the term of office of
each member so appointed shall be two years.
SEC. 5. Section 6321 of the Business and Professions Code is
amended to read:
6321. On the commencement in, or the removal to, the superior
court of any county in this state, of any civil action, proceeding,
or appeal, and on the commencement in, or removal to, the municipal
court in any county, of any civil action or proceeding, the party
instituting such proceeding, or filing the first papers, shall pay to
the clerk of the court, for the law library, on filing the first
papers, the sum of one dollar ($1) as costs, in addition to the fees
fixed by law.
SEC. 6. Section 6322 of the Business and Professions Code is
amended to read:
6322. Thereafter, any defendant, respondent, adverse party, or
intervening party, on making a first appearance in a superior or
municipal court, or any number of defendants, respondents, or
parties, appearing jointly, shall pay to the clerk of the court, for
the law library, the sum of one dollar ($1) as costs, in addition to
the fees fixed by law.
SEC. 7. Section 6341 of the Business and Professions Code is
amended to read:
6341. Any board of law library trustees may establish and
maintain a branch of the law library in any city in the county, other
than the county seat, in which a session of the superior court or of
a municipal court is held, or in which a municipal court has been
authorized by statute but has not yet begun to operate. In any city
constituting the county seat, any board of law library trustees may
establish and maintain a branch of the law library at any location
therein where four or more judges of the municipal court, or of the
superior court in a county in which there is no municipal court, are
designated to hold sessions more than 10 miles distant from the
principal office of the court. In any city and county any board of
law library trustees may establish and maintain branches of the law
library. A branch is in all respects a part of the law library and
is governed accordingly.
SEC. 8. Section 7028.2 of the Business and Professions Code is
amended to read:
7028.2. A criminal complaint pursuant to this chapter may be
brought by the Attorney General or by the district attorney or
prosecuting attorney of any city, in any county in the state with
jurisdiction over the contractor or employer, by reason of the
contractor's or employer's act, or failure to act, within that
jurisdiction. Any penalty assessed by the court shall be paid to the
office of the prosecutor bringing the complaint.
SEC. 9. Section 17209 of the Business and Professions Code is
amended to read:
17209. If a violation of this chapter is alleged or the
application or construction of this chapter is in issue in any
proceeding in the Supreme Court of California, a state court of
appeal, or the appellate division of a superior court, the person who
commenced that proceeding shall serve notice thereof, including a
copy of the person's brief or petition and brief, on the Attorney
General, directed to the attention of the Consumer Law Section, and
on the district attorney of the county in which the lower court
action or proceeding was originally filed. The notice, including the
brief or petition and brief, shall be served within three days after
the commencement of the appellate proceeding, provided that the time
may be extended by the Chief Justice or presiding justice or judge
for good cause shown. No judgment or relief, temporary or permanent,
shall be granted until proof of service of this notice is filed with
the court.
SEC. 10. Section 17536.5 of the Business and Professions Code is
amended to read:
17536.5. If a violation of this chapter is alleged or the
application or construction of this chapter is in issue in any
proceeding in the Supreme Court of California, a state court of
appeal, or the appellate division of a superior court, the person who
commenced that proceeding shall serve notice thereof, including a
copy of the person's brief or petition and brief, on the Attorney
General, directed to the attention of the Consumer Law Section, and
on the district attorney of the county in which the lower court
action or proceeding was originally filed. The notice, including the
brief or petition and brief, shall be served within three days after
the commencement of the appellate proceeding, provided that the time
may be extended by the Chief Justice or presiding justice or judge
for good cause shown. No judgment or relief, temporary or permanent,
shall be granted until proof of service of this notice is filed with
the court.
SEC. 11. Section 25762 of the Business and Professions Code is
amended to read:
25762. All fines and forfeitures of bail imposed for a violation
of this division and collected in any court other than a municipal
court shall be paid to the county treasurer of the county in which
the court is held.
All fines and forfeitures of bail imposed for violation of this
division and collected upon conviction or upon forfeiture of bail,
together with money deposited as bail, in any municipal court shall
be deposited with the county treasurer of the county in which the
court is situated and the money deposited shall be distributed and
disposed of pursuant to Section 1463 of the Penal Code.
SEC. 12. Section 798.61 of the Civil Code is amended to read:
798.61. (a) (1) As used in this section, "abandoned mobilehome"
means a mobilehome about which all of the following are true:
(A) It is located in a mobilehome park on a site for which no rent
has been paid to the management for the preceding 60 days.
(B) It is unoccupied.
(C) A reasonable person would believe it to be abandoned.
(2) For purposes of this section:
(A) "Mobilehome" shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
(B) "Abandoned mobilehome" shall include a mobilehome that is
uninhabitable because of its total or partial destruction that cannot
be rehabilitated, if the mobilehome also satisfies the requirements
of paragraph (1).
(b) After determining a mobilehome in a mobilehome park to be an
abandoned mobilehome, the management shall post a notice of belief of
abandonment on the mobilehome for not less than 30 days, and shall
deposit copies of the notice in the United States mail, postage
prepaid, addressed to the homeowner at the last known address and to
any known registered owner, if different from the homeowner, and to
any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
(c) Thirty or more days following posting pursuant to subdivision
(b), the management may file a petition in the municipal court for
the judicial district in which the mobilehome park is located, or in
the superior court in a county in which there is no municipal court,
for a judicial declaration of abandonment of the mobilehome. A
proceeding under this subdivision is a limited civil case. Copies of
the petition shall be served upon the homeowner, any known
registered owner, and any known person having a lien or security
interest of record in the mobilehome by posting a copy on the
mobilehome and mailing copies to those persons at their last known
addresses by registered or certified mail with a return receipt
requested in the United States mail, postage prepaid.
(d) (1) Hearing on the petition shall be given precedence over
other matters on the court's calendar.
(2) If, at the hearing, the petitioner shows by a preponderance of
the evidence that the criteria for an abandoned mobilehome has been
satisfied and no party establishes an interest therein at the
hearing, the court shall enter a judgment of abandonment, determine
the amount of charges to which the petitioner is entitled, and award
attorney's fees and costs to the petitioner. For purposes of this
subdivision, an interest in the mobilehome shall be established by
evidence of a right to possession of the mobilehome or a security or
ownership interest in the mobilehome.
(3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered, if
no responsive pleading is filed within 15 days after service of the
petition by mail.
(e) (1) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
(2) During this period the management shall post and mail notice
of intent to sell the abandoned mobilehome and its contents under
this section, and announcing the date of sale, in the same manner as
provided for the notice of determination of abandonment under
subdivision (b).
(3) At any time prior to the sale of a mobilehome under this
section, any person having a right to possession of the mobilehome
may recover and remove it from the premises upon payment to the
management of all rent or other charges due, including reasonable
costs of storage and other costs awarded by the court. Upon receipt
of this payment and removal of the mobilehome from the premises
pursuant to this paragraph, the management shall immediately file an
acknowledgment of satisfaction of judgment pursuant to Section
724.030 of the Code of Civil Procedure.
(f) Following the judgment of abandonment, but not less than 10
days following the notice of sale specified in subdivision (e), the
management may conduct a public sale of the abandoned mobilehome and
its contents. The management may bid at the sale and shall have the
right to offset its bids to the extent of the total amount due it
under this section. The proceeds of the sale shall be retained by
the management, but any unclaimed amount thus retained over and above
the amount to which the management is entitled under this section
shall be deemed abandoned property and shall be paid into the
treasury of the county in which the sale took place within 30 days of
the date of the sale. The former homeowner or any other owner may
claim any or all of that unclaimed amount within one year from the
date of payment to the county by making application to the county
treasurer or other official designated by the county. If the county
pays any or all of that unclaimed amount to a claimant, neither the
county nor any officer or employee of the county is liable to any
other claimant as to the amount paid.
(g) Within 30 days of the date of the sale, the management shall
submit to the court an accounting of the moneys received from the
sale and the disposition of the money and the items contained in the
inventory submitted to the court pursuant to subdivision (e).
(h) The management shall provide the purchaser at the sale with a
copy of the judgment of abandonment and evidence of the sale, as
shall be specified by the State Department of Housing and Community
Development or the Department of Motor Vehicles, which shall register
title in the abandoned mobilehome to the purchaser upon presentation
thereof. The sale shall pass title to the purchaser free of any
prior interest, including any security interest or lien, except the
lien provided for in Section 18116.1 of the Health and Safety Code,
in the abandoned mobilehome.
SEC. 13. Section 1181 of the Civil Code is amended to read:
1181. The proof or acknowledgment of an instrument may be made
before a notary public at any place within this state, or within the
county or city and county in this state in which the officer
specified below was elected or appointed, before either:
(a) A clerk of a superior or municipal court.
(b) A county clerk.
(c) A court commissioner.
(d) A judge or retired judge of a municipal or justice court.
(e) A district attorney.
(f) A clerk of a board of supervisors.
(g) A city clerk.
(h) A county counsel.
(i) A city attorney.
SEC. 14. Section 1719 of the Civil Code is amended to read:
1719. (a) (1) Notwithstanding any penal sanctions that may apply,
any person who passes a check on insufficient funds shall be liable
to the payee for the amount of the check and a service charge payable
to the payee for an amount not to exceed twenty-five dollars ($25)
for the first check passed on insufficient funds and an amount not to
exceed thirty-five dollars ($35) for each subsequent check to that
payee passed on insufficient funds.
(2) Notwithstanding any penal sanctions that may apply, any person
who passes a check on insufficient funds shall be liable to the
payee for damages equal to treble the amount of the check if a
written demand for payment is mailed by certified mail to the person
who had passed a check on insufficient funds and the written demand
informs this person of (A) the provisions of this section, (B) the
amount of the check, and (C) the amount of the service charge payable
to the payee. The person who had passed a check on insufficient
funds shall have 30 days from the date the written demand was mailed
to pay the amount of the check, the amount of the service charge
payable to the payee, and the costs to mail the written demand for
payment. If this person fails to pay in full the amount of the
check, the service charge payable to the payee, and the costs to mail
the written demand within this period, this person shall then be
liable instead for the amount of the check, minus any partial
payments made toward the amount of the check or the service charge
within 30 days of the written demand, and damages equal to treble
that amount, which shall not be less than one hundred dollars ($100)
nor more than one thousand five hundred dollars ($1,500). When a
person becomes liable for treble damages for a check that is the
subject of a written demand, that person shall no longer be liable
for any service charge for that check and any costs to mail the
written demand.
(3) Notwithstanding paragraphs (1) and (2), a person shall not be
liable for the service charge, costs to mail the written demand, or
treble damages if he or she stops payment in order to resolve a good
faith dispute with the payee. The payee is entitled to the service
charge, costs to mail the written demand, or treble damages only upon
proving by clear and convincing evidence that there was no good
faith dispute, as defined in subdivision (b).
(4) Notwithstanding paragraph (1), a person shall not be liable
under that paragraph for the service charge if, at any time, he or
she presents the payee with written confirmation by his or her
financial institution that the check was returned to the payee by the
financial institution due to an error on the part of the financial
institution.
(5) Notwithstanding paragraph (1), a person shall not be liable
under that paragraph for the service charge if the person presents
the payee with written confirmation that his or her account had
insufficient funds as a result of a delay in the regularly scheduled
transfer of, or the posting of, a direct deposit of a social security
or government benefit assistance payment.
(6) As used in this subdivision, to "pass a check on insufficient
funds" means to make, utter, draw, or deliver any check, draft, or
order for the payment of money upon any bank, depository, person,
firm, or corporation that refuses to honor the check, draft, or order
for any of the following reasons:
(A) Lack of funds or credit in the account to pay the check.
(B) The person who wrote the check does not have an account with
the drawee.
(C) The person who wrote the check instructed the drawee to stop
payment on the check.
(b) For purposes of this section, in the case of a stop payment,
the existence of a "good faith dispute" shall be determined by the
trier of fact. A "good faith dispute" is one in which the court
finds that the drawer had a reasonable belief of his or her legal
entitlement to withhold payment. Grounds for the entitlement
include, but are not limited to, the following: services were not
rendered, goods were not delivered, goods or services purchased are
faulty, not as promised, or otherwise unsatisfactory, or there was an
overcharge.
(c) In the case of a stop payment, the notice to the drawer
required by this section shall be in substantially the following
form:
NOTICE
To: __________________________
(name of drawer)
__________________________ is the payee of a check you wrote
(name of payee)
for $ ________________________. The check was not paid because
(amount)
you stopped payment, and the payee demands payment. You may
have a good faith dispute as to whether you owe the full amount.
If you do not have a good faith dispute with the payee and fail
to pay the payee the full amount of the check in cash, a service
charge of an amount not to exceed twenty-five dollars ($25) for
the first check passed on insufficient funds and an amount not to
exceed thirty-five dollars ($35) for each subsequent check
passed on insufficient funds, and the costs to mail this notice
within 30 days after this notice was mailed, you could be sued
and held responsible to pay at least both of the following:
(1) The amount of the check.
(2) Damages of at least one hundred dollars ($100) or, if
higher, three times the amount of the check up to one thousand
five hundred dollars ($1,500).
If the court determines that you do have a good faith dispute
with the payee, you will not have to pay the service charge,
treble damages, or mailing cost. If you stopped payment because
you have a good faith dispute with the payee, you should try to
work out your dispute with the payee.
You can contact the payee at:
__________________________________________________________
(name of payee)
__________________________________________________________
(street address)
__________________________________________________________
(telephone number)
You may wish to contact a lawyer to discuss your legal
rights and responsibilities.
__________________________________
(name of sender of notice)
(d) In the case of a stop payment, a court may not award damages
or costs under this section unless the court receives into evidence a
copy of the written demand that, in that case, shall have been sent
to the drawer and a signed certified mail receipt showing delivery,
or attempted delivery if refused, of the written demand to the drawer'
s last known address.
(e) A cause of action under this section may be brought in small
claims court by the original payee, if it does not exceed the
jurisdiction of that court, or in any other appropriate court. The
payee shall, in order to recover damages because the drawer
instructed the drawee to stop payment, show to the satisfaction of
the trier of fact that there was a reasonable effort on the part of
the payee to reconcile and resolve the dispute prior to
pursuing the dispute through the
courts.
(f) A cause of action under this section may be brought by a
holder of the check or an assignee of the payee. A proceeding under
this section is a limited civil case. However, if the assignee is
acting on behalf of the payee, for a flat fee or a percentage fee,
the assignee may not charge the payee a greater flat fee or
percentage fee for that portion of the amount collected that
represents treble damages than is charged the payee for collecting
the face amount of the check, draft, or order. This subdivision
shall not apply to an action brought in small claims court.
(g) Notwithstanding subdivision (a), if the payee is the court,
the written demand for payment described in subdivision (a) may be
mailed to the drawer by the court clerk. Notwithstanding subdivision
(d), in the case of a stop payment where the demand is mailed by the
court clerk, a court may not award damages or costs pursuant to
subdivision (d), unless the court receives into evidence a copy of
the written demand, and a certificate of mailing by the court clerk
in the form provided for in subdivision (4) of Section 1013a of the
Code of Civil Procedure for service in civil actions. For purposes
of this subdivision, in courts where a single court clerk serves more
than one court, the clerk shall be deemed the court clerk of each
court.
(h) The requirements of this section in regard to remedies are
mandatory upon a court.
(i) The assignee of the payee or a holder of the check may demand,
recover, or enforce the service charge, damages, and costs specified
in this section to the same extent as the original payee.
(j) (1) A drawer is liable for damages and costs only if all of
the requirements of this section have been satisfied.
(2) The drawer shall in no event be liable more than once under
this section on each check for a service charge, damages, or costs.
(k) Nothing in this section is intended to condition, curtail, or
otherwise prejudice the rights, claims, remedies, and defenses under
Division 3 (commencing with Section 3101) of the Commercial Code of a
drawer, payee, assignee, or holder, including a holder in due course
as defined in Section 3302 of the Commercial Code, in connection
with the enforcement of this section.
SEC. 15. Section 1780 of the Civil Code is amended to read:
1780. (a) Any consumer who suffers any damage as a result of the
use or employment by any person of a method, act, or practice
declared to be unlawful by Section 1770 may bring an action against
that person to recover or obtain any of the following:
(1) Actual damages, but in no case shall the total award of
damages in a class action be less than one thousand dollars ($1,000).
(2) An order enjoining the methods, acts, or practices.
(3) Restitution of property.
(4) Punitive damages.
(5) Any other relief that the court deems proper.
(b) Any consumer who is a senior citizen or a disabled person, as
defined in subdivisions (f) and (g) of Section 1761, as part of an
action under subdivision (a), may seek and be awarded, in addition to
the remedies specified therein, up to five thousand dollars ($5,000)
where the trier of fact (1) finds that the consumer has suffered
substantial physical, emotional, or economic damage resulting from
the defendant's conduct, (2) makes an affirmative finding in regard
to one or more of the factors set forth in subdivision (b) of Section
3345, and (3) finds that an additional award is appropriate.
Judgment in a class action by senior citizens or disabled persons
under Section 1781 may award each class member such an additional
award where the trier of fact has made the foregoing findings.
(c) An action under subdivision (a) or (b) may be commenced in the
county in which the person against whom it is brought resides, has
his or her principal place of business, or is doing business, or in
the county where the transaction or any substantial portion thereof
occurred.
If within the county there is a municipal court, having
jurisdiction of the subject matter, established in the city and
county or judicial district in which the person against whom the
action is brought resides, has his or her principal place of
business, or is doing business, or in which the transaction or any
substantial portion thereof occurred, then that court is the proper
court for the trial of the action. Otherwise, any court in the
county having jurisdiction of the subject matter is the proper court
for the trial thereof.
In any action subject to the provisions of this section,
concurrently with the filing of the complaint, the plaintiff shall
file an affidavit stating facts showing that the action has been
commenced in a county or judicial district described in this section
as a proper place for the trial of the action. If a plaintiff fails
to file the affidavit required by this section, the court shall, upon
its own motion or upon motion of any party, dismiss the action
without prejudice.
(d) The court shall award court costs and attorney's fees to a
prevailing plaintiff in litigation filed pursuant to this section.
Reasonable attorney's fees may be awarded to a prevailing defendant
upon a finding by the court that the plaintiff's prosecution of the
action was not in good faith.
SEC. 16. Section 1812.10 of the Civil Code is amended to read:
1812.10. An action on a contract or installment account under the
provisions of this chapter shall be tried in the county in which the
contract was in fact signed by the buyer, in the county in which the
buyer resided at the time the contract was entered into, in the
county in which the buyer resides at the commencement of the action,
or in the county in which the goods purchased pursuant to the
contract have been so affixed to real property as to become a part of
that real property.
If within the county there is a municipal court, having
jurisdiction of the subject matter, established in the city and
county or judicial district in which the contract was in fact signed
by the buyer, or in which the buyer resided at the time the contract
was entered into, or in which the buyer resides at the commencement
of the action or in which the goods purchased pursuant to the
contract have been so affixed to real property as to become a part of
that real property, then that court is the proper court for the
trial of the action. Otherwise, any court in the county, having
jurisdiction of the subject matter, is the proper court for the trial
thereof.
In any action subject to the provisions of this section,
concurrently with the filing of the complaint, the plaintiff shall
file an affidavit stating facts showing that the action has been
commenced in a county or judicial district described in this section
as a proper place for the trial of the action. Those facts may be
stated in a verified complaint and shall not be stated on information
or belief. When that affidavit is filed with the complaint, a copy
thereof shall be served with the summons. If a plaintiff fails to
file the affidavit or state facts in a verified complaint required by
this section, no further proceedings shall be had, but the court
shall, upon its own motion or upon motion of any party, dismiss the
action without prejudice; however, the court may, on such terms as
may be just, permit the affidavit to be filed subsequent to the
filing of the complaint and a copy of the affidavit shall be served
on the defendant. The time to answer or otherwise plead shall date
from that service.
SEC. 17. Section 2984.4 of the Civil Code is amended to read:
2984.4. An action on a contract or purchase order under the
provisions of this chapter shall be tried in the county in which the
contract or purchase order was in fact signed by the buyer, in the
county in which the buyer resided at the time the contract or
purchase order was entered into, in the county in which the buyer
resides at the commencement of the action or in the county in which
the motor vehicle purchased pursuant to the contract or purchase
order is permanently garaged.
In any action involving multiple claims, or causes of action,
venue shall lie in such counties so long as there is at least one
claim or cause of action arising from a contract subject to the
provisions of this chapter.
If within the county there is a municipal court, having
jurisdiction of the subject matter, established in the judicial
district in which the contract, conditional sale contract, or
purchase order was in fact signed by the buyer, or in which the buyer
resided at the time the contract, conditional sale contract, or
purchase order was entered into, or in which the buyer resides at the
commencement of the action, or in which the motor vehicle purchased
pursuant to the contract is permanently garaged, that court is the
proper court for the trial of the action. Otherwise, any court in
the county, having jurisdiction of the subject matter, is the proper
court for the trial of the action.
In any action subject to the provisions of this section,
concurrently with the filing of the complaint, the plaintiff shall
file an affidavit stating facts showing that the action has been
commenced in a county or judicial district described in this section
as a proper place for the trial of the action. Those facts may be
stated in a verified complaint and shall not be stated on information
or belief. When that affidavit is filed with the complaint, a copy
thereof shall be served with the summons. If a plaintiff fails to
file the affidavit or state facts in a verified complaint required by
this section, no further proceedings shall be had, but the court
shall, upon its own motion or upon motion of any party, dismiss the
action without prejudice; however, the court may, on such terms as
may be just, permit the affidavit to be filed subsequent to the
filing of the complaint and a copy of the affidavit shall be served
on the defendant. The time to answer or otherwise plead shall date
from that service.
SEC. 18. Section 3342.5 of the Civil Code is amended to read:
3342.5. (a) The owner of any dog that has bitten a human being
shall have the duty to take such reasonable steps as are necessary to
remove any danger presented to other persons from bites by the
animal.
(b) Whenever a dog has bitten a human being on at least two
separate occasions, any person, the district attorney, or city
attorney may bring an action against the owner of the animal to
determine whether conditions of the treatment or confinement of the
dog or other circumstances existing at the time of the bites have
been changed so as to remove the danger to other persons presented by
the animal. This action shall be brought in the county where a bite
occurred. The court, after hearing, may make any order it deems
appropriate to prevent the recurrence of such an incident, including,
but not limited to, the removal of the animal from the area or its
destruction if necessary.
(c) Whenever a dog trained to fight, attack, or kill has bitten a
human being, causing substantial physical injury, any person,
including the district attorney, or city attorney may bring an action
against the owner of the animal to determine whether conditions of
the treatment or confinement of the dog or other circumstances
existing at the time of the bites have been changed so as to remove
the danger to other persons presented by the animal. This action
shall be brought in the county where a bite occurred. The court,
after hearing, may make any order it deems appropriate to prevent the
recurrence of such an incident, including, but not limited to, the
removal of the animal from the area or its destruction if necessary.
(d) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (b) based on a bite or bites inflicted
upon a trespasser, or by a dog used in military or police work if
the bite or bites occurred while the dog was actually performing in
that capacity.
(e) Nothing in this section shall be construed to prevent
legislation in the field of dog control by any city, county, or city
and county.
(f) Nothing in this section shall be construed to affect the
liability of the owner of a dog under Section 3342 or any other
provision of the law.
(g) A proceeding under this section is a limited civil case.
SEC. 19. Section 32.5 is added to the Code of Civil Procedure, to
read:
32.5. The "jurisdictional classification" of a case means its
classification as a limited civil case or otherwise.
SEC. 20. Section 38 is added to the Code of Civil Procedure, to
read:
38. Unless the provision or context otherwise requires, a
reference in a statute to a judicial district means:
(a) As it relates to a court of appeal, the court of appeal
district.
(b) As it relates to a superior court, the county.
(c) As it relates to a municipal court, the municipal court
district.
(d) As it relates to a county in which there is no municipal
court, the county.
SEC. 21. Section 77 of the Code of Civil Procedure is amended to
read:
77. (a) In every county and city and county, there is an
appellate division of the superior court consisting of three judges
or, when the Chief Justice finds it necessary, four judges. The
Chief Justice shall assign judges to the appellate division for
specified terms pursuant to rules, not inconsistent with statute,
adopted by the Judicial Council to promote the independence and
quality of each appellate division. Each judge assigned to the
appellate division of a superior court shall be a judge of that
court, a judge of the superior court of another county, or a judge
retired from the superior court or a court of higher jurisdiction in
this state. The Chief Justice shall designate one of the judges of
each appellate division as the presiding judge of the division.
(b) In each appellate division, no more than three judges shall
participate in a hearing or decision. The presiding judge of the
division shall designate the three judges who shall participate.
(c) In addition to their other duties, the judges designated as
members of the appellate division of the superior court shall serve
for the period specified in the order of designation. Whenever a
judge is designated to serve in the appellate division of the
superior court of a county other than the county in which that judge
was elected or appointed as a superior court judge, or if the judge
is retired, in a county other than the county in which the judge
resides, the judge shall receive from the county to which the judge
is designated expenses for travel, board, and lodging. If the judge
is out of the judge's county overnight or longer, by reason of the
designation, that judge shall be paid a per diem allowance in lieu of
expenses for board and lodging in the same amounts as are payable
for those purposes to justices of the Supreme Court under the rules
of the State Board of Control. In addition, a retired judge shall
receive from the state and the county to which the judge is
designated, for the time so served, amounts equal to that which the
judge would have received from each if the judge had been assigned
to the superior court of the county.
(d) The concurrence of two judges of the appellate division of the
superior court shall be necessary to render the decision in every
case in, and to transact any other business except such as may be
done at chambers by the presiding judge of, the division. The
presiding judge shall convene the division as necessary. The
presiding judge shall also supervise its business and transact such
thereof as may be done at chambers.
(e) The appellate division of the superior court has jurisdiction
on appeal from the following courts, in all cases in which an appeal
may be taken to the superior court or the appellate division of the
superior court as provided by law, except where the appeal is a
retrial in the superior court:
(1) The municipal courts within the county.
(2) The superior court in a county in which there is no municipal
court.
(f) The powers of each appellate division shall be the same as are
now or may hereafter be provided by law or rule of the Judicial
Council relating to appeals to the appellate division of the superior
courts.
(g) The Judicial Council shall promulgate rules, not inconsistent
with law, to promote the independence of, and govern the practice and
procedure and the disposition of the business of, the appellate
division.
(h) A reference in any other statute to the appellate department
of the superior court means the appellate division of the superior
court.
SEC. 21.5. Section 77 of the Code of Civil Procedure is amended to
read:
77. (a) In every county and city and county, there is an
appellate division of the superior court consisting of three judges
or, when the Chief Justice finds it necessary, four judges.
The Chief Justice shall assign judges to the appellate division
for specified terms pursuant to rules, not inconsistent with statute,
adopted by the Judicial Council to promote the independence and
quality of each appellate division. Each judge assigned to the
appellate division of a superior court shall be a judge of that
court, a judge of the superior court of another county or a judge
retired from the superior court or court of higher jurisdiction in
this state.
The Chief Justice shall designate one of the judges of each
appellate division as the presiding judge of the division.
(b) In each appellate division, no more than three judges shall
participate in a hearing or decision. The presiding judge of the
division shall designate the three judges who shall participate.
(c) In addition to their other duties, the judges designated as
members of the appellate division of the superior court shall serve
for the period specified in the order of designation. Whenever a
judge is designated to serve in the appellate division of the
superior court of a county other than the county in which that judge
was elected or appointed as a superior court judge, or if the judge
is retired, in a county other than the county in which the judge
resides, the judge shall receive from the county to which the judge
is designated expenses for travel, board, and lodging. If the judge
is out of the judge's county overnight or longer, by reason of the
designation, that judge shall be paid a per diem allowance in lieu of
expenses for board and lodging in the same amounts as are payable
for those purposes to justices of the Supreme Court under the rules
of the State Board of Control. In addition, a retired judge shall
receive from the state and the county to which the judge is
designated, for the time so served, amounts equal to that which the
judge would have received from each if the judge had been assigned to
the superior court of the county.
(d) The concurrence of two judges of the appellate division of the
superior court shall be necessary to render the decision in every
case in, and to transact any other business except business that may
be done at chambers by the presiding judge of, the division. The
presiding judge shall convene the division as necessary. The
presiding judge shall also supervise its business and transact any
business that may be done at chambers.
(e) The appellate division of the superior court has jurisdiction
on appeal from the following courts, in all cases in which an appeal
may be taken to the superior court or the appellate division of the
superior court as provided by law, except where the appeal is a
retrial in the superior court:
(1) The municipal courts within the county.
(2) The superior court in a county in which there is no municipal
court.
(f) The powers of each appellate division shall be the same as are
now or may hereafter be provided by law or rule of the Judicial
Council relating to appeals to the appellate division of the superior
courts.
(g) The Judicial Council shall promulgate rules, not inconsistent
with law, to promote the independence of, and govern the practice and
procedure and the disposition of the business of, the appellate
division.
(h) A reference in any other statute to the appellate department
of the superior court means the appellate division of the superior
court.
(i) Notwithstanding any other provision of law, the chief justice
may designate any municipal court judge as a member of the appellate
division of the superior court if the municipal court is
participating in a trial court coordination plan approved by the
Judicial Council and the designated municipal court judge has been
assigned to the superior court of the county by the chief justice.
SEC. 22. The heading of Chapter 5 (commencing with Section 81) of
Title 1 of Part 1 of the Code of Civil Procedure is amended to read:
CHAPTER 5. MUNICIPAL COURTS
SEC. 23. The heading of Article 1 (commencing with Section 81) of
Chapter 5 of Title 1 of Part 1 of the Code of Civil Procedure is
repealed.
SEC. 24. Section 82 of the Code of Civil Procedure is amended to
read:
82. The establishment of a municipal court in a county, or city
and county, or the determination of the jurisdiction of a municipal
court by the Legislature, shall not affect, alter or diminish the
previously existing jurisdiction of the superior court of any county,
or city and county, other than that of the county, or city and
county, wherein such municipal court is established.
SEC. 25. Section 83 of the Code of Civil Procedure is repealed.
SEC. 26. Section 84 of the Code of Civil Procedure is amended to
read:
84. The process of municipal courts shall extend throughout the
state.
SEC. 27. Section 85 of the Code of Civil Procedure is repealed.
SEC. 28. Chapter 5.1 (commencing with Section 85) is added to
Title 1 of Part 1 of the Code of Civil Procedure, to read:
CHAPTER 5.1. LIMITED CIVIL CASES
Article 1. Jurisdiction in Limited Civil Cases
85. An action or special proceeding shall be treated as a limited
civil case if all of the following conditions are satisfied, and,
notwithstanding any statute that classifies an action or special
proceeding as a limited civil case, an action or special proceeding
shall not be treated as a limited civil case unless all of the
following conditions are satisfied:
(a) The amount in controversy does not exceed twenty-five thousand
dollars ($25,000). As used in this section, "amount in controversy"
means the amount of the demand, or the recovery sought, or the value
of the property, or the amount of the lien, that is in controversy
in the action, exclusive of attorneys' fees, interest, and costs.
(b) The relief sought is a type that may be granted in a limited
civil case.
(c) The relief sought, whether in the complaint, a
cross-complaint, or otherwise, is exclusively of a type described in
one or more statutes that classify an action or special proceeding as
a limited civil case or that provide that an action or special
proceeding is within the original jurisdiction of the municipal
court, including, but not limited to, the following provisions:
(1) Section 798.61 of the Civil Code.
(2) Section 1719 of the Civil Code.
(3) Section 3342.5 of the Civil Code.
(4) Section 86.
(5) Section 86.1.
(6) Section 1710.20.
(7) Section 7581 of the Food and Agricultural Code.
(8) Section 12647 of the Food and Agricultural Code.
(9) Section 27601 of the Food and Agricultural Code.
(10) Section 31503 of the Food and Agricultural Code.
(11) Section 31621 of the Food and Agricultural Code.
(12) Section 52514 of the Food and Agricultural Code.
(13) Section 53564 of the Food and Agricultural Code.
(14) Section 53069.4 of the Government Code.
(15) Section 53075.6 of the Government Code.
(16) Section 53075.61 of the Government Code.
(17) Section 5411.5 of the Public Utilities Code.
(18) Section 9872.1 of the Vehicle Code.
(19) Section 10751 of the Vehicle Code.
(20) Section 14607.6 of the Vehicle Code.
(21) Section 40230 of the Vehicle Code.
(22) Section 40256 of the Vehicle Code.
85.1. Except as otherwise provided by statute, the municipal
court, or the superior court in a county in which there is no
municipal court, has original jurisdiction in a limited civil case.
SEC. 29. Section 86 of the Code of Civil Procedure is amended to
read:
86. (a) The following civil cases and proceedings are limited
civil cases:
(1) Cases at law in which the demand, exclusive of interest, or
the value of the property in controversy amounts to twenty-five
thousand dollars ($25,000) or less. This paragraph does not apply to
cases that involve the legality of any tax, impost, assessment,
toll, or municipal fine, except actions to enforce payment of
delinquent unsecured personal property taxes if the legality of the
tax is not contested by the defendant.
(2) Actions for dissolution of partnership where the total assets
of the partnership do not exceed twenty-five thousand dollars
($25,000); actions of interpleader where the amount of money or the
value of the property involved does not exceed twenty-five thousand
dollars ($25,000).
(3) Actions to cancel or rescind a contract when the relief is
sought in connection with an action to recover money not exceeding
twenty-five thousand dollars ($25,000) or property of a value not
exceeding twenty-five thousand dollars ($25,000), paid or delivered
under, or in consideration of, the contract; actions to revise a
contract where the relief is sought in an action upon the contract if
the action otherwise is a limited civil case.
(4) Proceedings in forcible entry or forcible or unlawful detainer
where the whole amount of damages claimed is twenty-five thousand
dollars ($25,000) or less.
(5) Actions to enforce and foreclose liens on personal property
where the amount of the liens is twenty-five thousand dollars
($25,000) or less.
(6) Actions to enforce and foreclose liens of mechanics,
materialmen, artisans, laborers, and of all other persons to whom
liens are given under the provisions of Chapter 2 (commencing with
Section 3109) of Title 15 of Part 4 of Division 3 of the Civil Code,
or to enforce and foreclose an assessment lien on a common interest
development as defined in Section 1351 of the Civil Code, where the
amount of the liens is twenty-five thousand dollars ($25,000) or
less. However, where an action to enforce the lien affects property
that is also affected by a similar pending action that is not a
limited civil case, or where the total amount of the liens sought to
be foreclosed against the
same property aggregates an amount in excess of twenty-five thousand
dollars ($25,000), the action is not a limited civil case, and if
the action is pending in a municipal court, upon motion of any
interested party, the municipal court shall order the action or
actions pending therein transferred to the proper superior court.
Upon making the order, the same proceedings shall be taken as are
provided by Section 399 with respect to the change of place of trial.
(7) Actions for declaratory relief when brought pursuant to either
of the following:
(A) By way of cross-complaint as to a right of indemnity with
respect to the relief demanded in the complaint or a cross-complaint
in an action or proceeding that is otherwise a limited civil case.
(B) To conduct a trial after a nonbinding fee arbitration between
an attorney and client, pursuant to Article 13 (commencing with
Section 6200) of Chapter 4 of Division 3 of the Business and
Professions Code, where the amount in controversy is twenty-five
thousand dollars ($25,000) or less.
(8) Actions to issue temporary restraining orders and preliminary
injunctions, to take accounts, and to appoint receivers where
necessary to preserve the property or rights of any party to a
limited civil case; to appoint a receiver and to make any order or
perform any act, pursuant to Title 9 (commencing with Section
680.010) of Part 2 (enforcement of judgments) in a limited civil
case; to determine title to personal property seized in a limited
civil case.
(9) Actions under Article 3 (commencing with Section 708.210) of
Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an
interest in personal property or to enforce the liability of the
debtor of a judgment debtor where the interest claimed adversely is
of a value not exceeding twenty-five thousand dollars ($25,000) or
the debt denied does not exceed twenty-five thousand dollars
($25,000).
(10) Arbitration-related petitions filed pursuant to either of the
following:
(A) Article 2 (commencing with Section 1292) of Chapter 5 of Title
9 of Part 3, except for uninsured motorist arbitration proceedings
in accordance with Section 11580.2 of the Insurance Code, if the
petition is filed before the arbitration award becomes final and the
matter to be resolved by arbitration is a limited civil case under
paragraphs (1) to (9), inclusive, of subdivision (a) or if the
petition is filed after the arbitration award becomes final and the
amount of the award and all other rulings, pronouncements, and
decisions made in the award are within paragraphs (1) to (9),
inclusive, of subdivision (a).
(B) To confirm, correct, or vacate a fee arbitration award between
an attorney and client that is binding or has become binding,
pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of
Division 3 of the Business and Professions Code, where the
arbitration award is twenty-five thousand dollars ($25,000) or less.
(b) The following cases in equity are limited civil cases:
(1) Cases to try title to personal property when the amount
involved is not more than twenty-five thousand dollars ($25,000).
(2) Cases when equity is pleaded as a defensive matter in any case
that is otherwise a limited civil case.
(3) Cases to vacate a judgment or order of the court obtained in a
limited civil case through extrinsic fraud, mistake, inadvertence,
or excusable neglect.
SEC. 30. Section 86.1 of the Code of Civil Procedure is amended to
read:
86.1. An action brought pursuant to the Long-Term Care, Health,
Safety, and Security Act of 1973 (Chapter 2.4 (commencing with
Section 1417) of Division 2 of the Health and Safety Code) is a
limited civil case if civil penalties are not sought or amount to
twenty-five thousand dollars ($25,000) or less. An action brought in
a municipal court may be transferred to the superior court for
consolidation with any other citation enforcement action pending in
that court, on the motion of either party.
SEC. 31. Section 87 of the Code of Civil Procedure is repealed.
SEC. 32. Section 88 of the Code of Civil Procedure is repealed.
SEC. 33. Section 89 of the Code of Civil Procedure is repealed.
SEC. 34. The heading of Article 2 (commencing with Section 90) of
Chapter 5 of Title 1 of Part 1 of the Code of Civil Procedure is
repealed.
SEC. 35. A heading is added to Article 2 (commencing with Section
90) of Chapter 5.1 of Title 1 of Part 1 of the Code of Civil
Procedure, to read:
Article 2. Economic Litigation for Limited Civil Cases
SEC. 36. Section 91 of the Code of Civil Procedure is amended to
read:
91. (a) Except as otherwise provided in this section, the
provisions of this article apply to every limited civil case.
(b) The provisions of this article do not apply to any action
under Chapter 5.5 (commencing with Section 116.110) or any
proceeding under Chapter 4 (commencing with Section 1159) of Title 3
of Part 3.
(c) Any action may, upon noticed motion, be withdrawn from the
provisions of this article, upon a showing that it is impractical to
prosecute or defend the action within the limitations of these
provisions.
SEC. 37. Section 116.120 of the Code of Civil Procedure is amended
to read:
116.120. The Legislature hereby finds and declares as follows:
(a) Individual minor civil disputes are of special importance to
the parties and of significant social and economic consequence
collectively.
(b) In order to resolve minor civil disputes expeditiously,
inexpensively, and fairly, it is essential to provide a judicial
forum accessible to all parties directly involved in resolving these
disputes.
(c) The small claims divisions have been established to provide a
forum to resolve minor civil disputes, and for that reason constitute
a fundamental element in the administration of justice and the
protection of the rights and property of individuals.
(d) The small claims divisions, the provisions of this chapter,
and the rules of the Judicial Council regarding small claims actions
shall operate to ensure that the convenience of parties and witnesses
who are individuals shall prevail, to the extent possible, over the
convenience of any other parties or witnesses.
SEC. 38. Section 116.210 of the Code of Civil Procedure is amended
to read:
116.210. In each municipal court and each superior court in a
county in which there is no municipal court, there shall be a small
claims division. The small claims division may be known as the small
claims court.
SEC. 39. Section 116.231 of the Code of Civil Procedure is amended
to read:
116.231. (a) Except as provided in subdivision (d), no person
may file more than two small claims actions in which the amount
demanded exceeds two thousand five hundred dollars ($2,500), anywhere
in the state in any calendar year.
(b) Except as provided in subdivision (d), if the amount demanded
in any small claims action exceeds two thousand five hundred dollars
($2,500), the party making the demand shall file a declaration under
penalty of perjury attesting to the fact that not more than two small
claims actions in which the amount of the demand exceeded two
thousand five hundred dollars ($2,500) have been filed by that party
in this state within the calendar year.
(c) The Legislature finds and declares that the pilot project
conducted under the authority of Chapter 1196 of the Statutes of 1991
demonstrated the efficacy of the removal of the limitation on the
number of actions public entities may file in the small claims courts
on claims exceeding two thousand five hundred dollars ($2,500).
(d) The limitation on the number of filings exceeding two thousand
five hundred dollars ($2,500) does not apply to filings where the
claim does not exceed five thousand dollars ($5,000) that are filed
by a city, county, city and county, school district, county office of
education, community college district, local district, or any other
local public entity. If any small claims action is filed by a city,
county, city and county, school district, county office of education,
community college district, local district, or any other local
public entity pursuant to this section, and the defendant informs the
court either in advance of the hearing by written notice or at the
time of the hearing, that he or she is represented in the action by
legal counsel, the action shall be transferred out of the small
claims division. A city, county, city and county, school district,
county office of education, community college district, local
district, or any other local public entity may not file a claim
within the small claims division if the amount of the demand exceeds
five thousand dollars ($5,000).
SEC. 40. Section 116.250 of the Code of Civil Procedure is amended
to read:
116.250. (a) Sessions of the small claims court may be scheduled
at any time and on any day, including Saturdays, but excluding other
judicial holidays. They may also be scheduled at any public building
within the judicial district, including places outside the
courthouse.
(b) Each small claims division of a municipal court with four or
more judicial officers, and each small claims division of a superior
court with seven or more judicial officers, shall conduct at least
one night session or Saturday session each month for the purpose of
hearing small claims cases other than small claims appeals. The term
"session" includes, but is not limited to, a proceeding conducted by
a member of the State Bar acting as a mediator or referee.
SEC. 41. Section 116.760 of the Code of Civil Procedure is amended
to read:
116.760. (a) The appealing party shall pay the same superior
court filing fee that is required for an appeal of a limited civil
case.
(b) A party who does not appeal shall not be charged any fee for
filing any document relating to the appeal.
SEC. 42. Section 116.770 of the Code of Civil Procedure is amended
to read:
116.770. (a) The appeal to the superior court shall consist of a
new hearing before a judicial officer other than the judicial officer
who heard the action in the small claims division.
(b) The hearing on an appeal to the superior court shall be
conducted informally. The pretrial discovery procedures described in
subdivision (a) of Section 2019 are not permitted, no party has a
right to a trial by jury, and no tentative decision or statement of
decision is required.
(c) Article 5 (commencing with Section 116.510) on hearings in the
small claims court applies in hearings on appeal in the superior
court, except that attorneys may participate.
(d) The scope of the hearing shall include the claims of all
parties who were parties to the small claims action at the time the
notice of appeal was filed. The hearing shall include the claim of a
defendant that was heard in the small claims court.
(e) The clerk of the superior court shall schedule the hearing for
the earliest available time and shall mail written notice of the
hearing to the parties at least 14 days prior to the time set for the
hearing.
(f) The Judicial Council may prescribe by rule the practice and
procedure on appeal and the time and manner in which the record on
appeal shall be prepared and filed.
SEC. 43. Section 116.940 of the Code of Civil Procedure is amended
to read:
116.940. (a) Except as otherwise provided in this section or in
rules adopted by the Judicial Council, the characteristics of the
small claims advisory service required by Section 116.260 shall be
determined by each county in accordance with local needs and
conditions.
(b) Each advisory service shall provide the following services:
(1) Individual personal advisory services, in person or by
telephone, and by any other means reasonably calculated to provide
timely and appropriate assistance.
(2) Recorded telephone messages may be used to supplement the
individual personal advisory services, but shall not be the sole
means of providing advice available in the county.
(3) Adjacent counties may provide advisory services jointly.
(c) In any county in which the number of small claims actions
filed annually is 1,000 or less as averaged over the immediately
preceding two fiscal years, the county may elect to exempt itself
from the requirements set forth in subdivision (b). This exemption
shall be formally noticed through the adoption of a resolution by the
board of supervisors. If a county so exempts itself, the county
shall nevertheless provide the following minimum advisory services in
accordance with rules adopted by the Judicial Council:
(1) Recorded telephone messages providing general information
relating to small claims actions filed in the county shall be
provided during regular business hours.
(2) Small claims information booklets shall be provided in the
court clerk's office of each municipal court, the court clerk's
office of each superior court in a county in which there is no
municipal court, the county administrator's office, other appropriate
county offices, and in any other location that is convenient to
prospective small claims litigants in the county.
(d) The advisory service shall operate in conjunction and
cooperation with the small claims division, and shall be administered
so as to avoid the existence or appearance of a conflict of interest
between the individuals providing the advisory services and any
party to a particular small claims action or any judicial officer
deciding small claims actions.
(e) Advisors may be volunteers, and shall be members of the State
Bar, law students, paralegals, or persons experienced in resolving
minor disputes, and shall be familiar with small claims court rules
and procedures. Advisors shall not appear in court as an advocate
for any party.
(f) Advisors and other court employees and volunteers have the
immunity conferred by Section 818.9 of the Government Code with
respect to advice provided under this chapter.
SEC. 44. Section 116.950 of the Code of Civil Procedure is amended
to read:
116.950. (a) This section shall become operative only if the
Department of Consumer Affairs determines that sufficient private or
public funds are available in addition to the funds available in the
department's current budget to cover the costs of implementing this
section.
(b) There shall be established an advisory committee, constituted
as set forth in this section, to study small claims practice and
procedure, with particular attention given to the improvement of
procedures for the enforcement of judgments.
(c) The members of the advisory committee shall serve without
compensation, but shall be reimbursed for expenses actually and
necessarily incurred by them in the performance of their duties. The
advisory committee shall report its findings and recommendations to
the Judicial Council and the Legislature.
(d) The advisory committee shall be composed as follows:
(1) The Attorney General or a representative.
(2) Two consumer representatives from consumer groups or agencies,
appointed by the Secretary of the State and Consumer Services
Agency.
(3) One representative appointed by the Speaker of the Assembly
and one representative appointed by the President pro Tempore of the
Senate.
(4) Two representatives, appointed by the Board of Governors of
the State Bar.
(5) Two representatives of the business community, appointed by
the Secretary of the Trade and Commerce Agency.
(6) Six judges of the municipal court, or of the superior court in
a county in which there is no municipal court, who have had
extensive experience as judges of small claims court, appointed by
the Judicial Council.
(7) One representative appointed by the Governor.
(8) Two clerks of the court, appointed by the Judicial Council.
(e) Staff assistance to the advisory committee shall be provided
by the Department of Consumer Affairs, with the assistance of the
Judicial Council, as needed.
SEC. 45. Section 134 of the Code of Civil Procedure is amended to
read:
134. (a) Except as provided in subdivision (c), the courts shall
be closed for the transaction of judicial business on judicial
holidays for all but the following purposes:
(1) To give, upon their request, instructions to a jury when
deliberating on their verdict.
(2) To receive a verdict or discharge a jury.
(3) For the conduct of arraignments and the exercise of the powers
of a magistrate in a criminal action, or in a proceeding of a
criminal nature.
(4) For the conduct of Saturday small claims court sessions
pursuant to the Small Claims Act set forth in Chapter 5.5 (commencing
with Section 116.110).
(b) Injunctions and writs of prohibition may be issued and served
on any day.
(c) In any superior or municipal court, one or more departments of
the court may remain open and in session for the transaction of any
business that may come before the department in the exercise of the
civil or criminal jurisdiction of the court, or both, on a judicial
holiday or at any hours of the day or night, or both, as the judges
of the court prescribe.
(d) The fact that a court is open on a judicial holiday shall not
make that day a nonholiday for purposes of computing the time
required for the conduct of any proceeding nor for the performance of
any act. Any paper lodged with the court at a time when the court
is open pursuant to subdivision (c), shall be filed by the court on
the next day that is not a judicial holiday, if the document meets
appropriate criteria for filing.
SEC. 46. Section 166 of the Code of Civil Procedure is amended to
read:
166. (a) The judge or judges of the superior and municipal courts
may, in chambers, in the matters within the jurisdiction of their
respective courts:
(1) Grant all orders and writs that are usually granted in the
first instance upon an ex parte application, and hear and dispose of
those orders and writs, appoint referees, require and receive
inventories and accounts to be filed, order notice of settlement of
supplemental accounts, suspend the powers of personal
representatives, guardians, or conservators in the cases allowed by
law, appoint special administrators, grant letters of temporary
guardianship or conservatorship, approve or reject claims, and direct
the issuance from the court of all writs and process necessary in
the exercise of their powers in matters of probate.
(2) Hear and determine all motions made pursuant to Section 657 or
663.
(3) Hear and determine all uncontested actions, proceedings,
demurrers, motions, petitions, applications, and other matters
pending before the court other than actions for dissolution of
marriage, for legal separation, or for a judgment of nullity of the
marriage, and except also applications for confirmation of sale of
real property in probate proceedings.
(4) Hear and determine motions to tax costs of enforcing a
judgment.
(5) Approve bonds and undertakings.
(b) A judge may, out of court, anywhere in the state, exercise all
the powers and perform all the functions and duties conferred upon a
judge as contradistinguished from the court, or that a judge may
exercise or perform in chambers.
SEC. 47. Section 170.5 of the Code of Civil Procedure is amended
to read:
170.5. For the purposes of Sections 170 to 170.5, inclusive, the
following definitions apply:
(a) "Judge" means judges of the municipal and superior courts, and
court commissioners and referees.
(b) "Financial interest" means ownership of more than a 1 percent
legal or equitable interest in a party, or a legal or equitable
interest in a party of a fair market value in excess of one thousand
five hundred dollars ($1,500), or a relationship as director, advisor
or other active participant in the affairs of a party, except as
follows:
(1) Ownership in a mutual or common investment fund that holds
securities is not a "financial interest" in those securities unless
the judge participates in the management of the fund.
(2) An office in an educational, religious, charitable, fraternal,
or civic organization is not a "financial interest" in securities
held by the organization.
(3) The proprietary interest of a policyholder in a mutual
insurance company, or a depositor in a mutual savings association, or
a similar proprietary interest, is a "financial interest" in the
organization only if the outcome of the proceeding could
substantially affect the value of the interest.
(c) "Officer of a public agency" does not include a Member of the
Legislature or a state or local agency official acting in a
legislative capacity.
(d) The third degree of relationship shall be calculated according
to the civil law system.
(e) "Private practice of law" includes a fee for service,
retainer, or salaried representation of private clients or public
agencies, but excludes lawyers as full-time employees of public
agencies or lawyers working exclusively for legal aid offices, public
defender offices, or similar nonprofit entities whose clientele is
by law restricted to the indigent.
(f) "Proceeding" means the action, case, cause, motion, or special
proceeding to be tried or heard by the judge.
(g) "Fiduciary" includes any executor, trustee, guardian, or
administrator.
SEC. 48. Section 170.7 of the Code of Civil Procedure is amended
to read:
170.7. Section 170.6 does not apply to a judge designated or
assigned to serve on the appellate division of a superior court in
the judge's capacity as a judge of that division.
SEC. 49. Section 179 of the Code of Civil Procedure is amended to
read:
179. Each of the justices of the Supreme Court and of any court
of appeal and the judges of the superior courts, shall have power in
any part of the state, and every municipal court judge shall have
power within the county or city and county in which the judge is
elected or appointed, to take and certify:
1. The proof and acknowledgment of a conveyance of real property,
or of any other written instrument.
2. The acknowledgment of satisfaction of a judgment of any court.
3. An affidavit or deposition to be used in this state.
SEC. 50. Section 194 of the Code of Civil Procedure is amended to
read:
194. The following definitions govern the construction of this
chapter:
(a) "County" means any county or any coterminous city and county.
(b) "Court" means the superior and municipal courts of this state,
and includes, when the context requires, any judge of the court.
(c) "Deferred jurors" are those prospective jurors whose request
to reschedule their service to a more convenient time is granted by
the jury commissioner.
(d) "Excused jurors" are those prospective jurors who are excused
from service by the jury commissioner for valid reasons based on
statute, state or local court rules, and policies.
(e) "Juror pool" means the group of prospective qualified jurors
appearing for assignment to trial jury panels.
(f) "Jury of inquest" is a body of persons summoned from the
citizens before the sheriff, coroner, or other ministerial officers,
to inquire of particular facts.
(g) "Master list" means a list of names randomly selected from the
source lists.
(h) "Potential juror" means any person whose name appears on a
source list.
(i) "Prospective juror" means a juror whose name appears on the
master list.
(j) "Qualified juror" means a person who meets the statutory
qualifications for jury service.
(k) "Qualified juror list" means a list of qualified jurors.
(l) "Random" means that which occurs by mere chance indicating an
unplanned sequence of selection where each juror's name has
substantially equal probability of being selected.
(m) "Source list" means a list used as a source of potential
jurors.
(n) "Summons list" means a list of prospective or qualified jurors
who are summoned to appear or to be available for jury service.
(o) "Trial jurors" are those jurors sworn to try and determine by
verdict a question of fact.
(p) "Trial jury" means a body of persons selected from the
citizens of the area served by the court and sworn to try and
determine by verdict a question of fact.
(q) "Trial jury panel" means a group of prospective jurors
assigned to a courtroom for the purpose of voir dire.
SEC. 51. Section 195 of the Code of Civil Procedure is amended to
read:
195. (a) In each county, there shall be one jury commissioner who
shall be appointed by, and serve at the pleasure of, a majority of
the judges of the superior court. In any county where there is a
superior court administrator or executive officer, that person shall
serve as ex officio jury commissioner. The person so appointed shall
serve as jury commissioner for all trial courts within the county.
In any municipal court district in the county, a majority of the
judges may appoint the clerk/administrator to select jurors for their
court pursuant to this chapter. In any court jurisdiction where any
person other than a court administrator or clerk/administrator is
serving as jury commissioner on the effective date of this section,
that person shall continue to so serve at the pleasure of a majority
or the judges of the appointing court.
(b) Except where the superior court administrator or executive
officer serves as ex officio jury commissioner, the jury commissioner'
s salary shall be set by joint action of the board of supervisors and
a majority of the superior court judges. Any jury commissioner may,
whenever the business of court requires, and with the consent of the
board of supervisors, appoint deputy jury commissioners. Salaries
and benefits of those deputies shall be fixed in the same manner as
salaries and benefits of other court employees.
(c) The jury commissioner shall be primarily responsible for
managing the jury system under the general supervision of the court
in conformance with the purpose and scope of this act. He or she
shall have authority to establish policies and procedures necessary
to fulfill this responsibility.
SEC. 52. Section 198.5 of the Code of Civil Procedure is amended
to read:
198.5. (a) Except as provided in subdivision (b), in counties
where sessions of the superior court are held in cities other than
the county seat, the names for master jury lists and qualified jury
lists to serve in those cities may be selected from the judicial
district in which the city is located and, if the judges of the court
determine that it is necessary or advisable, from a judicial
district adjacent to a judicial district in which the city is
located.
(b) In a county
in which there is no municipal court, if sessions of the superior
court are held in a location other than the county seat, the names
for master jury lists and qualified jury lists to serve in a session
may be selected from the area in which the session is held, pursuant
to a local superior court rule that divides the county in a manner
that provides all qualified persons in the county an equal
opportunity to be considered for jury service.
SEC. 53. Section 200 of the Code of Civil Procedure is amended to
read:
200. Except in Alameda County, when authorized by local superior
court rules, a municipal court district pursuant to duly adopted
court rule may use the same juror pool as that summoned for use in
the superior court. Persons so selected for jury service in those
municipal courts need not be residents of the judicial district. In
Los Angeles County, the municipal courts shall use the same jury pool
as that summoned for use in the superior court.
SEC. 53.5. Section 200 of the Code of Civil Procedure is amended
to read:
200. When authorized by local superior court rules, a municipal
court district pursuant to duly adopted court rule may use the same
juror pool as that summoned for use in the superior court. Persons
so selected for jury service in those municipal courts need not be
residents of the judicial district. In Los Angeles County, the
municipal courts shall use the same jury pool as that summoned for
use in the superior court.
SEC. 54. Section 215 of the Code of Civil Procedure is amended to
read:
215. (a) Unless a higher fee is provided, for each day's
attendance by county or city and county ordinance, the fee for jurors
in the superior and municipal courts, in civil and criminal cases,
is five dollars ($5) a day for each day's attendance as a juror.
Unless a higher rate of mileage is otherwise provided by statute or
by county or city and county ordinance, jurors in the superior and
municipal courts shall be reimbursed for mileage at the rate of
fifteen cents ($0.15) per mile for each mile actually traveled in
attending court as a juror, in going only.
(b) In criminal cases, the board of supervisors of each county
shall make sufficient appropriations for the payment of the fees
provided for in this section.
SEC. 54.5. Section 215 of the Code of Civil Procedure is amended
to read:
215. (a) Beginning January 1, 1999, the fee for jurors in the
superior and municipal courts, in civil and criminal cases, is ten
dollars ($10) a day for each day's attendance as a juror after the
first day.
(b) Unless a higher rate of mileage is otherwise provided by
statute or by county or city and county ordinance, jurors in the
superior and municipal courts shall be reimbursed for mileage at the
rate of fifteen cents ($0.15) per mile for each mile actually
traveled in attending court as a juror, in going only.
(c) In civil actions, juror fees and mileage reimbursement shall
be recoverable as costs.
SEC. 55. Section 217 of the Code of Civil Procedure is amended to
read:
217. In criminal cases only, while the jury is kept together,
either during the progress of the trial or after their retirement for
deliberation, the court may direct the sheriff or marshal to provide
the jury with suitable and sufficient food and lodging, or other
reasonable necessities. In the superior and municipal courts, the
expenses incurred under the provisions of this section shall be
charged against the county or city and county in which the court is
held. All those expenses shall be paid on the order of the court.
SEC. 56. Section 234 of the Code of Civil Procedure is amended to
read:
234. Whenever, in the opinion of a judge of a superior or
municipal court about to try a civil or criminal action or
proceeding, the trial is likely to be a protracted one, or upon
stipulation of the parties, the court may cause an entry to that
effect to be made in the minutes of the court and thereupon,
immediately after the jury is impaneled and sworn, the court may
direct the calling of one or more additional jurors, in its
discretion, to be known as "alternate jurors."
These alternate jurors shall be drawn from the same source, and in
the same manner, and have the same qualifications, as the jurors
already sworn, and shall be subject to the same examination and
challenges. However, each side, or each defendant, as provided in
Section 231, shall be entitled to as many peremptory challenges to
the alternate jurors as there are alternate jurors called.
The alternate jurors shall be seated so as to have equal power and
facilities for seeing and hearing the proceedings in the case, and
shall take the same oath as the jurors already selected, and shall,
unless excused by the court, attend at all times upon the trial of
the cause in company with the other jurors, but shall not participate
in deliberation unless ordered by the court, and for a failure to do
so are liable to be punished for contempt.
They shall obey the orders of and be bound by the admonition of
the court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff or
marshal during the trial of the cause, the alternate jurors shall
also be kept in confinement with the other jurors; and upon final
submission of the case to the jury, the alternate jurors shall be
kept in the custody of the sheriff or marshal who shall not suffer
any communication to be made to them except by order of the court,
and shall not be discharged until the original jurors are discharged,
except as provided in this section.
If at any time, whether before or after the final submission of
the case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his or her
duty, or if a juror requests a discharge and good cause appears
therefor, the court may order the juror to be discharged and draw the
name of an alternate, who shall then take his or her place in the
jury box, and be subject to the same rules and regulations as though
he or she has been selected as one of the original jurors.
All laws relative to fees, expenses, and mileage or transportation
of jurors shall be applicable to alternate jurors, except that in
civil cases the sums for fees and mileage or transportation need not
be deposited until the judge directs alternate jurors to be
impaneled.
SEC. 57. Section 269 of the Code of Civil Procedure is amended to
read:
269. (a) The official reporter of a superior court, or any of
them, where there are two or more, shall, at the request of either
party, or of the court in a civil case other than a limited civil
case, and on the order of the court, the district attorney, or the
attorney for the defendant in a felony case, take down in shorthand
all testimony, objections made, rulings of the court, exceptions
taken, all arraignments, pleas, and sentences of defendants in felony
cases, arguments of the prosecuting attorney to the jury, and all
statements and remarks made and oral instructions given by the judge.
If directed by the court, or requested by either party, the
official reporter shall, within such reasonable time after the trial
of the case as the court may designate, write the transcripts out, or
the specific portions thereof as may be requested, in plain and
legible longhand, or by typewriter, or other printing machine, and
certify that the transcripts were correctly reported and transcribed,
and when directed by the court, file the transcripts with the clerk
of the court.
(b) In any case where a defendant is convicted of a felony, after
a trial on the merits, the record on appeal shall be prepared
immediately after the verdict or finding of guilt is announced unless
the court determines that it is likely that no appeal from the
decision will be made. The court's determination of a likelihood of
appeal shall be based upon standards and rules adopted by the
Judicial Council.
(c) Any court, party, or person may request delivery of any
transcript in a computer-readable form, except that an original
transcript shall be on paper. A copy of the original transcript
ordered within 120 days of the filing or delivery of the transcript
by the official reporter shall be delivered in computer-readable form
upon request if the proceedings were produced utilizing
computer-aided transcription equipment. Except as modified by
standards adopted by the Judicial Council, the computer-readable
transcript shall be on disks in standard ASCII code unless otherwise
agreed by the reporter and the court, party, or person requesting the
transcript. Each disk shall be labeled with the case name and court
number, the dates of proceedings contained on the disk, and the page
and volume numbers of the data contained on the disk. Each disk as
produced by the court reporter shall contain the identical volume
divisions, pagination, line numbering, and text of the certified
original paper transcript or any portion thereof. Each disk shall be
sequentially numbered within the series of disks.
SEC. 58. Section 274a of the Code of Civil Procedure is amended to
read:
274a. Any judge of the superior court may have any opinion given
or rendered by the judge in the trial of a felony case or a civil
case other than a limited civil case, pending in that court, or any
necessary order, petition, citation, commitment or judgment in any
probate proceeding, proceeding concerning new or additional bonds of
county officials or juvenile court proceeding, or necessary order,
petition, citation, commitment, or oral testimony or judgment in any
insanity proceeding or proceedings relative to an alleged
feebleminded person, or the testimony or judgment relating to the
custody or support of minor children in any proceeding in which the
custody or support of minor children is involved, taken down in
shorthand and transcribed together with such copies as the court may
deem necessary by the official reporter of the court, but if there be
no official reporter for the court, then by any competent
stenographer; the cost thereof shall be a legal charge against the
county, payable out of the county treasury, except the fee for
reporting and transcribing in any civil action or proceeding or in
any probate proceeding, in the manner set forth in Sections 69947 to
69953, inclusive, of the Government Code.
SEC. 59. Section 274c of the Code of Civil Procedure is amended to
read:
274c. Official reporters shall, at the request of either party or
of the court in a limited civil case, or on the order of the court
in a misdemeanor or infraction case, take down in shorthand all the
testimony, the objections made, the rulings of the court, the
exceptions taken, all arraignments, pleas and sentences of defendants
in criminal cases, the arguments of the prosecuting attorney to the
jury, and all statements and remarks made and oral instructions given
by the judge; and if directed by the court, or requested by either
party, must, within such reasonable time after the trial of the case
as the court may designate, write out the same, or such specific
portions thereof as may be requested, in plain and legible longhand,
or by typewriter, or other printing machine, and certify to the same
as being correctly reported and transcribed, and when directed by the
court, file the same with the clerk of the court.
SEC. 60. Section 392 of the Code of Civil Procedure is amended to
read:
392. (1) Subject to the power of the court to transfer actions
and proceedings as provided in this title, the county in which the
real property, that is the subject of the action, or some part
thereof, is situated, is the proper county for the trial of the
following actions:
(a) For the recovery of real property, or of an estate or interest
therein, or for the determination in any form, of that right or
interest, and for injuries to real property;
(b) For the foreclosure of all liens and mortgages on real
property.
(2) The proper court for the trial of any such action, in the
county hereinabove designated as the proper county, shall be
determined as follows:
If there is a municipal court, having jurisdiction of the subject
matter of the action, established in the city and county or judicial
district in which the real property that is the subject of the
action, or some part thereof, is situated, that court is the proper
court for the trial of the action; otherwise any court in the county
having jurisdiction of the subject matter of the action, is a proper
court for the trial thereof.
SEC. 61. Section 393 of the Code of Civil Procedure is amended to
read:
393. (1) Subject to the power of the court to transfer actions
and proceedings as provided in this title, the county in which the
cause, or some part thereof, arose, is the proper county for the
trial of the following actions:
(a) For the recovery of a penalty or forfeiture imposed by
statute; except, that when it is imposed for an offense committed on
a lake, river, or other stream of water, situated in two or more
counties, the action may be tried in any county bordering on the
lake, river, or stream, and opposite to the place where the offense
was committed;
(b) Against a public officer or person especially appointed to
execute the duties of a public officer, for an act done by the
officer or person in virtue of the office; or against a person who,
by the officer's command or in the officer's aid, does anything
touching the duties of the officer.
(2) The proper court for the trial of any such action, in the
county hereinabove designated as the proper county, shall be
determined as follows:
If there is a municipal court having jurisdiction of the subject
matter of the action, established in the city and county or judicial
district in which the cause, or some part thereof, arose, that court
is the proper court for the trial of the action; otherwise, any court
in the county, having jurisdiction of the subject matter of the
action, is a proper court for the trial thereof. In the case of
offenses committed on a lake, river, or stream, hereinabove
mentioned, the court, having jurisdiction of the subject matter of
the action, nearest to the place where the offense was committed, in
any county mentioned in subdivision 1 of this section, is a proper
court for the trial of the action.
SEC. 62. Section 395 of the Code of Civil Procedure is amended to
read:
395. (a) Except as otherwise provided by law and subject to the
power of the court to transfer actions or proceedings as provided in
this title, the county in which the defendants or some of them reside
at the commencement of the action is the proper county for the trial
of the action. If the action is for injury to person or personal
property or for death from wrongful act or negligence, either the
county where the injury occurs or the injury causing death occurs or
the county in which the defendants, or some of them reside at the
commencement of the action, shall be a proper county for the trial of
the action. In a proceeding for dissolution of marriage, the county
in which either the petitioner or respondent has been a resident for
three months next preceding the commencement of the proceeding is
the proper county for the trial of the proceeding. In a proceeding
for nullity of marriage or legal separation of the parties, the
county in which either the petitioner or the respondent resides at
the commencement of the proceeding is the proper county for the trial
of the proceeding. In a proceeding to enforce an obligation of
support under Section 3900 of the Family Code, the county in which
the child resides is the proper county for the trial of the action.
In a proceeding to establish and enforce a foreign judgment or court
order for the support of a minor child, the county in which the child
resides is the proper county for the trial of the action. Subject
to subdivision (b), when a defendant has contracted to perform an
obligation in a particular county, either the county where the
obligation is to be performed or in which the contract in fact was
entered into or the county in which the defendant or any defendant
resides at the commencement of the action shall be a proper county
for the trial of an action founded on that obligation, and the county
in which the obligation is incurred shall be deemed to be the county
in which it is to be performed unless there is a special contract in
writing to the contrary. If none of the defendants reside in the
state or if residing in the state and the county in which they reside
is unknown to the plaintiff, the action may be tried in any county
that the plaintiff may designate in his or her complaint, and, if the
defendant is about to depart from the state, the action may be tried
in any county where either of the parties reside or service is made.
If any person is improperly joined as a defendant or has been made
a defendant solely for the purpose of having the action tried in the
county or judicial district where he or she resides, his or her
residence shall not be considered in determining the proper place for
the trial of the action.
(b) Subject to the power of the court to transfer actions or
proceedings as provided in this title, in an action arising from an
offer or provision of goods, services, loans or extensions of credit
intended primarily for personal, family or household use, other than
an obligation described in Section 1812.10 or Section 2984.4 of the
Civil Code, or an action arising from a transaction consummated as a
proximate result of an unsolicited telephone call made by a seller
engaged in the business of consummating transactions of that kind,
the county in which the buyer or lessee in fact signed the contract,
the county in which the buyer or lessee resided at the time the
contract was entered into, or the county in which the buyer or lessee
resides at the commencement of the action is the proper county for
the trial thereof.
(c) If within the county there is a municipal court having
jurisdiction of the subject matter established, in the cases
mentioned in subdivision (a), in the judicial district in which the
defendant or any defendant resides, in which the injury to person or
personal property or the injury causing death occurs, or, in which
the obligation was contracted to be performed or, in cases mentioned
in subdivision (b), in the judicial district in which the buyer or
lessee resides, in which the buyer or lessee in fact signed the
contract, in which the buyer or lessee resided at the time the
contract was entered into, or in which the buyer or lessee resides
at the commencement of the action, then that court is the proper
court for the trial of the action. Otherwise, any court in the
county having jurisdiction of the subject matter is a proper court
for the trial thereof.
(d) Any provision of an obligation described in subdivision (b) or
(c) waiving those subdivisions is void and unenforceable.
SEC. 62.5. Section 395 of the Code of Civil Procedure is amended
to read:
395. (a) Except as otherwise provided by law and subject to the
power of the court to transfer actions or proceedings as provided in
this title, the county in which the defendants or some of them reside
at the commencement of the action is the proper county for the trial
of the action. If the action is for injury to person or personal
property or for death from wrongful act or negligence, either the
county where the injury occurs or the injury causing death occurs or
the county in which the defendants, or some of them reside at the
commencement of the action, shall be a proper county for the trial of
the action. In a proceeding for dissolution of marriage, the county
in which either the petitioner or respondent has been a resident for
three months next preceding the commencement of the proceeding is
the proper county for the trial of the proceeding. In a proceeding
for nullity of marriage or legal separation of the parties, the
county in which either the petitioner or the respondent resides at
the commencement of the proceeding is the proper county for the trial
of the proceeding. In a proceeding to enforce an obligation of
support under Section 3900 of the Family Code, the county in which
the child resides is the proper county for the trial of the action.
In a proceeding to establish and enforce a foreign judgment or court
order for the support of a minor child, the county in which the child
resides is the proper county for the trial of the action. Subject
to subdivision (b), when a defendant has contracted to perform an
obligation in a particular county, either the county where the
obligation is to be performed or in which the contract in fact was
entered into or the county in which the defendant or any defendant
resides at the commencement of the action shall be a proper county
for the trial of an action founded on that obligation, and the county
in which the obligation is incurred shall be deemed to be the county
in which it is to be performed unless there is a special contract in
writing to the contrary. If none of the defendants reside in the
state or if residing in the state and the county in which they reside
is unknown to the plaintiff, the action may be tried in any county
that the plaintiff may designate in his or her complaint, and, if the
defendant is about to depart from the state, the action may be tried
in any county where either of the parties reside or service is made.
If any person is improperly joined as a defendant or has been made
a defendant solely for the purpose of having the action tried in the
county or judicial district where he or she resides, his or her
residence shall not be considered in determining the proper place for
the trial of the action.
(b) Subject to the power of the court to transfer actions or
proceedings as provided in this title, in an action arising from an
offer or provision of goods, services, loans or extensions of credit
intended primarily for personal, family or household use, other than
an obligation described in Section 1812.10 or Section 2984.4 of the
Civil Code, or an action arising from a transaction consummated as a
proximate result of either an unsolicited telephone call made by a
seller engaged in the business of consummating transactions of that
kind or a telephone call or electronic transmission made by the buyer
or lessee in response to a solicitation by the seller, the county in
which the buyer or lessee in fact signed the contract, the county in
which the buyer or lessee resided at the time the contract was
entered into, or the county in which the buyer or lessee resides at
the commencement of the action is the proper county for the trial
thereof.
(c) If within the county there is a municipal court having
jurisdiction of the subject matter established, in the cases
mentioned in subdivision (a), in the judicial district in which the
defendant or any defendant resides, in which the injury to person or
personal property or the injury causing death occurs, or, in which
the obligation was contracted to be performed or, in cases mentioned
in subdivision (b), in the judicial district in which the buyer or
lessee resides, in which the buyer or lessee in fact signed the
contract, in which the buyer or lessee resided at the time the
contract was entered into, or in which the buyer or lessee resides
at the commencement of the action, then that court is the proper
court for the trial of the action. Otherwise, any court in the
county having jurisdiction of the subject matter is a proper court
for the trial thereof.
(d) Any provision of an obligation described in subdivision (b) or
(c) waiving those subdivisions is void and unenforceable.
SEC. 63. Section 395.9 is added to the Code of Civil Procedure, to
read:
395.9. (a) In a county in which there is no municipal court, if
the caption of the complaint, cross-complaint, petition, or other
initial pleading erroneously states or fails to state, pursuant to
Section 422.30, that the action or proceeding is a limited civil
case, the action or proceeding shall not be dismissed, except as
provided in Section 399.5 or paragraph (1) of subdivision (b) of
Section 581, but shall, on the motion of the defendant or
cross-defendant within the time allowed for that party to respond to
the initial pleading, or on the court's own motion at any time, be
reclassified as a limited civil case or otherwise. The action or
proceeding shall then be prosecuted as if it had been so commenced,
all prior proceedings being saved. A motion for reclassification
shall not extend the moving party's time to answer or otherwise
respond.
(b) If it appears from the verified pleadings, or at the trial, or
hearing, that the determination of the action or proceeding, or of a
cross-complaint, will necessarily involve the determination of
questions inconsistent with the jurisdictional classification of the
case, the court shall, on the motion of either party establishing the
grounds for misclassification and good cause for not seeking
reclassification earlier, or on the court's own motion at any time,
reclassify the case.
(c) A motion for reclassification pursuant to this section shall
be supported by a declaration, affidavit, or other evidence if
necessary to establish that the case is misclassified. A
declaration, affidavit, or other evidence is not required if the
grounds for misclassification appear on the face of the challenged
pleading. All moving and supporting papers, opposition papers, and
reply papers shall be filed and served in accordance with Section
1005.
(d) An action or proceeding that is reclassified under the
provisions of this section shall be deemed to have been commenced at
the time the complaint or petition was initially filed, not at the
time of reclassification.
(e) Nothing in this section shall be construed to preclude or
affect the right to amend the pleadings as provided in this code.
(f) Nothing in this section shall be construed to require the
superior court to reclassify any action or proceeding because the
judgment to be rendered, as determined at the trial or hearing, is
one that might have been rendered in a limited civil case.
(g) In any case where the erroneous classification is due solely
to an excess in the amount of the demand, the excess may be remitted
and the action may continue as a limited civil case.
(h) Upon the making of an order for reclassification, proceedings
shall be had as provided in Section 399.5. Unless the court ordering
the reclassification otherwise directs, the costs and fees of those
proceedings, and other costs and fees of reclassifying the case,
including any additional
amount due for filing the initial pleading, are to be paid by the
party filing the pleading that erroneously classified the case.
SEC. 64. Section 396 of the Code of Civil Procedure is amended to
read:
396. If an action or proceeding is commenced in a court that
lacks jurisdiction of the subject matter thereof, as determined by
the complaint or petition, if there is a court of this state that has
subject matter jurisdiction, the action or proceeding shall not be
dismissed (except as provided in Section 399, and subdivision 1 of
Section 581) but shall, on the application of either party, or on the
court's own motion, be transferred to a court having jurisdiction of
the subject matter that may be agreed upon by the parties, or, if
they do not agree, to a court having subject matter jurisdiction that
is designated by law as a proper court for the trial or
determination thereof, and it shall thereupon be entered and
prosecuted in the court to which it is transferred as if it had been
commenced therein, all prior proceedings being saved. In any such
case, if summons is served prior to the filing of the action or
proceeding in the court to which it is transferred, as to any
defendant, so served, who has not appeared in the action or
proceeding, the time to answer or otherwise plead shall date from
service upon that defendant of written notice of filing of the action
or proceeding in the court to which it is transferred.
If an action or proceeding is commenced in or transferred to a
court that has jurisdiction of the subject matter thereof as
determined by the complaint or petition, and it thereafter appears
from the verified pleadings, or at the trial, or hearing, that the
determination of the action or proceeding, or of a cross-complaint,
will necessarily involve the determination of questions not within
the jurisdiction of the court, in which the action or proceeding is
pending, the court, whenever that lack of jurisdiction appears, must
suspend all further proceedings therein and transfer the action or
proceeding and certify the pleadings (or if the pleadings be oral, a
transcript of the same), and all papers and proceedings therein to a
court having jurisdiction thereof that may be agreed upon by the
parties, or, if they do not agree, to a court having subject matter
jurisdiction that is designated by law as a proper court for the
trial or determination thereof.
An action or proceeding that is transferred under the provisions
of this section shall be deemed to have been commenced at the time
the complaint or petition was filed in the court from which it was
originally transferred.
Nothing herein shall be construed to preclude or affect the right
to amend the pleadings as provided in this code.
Nothing herein shall be construed to require the superior court to
transfer any action or proceeding because the judgment to be
rendered, as determined at the trial or hearing, is one that might
have been rendered by a municipal court in the same county or city
and county.
In any case where the lack of jurisdiction is due solely to an
excess in the amount of the demand, the excess may be remitted and
the action may continue in the court where it is pending.
Upon the making of an order for transfer, proceedings shall be had
as provided in Section 399 of this code, the costs and fees thereof,
and of filing the case in the court to which transferred, to be paid
by the party filing the pleading in which the question outside the
jurisdiction of the court appears unless the court ordering the
transfer shall otherwise direct.
SEC. 65. Section 396a of the Code of Civil Procedure is amended to
read:
396a. In a limited civil case that is subject to Sections 1812.10
and 2984.4 of the Civil Code, or subdivision (b) of Section 395 of
the Code of Civil Procedure, or is an action or proceeding for an
unlawful detainer as defined in Section 1161 of the Code of Civil
Procedure, the plaintiff shall state facts in the complaint, verified
by the plaintiff's oath, or the oath of the plaintiff's attorney, or
in an affidavit of the plaintiff or of the plaintiff's attorney
filed with the complaint, showing that the action has been commenced
in the proper court for the trial of the action or proceeding, and
showing that the action is subject to the provisions of Sections
1812.10 and 2984.4 of the Civil Code or subdivision (b) of Section
395 of the Code of Civil Procedure, or is an action for an unlawful
detainer. When the affidavit is filed with the complaint, a copy
thereof shall be served with the summons. Except as herein provided,
if the complaint or affidavit be not so filed, no further
proceedings shall be had in the action or proceeding, except to
dismiss the same without prejudice. However, the court may, on such
terms as may be just, permit the affidavit to be filed subsequent to
the filing of the complaint, and a copy of the affidavit shall be
served on the defendant and the time to answer or otherwise plead
shall date from that service. If it appears from the complaint or
affidavit, or otherwise, that the court in which the action or
proceeding is commenced is not the proper court for the trial
thereof, the court in which the action or proceeding is commenced, or
a judge thereof, shall, whenever that fact appears, transfer it to
the proper court, on its own motion, or on motion of the defendant,
unless the defendant consents in writing, or in open court (consent
in open court being entered in the minutes or docket of the court),
to the keeping of the action or proceeding in the court where
commenced. If that consent be given, the action or proceeding may
continue in the court where commenced. Notwithstanding the
provisions of Section 1801.1 and subdivision (f) of Section 2983.7 of
the Civil Code, that consent may be given by a defendant who is
represented by counsel at the time the consent is given, and where an
action or proceeding is subject to subdivision (b) of Section 395 or
is for an unlawful detainer, that consent may only be given by a
defendant who is represented by counsel at the time the consent is
given. In any case where the transfer of the action or proceeding is
ordered under the provisions of this paragraph, if summons is served
prior to the filing of the action or proceeding in the court to
which it is transferred, as to any defendant, so served, who has not
appeared in the action or proceeding, the time to answer or otherwise
plead shall date from service upon that defendant of written notice
of the filing.
When it appears from the complaint or affidavit of the plaintiff
that the court in which the action or proceeding is commenced is a
proper court for the trial thereof, all proper proceedings may be
had, and the action or proceeding may be tried therein; provided,
however, that a motion for a transfer of the action or proceeding may
be made as in other cases, within the time, upon the grounds, and in
the manner provided in this title, and if upon that motion it
appears that the action or proceeding is not pending in the proper
court, or should for other cause be transferred, the same shall be
ordered transferred as provided in this title.
When any action or proceeding is ordered transferred as herein
provided, proceedings shall be had, and the costs and fees shall be
paid, as provided in Sections 398 and 399 of this code.
SEC. 66. Section 399.5 is added to the Code of Civil Procedure, to
read:
399.5. (a) Where an order is made for reclassification of an
action or proceeding pursuant to Section 395.9, the clerk shall
refile the case as reclassified on satisfaction of both of the
following conditions:
(1) Costs and fees have been paid in accordance with Section
395.9.
(2) Either the time within which to file a petition for writ of
mandate pursuant to Section 400 has expired and no writ has been
filed, or a writ has been filed and a judgment denying the writ has
become final.
(b) If the costs and fees have not been paid in accordance with
Section 395.9 within five days after service of notice of the order
for reclassification, then any party interested in the case,
regardless of whether that party is named in the complaint, may pay
the costs and fees, and the clerk shall refile the case as if the
costs and fees had been paid in accordance with Section 395.9. The
costs and fees shall then be a proper item of costs of the party
paying them, recoverable if that party prevails in the action or
proceeding. Otherwise, the costs and fees shall be offset against
and deducted from the amount, if any, awarded to the party
responsible for the costs and fees under Section 395.9, if that party
prevails in the action or proceeding.
(c) The cause of action shall not be further prosecuted in any
court until the costs and fees of reclassifying the case are paid.
If those costs and fees are not paid within 30 days after service of
notice of an order for reclassification, or if a copy of a petition
for writ of mandate pursuant to Section 400 is filed in the trial
court, then within 30 days after notice of finality of the order for
reclassification, the court on a motion by any party may dismiss the
action without prejudice to the cause on the condition that no other
action on the cause may be commenced in another court before the
costs and fees are paid. Where a petition for writ of mandate does
not result in a stay of proceedings, the time for payment of those
costs and fees is 60 days after service of the notice of the order.
(d) At the time of refiling the case as reclassified, the clerk
shall mail notice to all parties who have appeared in the action or
proceeding, stating the date on which refiling occurred and the
number assigned to the case as refiled.
(e) The court shall have and exercise over the refiled action or
proceeding the same authority as if the action or proceeding had been
originally commenced as reclassified, all prior proceedings being
saved. The court may allow or require whatever amendment of the
pleadings, filing and service of amended, additional, or supplemental
pleadings, or giving of notice, or other appropriate action, as may
be necessary for the proper presentation and determination of the
action or proceeding as reclassified.
SEC. 67. Section 400 of the Code of Civil Procedure is amended to
read:
400. When an order is made by the superior court granting or
denying a motion to change the place of trial or a motion to
reclassify an action or proceeding pursuant to Section 395.9, the
party aggrieved by the order may, within 20 days after service of a
written notice of the order, petition the court of appeal for the
district in which the court granting or denying the motion is
situated for a writ of mandate requiring trial of the case in the
proper court or proper classification of the action or proceeding
pursuant to Section 395.9. The superior court may, for good cause,
and prior to the expiration of the initial 20-day period, extend the
time for one additional period not to exceed 10 days. The petitioner
shall file a copy of the petition in the trial court immediately
after the petition is filed in the court of appeal. The court of
appeal may stay all proceedings in the case, pending judgment on the
petition becoming final. The clerk of the court of appeal shall file
with the clerk of the trial court, a copy of any final order or
final judgment immediately after the order or judgment becomes final.
SEC. 68. Section 402 of the Code of Civil Procedure is amended to
read:
402. The presiding judge of a municipal court district may order,
for the convenience of the court, that any case pending trial be
transferred to a contiguous municipal court district in the same
county if the presiding judge in the district to which the case is
proposed to be transferred consents to the transfer and notice
thereof is given to the parties or their attorneys at least 10 days
in advance of the date fixed for trial.
No fees shall be charged for the transfer of any case pursuant to
this section.
SEC. 69. Section 402.5 is added to the Code of Civil Procedure, to
read:
402.5. The superior court in a county in which there is no
municipal court may transfer a limited civil case to another branch
or location of the superior court in the same county.
SEC. 70. Section 422.20 of the Code of Civil Procedure is
repealed.
SEC. 71. Section 422.30 of the Code of Civil Procedure is amended
to read:
422.30. (a) Every pleading shall contain a caption setting forth:
(1) The name of the court and county, and, in municipal courts,
the name of the judicial district, in which the action is brought.
(2) The title of the action.
(b) In a limited civil case in a county in which there is no
municipal court, the caption shall state that the case is a limited
civil case.
SEC. 72. Section 425.10 of the Code of Civil Procedure is amended
to read:
425.10. A complaint or cross-complaint shall contain both of the
following:
(a) A statement of the facts constituting the cause of action, in
ordinary and concise language.
(b) A demand for judgment for the relief to which the pleader
claims to be entitled. If the recovery of money or damages be
demanded, the amount thereof shall be stated, unless the action is
brought in the superior court to recover actual or punitive damages
for personal injury or wrongful death, in which case the amount
thereof shall not be stated, except in a limited civil case.
SEC. 73. Section 425.11 of the Code of Civil Procedure is amended
to read:
425.11. (a) As used in this section:
(1) "Complaint" includes a cross-complaint.
(2) "Plaintiff" includes a cross-complainant.
(3) "Defendant" includes a cross-defendant.
(b) When a complaint is filed in an action in the superior court
to recover damages for personal injury or wrongful death, the
defendant may at any time request a statement setting forth the
nature and amount of damages being sought, except in a limited civil
case. The request shall be served upon the plaintiff, who shall
serve a responsive statement as to the damages within 15 days. In
the event that a response is not served, the party, on notice to the
plaintiff, may petition the court in which the action is pending to
order the plaintiff to serve a responsive statement.
(c) If no request is made for the statement referred to in
subdivision (a), the plaintiff shall serve the statement on the
defendant before a default may be taken.
(d) The statement referred to in subdivision (b) shall be served
in the following manner:
(1) If a party has not appeared in the action, the statement shall
be served in the same manner as a summons.
(2) If a party has appeared in the action, the statement shall be
served upon his or her attorney, or upon the party if he or she has
appeared without an attorney, in the manner provided for service of a
summons or in the manner provided by Chapter 5 (commencing with
Section 1010) of Title 14 of Part 2.
(e) The statement referred to in subdivision (b) may be combined
with the statement described in Section 425.115.
SEC. 74. Section 489.220 of the Code of Civil Procedure is amended
to read:
489.220. (a) Except as provided in subdivision (b), the amount of
an undertaking filed pursuant to this article shall be two thousand
five hundred dollars ($2,500) in a limited civil case, and seven
thousand five hundred dollars ($7,500) otherwise.
(b) If, upon objection to the undertaking, the court determines
that the probable recovery for wrongful attachment exceeds the amount
of the undertaking, it shall order the amount of the undertaking
increased to the amount it determines to be the probable recovery for
wrongful attachment if it is ultimately determined that the
attachment was wrongful.
SEC. 75. Section 564 of the Code of Civil Procedure is amended to
read:
564. (a) A receiver may be appointed, in the manner provided in
this chapter, by the court in which an action or proceeding is
pending in any case in which the court is empowered by law to appoint
a receiver.
(b) In superior court a receiver may be appointed by the court in
which an action or proceeding is pending, or by a judge thereof, in
the following cases, other than in a limited civil case:
(1) In an action by a vendor to vacate a fraudulent purchase of
property, or by a creditor to subject any property or fund to the
creditor's claim, or between partners or others jointly owning or
interested in any property or fund, on the application of the
plaintiff, or of any party whose right to or interest in the property
or fund, or the proceeds thereof, is probable, and where it is shown
that the property or fund is in danger of being lost, removed, or
materially injured.
(2) In an action by a secured lender for the foreclosure of the
deed of trust or mortgage and sale of the property upon which there
is a lien under a deed of trust or mortgage, where it appears that
the property is in danger of being lost, removed, or materially
injured, or that the condition of the deed of trust or mortgage has
not been performed, and that the property is probably insufficient to
discharge the deed of trust or mortgage debt.
(3) After judgment, to carry the judgment into effect.
(4) After judgment, to dispose of the property according to the
judgment, or to preserve it during the pendency of an appeal, or
pursuant to Title 9 (commencing with Section 680.010) (enforcement of
judgments), or after sale of real property pursuant to a decree of
foreclosure, during the redemption period, to collect, expend, and
disburse rents as directed by the court or otherwise provided by law.
(5) In the cases when a corporation has been dissolved, or is
insolvent, or in imminent danger of insolvency, or has forfeited its
corporate rights.
(6) In an action of unlawful detainer.
(7) At the request of the Public Utilities Commission pursuant to
Sections 855 and 5259.5 of the Public Utilities Code.
(8) In all other cases where receivers have heretofore been
appointed by the usages of courts of equity.
(9) At the request of the Office of Statewide Health Planning and
Development, or the Attorney General, pursuant to Section 436.222 of
the Health and Safety Code.
(10) In an action by a secured lender for specified performance of
an assignment of rents provision in a deed of trust, mortgage, or
separate assignment document. In addition, that appointment may be
continued after entry of a judgment for specific performance in that
action, if appropriate to protect, operate, or maintain real property
encumbered by the deed of trust or mortgage or to collect the rents
therefrom while a pending nonjudicial foreclosure under power of sale
in the deed of trust or mortgage is being completed.
(11) In a case brought by an assignee under an assignment of
leases, rents, issues, or profits pursuant to subdivision (g) of
Section 2938 of the Civil Code.
(c) A receiver may be appointed, in the manner provided in this
chapter, including, but not limited to, Section 566, by the superior
court in an action other than a limited civil case brought by a
secured lender to enforce the rights provided in Section 2929.5 of
the Civil Code, to enable the secured lender to enter and inspect the
real property security for the purpose of determining the existence,
location, nature, and magnitude of any past or present release or
threatened release of any hazardous substance into, onto, beneath, or
from the real property security. The secured lender shall not abuse
the right of entry and inspection or use it to harass the borrower
or tenant of the property. Except in case of an emergency, when the
borrower or tenant of the property has abandoned the premises, or if
it is impracticable to do so, the secured lender shall give the
borrower or tenant of the property reasonable notice of the secured
lender's intent to enter and shall enter only during the borrower's
or tenant's normal business hours. Twenty-four hours' notice shall
be presumed to be reasonable notice in the absence of evidence to the
contrary.
(d) Any action by a secured lender to appoint a receiver pursuant
to this section shall not constitute an action within the meaning of
subdivision (a) of Section 726.
(e) For purposes of this section:
(1) "Borrower" means the trustor under a deed of trust, or a
mortgagor under a mortgage, where the deed of trust or mortgage
encumbers real property security and secures the performance of the
trustor or mortgagor under a loan, extension of credit, guaranty, or
other obligation. The term includes any successor-in-interest of the
trustor or mortgagor to the real property security before the deed
of trust or mortgage has been discharged, reconveyed, or foreclosed
upon.
(2) "Hazardous substance" means (A) any "hazardous substance" as
defined in subdivision (f) of Section 25281 of the Health and Safety
Code as effective on January 1, 1991, or as subsequently amended, (B)
any "waste" as defined in subdivision (d) of Section 13050 of the
Water Code as effective on January 1, 1991, or as subsequently
amended, or (C) petroleum, including crude oil or any fraction
thereof, natural gas, natural gas liquids, liquefied natural gas, or
synthetic gas usable for fuel, or any mixture thereof.
(3) "Real property security" means any real property and
improvements, other than a separate interest and any related interest
in the common area of a residential common interest development, as
the terms "separate interest," "common area," and "common interest
development" are defined in Section 1351 of the Civil Code, or real
property consisting of one acre or less that contains 1 to 15
dwelling units.
(4) "Release" means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment, including continuing
migration, of hazardous substances into, onto, or through soil,
surface water, or groundwater.
(5) "Secured lender" means the beneficiary under a deed of trust
against the real property security, or the mortgagee under a mortgage
against the real property security, and any successor-in-interest of
the beneficiary or mortgagee to the deed of trust or mortgage.
SEC. 76. Section 575 of the Code of Civil Procedure is amended to
read:
575. The Judicial Council may promulgate rules governing pretrial
conferences, and the time, manner and nature thereof, in civil cases
at issue, or in one or more classes thereof, in the superior and
municipal courts.
SEC. 77. Section 575.1 of the Code of Civil Procedure is amended
to read:
575.1. (a) The presiding judge of each superior and municipal
court may prepare, with the assistance of appropriate committees of
the court, proposed local rules designed to expedite and facilitate
the business of the court. The rules need not be limited to those
actions on the civil active list, but may provide for the supervision
and judicial management of actions from the date they are filed.
Rules prepared pursuant to this section shall be submitted for
consideration to the judges of the court and, upon approval by a
majority of the judges, the judges shall have the proposed rules
published and submitted to the local bar and others, as specified by
the Judicial Council, for consideration and recommendations.
(b) After a majority of the judges have officially adopted the
rules, 61 copies or a greater number as specified by Judicial Council
rule, shall be filed with the Judicial Council as required by
Section 68071 of the Government Code. The Judicial Council shall
deposit a copy of each rule and amendment with each county law
library or county clerk where it shall be made available for public
examination. The local rules shall also be published for general
distribution in accordance with rules adopted by the Judicial
Council. Each court shall make its local rules available for
inspection and copying in every location of the court that generally
accepts filing of papers. The court may impose a reasonable charge
for copying the rules and may impose a reasonable page limit on
copying. The rules shall be accompanied by a notice indicating where
a full set of the rules may be purchased.
(c) If a judge of a court adopts a rule that applies solely to
cases in that judge's courtroom, or a particular branch or district
of a court adopts a rule that applies solely to cases in that
particular branch or district of a court, the court shall publish
these rules as part of the general publication of rules required by
the California Rules of Court. The court shall organize the rules so
that rules on a common subject, whether individual, branch,
district, or courtwide appear sequentially. Individual judges' rules
and branch and district rules are local rules of court for purposes
of this section and for purposes of the adoption, publication,
comment, and filing requirements set forth in the Judicial Council
rules applicable to local court rules.
SEC. 78. Section 580 of the Code of Civil Procedure is amended to
read:
580. (a) The relief granted to the plaintiff, if there is no
answer, cannot exceed that which he or she shall have demanded in his
or her complaint, in the statement required by Section 425.11, or in
the statement provided for by Section 425.115; but in any other
case, the court may grant the plaintiff any relief consistent with
the case made by the complaint and embraced within the issue. The
court may impose liability, regardless of whether the theory upon
which liability is sought to be imposed involves legal or equitable
principles.
(b) Notwithstanding subdivision (a), the following types of relief
may not be granted in a limited civil case:
(1) Relief exceeding the maximum amount in controversy for a
limited civil case as provided in Section 85, exclusive of attorney's
fees, interest, and costs.
(2) A permanent injunction.
(3) A determination of title to real property.
(4) Enforcement of an order under the Family Code.
(5) Declaratory relief, except as authorized by Section 86.
SEC. 79. Section 581d of the Code of Civil Procedure is amended to
read:
581d. A written dismissal of an action shall be entered in the
clerk's register and is effective for all purposes when so entered.
All dismissals ordered by the court shall be in the form of a
written order signed by the court and filed in the action and those
orders when so filed shall constitute judgments and be effective for
all purposes, and the clerk shall note those judgments in the
register of actions in the case.
SEC. 80.
Section 582.5 is added to the Code of Civil Procedure, to read:
582.5. In a limited civil case in which the defendant has
appeared, if the judgment or order is for the payment of money by the
defendant, the defendant shall pay the judgment immediately or at
any time and upon terms and conditions, including installment
payments, that the court may prescribe. The court may amend the
terms and conditions for payment of the judgment or order at any time
to provide for installment payments for good cause upon motion by a
party and notice to all affected parties, regardless of the nature of
the underlying debt and regardless of whether the moving party
appeared before entry of the judgment or order. In any determination
regarding the imposition of terms and conditions upon the payment of
the judgment, the court shall consider any factors that would be
relevant to the determination of a claim for exemption pursuant to
Chapter 4 (commencing with Section 703.010) of Division 2 of Title 9
of Part 2 or the examination of a debtor pursuant to Article 2
(commencing with Section 708.110) of Chapter 6 of Division 2 of Title
9.
SEC. 81. Section 594 of the Code of Civil Procedure is amended to
read:
594. (a) In superior and municipal courts either party may bring
an issue to trial or to a hearing, and, in the absence of the adverse
party, unless the court, for good cause, otherwise directs, may
proceed with the case and take a dismissal of the action, or a
verdict, or judgment, as the case may require; provided, however, if
the issue to be tried is an issue of fact, proof shall first be made
to the satisfaction of the court that the adverse party has had 15
days' notice of such trial or five days' notice of the trial in an
unlawful detainer action as specified in subdivision (b). If the
adverse party has served notice of trial upon the party seeking the
dismissal, verdict, or judgment at least five days prior to the
trial, the adverse party shall be deemed to have had notice.
(b) The notice to the adverse party required by subdivision (a)
shall be served by mail on all the parties by the clerk of the court
not less than 20 days prior to the date set for trial. In an
unlawful detainer action where notice is served by mail that service
shall be mailed not less than 10 days prior to the date set for
trial. If notice is not served by the clerk as required by this
subdivision, it may be served by mail by any party on the adverse
party not less than 15 days prior to the date set for trial, and in
an unlawful detainer action where notice is served by mail that
service shall be mailed not less than 10 days prior to the date set
for trial. The time provisions of Section 1013 shall not serve to
extend the notice of trial requirements under this subdivision for
unlawful detainer actions. If notice is served by the clerk, proof
thereof may be made by introduction into evidence of the clerk's
certificate pursuant to subdivision (3) of Section 1013a or other
competent evidence. If notice is served by a party, proof may be
made by introduction into evidence of an affidavit or certificate
pursuant to subdivision (1) or (2) of Section 1013a or other
competent evidence. The provisions of this subdivision are
exclusive.
SEC. 82. Section 628 of the Code of Civil Procedure is amended to
read:
628. In superior and municipal courts upon receipt of a verdict,
an entry must be made in the minutes of the court, specifying the
time of trial, the names of the jurors and witnesses, and setting out
the verdict at length; and where a special verdict is found, either
the judgment rendered thereon, or if the case be reserved for
argument or further consideration, the order thus reserving it.
SEC. 83. Section 631 of the Code of Civil Procedure is amended to
read:
631. (a) Trial by jury may be waived by the several parties to an
issue of fact in any of the following ways:
(1) By failing to appear at the trial.
(2) By written consent filed with the clerk or judge.
(3) By oral consent, in open court, entered in the minutes or
docket.
(4) By failing to announce that a jury is required, at the time
the cause is first set for trial, if it is set upon notice or
stipulation, or within five days after notice of setting if it is set
without notice or stipulation.
(5) By failing to deposit with the clerk, or judge, advance jury
fees 25 days prior to the date set for trial, except in unlawful
detainer actions where the fees shall be deposited at least five days
prior to the date set for trial, or as provided by subdivision (b).
The advanced jury fee shall not exceed the amount necessary to pay
the average mileage and fees of 20 trial jurors for one day in the
court to which the jurors are summoned.
(6) By failing to deposit with the clerk or judge, promptly after
the impanelment of the jury, a sum equal to the mileage or
transportation (if any be allowed by law) of the jury accrued up to
that time.
(7) By failing to deposit with the clerk or judge, at the
beginning of the second and each succeeding day's session a sum equal
to one day's fees of the jury, and the mileage or transportation, if
any.
(b) In a superior court action, other than a limited civil case,
if a jury is demanded by either party in the memorandum to set the
cause for trial and the party, prior to trial, by announcement or by
operation of law waives a trial by jury, then all adverse parties
shall have five days following the receipt of notice of the waiver to
file and serve a demand for a trial by jury and to deposit any
advance jury fees that are then due.
(c) When the party who has demanded trial by jury either waives
the trial upon or after the assignment for trial to a specific
department of the court, or upon or after the commencement of the
trial, or fails to deposit the fees as provided in paragraph (6) of
subdivision (a), trial by jury shall be waived by the other party
either failing promptly to demand trial by jury before the judge in
whose department the waiver, other than for the failure to deposit
such fees, was made, or by that party's failing promptly to deposit
the fees provided in paragraph (6) of subdivision (a).
(d) The court may, in its discretion upon just terms, allow a
trial by jury although there may have been a waiver of a trial by
jury.
SEC. 83.5. Section 631 of the Code of Civil Procedure is amended
to read:
631. (a) Trial by jury may be waived by the several parties to an
issue of fact in any of the following ways:
(1) By failing to appear at the trial.
(2) By written consent filed with the clerk or judge.
(3) By oral consent, in open court, entered in the minutes or
docket.
(4) By failing to announce that a jury is required, at the time
the cause is first set for trial, if it is set upon notice or
stipulation, or within five days after notice of setting if it is set
without notice or stipulation.
(5) By failing to deposit with the clerk, or judge, advance jury
fees 25 days prior to the date set for trial, except in unlawful
detainer actions where the fees shall be deposited at least five days
prior to the date set for trial, or as provided by subdivision (b).
An advanced jury fee deposited pursuant to this paragraph may not
exceed a total of one hundred fifty dollars ($150).
(6) By failing to deposit with the clerk or judge, promptly after
the impanelment of the jury, a sum equal to the mileage or
transportation (if any be allowed by law) of the jury accrued up to
that time.
(7) By failing to deposit with the clerk or judge, at the
beginning of the second and each succeeding day's session a sum equal
to one day's fees of the jury, and the mileage or transportation, if
any.
(b) In a superior court action, other than a limited civil case,
if a jury is demanded by either party in the memorandum to set the
cause for trial and the party, prior to trial, by announcement or by
operation of law waives a trial by jury, then all adverse parties
shall have five days following the receipt of notice of the waiver to
file and serve a demand for a trial by jury and to deposit any
advance jury fees that are then due.
(c) When the party who has demanded trial by jury either waives
the trial upon or after the assignment for trial to a specific
department of the court, or upon or after the commencement of the
trial, or fails to deposit the fees as provided in paragraph (6) of
subdivision (a), trial by jury shall be waived by the other party
either failing promptly to demand trial by jury before the judge in
whose department the waiver, other than for the failure to deposit
those fees, was made, or by that party's failing promptly to deposit
the fees provided in paragraph (6) of subdivision (a).
(d) The court may, in its discretion upon just terms, allow a
trial by jury although there may have been a waiver of a trial by
jury.
SEC. 84. Section 632 of the Code of Civil Procedure is amended to
read:
632. In superior and municipal courts, upon the trial of a
question of fact by the court, written findings of fact and
conclusions of law shall not be required. The court shall issue a
statement of decision explaining the factual and legal basis for its
decision as to each of the principal controverted issues at trial
upon the request of any party appearing at the trial. The request
must be made within 10 days after the court announces a tentative
decision unless the trial is concluded within one calendar day or in
less than eight hours over more than one day in which event the
request must be made prior to the submission of the matter for
decision. The request for a statement of decision shall specify
those controverted issues as to which the party is requesting a
statement of decision. After a party has requested the statement,
any party may make proposals as to the content of the statement of
decision.
The statement of decision shall be in writing, unless the parties
appearing at trial agree otherwise; however, when the trial is
concluded within one calendar day or in less than 8 hours over more
than one day, the statement of decision may be made orally on the
record in the presence of the parties.
SEC. 85. Section 655 of the Code of Civil Procedure is amended to
read:
655. The provisions of this article apply to superior or
municipal courts.
SEC. 86. Section 668 of the Code of Civil Procedure is amended to
read:
668. Except as provided in Section 668.5, the clerk of the
superior court and municipal court, must keep, with the records of
the court, a book called the "judgment book," in which judgments must
be entered.
SEC. 87. Section 670 of the Code of Civil Procedure is amended to
read:
670. In superior and municipal courts the following papers,
without being attached together, shall constitute the judgment roll:
(a) In case the complaint is not answered by any defendant, the
summons, with the affidavit or proof of service; the complaint; the
request for entry of default with a memorandum indorsed thereon that
the default of the defendant in not answering was entered, and a copy
of the judgment; if defendant has appeared by demurrer, and the
demurrer has been overruled, then notice of the overruling thereof
served on defendant's attorney, together with proof of the service;
and in case the service so made is by publication, the affidavit for
publication of summons, and the order directing the publication of
summons.
(b) In all other cases, the pleadings, all orders striking out any
pleading in whole or in part, a copy of the verdict of the jury, the
statement of decision of the court, or finding of the referee, and a
copy of any order made on demurrer, or relating to a change of
parties, and a copy of the judgment; if there are two or more
defendants in the action, and any one of them has allowed judgment to
pass against him or her by default, the summons, with proof of its
service, on the defendant, and if the service on the defaulting
defendant be by publication, then the affidavit for publication, and
the order directing the publication of the summons.
SEC. 88. Section 685.030 of the Code of Civil Procedure is amended
to read:
685.030. (a) If a money judgment is satisfied in full pursuant to
a writ under this title, interest ceases to accrue on the judgment:
(1) If the proceeds of collection are paid in a lump sum, on the
date of levy.
(2) If the money judgment is satisfied pursuant to an earnings
withholding order, on the date and in the manner provided in Section
706.024 or Section 706.028.
(3) In any other case, on the date the proceeds of sale or
collection are actually received by the levying officer.
(b) If a money judgment is satisfied in full other than pursuant
to a writ under this title, interest ceases to accrue on the date the
judgment is satisfied in full.
(c) If a money judgment is partially satisfied pursuant to a writ
under this title or is otherwise partially satisfied, interest ceases
to accrue as to the part satisfied on the date the part is
satisfied.
(d) For the purposes of subdivisions (b) and (c), the date a money
judgment is satisfied in full or in part is the earliest of the
following times:
(1) The date satisfaction is actually received by the judgment
creditor.
(2) The date satisfaction is tendered to the judgment creditor or
deposited in court for the judgment creditor.
(3) The date of any other performance that has the effect of
satisfaction.
(e) In a limited civil case, the clerk of a court may enter in the
Register of Actions a writ of execution on a money judgment as
returned wholly satisfied when the judgment amount, as specified on
the writ, is fully collected and only an interest deficit of no more
than ten dollars ($10) exists, due to automation of the continual
daily interest accrual calculation.
SEC. 89. Section 688.010 of the Code of Civil Procedure is amended
to read:
688.010. For the purpose of the remedies provided under this
article, jurisdiction is conferred upon any of the following courts:
(a) The superior court, regardless of whether the municipal court
also has jurisdiction under subdivision (b).
(b) The municipal court if (1) the amount of liability sought to
be collected does not exceed the jurisdictional amount of the court
and (2) the legality of the liability being enforced is not contested
by the person against whom enforcement is sought.
SEC. 90. Section 697.310 of the Code of Civil Procedure is amended
to read:
697.310. (a) Except as otherwise provided by statute, a judgment
lien on real property is created under this section by recording an
abstract of a money judgment with the county recorder.
(b) Unless the money judgment is satisfied or the judgment lien is
released, subject to Section 683.180 (renewal of judgment), a
judgment lien created under this section continues until 10 years
from the date of entry of the judgment.
(c) The creation and duration of a judgment lien under a money
judgment entered pursuant to Section 117 or 582.5 of this code or
Section 16380 of the Vehicle Code or under a similar judgment is
governed by this section, notwithstanding that the judgment may be
payable in installments.
SEC. 91. Section 697.350 of the Code of Civil Procedure is amended
to read:
697.350. (a) Except as otherwise provided by statute, a judgment
lien on real property is a lien for the amount required to satisfy
the money judgment.
(b) A judgment lien on real property created under a money
judgment payable in installments pursuant to Section 117 or 582.5 of
this code or Section 16380 of the Vehicle Code or under a similar
judgment is in the full amount required to satisfy the judgment, but
the judgment lien may not be enforced for the amount of unmatured
installments unless the court so orders.
(c) A judgment lien created pursuant to Section 697.320 is a lien
for the amount of the installments as they mature under the terms of
the judgment, plus accrued interest and the costs as they are added
to the judgment pursuant to Chapter 5 (commencing with Section
685.010) of Division 1, and less the amount of any partial
satisfactions, but does not become a lien for any installment until
it becomes due and payable under the terms of the judgment.
SEC. 92. Section 697.540 of the Code of Civil Procedure is amended
to read:
697.540. (a) Except as otherwise provided by statute, a judgment
lien on personal property is a lien for the amount required to
satisfy the money judgment.
(b) A judgment lien on personal property created under a money
judgment payable in installments pursuant to Section 117 or 582.5 of
this code or pursuant to Section 16380 of the Vehicle Code is in the
full amount required to satisfy the judgment, but the judgment lien
may not be enforced for the amount of unmatured installments unless
the court so orders.
SEC. 93. Section 703.600 of the Code of Civil Procedure is amended
to read:
703.600. An appeal lies from any order made under this article.
SEC. 94. Section 706.105 of the Code of Civil Procedure is amended
to read:
706.105. (a) A judgment debtor may claim an exemption under
Section 706.051 under either of the following circumstances:
(1) No prior hearing has been held with respect to the earnings
withholding order.
(2) There has been a material change in circumstances since the
time of the last prior hearing on the earnings withholding order.
(b) A claim of exemption shall be made by filing with the levying
officer an original and one copy of (1) the judgment debtor's claim
of exemption and (2) the judgment debtor's financial statement.
(c) Upon filing of the claim of exemption, the levying officer
shall promptly send to the judgment creditor, at the address stated
in the application for the earnings withholding order, by first-class
mail, postage prepaid, all of the following:
(1) A copy of the claim of exemption.
(2) A copy of the financial statement.
(3) A notice of claim of exemption. The notice shall state that
the claim of exemption has been filed and that the earnings
withholding order will be terminated, or modified to reflect the
amount of earnings claimed to be exempt in the claim of exemption,
unless a notice of opposition to the claim of exemption is filed with
the levying officer by the judgment creditor within 10 days after
the date of the mailing of the notice of claim of exemption.
(d) A judgment creditor who desires to contest a claim of
exemption shall, within 10 days after the date of the mailing of the
notice of claim of exemption, file with the levying officer a notice
of opposition to the claim of exemption.
(e) If a notice of opposition to the claim of exemption is filed
with the levying officer within the 10-day period, the judgment
creditor is entitled to a hearing on the claim of exemption. If the
judgment creditor desires a hearing on the claim of exemption, the
judgment creditor shall file a notice of motion for an order
determining the claim of exemption with the court within 10 days
after the date the levying officer mailed the notice of claim of
exemption. If the notice of motion is so filed, the hearing on the
motion shall be held not later than 30 days from the date the notice
of motion was filed unless continued by the court for good cause. At
the time prescribed by subdivision (b) of Section 1005, the judgment
creditor shall give written notice of the hearing to the levying
officer and shall serve a notice of the hearing and a copy of the
notice of opposition to the claim of exemption on the judgment debtor
and, if the claim of exemption so requested, on the attorney for the
judgment debtor. Service is deemed made when the notice of the
hearing and a copy of the notice of opposition to the claim of
exemption are deposited in the mail, postage prepaid, addressed to
the judgment debtor at the address stated in the claim of exemption
and, if service on the attorney for the judgment debtor was requested
in the claim of exemption, to the attorney at the address stated in
the claim of exemption. The judgment creditor shall file proof of
the service with the court. After receiving the notice of the
hearing and before the date set for the hearing, the levying officer
shall file the claim of exemption and the notice of opposition to the
claim of exemption with the court.
(f) If the levying officer does not receive a notice of opposition
to the claim of exemption within the 10-day period after the date of
mailing of the notice of claim of exemption and a notice of the
hearing not later than 10 days after the filing of the notice of
opposition to the claim of exemption, the levying officer shall serve
on the employer one of the following:
(1) A notice that the earnings withholding order has been
terminated if all of the judgment debtor's earnings were claimed to
be exempt.
(2) A modified earnings withholding order that reflects the amount
of earnings claimed to be exempt in the claim of exemption if only a
portion of the judgment debtor's earnings was claimed to be exempt.
(g) If, after hearing, the court orders that the earnings
withholding order be modified or terminated, the clerk shall promptly
transmit a certified copy of the order to the levying officer who
shall promptly serve on the employer of the judgment debtor (1) a
copy of the modified earnings withholding order or (2) a notice that
the earnings withholding order has been terminated. The court may
order that the earnings withholding order be terminated as of a date
that precedes the date of hearing. If the court determines that any
amount withheld pursuant to the earnings withholding order shall be
paid to the judgment debtor, the court shall make an order directing
the person who holds that amount to pay it promptly to the judgment
debtor.
(h) If the earnings withholding order is terminated by the court,
unless the court otherwise orders or unless there is a material
change of circumstances since the time of the last prior hearing on
the earnings withholding order, the judgment creditor may not apply
for another earnings withholding order directed to the same employer
with respect to the same judgment debtor for a period of 100 days
following the date of service of the earnings withholding order or 60
days after the date of the termination of the order, whichever is
later.
(i) If an employer has withheld and paid over amounts pursuant to
an earnings withholding order after the date of termination of the
order but prior to the receipt of notice of its termination, the
judgment debtor may recover those amounts only from the levying
officer if the levying officer still holds those amounts or, if
those amounts have been paid over to the judgment creditor, from the
judgment creditor. If the employer has withheld amounts pursuant to
an earnings withholding order after termination of the order but has
not paid over those amounts to the levying officer, the employer
shall promptly pay those amounts to the judgment debtor.
(j) An appeal lies from any court order under this section denying
a claim of exemption or modifying or terminating an earnings
withholding order. An appeal by the judgment creditor from an order
modifying or terminating the earnings withholding order does not stay
the order from which the appeal is taken. Notwithstanding the
appeal, until the order modifying or terminating the earnings
withholding order is set aside or modified, the order allowing the
claim of exemption in whole or in part shall be given the same
effect as if the appeal had not been taken.
(k) This section does not apply to a withholding order for support
or a withholding order for taxes.
SEC. 95. Section 708.180 of the Code of Civil Procedure is amended
to read:
708.180. (a) Subject to subdivision (b), if a third person
examined pursuant to Section 708.120 claims an interest in the
property adverse to the judgment debtor or denies the debt, the court
may, if the judgment creditor so requests, determine the interests
in the property or the existence of the debt. The determination is
conclusive as to the parties to the proceeding and the third person,
but an appeal may be taken from the determination. The court may
grant a continuance for a reasonable time for discovery proceedings,
the production of evidence, or other preparation for the hearing.
(b) The court may not make the determination provided in
subdivision (a) if the third person's claim is made in good faith and
any of the following conditions is satisfied:
(1) The court would not be a proper court for the trial of an
independent civil action (including a creditor's suit) for the
determination of the interests in the property or the existence of
the debt, and the third person objects to the determination of the
matter under subdivision (a).
(2) At the time an order for examination pursuant to Section
708.120 is served on the third person a civil action (including a
creditor's suit) is pending with respect to the interests in the
property or the existence of the debt.
(3) The court determines that the interests in the property or the
existence of the debt should be determined in a creditor's suit.
(c) Upon application of the judgment creditor made ex parte, the
court may make an order forbidding transfer of the property to the
judgment debtor or payment of the debt to the judgment debtor until
the interests in the property or the existence of the debt is
determined pursuant to subdivision (a) or until a creditor's suit may
be commenced and an order obtained pursuant to Section 708.240. An
undertaking may be required in the discretion of the court. The
court may modify or vacate the order at any time with or without a
hearing on such terms as are just.
(d) Upon application of the judgment creditor upon noticed motion,
the court may, if it determines that the judgment debtor probably
owns an interest in the property or that the debt probably is owed to
the judgment debtor, make an order forbidding the transfer or other
disposition of the property to any person or forbidding payment of
the debt until the interests in the property or the existence of the
debt is determined pursuant to subdivision (a) or until a creditor's
suit may be commenced and an order obtained pursuant to Section
708.240. The court shall require the judgment creditor to furnish an
undertaking as provided in Section 529. The court may modify or
vacate the order at any time after notice and hearing on such terms
as are just.
SEC. 96. Section 720.160 of the Code of Civil Procedure is amended
to read:
720.160. (a) If the creditor files with the levying officer an
undertaking that satisfies the requirements of this section within
the time allowed under subdivision (b) of Section 720.140:
(1) The levying officer shall execute the writ in the manner
provided by law unless the third person files an undertaking to
release the property pursuant to Chapter 6 (commencing with Section
720.610).
(2) After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims of the third person for
which the creditor has given the undertaking.
(b) Subject to Sections 720.770 and 996.010, unless the creditor
elects to file an undertaking in a larger amount, the amount of the
undertaking filed by the creditor under this section shall be in the
amount of:
(1) Except as provided in paragraph (2), seven thousand five
hundred dollars ($7,500), or twice the amount of the execution lien
as of the date of levy or other enforcement lien as of the date it
was created, whichever is the lesser amount.
(2) In a limited civil case, two thousand five hundred dollars
($2,500), or twice the amount of the execution lien as of the date of
levy or other enforcement lien as of the date it was created,
whichever is the lesser amount.
(c) An undertaking given by the creditor under this chapter shall:
(1) Be made in favor of the third person.
(2) Indemnify the third person against any loss, liability,
damages, costs, and attorney's fees, incurred by reason of the
enforcement proceedings.
(3) Be conditioned on a final judgment that the third person owns
or has the right of possession of the property.
(d) If the creditor is a public entity exempt from giving an
undertaking, the public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating that the
public entity opposes the claim of the third person. When so filed,
the notice is deemed to satisfy the requirement of this section that
an undertaking be filed.
SEC. 97. Section 720.260 of the Code of Civil Procedure is amended
to read:
720.260. (a) If the creditor within the time allowed under
subdivision (b) of Section 720.240 either files with the levying
officer an undertaking that satisfies the requirements of this
section and a statement that satisfies the requirements of Section
720.280 or makes a deposit with the levying officer of the amount
claimed under Section 720.230:
(1) The levying officer shall execute the writ in the manner
provided by law unless, in a case where the creditor has filed an
undertaking, the secured party or lienholder files an undertaking to
release the property pursuant to Chapter 6 (commencing with Section
720.610).
(2) After sale, payment, or delivery of the property pursuant to
the writ, the property is free of all claims or liens of the secured
party or lienholder for which the creditor has given the undertaking
or made the deposit.
(b) Subject to Sections 720.770 and 996.010, unless the creditor
elects to file an undertaking in a larger amount, the amount of the
undertaking filed by the creditor under this section shall be in the
amount of:
(1) Except as provided in paragraph (2), seven thousand five
hundred dollars ($7,500), or twice the amount of the execution lien
as of the date of levy or other enforcement lien as of the date it
was created, whichever is the lesser amount.
(2) In a limited civil case, two thousand five hundred dollars
($2,500), or twice the amount of the execution lien as of the date of
levy or other enforcement lien as of the date it was created,
whichever is the lesser amount.
(c) An undertaking given by the creditor under this chapter shall:
(1) Be made in favor of the secured party or lienholder.
(2) Indemnify the secured party or lienholder against any loss,
liability, damages, costs, and attorney's fees, incurred by reason of
the enforcement proceedings.
(3) Be conditioned on a final judgment that the security interest
or lien of the third person is entitled to priority over the creditor'
s lien.
(d) If the creditor is a public entity exempt from giving an
undertaking, the public entity shall, in lieu of filing the
undertaking, file with the levying officer a notice stating that the
public entity opposes the claim of the third person. When so filed,
the notice is deemed to satisfy the requirement of this section that
an undertaking be filed.
SEC. 98. Section 720.420 of the Code of Civil Procedure is amended
to read:
720.420. An appeal may be taken from a judgment given pursuant to
Section 720.390.
SEC. 99. Section 871.3 of the Code of Civil Procedure is amended
to read:
871.3. A good faith improver may bring an action in the superior
court or, subject to Sections 395.9 and 396, may file a
cross-complaint in a pending action in the superior or municipal
court for relief under this chapter. In every case, the burden is on
the good faith improver to establish that he or she is entitled to
relief under this chapter, and the degree of negligence of the good
faith improver should be taken into account by the court in
determining whether the improver acted in good faith and in
determining the relief, if any, that is consistent with substantial
justice to the parties under the circumstances of the particular
case.
SEC. 100. Section 904.1 of the Code of Civil Procedure is amended
to read:
904.1. (a) An appeal, other than in a limited civil case, is to
the court of appeal. An appeal, other than in a limited civil case,
may be taken from any of the following:
(1) From a judgment, except (A) an interlocutory judgment, other
than as provided in paragraphs (8), (9), and (11), (B) a judgment of
contempt that is made final and conclusive by Section 1222, or (C) a
judgment granting or denying a petition for issuance of a writ of
mandamus or prohibition directed to a municipal court or the superior
court in a county in which there is no municipal court or the judge
or judges thereof that relates to a matter pending in the municipal
or superior court. However, an appellate court may, in its
discretion, review a judgment granting or denying a petition for
issuance of a writ of mandamus or prohibition, or a judgment or order
for the payment of monetary sanctions, upon petition for an
extraordinary writ.
(2) From an order made after a judgment made appealable by
paragraph (1).
(3) From an order granting a motion to quash service of summons or
granting a motion to stay or dismiss the action on the ground of
inconvenient forum.
(4) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
(5) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
(6) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
(7) From an order appointing a receiver.
(8) From an interlocutory judgment, order, or decree, hereafter
made or entered in an action to redeem real or personal property from
a mortgage thereof, or a lien thereon, determining the right to
redeem and directing an accounting.
(9) From an interlocutory judgment in an action for partition
determining the rights and interests of the respective parties and
directing partition to be made.
(10) From an order made appealable by the provisions of the
Probate Code or the Family Code.
(11) From an interlocutory judgment directing payment of monetary
sanctions by a party or an attorney for a party if the amount exceeds
five thousand dollars ($5,000).
(12) From an order directing payment of monetary sanctions by a
party or an attorney for a party if the amount exceeds five thousand
dollars ($5,000).
(b) Sanction orders or judgments of five thousand dollars ($5,000)
or less against a party or an attorney for a party may be reviewed
on an appeal by that party after entry of final judgment in the main
action, or, at the discretion of the court of appeal, may be reviewed
upon petition for an extraordinary writ.
SEC. 101. Section 904.2 of the Code of Civil Procedure is amended
to read:
904.2. An appeal in a limited civil case is to the appellate
division of the superior court. An appeal in a limited civil case
may be taken from any of the following:
(a) From a judgment, except (1) an interlocutory judgment, or (2)
a judgment of contempt that is made final and conclusive by Section
1222.
(b) From an order made after a judgment made appealable by
subdivision (a).
(c) From an order changing or refusing to change the place of
trial.
(d) From an order granting a motion to quash service of summons or
granting a motion to stay or dismiss the action on the ground of
inconvenient forum.
(e) From an order granting a new trial or denying a motion for
judgment notwithstanding the verdict.
(f) From an order discharging or refusing to discharge an
attachment or granting a right to attach order.
(g) From an order granting or dissolving an injunction, or
refusing to grant or dissolve an injunction.
(h) From an order appointing a receiver.
SEC. 102. Section 904.5 of the Code of Civil Procedure is amended
to read:
904.5. Appeals from the small claims division of a municipal or
superior court shall be governed by the Small Claims Act (Chapter 5.5
(commencing with Section 116.110) of Title 1 of Part 1).
SEC. 103. Section 911 of the Code of Civil Procedure is amended to
read:
911. A court of appeal may order any case on appeal to a
superior court in its district transferred to it for hearing and
decision as provided by rules of the Judicial Council when the
superior court certifies, or the court of appeal determines, that the
transfer appears necessary to secure uniformity of decision or to
settle important questions of law.
No case in which there is a right on appeal to a trial anew in the
superior court shall be transferred pursuant to this section before
a decision in the case becomes final therein.
A court to which any case is transferred pursuant to this section
shall have similar power to review any matter and make orders and
judgments as the appellate division of the superior court would have
in the case, except that if the case was tried anew in the superior
court, the court of appeal shall have similar power to review any
matter and make orders and judgments as it has in a case appealed
pursuant to Section 904.1.
SEC. 104. Section 912 of the Code of Civil Procedure is amended to
read:
912. Upon final determination of an appeal by the reviewing
court, the clerk of the court shall remit to the trial court a
certified copy of the judgment or order of the reviewing court and of
its opinion, if any. The clerk of the trial court shall file the
certified copy of the judgment and opinion of the reviewing court,
shall attach the same to the judgment roll if the appeal was from a
judgment, and shall enter a note of the judgment of the reviewing
court stating whether the judgment or order appealed from has been
affirmed, reversed or modified, in the margin of the original entry
of the judgment or order, and also in the register of actions or
docket.
SEC. 105. Section 996.430 of the Code of Civil Procedure is
amended to read:
996.430. (a) The liability on a bond may be enforced by civil
action. Both the principal and the sureties shall be joined as
parties to the action.
(b) If the bond was given in an action or proceeding, the action
shall be commenced in the court in which the action or proceeding was
pending. If the bond was given other than in an action or
proceeding, the action shall be commenced in any court of competent
jurisdiction, and the amount of damage claimed in the action, not the
amount of the bond, determines the jurisdictional classification of
the case.
(c) A cause of action on a bond may be transferred and assigned as
other causes of action.
SEC. 106. Section 1014 of the Code of Civil Procedure is amended
to read:
1014. A defendant appears in an action when the defendant
answers, demurs, files a notice of motion to strike, files a notice
of motion to transfer pursuant to Section 396b, moves for
reclassification pursuant to Section 395.9, gives the plaintiff
written notice of appearance, or when an attorney gives notice of
appearance for the defendant. After appearance, a defendant or the
defendant's attorney is entitled to notice of all subsequent
proceedings of which notice is required to be given. Where a
defendant has not appeared, service of notice or papers need not be
made upon the defendant.
SEC. 107. Section 1033 of the Code of Civil Procedure is amended
to read:
1033. (a) Costs or any portion of claimed costs shall be as
determined by the court in its discretion in a case other than a
limited civil case in accordance with Section 1034 where the
prevailing party recovers a judgment that could have been rendered in
a limited civil case.
(b) When a prevailing plaintiff in a limited civil case recovers
less than the amount prescribed by law as the maximum limitation upon
the jurisdiction of the small claims court, the following shall
apply:
(1) When the party could have brought the action in the small
claims division but did not do so, the court may, in its discretion,
allow or deny costs to the prevailing party, or may allow costs in
part in any amount as it deems proper.
(2) When the party could not have brought the action in the small
claims court, costs and necessary disbursements shall be limited to
the actual cost of the filing fee, the actual cost of service of
process, and, when otherwise specifically allowed by law, reasonable
attorneys' fees. However, those costs shall only be awarded to the
plaintiff if the court is satisfied that prior to the commencement of
the action, the plaintiff informed the defendant in writing of the
intended legal action against the defendant and that legal action
could result in a judgment against the defendant that would include
the costs and necessary disbursements allowed by this paragraph.
SEC. 108. Section 1052 of the Code of Civil Procedure is amended
to read:
1052. The clerk of a municipal court may keep among the records
of the court a register of civil actions in which shall be entered
the title of the action commenced in that court, with brief notes
under it, from time to time, of all papers filed and proceedings had
therein.
SEC. 109. Section 1052.5 of the Code of Civil Procedure is amended
to read:
1052.5. In lieu of maintaining a register of actions as described
in Section 1052, the clerk of the municipal court may maintain a
register of actions by means of photographing, microphotographing, or
mechanically or electronically storing the whole content of all
papers and records, or any portion thereof, as will constitute a
memorandum, necessary to the keeping of a register of actions so long
as the completeness and chronological sequence of the register are
not disturbed.
All such reproductions shall be placed in convenient, accessible
files, and provision shall be made for preserving, examining, and
using them.
Any photograph, microphotograph, or photocopy that is made
pursuant to this section shall be made in such manner and on such
paper as will comply with the minimum standards of quality approved
therefor by the National Bureau of Standards.
SEC. 110. Section 1060 of the Code of Civil Procedure is amended
to read:
1060. Any person interested under a written instrument, excluding
a will or a trust, or under a contract, or who desires a declaration
of his or her rights or duties with respect to another, or in
respect to, in, over or upon property, or with respect to the
location of the natural channel of a watercourse, may, in cases of
actual controversy relating to the legal rights and duties of the
respective parties, bring an original action or cross-complaint in
the superior court or in the municipal court to the extent allowed
pursuant to Article 1 (commencing with Section 85) of Chapter 5.1 of
Title 1 of Part 1 for a declaration of his or her rights and duties
in the premises, including a determination of any question of
construction or validity arising under the instrument or contract.
He or she may ask for a declaration of rights or duties, either alone
or with other relief; and the court may make a binding declaration
of these rights or duties, whether or not further relief is or could
be claimed at the time. The declaration may be either affirmative or
negative in form and effect, and the declaration shall have the
force of a final judgment. The declaration may be had before there
has been any breach of the obligation in respect to which said
declaration is sought.
SEC. 111. Section 1068 of the Code of Civil Procedure is amended
to read:
1068. (a) A writ of review may be granted by any court, except a
municipal court, when an inferior tribunal, board, or officer,
exercising judicial functions, has exceeded the jurisdiction of such
tribunal, board, or officer, and there is no appeal, nor, in the
judgment of the court, any plain, speedy, and adequate remedy.
(b) The appellate division of the superior court may grant a writ
of review directed to the superior court in a limited civil case.
SEC. 112. Section 1085 of the Code of Civil Procedure is amended
to read:
1085. (a) A writ of mandate may be issued by any court, except a
municipal court, to any inferior tribunal, corporation, board, or
person, to compel the performance of an act which the law specially
enjoins, as a duty resulting from an office, trust, or station, or to
compel the admission of a party to the use and enjoyment of a right
or office to which the party is entitled, and from which the party is
unlawfully precluded by such inferior tribunal, corporation, board,
or person.
(b) The appellate division of the superior court may grant a writ
of mandate directed to the superior court in a limited civil case.
SEC. 113. Section 1103 of the Code of Civil Procedure is amended
to read:
1103. (a) A writ of prohibition may be issued by any court,
except municipal courts, to an inferior tribunal or to a corporation,
board, or person, in all cases where there is not a plain, speedy,
and adequate remedy in the ordinary course of law. It is issued upon
the verified petition of the person beneficially interested.
(b) The appellate division of the superior court may grant a writ
of prohibition directed to the superior court in a limited civil
case.
SEC. 114. Section 1134 of the Code of Civil Procedure is amended
to read:
1134. In all courts the statement must be filed with the clerk of
the court in which the judgment is to be entered, who must endorse
upon it, and enter a judgment of the court for the amount confessed
with the costs hereinafter set forth. At the time of filing, the
plaintiff shall pay as court costs that shall become a part of the
judgment the following fees: fifteen dollars ($15) or in a limited
civil case ten dollars ($10). No fee shall be collected from the
defendant. No fee shall be paid by the clerk of the court in which a
confession of judgment is filed for the law library fund nor for
services of any court reporter. The statement and affidavit, with
the judgment endorsed thereon, becomes the judgment roll.
SEC. 115. Section 1140 of the Code of Civil Procedure is amended
to read:
1140. The judgment may be enforced in the same manner as if it
had been rendered in an action of the same jurisdictional
classification in the same court, and is in the same manner subject
to appeal.
SEC. 116. Section 1141.11 of the Code of Civil Procedure is
amended to read:
1141.11. (a) In each superior court with 10 or more judges, or 18
or more judges in a county in which there is no municipal court, all
at-issue civil actions pending on or filed after the operative date
of this chapter, other than a limited civil case, shall be submitted
to arbitration, by the presiding judge or the judge designated, under
this chapter if the amount in controversy in the opinion of the
court will not exceed fifty thousand dollars ($50,000) for each
plaintiff, which decision shall not be appealable.
(b) In each superior court with less than 10 judges, or fewer than
18 judges in a county in which there is no municipal court, the
court may provide by local rule, when it determines that it is in the
best interests of justice, that all at-issue civil actions pending
on or filed after the operative date of this chapter, shall be
submitted to arbitration by the presiding judge or the judge
designated under this chapter if the amount in controversy in the
opinion of the court will not exceed fifty thousand dollars ($50,000)
for each plaintiff, which decision shall not be appealable.
(c) Each municipal court, or superior court in a county in which
there is no municipal court, may provide by local rule, when it is
determined to be in the best interests of justice, that all at-issue
limited civil cases pending on or filed after the operative date of
this chapter, shall be submitted to arbitration by the presiding
judge or the judge designated under this chapter. This section does
not apply to any action in small claims court, or to any action
maintained pursuant to Section 1781 of the Civil Code or Section 1161
of this code.
(d) In each court that has adopted judicial arbitration pursuant
to subdivision (c), all limited civil cases pending on or after July
1, 1990, that involve a claim for money damages against a single
defendant as a result of a motor vehicle collision, except those
heard in the small claims division, shall be submitted to arbitration
within 120 days of the filing of the defendant's answer to the
complaint (except as may be extended by the court for good cause)
before an arbitrator selected by the court, subject to
disqualification for cause as specified in Sections 170.1 and 170.6.
The court may provide by local rule for the voluntary or mandatory
use of case questionnaires, established under Section 93, in any
proceeding subject to these provisions. Where local rules provide
for the use of case questionnaires, the questionnaires shall be
exchanged by the parties upon the defendant's answer and completed
and returned within 60 days.
For the purposes of this subdivision, the term "single defendant"
means (1) an individual defendant, whether a person or an entity, (2)
two or more persons covered by the same insurance policy applicable
to the motor vehicle collision, or (3) two or more persons residing
in the same household when no insurance policy exists that is
applicable to the motor vehicle collision. The naming of one or more
cross-defendants, not a plaintiff, shall constitute a
multiple-defendant case not subject to the provisions of this
subdivision.
(e) No local rule of a superior court providing for judicial
arbitration may dispense with the conference required pursuant to
Section 1141.16.
SEC. 117. Section 1141.12 of the Code of Civil Procedure is
amended to read:
1141.12. (a) In each superior court in which arbitration may be
had pursuant to subdivision (a) or (b) of Section 1141.11, upon
stipulation of the parties, any at-issue civil actions shall be
submitted to arbitration regardless of the amount in controversy.
(b) In all other superior and municipal courts, the Judicial
Council shall provide by rule for a uniform system of arbitration of
the following causes:
(i) Any cause upon stipulation of the parties.
(ii) Upon filing of an election by the plaintiff, any cause in
which the plaintiff agrees that the arbitration award shall not
exceed the amount in controversy as specified in Section 1141.11.
(c) Any election by a plaintiff shall be filed no sooner than the
filing of the at-issue memorandum, and no later than 90 days before
trial, or at a later time if permitted by the court.
SEC. 118. Section 1161.2 of the Code of Civil Procedure is amended
to read:
1161.2. (a) Except as provided in subdivision (g), in any case
filed under this chapter as a limited civil case, the court clerk
shall not allow access to the court file, index, register of actions,
or other court records until 60 days following the date the
complaint is filed, except pursuant to an ex parte court order upon a
showing of good cause therefor by any person including, but not
limited to, a newspaper publisher. However, the clerk of the court
shall allow access to the court file to a party in the action, an
attorney of a party in the action, or any other person who (1)
provides to the clerk the names of at least one plaintiff, one
defendant, and the address, including the apartment, unit, or space
number, if applicable, of the subject premises, or (2) provides to
the clerk the name of one of the parties or the case number and can
establish through proper identification that he or she resides at the
subject premises.
(b) For purposes of this section, "good cause" includes, but is
not limited to, the gathering of newsworthy facts by a person
described in Section 1070 of the Evidence Code. It is the intent of
the Legislature that a simple procedure be established to request the
ex parte order described in subdivision (a).
(c) Except as provided in subdivision (g), upon the filing of any
case so restricted, the court clerk shall mail notice to each
defendant named in the action. The notice shall be mailed to the
address provided in the complaint. The notice shall contain a
statement that an unlawful detainer complaint (eviction action) has
been filed naming that party as a defendant, and that access to the
court file will be delayed for 60 days except to a party, an attorney
for one of the parties, or any other person who (1) provides to the
clerk the names of at least one plaintiff and one defendant in the
action and provides to the clerk the address, including any
applicable apartment, unit, or space number, of the subject premises,
or (2) provides to the clerk the name of one of the parties in the
action or the case number and can establish through proper
identification that he or she lives at the subject premises. The
notice shall also contain a statement that access to the court index,
register of actions, or other records is not permitted until 60 days
after the complaint is filed, except pursuant to an ex parte order
upon a showing of good cause therefor. The notice shall contain on
its face the name and phone number of the county bar association and
the name and phone number of an office funded by the
federal Legal Services Corporation that
provides legal services to low-income persons in the county in which
the action is filed. The notice shall state that these numbers may
be called for legal advice regarding the case. The notice shall be
issued between 24 and 48 hours of the filing of the complaint,
excluding weekends and holidays. One copy of the notice shall be
addressed to "all occupants" and mailed separately to the subject
premises. The notice shall not constitute service of the summons and
complaint.
(d) Notwithstanding any other provision of law, the court shall,
upon adoption of a resolution by the board of supervisors requiring
such a fee, charge an additional fee for filing a first appearance by
the plaintiff in an amount equal in the aggregate to the actual cost
of complying with this section, but that shall not exceed a maximum
of four dollars ($4). This fee shall be included as part of the
total filing fee for actions filed under this chapter. Any such
board resolution in effect on January 1, 1994, shall remain in effect
until it is repealed.
(e) A municipal court or the superior court in a county in which
there is no municipal court, after consultation with local
associations of rental property owners, tenant groups, and providers
of legal services to tenants, may exempt itself from the operation of
this section upon a finding that unscrupulous eviction defense
services are not a substantial problem in the judicial district. The
court shall review the finding every 12 months. An exempt court
shall not charge the additional fee authorized in subdivision (d).
(f) The Judicial Council shall examine the extent to which
requests for access to files pursuant to an ex parte order under
subdivision (a) are granted or denied, and if denied, the reason for
the denial of access.
(g) This section shall not apply to a case that seeks to terminate
a mobilehome park tenancy if the statement of the character of the
proceeding in the caption of the complaint clearly indicates that the
complaint seeks termination of a mobilehome park tenancy.
SEC. 119. Section 1167.2 of the Code of Civil Procedure is amended
to read:
1167.2. (a) (1) There is hereby established a pilot project in
the Los Angeles Municipal Court downtown courthouse for the Los
Angeles Judicial District, for those cases within the venue of the
Central Division, and the municipal courts for the County of San
Bernardino. Nothing herein shall be construed to preclude those
municipal courts that were implementing the pilot project as of
January 1, 1996, from continuing to do so subject to the provisions
of this section as amended by Assembly Bill 2966 of the 1995-96
Regular Session. Nothing herein shall preclude other courts from
opting to implement the pilot project in a limited civil case.
The pilot project shall be considered successful if delays and
abuses in the unlawful detainer system are reduced, due process
protections are maintained for all parties, and significant
administrative burdens are not imposed on the courts. Failure to
meet one or more of the numerical measurements of success shall not
be interpreted as a lack of success of the project if, in the
Judicial Council's view, the totality of circumstances reflect
success of the project. Measurements of success shall include:
(A) A 50-percent reduction of time from filing an unlawful
detainer action to regaining possession of property in cases in which
a deposit demand is made as compared to cases in which a deposit
demand is not made. The measurement of this reduction shall exclude
any action to obtain possession of any nonresidential premises and
any action in which the trial was held on the date set for the
pretrial hearing and the defendant was not represented by counsel at
this trial.
(B) No more than 5 percent of the unlawful detainer cases are
appealed in which a demand for prospective rent is made. The
measurement of this percentage shall exclude any action to obtain
possession of a nonresidential premises and any action in which the
trial was held on the date set for the pretrial hearing and the
defendant was not represented by counsel at this trial.
(C) A 40-percent reduction of total administrative and judicial
time for the courts when disposing of unlawful detainer actions in
which a deposit demand is made as compared to cases in which a
deposit demand is not made.
(D) No increase in costs to the courts in cases in which a deposit
demand is made as compared to cases in which no deposit demand is
made.
(E) Less than 1 percent of the unlawful detainer cases in which a
deposit demand was made involved property subject to an outstanding
violation.
(2) Criteria to be considered for determining the success of the
pilot project shall include, but not be limited to, all of the
following:
(A) The time for disposition of unlawful detainer cases using the
pretrial rent deposit procedure as compared to cases under
subdivision 2 of Section 1161 from previous years for which records
are available and other unlawful detainer cases in the same time
period, in which a deposit is not demanded. However, this comparison
shall exclude any action to obtain possession of any nonresidential
premises and any action in which the trial was held on the date set
for the pretrial hearing and the defendant was not represented by
counsel at this trial.
(B) The percentage of hearings that are contested as compared to
failures of parties to appear at the hearing, the number of deposits
ordered to be made after a hearing, the number of deposits actually
made, and the number of occasions the court found a substantial
conflict as to material fact or facts.
(C) The effect of the procedure on the ability of the parties to
prepare and present a case at the hearing.
(D) Analysis of compliance with subdivision (d) using random
samples that are sufficient to produce statistically valid data.
(E) Assessment by the courts as to the efficiency of the
procedure, and whether there was an overall increase or decrease in
the administrative burden of dealing with unlawful detainer cases.
(F) The number of cases in which trials are held at the time and
date set for the pretrial hearing and the disposition of the cases.
Each court participating in the pilot project shall develop
procedures to survey participants in the process and to gather data
on its experience with the process. Survey participants shall
include, but not be limited to, members of the judiciary, court
administration, court clerks, counsel for plaintiffs and defendants,
landlords, tenants, sheriffs, and marshals.
The presiding judges of participating courts shall report on the
success of the pilot project to the Judicial Council on or before
September 30, 1998, and the Judicial Council shall report to the
Legislature on or before December 31, 1998.
(b) (1) In any action for unlawful detainer brought under
subdivision (2) of Section 1161, the plaintiff may make a demand for
a pretrial prospective rent deposit, provided the plaintiff has
alleged in the body of the unlawful detainer complaint that no
citation of a type described in subdivision (c) is outstanding as of
the date the complaint is filed. The demand shall be made in the
body of the unlawful detainer complaint, on the first page thereof
immediately under the case number, and on the summons issued by the
court.
(2) The summons and complaint shall be accompanied by a reply
form. The reply form shall be prepared by the Judicial Council to
allow the defendant to advise the court and the plaintiff that the
defendant denies the allegations of the unlawful detainer complaint
and intends to appear and defend the action. The information to be
contained in the form shall include, but not be limited to, the
following:
(A) A statement that in order for the defendant to protect his or
her rights, the form should be completed and returned to the court
immediately, but in no event later than five days from receipt of the
summons and complaint. The form shall be returned to the court by
personal delivery or by registered or certified mail, return receipt
requested, postmarked within five days from receipt of the summons
and complaint.
(B) A statement that, if the form is not returned to the court in
the time and manner prescribed herein, the defendant shall be
required to deposit with the court the prospective rent as defined in
subdivision (e) by the date of the hearing in order to preserve the
right to have a trial of this matter.
(C) A statement that if the defendant does not return the form to
the court as prescribed herein and subsequently fails to deposit the
amount of prospective rent as defined in subdivision (d) up to and
including the date of the hearing, the court shall order judgment for
possession of the premises to be entered in favor of the plaintiff
at the pretrial hearing.
(3) Upon the filing of the proof of service of the summons and
complaint for unlawful detainer containing a demand for a pretrial
prospective rent deposit, the clerk of the court shall set a pretrial
hearing date no less than eight nor more than 13 days from the
filing of the proof of service, and give notice of that date to all
parties by first-class mail if the plaintiff pays the fee required by
Section 72055 of the Government Code, plus an additional sum in an
amount set by the court to cover actual costs of the court associated
with the procedure established by this section. The proceeds from
this additional fee shall be deposited with the county treasurer and,
upon appropriation, be available solely to the court and the county
in which the court is located and shall be used exclusively for costs
associated with this procedure. If the court provides procedures
for holding a trial on the same date as the day scheduled for the
pretrial hearing, the court shall use a Judicial Council form to
inform defendants of the date, time, and place of the pretrial
hearing. The form shall include a statement that is substantially in
the following form:
"If you are represented by counsel on the date set for the pretrial
hearing, the court may ask you to waive your right to the pretrial
hearing and proceed directly to trial. If you agree, the trial will
begin and you will be expected to have all your evidence and
witnesses present in the courtroom. You should seriously consider
whether it is in your interest to waive your right to a pretrial
hearing. If you agree to waive your right to a pretrial hearing and
lose at trial, judgment will be entered against you for eviction and
money damages. Whereas, if you lose your pretrial hearing and fail
to make the pretrial rent deposit within two court days, the court
can only enter judgment for eviction without any money damages."
(c) (1) At the pretrial hearing, the court shall determine whether
a substantial conflict exists as to a material fact or facts
relevant to the unlawful detainer for purposes of requiring the
defendant to deposit with the clerk of the court prospective rent as
defined in subdivision (e) as a condition of continuing to trial. If
at the pretrial hearing the court determines, based upon the written
declarations or oral testimony of the parties, that (A) the
plaintiff is the landlord of the premises, the defendant failed to
pay contract rent, the defendant was properly served with a three-day
notice, and the defendant failed to tender the rent or quit the
premises, and (B) no substantial conflict exists as to a material
fact or facts relevant to the unlawful detainer after considering any
written or oral answer to the unlawful detainer complaint made by
the defendant and any and all affirmative defenses offered by the
defendant, and considering any oral testimony and written
declarations presented by all of the parties, then the court shall
have the discretion to order the defendant to deposit, with the clerk
of the court, prospective rent as defined in subdivision (e). If
the court orders a deposit of prospective rent and if the defendant
fails to deposit the prospective rent within two court days from the
date of the hearing, judgment for the plaintiff for possession of the
premises shall be entered and a writ of possession for the premises
shall be issued forthwith. If the defendant has not returned the
reply form as described in paragraph (2) of subdivision (b) in the
time and manner required, any deposit of prospective rent ordered by
the court shall be made by the date of the hearing. If a defendant
has not returned the reply form and then fails to deposit the
prospective rent on the day of the hearing, judgment for the
plaintiff for possession of the premises shall be entered and a writ
of possession shall be issued forthwith. Upon entry of judgment for
possession of the premises for the plaintiff pursuant to this
subdivision, the court shall dismiss any claim for money relief
without prejudice.
(2) For purposes of the pretrial hearing held pursuant to
paragraph (1), the parties shall have the right to offer
declarations, affidavits, and documentary evidence in addition to
oral testimony of the parties, but no witnesses other than the
parties may be called to testify. The court shall consult the
parties to ascertain whether there is a substantial conflict as to a
material fact or facts relevant to the unlawful detainer. The
pretrial hearing of the case shall be informal, the object being to
dispense justice promptly, fairly, and inexpensively. Except as
provided in paragraph (3), for the purposes of the pilot project in
Los Angeles County, no attorney may take part in the conduct of the
pretrial hearing unless the attorney is appearing to maintain an
action (A) by or against himself or herself, (B) by or against a
partnership in which he or she is a general partner and in which all
the partners are attorneys, or (C) by a corporation. If an attorney
appears at the pretrial hearing to maintain an action as authorized
by this paragraph, an attorney may appear for the opposing party in
this action.
(3) Notwithstanding whether the defendant has returned the reply
form pursuant to paragraph (2) of subdivision (b), a defendant may
respond to the summons and complaint with an oral answer at the
pretrial hearing or by written answer, motion, or demurrer. An oral
answer shall be reduced to a writing by the court clerk, recorded
electronically, or recorded by a court reporter. The court, in
issuing its decision, shall make findings as to the matters specified
in paragraph (1) of subdivision (b), including any defenses. The
decision and findings shall be reduced to a writing. If the
defendant responds to the unlawful detainer by demurrer or motion,
this motion or demurrer shall be filed and served pursuant to
Sections 1167 and 1167.3 and shall be heard and decided at the
pretrial hearing held pursuant to this section. Notwithstanding
paragraph (2) of subdivision (c), attorneys may appear in any county
for parties prosecuting or contesting a demurrer or motion.
Notwithstanding Section 1005, papers opposing the defendant's motion
or demurrer may be filed and personally served no later than one day
prior to the day appointed for the hearing. If the defendant fails
to respond to the unlawful detainer by written answer, motion,
demurrer, or oral answer at the pretrial hearing, the court shall
order judgment for possession of the premises to be entered in favor
of the plaintiff forthwith at the pretrial hearing.
(4) A defendant who is represented by counsel at the pretrial
hearing may be asked to stipulate to holding the trial on the date
set for the pretrial hearing where the court has advised the
defendant of the following in the summons: (1) that the court may
ask the defendant to stipulate to holding the trial on the same date
as the pretrial hearing if the defendant is represented by counsel;
(2) that he or she has the right to post a deposit and have the trial
set at a later date if the court determines that a deposit is
required at the pretrial hearing; (3) that if the deposit is not
made, judgment for possession can only be entered against the
defendant, and (4) that if trial is held, judgments for money and
possession can be entered against the defendant.
In no case shall the trial be held on the same date selected for
the pretrial hearing unless the defendant is represented by counsel
and has been given notice as provided in paragraph (4). These
provisions are nonwaivable.
(d) No deposit of prospective rent as defined in this section
shall be required if the defendant has paid, or deposited with the
court, all rent through the month in which the action is filed. No
deposit of rent pursuant to this section shall be required if the
action involves premises as to which, as of the date the complaint
was filed, there was an outstanding citation issued by a state or
local government agency for violations of law pertaining to health,
safety, housing, building, or fire standards.
(e) "Prospective rent," for purposes of this section, means up to
15 days' prospective rent not to exceed five hundred dollars ($500).
The prospective rent shall be calculated on a prorated basis
utilizing a 30-day rental period and the lowest monthly rent charged
for the premises during the prior six months of the defendant's
occupancy. Any deposit made by the defendant pursuant to this
section shall be deposited with the clerk, by cash, cashier's check,
or money order made payable to the clerk. Receipt of the deposit
shall be acknowledged in writing and deposited and retained by the
clerk pursuant to Section 24353 of the Government Code until further
order of the court. The receipt and amount of a deposit of
prospective rent shall be included in the order of the court at the
conclusion of the pretrial hearing.
(f) If at trial the court determines that a breach of the warranty
of habitability has occurred, that the defendant, or his or her
guests or invitees did not cause the breach of this warranty, that
the breach of this warranty is sufficient to diminish the value of
the premises in an amount greater than 60 percent of the contract
rent, and that the defendant had given the owner notice to repair or
eliminate the breach, the court shall order the entire amount of
prospective rent deposited by the defendant pursuant to this section
returned to the defendant. In this case, the obligation of payment
of past rent for the period covered by the eviction notice shall be
extinguished. In order to remain in the premises, the defendant
shall pay the reduced rent from the time of trial until the defect is
cured. The rights and remedies in this paragraph are in addition to
any other rights and remedies relating to the habitability of
dwelling units.
(g) Notwithstanding paragraph (1) of subdivision (c), any deposit
made by the defendant pursuant to this section shall be awarded to
the party entitled thereto by the trial court. The defendant shall be
given credit to the extent of the deposit against any money judgment
ordered against the defendant in a subsequent action.
(h) This section does not apply to actions for possession of a
mobilehome or manufactured home, as those terms are defined in
subdivision (a) of Section 1161a, and does not apply to actions for
possession of real property in a mobilehome park subject to the
Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798)
of Title 2 of Part 2 of Division 2 of the Civil Code), or to a
manufactured housing community, as defined in Section 18801 of the
Health and Safety Code.
(i) Section 473 shall apply to this section.
(j) This section shall become inoperative on December 31, 1998,
and shall be repealed on July 1, 1999, unless a later enacted
statute, which is enacted before July 1, 1999, deletes or extends
that date.
SEC. 120. Section 1171 of the Code of Civil Procedure is amended
to read:
1171. Whenever an issue of fact is presented by the pleadings, it
must be tried by a jury, unless such jury be waived as in other
cases. The jury shall be formed in the same manner as other trial
juries in an action of the same jurisdictional classification in the
Court in which the action is pending.
SEC. 121. Section 1206 of the Code of Civil Procedure is amended
to read:
1206. Upon the levy under a writ of attachment or execution not
founded upon a claim for labor, any miner, mechanic, salesman,
servant, clerk, laborer or other person who has performed work or
rendered personal services for the defendant within 90 days prior to
the levy may file a verified statement of the claim therefor with the
officer executing the writ, file a copy thereof with the court that
issued the writ, and give copies thereof, containing his or her
address, to the plaintiff and the defendant, or any attorney, clerk
or agent representing them, or mail copies to them by registered mail
at their last known address, return of which by the post office
undelivered shall be deemed a sufficient service if no better address
is available, and that claim, not exceeding nine hundred dollars
($900), unless disputed, must be paid by the officer, immediately
upon the expiration of the time for dispute of the claim as
prescribed in Section 1207, from the proceeds of the levy remaining
in the officer's hands at the time of the filing of the statement or
collectible by the officer on the basis of the writ.
The court issuing the writ must make a notation on its docket of
every preferred labor claim of which it receives a copy and must
endorse on any writ of execution or abstract of judgment issued
subsequently in the case that it is issued subject to the rights of a
preferred labor claimant or claimants thereunder and giving the
names and amounts of all preferred labor claims of which it has
notice. In levying under any writ of execution the officer making
the levy shall include in the amount due under the execution any and
all preferred labor claims that have been filed in the action and of
which the officer has notice, except any claims that may have been
finally disallowed by the court under the procedure provided for
herein and of which disallowance the officer has actual notice. The
amount due on preferred labor claims that have not been finally
disallowed by the court shall be considered a part of the sum due
under any writ of attachment or execution in augmentation of the
amount thereof and it shall be the duty of any person, firm,
association or corporation on whom a writ of attachment or execution
is levied to immediately pay to the levying officer the amount of the
preferred labor claims, out of any money belonging to the defendant
in the action, before paying the principal sum called for in the
writ.
If any claim is disputed within the time, and in the manner
prescribed in Section 1207, and a copy of the dispute is mailed by
registered mail to the claimant or the claimant's attorney at the
address given in the statement of claim and the registry receipt is
attached to the original of the dispute when it is filed with the
levying officer, or is handed to the claimant or the claimant's
attorney, the claimant, or the claimant's assignee, must within 10
days after the copy is deposited in the mail or is handed to the
claimant or the claimant's attorney petition the court having
jurisdiction of the action on which the writ is based, for a hearing
before it to determine the claim for priority, or the claim to
priority is barred. If more than one attachment or execution is
involved, the petition shall be filed in the court having
jurisdiction over the senior attachment or execution. The hearing
shall be held within 20 days from the filing of the petition unless
the court continues it for good cause. Ten days' notice of the
hearing shall be given by the petitioner to the plaintiff and the
defendant, and to all parties claiming an interest in the property,
or their attorneys. The notice may be informal and need specify
merely the name of the court, names of the principal parties to the
senior attachment or execution and name of the wage claimant or
claimants on whose behalf it is filed but shall specify that the
hearing is for the purpose of determining the claim for priority.
The plaintiff or the defendant, or any other party claiming an
interest may contest the amount or validity of the claim in spite of
any confession of judgment or failure to appear or to contest the
claim on the part of any other person.
There shall be no cost for filing or hearing the petition and the
hearing on the petition shall be informal but all parties testifying
must be sworn. Any claimant may appear on the claimant's own behalf
at the hearing and may call and examine witnesses to substantiate his
or her claim. An appeal may be taken from a judgment in a
proceeding under this section in the manner provided for appeals from
judgments of the court where the proceeding is had, in an action of
the same jurisdictional classification.
The officer shall retain in possession until the determination of
the claim for priority so much of the proceeds of the writ as may be
necessary to satisfy the claim, and if the claim for priority is
allowed, the officer shall pay the amount due, including the claimant'
s cost of suit, from such proceeds, immediately after the order
allowing the claim becomes final.
SEC. 122. Section 1281.5 of the Code of Civil Procedure is amended
to read:
1281.5. (a) Any person who proceeds to record and enforce a claim
of lien by commencement of an action pursuant to Title 15
(commencing with Section 3082) of Part 4 of Division 3 of the Civil
Code, shall not thereby waive any right of arbitration which that
person may have pursuant to a written agreement to arbitrate, if, in
filing an action to enforce the claim of lien, the claimant at the
same time presents to the court an application that the action be
stayed pending the arbitration of any issue, question, or dispute
which is claimed to be arbitrable under the agreement and which is
relevant to the action to enforce the claim of lien. In a county in
which there is a municipal court, the applicant may join with the
application for the stay, pending arbitration, a claim of lien
otherwise within the jurisdiction of the municipal court.
(b) The failure of a defendant to file a petition pursuant to
Section 1281.2 at or before the time he or she answers the complaint
filed pursuant to subdivision (a) shall constitute a waiver of that
party's right to compel arbitration.
SEC. 123. Section 1283.05 of the Code of Civil Procedure is
amended to read:
1283.05. To the extent provided in Section 1283.1 depositions may
be taken and discovery obtained in arbitration proceedings as
follows:
(a)
After the appointment of the arbitrator or arbitrators, the parties
to the arbitration shall have the right to take depositions and to
obtain discovery regarding the subject matter of the arbitration,
and, to that end, to use and exercise all of the same rights,
remedies, and procedures, and be subject to all of the same duties,
liabilities, and obligations in the arbitration with respect to the
subject matter thereof, as provided in Chapter 2 (commencing with
Section 1985) of, and Article 3 (commencing with Section 2016) of
Chapter 3 of, Title 3 of Part 4 of this code, as if the subject
matter of the arbitration were pending before a superior court of
this state in a civil action other than a limited civil case, subject
to the limitations as to depositions set forth in subdivision (e) of
this section.
(b) The arbitrator or arbitrators themselves shall have power, in
addition to the power of determining the merits of the arbitration,
to enforce the rights, remedies, procedures, duties, liabilities, and
obligations of discovery by the imposition of the same terms,
conditions, consequences, liabilities, sanctions, and penalties as
can be or may be imposed in like circumstances in a civil action by a
superior court of this state under the provisions of this code,
except the power to order the arrest or imprisonment of a person.
(c) The arbitrator or arbitrators may consider, determine, and
make such orders imposing such terms, conditions, consequences,
liabilities, sanctions, and penalties, whenever necessary or
appropriate at any time or stage in the course of the arbitration,
and such orders shall be as conclusive, final, and enforceable as an
arbitration award on the merits, if the making of any such order that
is equivalent to an award or correction of an award is subject to
the same conditions, if any, as are applicable to the making of an
award or correction of an award.
(d) For the purpose of enforcing the duty to make discovery, to
produce evidence or information, including books and records, and to
produce persons to testify at a deposition or at a hearing, and to
impose terms, conditions, consequences, liabilities, sanctions, and
penalties upon a party for violation of any such duty, such party
shall be deemed to include every affiliate of such party as defined
in this section. For such purpose:
(1) The personnel of every such affiliate shall be deemed to be
the officers, directors, managing agents, agents, and employees of
such party to the same degree as each of them, respectively, bears
such status to such affiliate; and
(2) The files, books, and records of every such affiliate shall be
deemed to be in the possession and control of, and capable of
production by, such party. As used in this section, "affiliate" of
the party to the arbitration means and includes any party or person
for whose immediate benefit the action or proceeding is prosecuted or
defended, or an officer, director, superintendent, member, agent,
employee, or managing agent of such party or person.
(e) Depositions for discovery shall not be taken unless leave to
do so is first granted by the arbitrator or arbitrators.
SEC. 124. Section 1287.4 of the Code of Civil Procedure is amended
to read:
1287.4. If an award is confirmed, judgment shall be entered in
conformity therewith. The judgment so entered has the same force and
effect as, and is subject to all the provisions of law relating to,
a judgment in a civil action of the same jurisdictional
classification; and it may be enforced like any other judgment of the
court in which it is entered, in an action of the same
jurisdictional classification.
SEC. 125. Section 1710.20 of the Code of Civil Procedure is
amended to read:
1710.20. (a) In a county in which there is a municipal court, the
application shall be filed in a municipal court in all cases in
which the sister state judgment amounts to twenty-five thousand
dollars ($25,000) or less. The application shall be filed in a
superior court in all other cases.
(b) Subject to the power of the court to transfer proceedings
under this chapter pursuant to Title 4 (commencing with Section 392)
of Part 2, the proper county for the filing of an application is any
of the following:
(1) The county in which any judgment debtor resides.
(2) If no judgment debtor is a resident, any county in this state.
(c) A case in which the sister state judgment amounts to
twenty-five thousand dollars ($25,000) or less is a limited civil
case.
SEC. 126. Section 1775.1 of the Code of Civil Procedure is amended
to read:
1775.1. (a) As used in this title:
(1) "Court" means a superior court or municipal court.
(2) "Mediation" means a process in which a neutral person or
persons facilitate communication between the disputants to assist
them in reaching a mutually acceptable agreement.
(b) Unless otherwise specified in this title or ordered by the
court, any act to be performed by a party may also be performed by
his or her counsel of record.
SEC. 127. Section 2015.3 of the Code of Civil Procedure is amended
to read:
2015.3. The certificate of a sheriff, marshal, or the clerk of
the superior or municipal court, has the same force and effect as his
or her affidavit.
SEC. 128. Section 44944 of the Education Code is amended to read:
44944. (a) In a dismissal or suspension proceeding initiated
pursuant to Section 44934, if a hearing is requested by the employee,
the hearing shall be commenced within 60 days from the date of the
employee's demand for a hearing. The hearing shall be initiated,
conducted, and a decision made in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code. However, the hearing date shall be established
after consultation with the employee and the governing board, or
their representatives, and the Commission on Professional Competence
shall have all the power granted to an agency in that chapter, except
that the right of discovery of the parties shall not be limited to
those matters set forth in Section 11507.6 of the Government Code but
shall include the rights and duties of any party in a civil action
brought in a superior court under Article 3 (commencing with Section
2016) of Chapter 3 of Title 4 of Part 4 of the Code of Civil
Procedure. Notwithstanding any provision to the contrary, and except
for the taking of oral depositions, no discovery shall occur later
than 30 calendar days after the employee is served with a copy of the
accusation pursuant to Section 11505 of the Government Code. In all
cases, discovery shall be completed prior to seven calendar days
before the date upon which the hearing commences. If any continuance
is granted pursuant to Section 11524 of the Government Code, the
time limitation for commencement of the hearing as provided in this
subdivision shall be extended for a period of time equal to such
continuance. However, the extension shall not include that period of
time attributable to an unlawful refusal by either party to allow
the discovery provided for in this section.
If the right of discovery granted under the preceding paragraph is
denied by either the employee or the governing board, all the
remedies in Section 2034 of the Code of Civil Procedure shall be
available to the party seeking discovery and the court of proper
jurisdiction, to entertain his or her motion, shall be the superior
court of the county in which the hearing will be held.
The time periods in this section and of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code and of Article 3 (commencing with Section 2016) of Chapter 3 of
Title 3 of Part 4 of the Code of Civil Procedure shall not be applied
so as to deny discovery in a hearing conducted pursuant to this
section.
The superior court of the county in which the hearing will be held
may, upon motion of the party seeking discovery, suspend the hearing
so as to comply with the requirement of the preceding paragraph.
No witness shall be permitted to testify at the hearing except
upon oath or affirmation. No testimony shall be given or evidence
introduced relating to matters which occurred more than four years
prior to the date of the filing of the notice. Evidence of records
regularly kept by the governing board concerning the employee may be
introduced, but no decision relating to the dismissal or suspension
of any employee shall be made based on charges or evidence of any
nature relating to matters occurring more than four years prior to
the filing of the notice.
(b) The hearing provided for in this section shall be conducted by
a Commission on Professional Competence. One member of the
commission shall be selected by the employee, one member shall be
selected by the governing board, and one member shall be an
administrative law judge of the Office of Administrative Hearings who
shall be chairperson and a voting member of the commission and shall
be responsible for assuring that the legal rights of the parties are
protected at the hearing. If either the governing board or the
employee for any reason fails to select a commission member at least
seven calendar days prior to the date of the hearing, the failure
shall constitute a waiver of the right to selection, and the county
board of education or its specific designee shall immediately make
the selection. When the county board of education is also the
governing board of the school district or has by statute been granted
the powers of a governing board, the selection shall be made by the
Superintendent of Public Instruction, who shall be reimbursed by the
school district for all costs incident to the selection.
The member selected by the governing board and the member selected
by the employee shall not be related to the employee and shall not
be employees of the district initiating the dismissal or suspension
and shall hold a currently valid credential and have at least five
years' experience within the past 10 years in the discipline of the
employee.
(c) The decision of the Commission on Professional Competence
shall be made by a majority vote, and the commission shall prepare a
written decision containing findings of fact, determinations of
issues, and a disposition which shall be, solely:
(1) That the employee should be dismissed.
(2) That the employee should be suspended for a specific period of
time without pay.
(3) That the employee should not be dismissed or suspended.
The decision of the Commission on Professional Competence that the
employee should not be dismissed or suspended shall not be based on
nonsubstantive procedural errors committed by the school district or
governing board unless the errors are prejudicial errors.
The commission shall not have the power to dispose of the charge
of dismissal by imposing probation or other alternative sanctions.
The imposition of suspension pursuant to paragraph (2) shall be
available only in a suspension proceeding authorized pursuant to
subdivision (b) of Section 44932 or Section 44933.
The decision of the Commission on Professional Competence shall be
deemed to be the final decision of the governing board.
The board may adopt from time to time such rules and procedures
not inconsistent with provisions of this section as may be necessary
to effectuate this section.
The governing board and the employee shall have the right to be
represented by counsel.
(d) (1) If the member selected by the governing board or the
member selected by the employee is employed by any school district in
this state the member shall, during any service on a Commission on
Professional Competence, continue to receive salary, fringe benefits,
accumulated sick leave, and other leaves and benefits from the
district in which the member is employed, but shall receive no
additional compensation or honorariums for service on the commission.
(2) If service on a Commission on Professional Competence occurs
during summer recess or vacation periods, the member shall receive
compensation proportionate to that received during the current or
immediately preceding contract period from the member's employing
district, whichever amount is greater.
(e) If the Commission on Professional Competence determines that
the employee should be dismissed or suspended, the governing board
and the employee shall share equally the expenses of the hearing,
including the cost of the administrative law judge. The state shall
pay any costs incurred under paragraph (2) of subdivision (d), the
reasonable expenses, as determined by the administrative law judge,
of the member selected by the governing board and the member selected
by the employee, including, but not limited to payments or
obligations incurred for travel, meals, and lodging, and the cost of
the substitute or substitutes, if any, for the member selected by the
governing board and the member selected by the employee. The
Controller shall pay all claims submitted pursuant to this paragraph
from the General Fund, and may prescribe reasonable rules,
regulations, and forms for the submission of the claims. The
employee and the governing board shall pay their own attorney fees.
If the Commission on Professional Competence determines that the
employee should not be dismissed or suspended, the governing board
shall pay the expenses of the hearing, including the cost of the
administrative law judge, any costs incurred under paragraph (2) of
subdivision (d), the reasonable expenses, as determined by the
administrative law judge, of the member selected by the governing
board and the member selected by the employee, including, but not
limited to, payments or obligations incurred for travel, meals, and
lodging, the cost of the substitute or substitutes, if any, for the
member selected by the governing board and the member selected by the
employee, and reasonable attorney fees incurred by the employee.
As used in this section, "reasonable expenses" shall not be deemed
"compensation" within the meaning of subdivision (d).
If either the governing board or the employee petitions a court of
competent jurisdiction for review of the decision of the commission,
the payment of expenses to members of the commission required by
this subdivision shall not be stayed.
In the event that the decision of the commission is finally
reversed or vacated by a court of competent jurisdiction, then either
the state, having paid the commission members' expenses, shall be
entitled to reimbursement from the governing board for those
expenses, or the governing board, having paid the expenses, shall be
entitled to reimbursement from the state.
Additionally, either the employee, having paid a portion of the
expenses of the hearing, including the cost of the administrative law
judge, shall be entitled to reimbursement from the governing board
for the expenses, or the governing board, having paid its portion and
the employee's portion of the expenses of the hearing, including the
cost of the administrative law judge, shall be entitled to
reimbursement from the employee for that portion of the expenses.
(f) The hearing provided for in this section shall be conducted in
a place selected by agreement among the members of the commission.
In the absence of agreement, the place shall be selected by the
administrative law judge.
SEC. 129. Section 45312 of the Education Code is amended to read:
45312. The commission may authorize a hearing officer or other
representative to conduct any hearing or investigation which the
commission itself is authorized by this article to conduct. Any such
authorized person conducting such hearing or investigation may
administer oaths, subpoena and require the attendance of witnesses
and the production of books or papers, and cause the depositions of
witnesses to be taken in the manner prescribed by law for like
depositions in civil cases in the superior court of this state under
Article 3 (commencing with Section 2016) of Chapter 3 of Title 4 of
Part 4 of the Code of Civil Procedure. The commission may instruct
such authorized representative to present findings or
recommendations. The commission may accept, reject or amend any of
the findings or recommendations of the said authorized
representative. Any rejection or amendment of findings or
recommendations shall be based either on a review of the transcript
of the hearing or investigation or upon the results of such
supplementary hearing or investigation as the commission may order.
The commission may employ by contract or as professional experts
or otherwise any such hearing officers or other representatives and
may adopt and amend such rules and procedures as may be necessary to
effectuate this section.
SEC. 130. Section 48294 of the Education Code is amended to read:
48294. All fines paid as penalties for the violation of any of
the provisions of this chapter shall, when collected or received, be
paid over by the court or officer receiving them to the treasurer of
the city, county, or city and county, in which the offense was
committed, to be placed to the credit of the school fund of the
school district in which the offense was committed. Such moneys
shall be used to support the activities of the school attendance
review board prescribed by Section 48291 and the parent education and
counseling program prescribed by Section 48293.
SEC. 131. Section 48295 of the Education Code is amended to read:
48295. Any judge of a municipal court, in the judicial district
in which the school district is located, or in which the offense is
committed, or judge of the superior court in a county in which there
is no municipal court, has jurisdiction of offenses committed under
this article. A juvenile court has jurisdiction of a violation of
Section 48293 as provided by Section 601.4 of the Welfare and
Institutions Code.
SEC. 132. Section 87675 of the Education Code is amended to read:
87675. The arbitrator shall conduct proceedings in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code, except that the right of
discovery of the parties shall not be limited to those matters set
forth in Section 11507.6 of the Government Code but shall include the
rights and duties of any party in a civil action brought in a
superior court under Article 3 (commencing with Section 2016) of
Chapter 3 of Title 4 of Part 4 of the Code of Civil Procedure. In
all cases, discovery shall be completed prior to one week before the
date set for hearing. The arbitrator shall determine whether there
is cause to dismiss or penalize the employee. If the arbitrator
finds cause, the arbitrator shall determine whether the employee
shall be dismissed, the precise penalty to be imposed, and whether
the decision should be imposed immediately or postponed pursuant to
Section 87672.
No witness shall be permitted to testify at the hearing except
upon oath or affirmation. No testimony shall be given or evidence
introduced relating to matters that occurred more than four years
prior to the date of the filing of the notice. Evidence of records
regularly kept by the governing board concerning the employee may be
introduced, but no decision relating to the dismissal or suspension
of any employee shall be made based on charges or evidence of any
nature relating to matters occurring more than four years prior to
the filing of the notice.
SEC. 133. Section 87679 of the Education Code is amended to read:
87679. The administrative law judge shall conduct proceedings in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, except that the
right of discovery of the parties shall not be limited to those
matters set forth in Section 11507.6 of the Government Code but shall
include the rights and duties of any party in a civil action brought
in a superior court under Article 3 (commencing with Section 2016)
of Chapter 3 of Title 4 of Part 4 of the Code of Civil Procedure. In
all cases, discovery shall be completed prior to one week before the
date set for hearing. The written notice delivered to the employee
pursuant to Section 87672 shall be deemed an accusation. The written
objection of the employee delivered pursuant to Section 87673 shall
be deemed the notice of defense.
SEC. 134. Section 88131 of the Education Code is amended to read:
88131. The commission may authorize a hearing officer or other
representative to conduct any hearing or investigation which the
commission itself is authorized by this article to conduct. Any such
authorized person conducting such hearing or investigation may
administer oaths, subpoena and require the attendance of witnesses
and the production of books or papers, and cause the depositions of
witnesses to be taken in the manner prescribed by law for like
depositions in civil cases in the superior court of this state under
Article 3 (commencing with Section 2016) of Chapter 3 of Title 4 of
Part 4 of the Code of Civil Procedure. The commission may instruct
such authorized representative to present findings or
recommendations. The commission may accept, reject or amend any of
the findings or recommendations of the said authorized
representative. Any rejection or amendment of findings or
recommendations shall be based either on a review of the transcript
of the hearing or investigation or upon the results of such
supplementary hearing or investigation as the commission may order.
The commission may employ by contract or as professional experts
or otherwise any such hearing officers or other representatives and
may adopt and amend such rules and procedures as may be necessary to
effectuate this section.
SEC. 135. Section 325 of the Elections Code is amended to read:
325. "Judicial district" includes a municipal court district.
SEC. 136. Section 327 of the Elections Code is amended to read:
327. "Judicial officer" means any Justice of the Supreme Court,
justice of a court of appeal, judge of the superior court, or judge
of a municipal court.
SEC. 137. Section 8203 of the Elections Code is amended to read:
8203. In any county or any judicial district in which only the
incumbent has filed nomination papers for the office of superior
court judge or municipal court judge, his or her name shall not
appear on the ballot unless there is filed with the elections
official, within 10 days after the final date for filing nomination
papers for the office, a petition indicating that a write-in campaign
will be conducted for the office and signed by 100 registered voters
qualified to vote with respect to the office.
If a petition indicating that a write-in campaign will be
conducted for the office at the general election, signed by 100
registered voters qualified to vote with respect to the office, is
filed with the elections official not less than 83 days before the
general election, the name of the incumbent shall be placed on the
general election ballot if it has not appeared on the direct primary
election ballot.
If, in conformity with this section, the name of the incumbent
does not appear either on the primary ballot or general election
ballot, the elections official, on the day of the general election,
shall declare the incumbent reelected. Certificates of election
specified in Section 15401 or 15504 shall not be issued to a person
reelected pursuant to this section before the day of the general
election.
SEC. 138. Section 13107 of the Elections Code is amended to read:
13107. (a) With the exception of candidates for Justice of the
State Supreme Court or court of appeal, immediately under the name of
each candidate, and not separated from the name by any line, may
appear at the option of the candidate only one of the following
designations:
(1) Words designating the elective city, county, district, state,
or federal office which the candidate holds at the time of filing the
nomination documents to which he or she was elected by vote of the
people, or to which he or she was appointed, in the case of a
superior or municipal court judge.
(2) The word "incumbent" if the candidate is a candidate for the
same office which he or she holds at the time of filing the
nomination papers, and was elected to that office by a vote of the
people, or, in the case of a superior or municipal court judge, was
appointed to that office.
(3) No more than three words designating either the current
principal professions, vocations, or occupations of the candidate, or
the principal professions, vocations, or occupations of the
candidate during the calendar year immediately preceding the filing
of nomination documents. For purposes of this section, all
California geographical names shall be considered to be one word.
(4) The phrase "appointed incumbent" if the candidate holds an
office other than a judicial office by virtue of appointment, and the
candidate is a candidate for election to the same office, or, if the
candidate is a candidate for election to the same office or to some
other office, the word "appointed" and the title of the office. In
either instance, the candidate may not use the unmodified word
"incumbent" or any words designating the office unmodified by the
word "appointed." However, the phrase "appointed incumbent" shall
not be required of a candidate who seeks reelection to an office
which he or she holds and to which he or she was appointed, as a
nominated candidate, in lieu of an election, pursuant to Sections
5326 and 5328 of the Education Code or Section 7228, 7423, 7673,
10229, or 10515 of this code.
(b) Neither the Secretary of State nor any other election official
shall accept a designation of which any of the following would be
true:
(1) It would mislead the voter.
(2) It would suggest an evaluation of a candidate, such as
outstanding, leading, expert, virtuous, or eminent.
(3) It abbreviates the word "retired" or places it following any
word or words which it modifies.
(4) It uses a word or prefix, such as "former" or "ex-," which
means a prior status. The only exception is the use of the word
"retired."
(5) It uses the name of any political party, whether or not it has
qualified for the ballot.
(6) It uses a word or words referring to a racial, religious, or
ethnic group.
(7) It refers to any activity prohibited by law.
(c) If, upon checking the nomination documents, the election
official finds the designation to be in violation of any of the
restrictions set forth in this section, the election official shall
notify the candidate by registered
or certified mail return receipt requested, addressed to the
mailing address appearing on the candidate's nomination documents.
(1) The candidate shall, within three days from the date of
receipt of the notice, appear before the election officer or, in the
case of the Secretary of State, notify the Secretary of State by
telephone, and provide an alternate designation.
(2) In the event the candidate fails to provide an alternate
designation, no designation shall appear after the candidate's name.
(d) No designation given by a candidate shall be changed by the
candidate after the final date for filing nomination documents,
except as specifically requested by the elections official as
specified in subdivision (c) or as provided in subdivision (e).
(e) The designation shall remain the same for all purposes of both
primary and general elections, unless the candidate, at least 98
days prior to the general election, requests in writing a different
designation which the candidate is entitled to use at the time of the
request.
(f) In all cases, words so used shall be printed in 8-point roman
uppercase and lowercase type except that, if the designation selected
is so long that it would conflict with the space requirements of
Sections 13207 and 13211, the elections official shall use a type
size for the designation for each candidate for that office
sufficiently smaller to meet these requirements.
(g) Whenever a foreign language translation of a candidate's
designation is required under the Voting Rights Act of 1965 (42
U.S.C.A. Sec. 1971), as amended, to appear on the ballot in addition
to the English language version, it shall be as short as possible, as
consistent as is practicable with this section, and shall employ
abbreviations and initials wherever possible in order to avoid undue
length.
SEC. 139. Section 13109 of the Elections Code is amended to read:
13109. The order of precedence of offices on the ballot shall be
as listed below for those offices and measures that apply to the
election for which this ballot is provided. Beginning in the column
to the left:
(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
Nominees of the qualified political parties and independent
nominees for President and Vice President.
(b) Under the heading, PRESIDENT OF THE UNITED STATES:
(1) Names of the presidential candidates to whom the delegates are
pledged.
(2) Names of the chairpersons of unpledged delegations.
(c) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(d) Under the heading, UNITED STATES SENATOR:
Candidates or nominees to the United States Senate.
(e) Under the heading, UNITED STATES REPRESENTATIVE:
Candidates or nominees to the House of Representatives of the
United States.
(f) Under the heading, STATE SENATOR:
Candidates or nominees to the State Senate.
(g) Under the heading, MEMBER OF THE STATE ASSEMBLY:
Candidates or nominees to the Assembly.
(h) Under the heading, COUNTY COMMITTEE:
Members of the County Central Committee.
(i) Under the heading, JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Justice, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(5) Judge of the Superior Court.
(6) Judge of the Municipal Court.
(7) Marshal.
(j) Under the heading, SCHOOL:
(1) Superintendent of Public Instruction.
(2) County Superintendent of Schools.
(3) County Board of Education Members.
(4) College District Governing Board Members.
(5) Unified District Governing Board Members.
(6) High School District Governing Board Members.
(7) Elementary District Governing Board Members.
(k) Under the heading, COUNTY:
(1) County Supervisor.
(2) Other offices in alphabetical order by the title of the
office.
(l) Under the heading, CITY:
(1) Mayor.
(2) Member, City Council.
(3) Other offices in alphabetical order by the title of the
office.
(m) Under the heading, DISTRICT:
Directors or trustees for each district in alphabetical order
according to the name of the district.
(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS and the
appropriate heading from subdivisions (a) through (m), above, ballot
measures in the order, state through district shown above, and within
each jurisdiction, in the order prescribed by the official
certifying them for the ballot.
(o) In order to allow for the most efficient use of space on the
ballot in counties that use a voting system, as defined in Section
362, the county elections official may vary the order of subdivisions
(j), (k), (l), (m), and (n) as well as the order of offices within
these subdivisions. However, the office of Superintendent of Public
Instruction shall always precede any school, county, or city office,
and state measures shall always precede local measures.
SEC. 140. Section 13111 of the Elections Code is amended to read:
13111. Candidates for each office shall be printed on the ballot
in accordance with the following rules:
(a) The names of presidential candidates to whom candidates for
delegate to the national convention are pledged, and the names of
chairpersons of groups of candidates for delegate expressing no
preference, shall be arranged on the primary election ballot by the
Secretary of State by the names of the candidates in accordance with
the randomized alphabet as provided for in Section 13112 in the case
of the ballots for the First Assembly District. Thereafter, for each
succeeding Assembly district, the name appearing first in the last
preceding Assembly district shall be placed last, the order of the
other names remaining unchanged.
(b) The names of the pairs of candidates for President and Vice
President shall be arranged on the general election ballot by the
Secretary of State by the names of the candidates for President in
accordance with the randomized alphabet as provided for in Section
13112 in the case of the ballots for the First Assembly District.
Thereafter, for each succeeding Assembly district, the pair appearing
first in the last preceding Assembly district shall be placed last,
the order of the other pairs remaining unchanged.
(c) In the case of all other offices, the candidates for which are
to be voted on throughout the state, the Secretary of State shall
arrange the names of the candidates for the office in accordance with
the randomized alphabet as provided for in Section 13112 for the
First Assembly District. Thereafter, for each succeeding Assembly
district, the name appearing first in the last preceding Assembly
district shall be placed last, the order of the other names remaining
unchanged.
(d) If the office is that of Representative in Congress or member
of the State Board of Equalization, the Secretary of State shall
arrange the names of candidates for the office in accordance with the
randomized alphabet as provided for in Section 13112 for that
Assembly district that has the lowest number of all the Assembly
districts in which candidates are to be voted on. Thereafter, for
each succeeding Assembly district in which the candidates are to be
voted on, the names appearing first in the last preceding Assembly
district shall be placed last, the order of the other names remaining
unchanged.
(e) If the office is that of State Senator or Member of the
Assembly, the county elections official shall arrange the names of
the candidates for the office in accordance with the randomized
alphabet as provided for in Section 13112, unless the district
encompasses more than one county, in which case the arrangement shall
be made pursuant to subdivision (i).
(f) If the office is to be voted upon wholly within, but not
throughout, one county, as in the case of municipal, district, county
supervisor, municipal court, and county central committee offices,
the official responsible for conducting the election shall determine
the order of names in accordance with the randomized alphabet as
provided for in Section 13112.
(g) If the office is to be voted on throughout a single county,
and there are not more than four Assembly districts wholly or partly
in the county, the county elections official shall determine the
order of names in accordance with the randomized alphabet as provided
for in Section 13112 for the first supervisorial district.
Thereafter, for each succeeding supervisorial district, the name
appearing first for each office in the last preceding supervisorial
district shall be placed last, the order of the other names remaining
unchanged.
(h) If there are five or more Assembly districts wholly or partly
in the county, an identical procedure shall be followed, except that
rotation shall be by Assembly district, commencing with the Assembly
district which has the lowest number.
(i) Except as provided in subdivision (d) of Section 13112, if the
office is that of State Senator or Member of the Assembly, and the
district includes more than one county, the county elections official
in each county shall conduct a drawing of the letters of the
alphabet, pursuant to the same procedures specified in Section 13112.
The results of the drawing shall be known as a county randomized
ballot and shall be used only to arrange the names of the candidates
when the district includes more than one county.
(j) If the office is that of Justice of the California Supreme
Court or a Court of Appeal, the appropriate elections officials shall
arrange the names of the candidates for the office in accordance
with the randomized alphabet as provided for in Section 13112.
However, the names of the judicial candidates shall not be rotated
among the applicable districts.
SEC. 141. Section 300 of the Evidence Code is amended to read:
300. Except as otherwise provided by statute, this code applies
in every action before the Supreme Court or a court of appeal,
superior court, or municipal court, including proceedings in such
actions conducted by a referee, court commissioner, or similar
officer, but does not apply in grand jury proceedings.
SEC. 142. Section 400 of the Family Code is amended to read:
400. Marriage may be solemnized by any of the following who is of
the age of 18 years or older:
(a) A priest, minister, or rabbi of any religious denomination.
(b) A judge or retired judge, commissioner of civil marriages or
retired commissioner of civil marriages, commissioner or retired
commissioner, or assistant commissioner of a court of record in this
state.
(c) A judge or magistrate who has resigned from office.
(d) Any of the following judges or magistrates of the United
States:
(1) A justice or retired justice of the United States Supreme
Court.
(2) A judge or retired judge of a court of appeals, a district
court, or a court created by an act of Congress the judges of which
are entitled to hold office during good behavior.
(3) A judge or retired judge of a bankruptcy court or a tax court.
(4) A United States magistrate or retired magistrate.
SEC. 143. Section 1785 of the Financial Code is amended to read:
1785. (a) If the commissioner finds that any of the factors set
forth in Section 1781 is true with respect to any foreign (other
nation) bank which is licensed to transact business in this state and
that it is necessary for the protection of the interests of the
creditors of such bank's business in this state or for the protection
of the public interest that he or she take immediate possession of
the property and business of the bank, the commissioner may by order
forthwith take possession of the property and business of the bank
and retain possession until the bank resumes business in this state
or is finally liquidated. The bank may, with the consent of the
commissioner, resume business in this state upon such conditions as
the commissioner may prescribe.
(b) (1) Whenever the commissioner takes possession of the property
and business of a foreign (other nation) bank pursuant to
subdivision (a), such bank may, within 10 days, apply to the superior
court in the county in which the primary office of the bank is
located to enjoin further proceedings. The court may, after citing
the commissioner to show cause why further proceedings should not be
enjoined and after a hearing, dismiss such application or enjoin the
commissioner from further proceedings and order him or her to
surrender the property and business of the bank to the bank or make
such further order as may be just.
(2) The judgment of the court may be appealed by the commissioner
or by the bank in the manner provided by law for appeals from the
judgment of a superior court to the court of appeal. In case the
commissioner appeals the judgment of the court, such appeal shall
operate as a stay of the judgment, and the commissioner shall not be
required to post any bond.
(c) Whenever the commissioner takes possession of the property and
business of a foreign (other nation) bank pursuant to subdivision
(a), the commissioner shall conserve or liquidate the property and
business of such bank pursuant to Articles 1 (commencing with Section
3100), 3 (commencing with Section 3160) and 6 (commencing with
Section 3220) of Chapter 17, and the provisions of such articles
(except Sections 3100, 3101, 3102, and 3126) shall apply as if the
bank were a bank organized under the laws of this state.
(d) When the commissioner has completed the liquidation of the
property and business of a foreign (other nation) bank, the
commissioner shall transfer any remaining assets to such bank in
accordance with such orders as the court may issue. However, in case
the bank has an office in another state of the United States which
is in liquidation and the assets of such office appear to be
insufficient to pay in full the creditors of the office, the court
shall order the commissioner to transfer to the liquidator of the
office such amount of any such remaining assets as appears to be
necessary to cover such insufficiency; if there are two or more such
offices and the amount of remaining assets is less than the aggregate
amount of insufficiencies with respect to the offices, the court
shall order the commissioner to distribute the remaining assets among
the liquidators of such offices in such manner as the court finds
equitable.
SEC. 143.5. Section 1785 of the Financial Code is amended to read:
1785. (a) If the commissioner finds that any of the factors set
forth in Section 1781 is true with respect to any foreign (other
nation) bank which is licensed to transact business in this state and
that it is necessary for the protection of the interests of the
accountholders or creditors of the bank's business in this state or
for the protection of the public interest that he or she take
immediate possession of the property and business of the bank, the
commissioner may by order forthwith take possession of the property
and business of the bank and retain possession until the bank resumes
business in this state or is finally liquidated. The bank may,
with the consent of the commissioner, resume business in this state
upon conditions that the commissioner may prescribe.
(b) (1) Whenever the commissioner takes possession of the property
and business of a foreign (other nation) bank pursuant to
subdivision (a), the bank may, within 10 days, apply to the superior
court in the county in which the primary office of the bank is
located to enjoin further proceedings. The court may, after citing
the commissioner to show cause why further proceedings should not be
enjoined and after a hearing, dismiss the application or enjoin the
commissioner from further proceedings and order him or her to
surrender the property and business of the bank to the bank or make
any further order that may be just.
(2) The judgment of the court may be appealed by the commissioner
or by the bank in the manner provided by law for appeals from the
judgment of a superior court to the court of appeal. If the
commissioner appeals the judgment of the court, the appeal shall
operate as a stay of the judgment, and the commissioner shall not be
required to post any bond.
(c) Whenever the commissioner takes possession of the property and
business of a foreign (other nation) bank pursuant to subdivision
(a), the commissioner shall conserve or liquidate the property and
business of the bank pursuant to Article 1 (commencing with Section
3100), Article 3 (commencing with Section 3160) and Article 6
(commencing with Section 3220) of Chapter 17, and the provisions of
those articles (except Sections 3100, 3101, 3102, and 3126) shall
apply as if the bank were a California state bank.
(d) When the commissioner has completed the liquidation of the
property and business of a foreign (other nation) bank, the
commissioner shall transfer any remaining assets to the bank in
accordance with orders that the court may issue. However, if the
bank has an office in another state of the United States which is in
liquidation and the assets of that office appear to be insufficient
to pay in full the creditors of the office, the court shall order the
commissioner to transfer to the liquidator of the office that amount
of any remaining assets that appears to be necessary to cover the
insufficiency; if there are two or more of offices of that type and
the amount of remaining assets is less than the aggregate amount of
insufficiencies with respect to those offices, the court shall order
the commissioner to distribute the remaining assets among the
liquidators of those offices in any manner as the court finds
equitable.
SEC. 144. Section 1824 of the Financial Code is amended to read:
1824. An appeal may be taken from the judgment of the court by
the commissioner or by the licensee in the manner provided by law for
appeals from the judgment of a superior court to the court of
appeal.
SEC. 145. Section 1893 of the Financial Code is amended to read:
1893. (a) If the commissioner finds that any of the factors set
forth in Section 1889 is true with respect to any licensee and that
it is necessary for the protection of the interests of purchasers or
holders of traveler's checks issued by the licensee or for the
protection of the public interest that the commissioner take
immediate possession of the property and business of the licensee,
the commissioner may by order forthwith take possession of the
property and business of the licensee and retain possession until the
licensee resumes business or is finally liquidated. The licensee
may, with the consent of the commissioner, resume business upon such
conditions as the commissioner may prescribe.
(b) Whenever the commissioner takes possession of the property and
business of a licensee pursuant to subdivision (a), the licensee
may, within 10 days, apply to the superior court in any county of
this state in which an office of the licensee is located (or, in case
the licensee has no office in this state, in the County of
Sacramento, in the City and County of San Francisco, or in the County
of Los Angeles) to enjoin further proceedings. The court may, after
citing the commissioner to show cause why further proceedings should
not be enjoined and after a hearing, dismiss the application or
enjoin the commissioner from further proceedings and order the
commissioner to surrender the property and business of the licensee
to the licensee or make such further order as may be just. The
judgment of the superior court may be appealed by the commissioner or
by the licensee in the manner provided by law for appeals from the
judgment of a superior court to the court of appeal.
(c) Whenever the commissioner takes possession of the property and
business of a licensee pursuant to subdivision (a), the
commissioner shall conserve or liquidate the property and business of
the licensee pursuant to Article 1 (commencing with Section 3100) of
Chapter 17, and the provisions of that article (except Sections
3100, 3101, and 3102) apply as if the licensee were a bank.
SEC. 146. Section 3102 of the Financial Code is amended to read:
3102. An appeal may be taken from the judgment of the court by
the commissioner or by the bank in the manner provided by law for
appeals from the judgment of a superior court to the court of appeal.
SEC. 147. Section 16154 of the Financial Code is amended to read:
16154. An appeal may be taken from the judgment of the court by
the commissioner or by the corporation in the manner provided by law
for appeals from the judgment of a superior court to the court of
appeal. An appeal from the judgment of the court shall not operate
as a stay of the judgment unless the court, on good cause, so orders.
No bond need be given if an appeal is taken by the commissioner but
if the appeal is taken by the corporation a bond shall be given as
required by Sections 917.2 and 917.5 of the Code of Civil Procedure
as condition to any stay.
SEC. 148. Section 17335 of the Financial Code is amended to read:
17335. An appeal may be taken from the judgment of the court by
the commissioner or by Fidelity Corporation in the manner provided by
law for appeals from the judgment of a superior court to the court
of appeal. An appeal from the judgment of the court does not operate
as a stay of the judgment unless the court, on good cause, so
orders. No bond need be given if the appeal is taken by the
commissioner, but if the appeal is taken by Fidelity Corporation a
bond shall be given as required by Sections 917.2 and 917.5 of the
Code of Civil Procedure as a condition to any stay.
SEC. 149. Section 18415.2 of the Financial Code is amended to
read:
18415.2. An appeal may be taken from the judgment of the court by
the commissioner or by the industrial loan company in the manner
provided by law for appeals from the judgment of a superior court to
the court of appeal.
SEC. 150. Section 18495 of the Financial Code is amended to read:
18495. An appeal may be taken from the judgment of the court by
the commissioner or by Guaranty Corporation in the manner provided by
law for appeals from the judgment of a superior court to the court
of appeal. An appeal from the judgment of the court does not operate
as a stay of the judgment unless the court, on good cause, so
orders.
SEC. 151. Section 31713 of the Financial Code is amended to read:
31713. (a) If the commissioner finds that any of the factors set
forth in Section 31709 is true with respect to any licensee and that
it is necessary for the protection of the interests of the licensee
or for the protection of the public interest that the commissioner
take immediate possession of the property and business of the
licensee, the commissioner may forthwith take possession of the
property and business of the licensee and retain possession until the
licensee resumes business or is finally liquidated. The licensee
may, with the consent of the commissioner, resume business upon such
conditions as he or she may prescribe.
(b) Whenever the commissioner takes possession of the property and
business of a licensee pursuant to subdivision (a), the licensee may
apply within 10 days to the superior court in the county in which
the head office of the licensee is located to enjoin further
proceedings. The court, after citing the commissioner to show cause
why further proceedings should not be enjoined and after a hearing,
may dismiss the application or enjoin the commissioner from further
proceedings and order the commissioner to surrender the property and
business of the licensee to the licensee or make such further order
as may be just.
(c) An appeal may be taken from the judgment of the superior court
by the commissioner or by the licensee in the manner provided by law
for appeals from the judgment of a superior court to the court of
appeal. An appeal from the judgment of the superior court shall
operate as a stay of the judgment. No bond need be given if the
appeal is taken by the commissioner, but if the appeal is taken by
the licensee, a bond shall be given as required by the Code of Civil
Procedure.
(d) Whenever the commissioner takes possession of the property and
business of a licensee pursuant to subdivision (a), the commissioner
shall conserve or liquidate the property and business of the
licensee pursuant to Article 1 (commencing with Section 3100),
Chapter 17, Division 1, and the provisions of that article (except
Sections 3100, 3101, and 3102) shall apply as if the licensee were a
bank.
SEC. 152. Section 34113 of the Financial Code is amended to read:
34113. (a) If the commissioner finds that any of the factors set
forth in Section 34109 is true with respect to any licensee and that
it is necessary for the protection of the interests of purchasers or
holders of payment instruments issued by the licensee or for the
protection of the public interest that the commissioner take
immediate possession of the property and business of the licensee,
the commissioner may by order forthwith take possession of the
property and business of the licensee and retain possession until the
licensee resumes business or is finally liquidated. The licensee
may, with the consent of the commissioner, resume business upon such
conditions as the commissioner may prescribe.
(b) Whenever the commissioner takes possession of the property and
business of a licensee pursuant to subdivision (a), the licensee
may, within 10 days, apply to the superior court in any county of
this state in which an office of the licensee is located (or, in case
the licensee has no office in this state, in the County of
Sacramento, in the City and County of San Francisco, or in the County
of Los Angeles) to enjoin further proceedings. The court may, after
citing the commissioner to show cause why further proceedings should
not be enjoined and after a hearing, dismiss the application or
enjoin the commissioner from further proceedings and order the
commissioner to surrender the property and business of the licensee
to the licensee or make such further order as may be just. The
judgment of the superior court may be appealed by the commissioner or
by the licensee in the manner provided by law for appeals from the
judgment of a superior court to the court of appeal.
(c) Whenever the commissioner takes possession of the property and
business of a licensee pursuant to subdivision (a), the commissioner
shall conserve or liquidate the
property and business of the licensee pursuant to Article 1
(commencing with Section 3100), Chapter 17, Division 1, and the
provisions of the article (except Sections 3100, 3101, and 3102)
apply as if the licensee were a bank.
SEC. 153. Section 210 of the Fish and Game Code is amended to
read:
210. (a) The commission shall provide copies of the regulations
added, amended, or repealed pursuant to subdivision (e) of Section
206, subdivision (e) of Section 207, and subdivision (d) of Section
208 to each county clerk, each district attorney, and each judge of a
municipal court or of the superior court in a county in which there
is no municipal court, in the state.
(b) The commission and the department may do anything that is
deemed necessary and proper to publicize and distribute regulations
so that persons likely to be affected will be informed of them. The
failure of the commission to provide any notice of its regulations,
other than by filing them in accordance with Section 215, shall not
impair the validity of the regulations.
(c) The department or the license agent may give a copy of the
current applicable published regulations to each person issued a
license at the time the license is issued.
(d) Notwithstanding any other provision of law, the commission and
the department may contract with private entities to print
regulations and other regulatory and public information. Printing
contracts authorized by this subdivision and for which no state funds
are expended are not subject to Chapter 2 (commencing with Section
10290) of Part 2 of Division 2 of the Public Contract Code, except
for Article 2 (commencing with Section 10295) of Chapter 2.
SEC. 154. Section 309 of the Fish and Game Code is amended to
read:
309. The commission or any person appointed by it to conduct a
hearing may, in any investigation or hearing, cause the deposition of
witnesses, residing within or without the state, to be taken in the
manner prescribed by law for deposition in civil actions in the
superior courts of this state under Article 3 (commencing with
Section 2016) of Chapter 3 of Title 4 of Part 4 of the Code of Civil
Procedure, and may compel the attendance of witnesses and the
production of documents and papers. The commission shall adopt
regulations which afford procedural and substantive due process to
any person whose license or permit is subject to revocation or
suspension. Except upon conviction of a violation of this code or a
regulation adopted pursuant to this code relating to the licensed or
permitted activity and notwithstanding any other provision of this
code, the commission shall not revoke or suspend any license or
permit until the regulations required by this section have been
adopted and approved by the Office of Administrative Law pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
SEC. 155. Section 2357 of the Fish and Game Code is amended to
read:
2357. It is unlawful to carry trout into an area where the season
is closed unless an affidavit is made in duplicate before a notary
public in the area in which the trout are or might be lawfully taken.
Such affidavit shall state the date and place of taking such trout,
and the name, address, and number of the angling license of the
person legally taking such trout. The duplicate of the affidavit
shall be left on file with the notary public before whom the
affidavit is made.
SEC. 156. Section 4341 of the Fish and Game Code is amended to
read:
4341. Any person legally killing a deer in this state shall have
the license tag countersigned by a person employed in the department,
a person designated for this purpose by the commission, or by a
notary public, postmaster, peace officer, or an officer authorized to
administer oaths, before transporting such deer, except for the
purpose of taking it to the nearest person authorized to countersign
the license tag, on the route being followed from the point where the
deer is taken.
SEC. 157. Section 4755 of the Fish and Game Code is amended to
read:
4755. Any person legally killing a bear in this state shall have
the license tag countersigned by a fish and game commissioner, a
person employed in the department, a person designated for this
purpose by the commission, or by a notary public, postmaster, peace
officer or by an officer authorized to administer oaths, before
transporting such bear except for the purpose of taking it to the
nearest officer authorized to countersign the license tag, on the
route being followed from the point where the bear is taken.
SEC. 158. Section 5934 of the Fish and Game Code is amended to
read:
5934. The commission or any party may, in any hearing, cause the
deposition of witnesses to be taken in the manner prescribed by law
for depositions in civil actions in the superior courts of this state
under Article 3 (commencing with Section 2016) of Chapter 3 of Title
4 of Part 4 of the Code of Civil Procedure.
SEC. 159. Section 12150 of the Fish and Game Code is amended to
read:
12150. Whenever any person, while taking a bird or mammal, kills
or wounds any human being and that fact is ascertained by the
department, the department shall notify the district attorney of the
county in which the act occurred. The district attorney may
thereupon bring an action in the municipal court of the judicial
district in which the act occurred or in the superior court in a
county in which there is no municipal court for the purpose of
determining the cause of the killing or the wounding. Such
proceedings shall be conducted in the same manner as an action to try
a misdemeanor and the defendant may request that all findings of
fact shall be made by a jury. The court shall inform the defendant
of the nature of the proceedings and of the defendant's right to have
a jury.
If it is found that such person did the killing or wounding but
that it was not intentional or negligent, the court shall dismiss the
proceeding. Otherwise, if it is found that such person did the
killing or wounding intentionally, by an act of gross negligence, or
while under the influence of alcohol, the court shall issue an order
permanently prohibiting the defendant from taking any bird or mammal.
If it is found that such person was negligent, but not grossly
negligent, the court shall issue an order prohibiting the defendant
from taking any bird or mammal for a period specified at the
discretion of the court but not less than five years.
SEC. 160. Section 12151 of the Fish and Game Code is amended to
read:
12151. Whenever any person, while taking a bird or mammal, kills
or wounds any domestic animal belonging to another and that fact is
ascertained by the department, the department shall notify the
district attorney of the county in which the act occurred. The
district attorney may thereupon bring an action in the municipal
court of the judicial district in which the act occurred or in the
superior court in a county in which there is no municipal court for
the purpose of determining the cause of the killing or wounding.
Such proceedings shall be conducted in the same manner as an action
to try a misdemeanor and the defendant may request that all findings
of fact shall be made by a jury. The court shall inform the
defendant of the nature of the proceedings and of the defendant's
right to have a jury.
If it is found that such person did the killing or wounding but
that it was not intentional or negligent, the court shall dismiss the
proceeding. Otherwise, if it is found that such person did the
killing or wounding intentionally or negligently, the court shall
issue an order prohibiting the defendant from taking any bird or
mammal for a period of five years.
SEC. 161. Section 7581 of the Food and Agricultural Code is
amended to read:
7581. A proceeding pursuant to this article where the value of
the property seized amounts to twenty-five thousand dollars ($25,000)
or less is a limited civil case.
SEC. 162. Section 12647 of the Food and Agricultural Code is
amended to read:
12647. A proceeding pursuant to this article where the value of
the property seized amounts to twenty-five thousand dollars ($25,000)
or less is a limited civil case.
SEC. 163. Section 25564 of the Food and Agricultural Code is
amended to read:
25564. If the lot of poultry meat which is held is perishable or
subject to rapid deterioration, the enforcing officer may file a
verified petition in any superior or municipal court of the state to
destroy such lot or otherwise abate the nuisance. The petition shall
show the condition of the lot, that the lot is situated within the
county, that the lot is held, and that notice of noncompliance has
been served pursuant to this chapter. The court may thereupon order
that such lot be forthwith destroyed or the nuisance otherwise abated
as set forth in such order.
SEC. 164. Section 27601 of the Food and Agricultural Code is
amended to read:
27601. Upon the request of the director or an authorized
representative, the district attorney of the county in which the eggs
and their containers which are a public nuisance are found, shall
maintain, in the name of the people of the State of California, a
civil action to abate and prevent the public nuisance.
Upon judgment and by order of the court, the eggs and their
containers which are a public nuisance shall be condemned and
destroyed in the manner which is directed by the court, or
reconditioned, remarked, denatured, or otherwise processed, or
released upon the conditions as the court in its discretion may
impose to ensure that the nuisance is abated.
If the owner fails to comply with the order of the court within
the time specified in the order, the court may order disposal of the
eggs and their containers or their sale, under the terms and
conditions as the court may prescribe, by the enforcement officer, or
by the sheriff or marshal.
If the court orders the sale of any of the eggs and their
containers which can be salvaged, the costs of disposal shall be
deducted from the proceeds of sale and the balance paid into court
for the owner.
A proceeding pursuant to this chapter or any regulation adopted
pursuant to this chapter where the value of the property seized
amounts to twenty-five thousand dollars ($25,000) or less is a
limited civil case.
A public nuisance described in this section may only be abated in
any action or proceeding pursuant to the remedies provided by this
chapter. This chapter provides the exclusive source of costs and
civil penalties which may be assessed by reason of the public
nuisance against the owner of eggs and their containers which are
found to be a public nuisance.
SEC. 165. Section 29733 of the Food and Agricultural Code is
amended to read:
29733. If a packer or owner of honey, or the agent of either,
after notification to the packer, owner, or agent that the honey and
its containers are a public nuisance, refuses, or fails within a
reasonable time, to recondition or remark the honey so as to comply
with all requirements of this chapter, the honey and its containers:
(a) May be seized by the director or any enforcement officer.
(b) By order of the municipal or superior court of the county or
city within which the honey and its containers may be, shall be
condemned and destroyed, or released upon such conditions as the
court, in its discretion, may impose to insure that it will not be
packed, delivered for shipment, shipped, transported, or sold in
violation of this chapter.
SEC. 166. Section 30801 of the Food and Agricultural Code is
amended to read:
30801. (a) A board of supervisors may provide for the issuance of
serially numbered metallic dog licenses pursuant to this section.
The dog licenses shall be:
(1) Stamped with the name of the county and the year of issue.
(2) Unless the board of supervisors designates the animal control
department to issue the licenses, issued by the county clerk directly
or through judges of municipal courts or the superior court in a
county in which there is no municipal court, to owners of dogs, that
make application.
(b) The licenses shall be issued for a period of not to exceed two
years.
(c) In addition to the authority provided in subdivisions (a) and
(b), a license may be issued, as provided by this section, by a board
of supervisors for a period not to exceed three years for dogs that
have attained the age of 12 months, or older, and who have been
vaccinated against rabies. The person to whom the license is to be
issued pursuant to this subdivision may choose a license period as
established by the board of supervisors of up to one, two, or three
years. However, when issuing a license pursuant to this subdivision,
the license period shall not extend beyond the remaining period of
validity for the current rabies vaccination.
SEC. 167. Section 31503 of the Food and Agricultural Code is
amended to read:
31503. If any person sustains any loss or damage to any livestock
or poultry which is caused by a dog, or if any livestock of any
person is necessarily destroyed because of having been bitten by a
dog, the person may file a complaint with any judge of the municipal
court of the county within which the damage occurred or of the
superior court in a county in which there is no municipal court. A
proceeding under this section is a limited civil case.
SEC. 168. Section 31621 of the Food and Agricultural Code is
amended to read:
31621. If an animal control officer or a law enforcement officer
has investigated and determined that there exists probable cause to
believe that a dog is potentially dangerous or vicious, the chief
officer of the public pound or animal control department or his or
her immediate supervisor or the head of the local law enforcement
agency, or his or her designee, shall petition the municipal court
within the judicial district wherein the dog is owned or kept or the
superior court in a county in which there is no municipal court for a
hearing for the purpose of determining whether or not the dog in
question should be declared potentially dangerous or vicious. A
proceeding under this section is a limited civil case. A city or
county may establish an administrative hearing procedure to hear and
dispose of petitions filed pursuant to this chapter. Whenever
possible, any complaint received from a member of the public which
serves as the evidentiary basis for the animal control officer or law
enforcement officer to find probable cause shall be sworn to and
verified by the complainant and shall be attached to the petition.
The chief officer of the public pound or animal control department or
head of the local law enforcement agency shall notify the owner or
keeper of the dog that a hearing will be held by the municipal court,
the superior court, or the hearing entity, as the case may be, at
which time he or she may present evidence as to why the dog should
not be declared potentially dangerous or vicious. The owner or
keeper of the dog shall be served with notice of the hearing and a
copy of the petition, either personally or by first-class mail with
return receipt requested. The hearing shall be held promptly within
no less than five working days nor more than 10 working days after
service of notice upon the owner or keeper of the dog. The hearing
shall be open to the public. The court may admit into evidence all
relevant evidence, including incident reports and the affidavits of
witnesses, limit the scope of discovery, and may shorten the time to
produce records or witnesses. A jury shall not be available. The
court may find, upon a preponderance of the evidence, that the dog is
potentially dangerous or vicious and make other orders authorized by
this chapter.
SEC. 169. Section 31622 of the Food and Agricultural Code is
amended to read:
31622. (a) After the hearing conducted pursuant to Section 31621,
the owner or keeper of the dog shall be notified in writing of the
determination and orders issued, either personally or by first-class
mail postage prepaid by the court or hearing entity. If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3 (commencing
with Section 31641) in accordance with a time schedule established by
the chief officer of the public pound or animal control department
or the head of the local law enforcement agency, but in no case more
than 30 days after the date of the determination or 35 days if notice
of the determination is mailed to the owner or keeper of the dog.
If the petitioner or the owner or keeper of the dog contests the
determination, he or she may, within five days of the receipt of the
notice of determination, appeal the decision of the court or hearing
entity of original jurisdiction to a court authorized to hear the
appeal. The fee for filing an appeal shall be twenty dollars ($20),
payable to the county clerk. If the original hearing held pursuant
to Section 31621 was before a hearing entity other than a court of
the jurisdiction, appeal shall be to the municipal court or superior
court in a county in which there is no municipal court. If the
original hearing was held in the municipal court, appeal shall be to
the superior court. If the original hearing was held in the superior
court, appeal shall be to the superior court before a judge other
than the judge who originally heard the petition. The petitioner or
the owner or keeper of the dog shall serve personally or by
first-class mail, postage prepaid, notice of the appeal upon the
other party.
(b) The court hearing the appeal shall conduct a hearing de novo,
without a jury, and make its own determination as to potential danger
and viciousness and make other orders authorized by this chapter,
based upon the evidence presented. The hearing shall be conducted in
the same manner and within the time periods set forth in Section
31621 and subdivision (a). The court may admit all relevant
evidence, including incident reports and the affidavits of witnesses,
limit the scope of discovery, and may shorten the time to produce
records or witnesses. The issue shall be decided upon the
preponderance of the evidence. If the court rules the dog to be
potentially dangerous or vicious, the court may establish a time
schedule to ensure compliance with this chapter, but in no case more
than 30 days subsequent to the date of the court's determination or
35 days if the service of the judgment is by first-class mail.
SEC. 170. Section 43039 of the Food and Agricultural Code is
amended to read:
43039. If the lot which is held is perishable or subject to rapid
deterioration, the enforcing officer may file a verified petition in
any superior or municipal court of the state to destroy the lot or
otherwise abate the nuisance. The petition shall show the condition
of the lot, that the lot is situated within the county, that the lot
is held, and that notice of noncompliance has been served as provided
in this article. The court may thereupon order that the lot be
forthwith destroyed or the nuisance otherwise abated as set forth in
the order.
SEC. 171. Section 52514 of the Food and Agricultural Code is
amended to read:
52514. A proceeding pursuant to this article where the value of
the property seized amounts to twenty-five thousand dollars ($25,000)
or less is a limited civil case.
SEC. 172. Section 53564 of the Food and Agricultural Code is
amended to read:
53564. A proceeding pursuant to this article where the value of
the property is twenty-five thousand dollars ($25,000) or less is a
limited civil case.
SEC. 173. Section 59289 of the Food and Agricultural Code is
amended to read:
59289. The enforcing officer may file a verified petition in any
superior or municipal court of this state requesting permission to
divert such lot to any other available lawful use or to destroy the
lot. The verified petition shall show all of the following:
(a) The condition of the lot.
(b) That the lot is situated within the territorial jurisdiction
of the court in which the petition is being filed.
(c) That the lot is held, and that the notice of noncompliance has
been served as provided in Section 59285.
(d) That the lot has not been reconditioned as required.
(e) The name and address of the owner and the person in possession
of the lot.
(f) That the owner has refused permission to divert or to destroy
the lot.
SEC. 174. Section 910 of the Government Code is amended to read:
910. A claim shall be presented by the claimant or by a person
acting on his or her behalf and shall show all of the following:
(a) The name and post office address of the claimant.
(b) The post office address to which the person presenting the
claim desires notices to be sent.
(c) The date, place and other circumstances of the occurrence or
transaction which gave rise to the claim asserted.
(d) A general description of the indebtedness, obligation, injury,
damage or loss incurred so far as it may be known at the time of
presentation of the claim.
(e) The name or names of the public employee or employees causing
the injury, damage, or loss, if known.
(f) The amount claimed if it totals less than ten thousand dollars
($10,000) as of the date of presentation of the claim, including the
estimated amount of any prospective injury, damage, or loss, insofar
as it may be known at the time of the presentation of the claim,
together with the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000), no dollar
amount shall be included in the claim. However, it shall indicate
whether the claim would be a limited civil case.
SEC. 175. Section 945.3 of the Government Code is amended to read:
945.3. No person charged by indictment, information, complaint,
or other accusatory pleading charging a criminal offense may bring a
civil action for money or damages against a peace officer or the
public entity employing a peace officer based upon conduct of the
peace officer relating to the offense for which the accused is
charged, including an act or omission in investigating or reporting
the offense or arresting or detaining the accused, while the charges
against the accused are pending before a municipal or superior court.
Any applicable statute of limitations for filing and prosecuting
these actions shall be tolled during the period that the charges are
pending before a municipal or superior court.
For the purposes of this section, charges pending before a
municipal or superior court do not include appeals or criminal
proceedings diverted pursuant to Chapter 2.5 (commencing with Section
1000), Chapter 2.6 (commencing with Section 1000.6), Chapter 2.7
(commencing with Section 1001), Chapter 2.8 (commencing with Section
1001.20), or Chapter 2.9 (commencing with Section 1001.50) of Title 6
of Part 2 of the Penal Code.
Nothing in this section shall prohibit the filing of a claim with
the board of a public entity, and this section shall not extend the
time within which a claim is required to be presented pursuant to
Section 911.2.
SEC. 176. Section 990.2 of the Government Code is amended to read:
990.2. A county may insure any officer or attache of its superior
and municipal courts against all or any part of the officer or
attache's liability for injury resulting from any act or omission in
the scope of the officer or attache's employment, and also may insure
against the expense of defending any claim against such officer or
attache, whether or not liability exists on such claim.
SEC. 177. Section 1770 of the Government Code is amended to read:
1770. An office becomes vacant on the happening of any of the
following events before the expiration of the term:
(a) The death of the incumbent.
(b) An adjudication pursuant to a quo warranto proceeding
declaring that the incumbent is physically or mentally incapacitated
due to disease, illness, or accident and that there is reasonable
cause to believe that the incumbent will not be able to perform the
duties of his or her office for the remainder of his or her term.
This subdivision shall not apply to offices created by the California
Constitution nor to federal or state legislators.
(c) His or her resignation.
(d) His or her removal from office.
(e) His or her ceasing to be an inhabitant of the state, or if the
office be local and one for which local residence is required by
law, of the district, county, or city for which the officer was
chosen or appointed, or within which the duties of his or her office
are required to be discharged. However, the office of judge of a
municipal court shall not become vacant when, as a result of a change
in the boundaries of a judicial district during an incumbent's term,
the incumbent ceases to be an inhabitant of the district for which
he or she was elected or appointed to serve.
(f) His or her absence from the state without the permission
required by law beyond the period allowed by law.
(g) His or her ceasing to discharge the duties of his or her
office for the period of three consecutive months, except when
prevented by sickness, or when absent from the state with the
permission required by law.
(h) His or her conviction of a felony or of any offense involving
a violation of his or her official duties. An officer shall be
deemed to have been convicted under this subdivision when trial court
judgment is entered. For the purposes of this subdivision, "trial
court judgment" means a judgment by the trial court either sentencing
the officer or otherwise upholding and implementing the plea,
verdict, or finding.
(i) His or her refusal or neglect to file his or her required oath
or bond within the time prescribed.
(j) The decision of a competent tribunal declaring void his or her
election or appointment.
(k) The making of an order vacating his or her office or declaring
the office vacant when the officer fails to furnish an additional or
supplemental bond.
(l) His or her commitment to a hospital or sanitarium by a court
of competent jurisdiction as a drug addict, dipsomaniac, inebriate,
or stimulant addict; but in that event the office shall not be deemed
vacant until the order of commitment has become final.
SEC. 178. Section 3075 is added to the Government Code, to read:
3075. In a proceeding under this article, appeal is to the court
of appeal.
SEC.
179. Section 3501.6 of the Government Code is amended to read:
3501.6. (a) In any transfer of functions from county employees to
superior or municipal court employees occurring on or after January
1, 1992, the court shall continue to recognize the employee
organization which represented the employees performing those
functions at the time of the transfer of duties. The court shall
also be bound by the terms of any memorandum of understanding that is
in effect as of the date of the transfer of functions for the
duration thereof, or until replaced by a subsequent memorandum of
understanding.
(b) Notwithstanding Article 8 (commencing with Section 69890) of
Chapter 5 of Title 8, merit personnel systems including the county
civil service system and a system of discipline for cause only, shall
be within the scope of representation by employee organizations for
court employees affected by a transfer of functions as described in
subdivision (a) unless otherwise prohibited by the charter of the
county.
SEC. 180. Section 6701 of the Government Code is amended to read:
6701. If January 1st, February 12th, March 31st, July 4th,
September 9th, November 11th, or December 25th falls upon a Sunday,
the Monday following is a holiday. If November 11th falls upon a
Saturday, the preceding Friday is a holiday.
If any holiday designated in Section 6700 falls on a Saturday, the
board of supervisors of any county may by ordinance or resolution
provide that an alternate day shall be a holiday for the employees of
the county, except those employees of the county working as court
attaches or as clerks of the superior or municipal courts.
SEC. 181. Section 11189 of the Government Code is amended to read:
11189. In any matter pending before a department head, the
department head may cause the deposition of persons residing within
or without the state to be taken by causing a petition to be filed in
the Superior Court in the County of Sacramento reciting the nature
of the matter pending, the name and residence of the person whose
testimony is desired, and asking that an order be made requiring the
person to appear and testify before an officer named in the petition
for that purpose. Upon the filing of the petition the court may make
an order requiring the person to appear and testify in the manner
prescribed by law for like depositions in civil actions in the
superior courts of this state under Article 3 (commencing with
Section 2016) of Chapter 3 of Title 4 of Part 4 of the Code of Civil
Procedure. In the same manner the superior courts may compel the
attendance of persons as witnesses, and the production of papers,
books, accounts, and documents, under Chapter 2 (commencing with
Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure,
and may punish for contempt.
SEC. 182. Section 11511 of the Government Code is amended to read:
11511. On verified petition of any party, an administrative law
judge or, if an administrative law judge has not been appointed, an
agency may order that the testimony of any material witness residing
within or without the state be taken by deposition in the manner
prescribed by law for depositions in civil actions under Article 3
(commencing with Section 2016) of Chapter 3 of Title 4 of Part 4 of
the Code of Civil Procedure. The petition shall set forth the nature
of the pending proceeding; the name and address of the witness whose
testimony is desired; a showing of the materiality of the testimony;
a showing that the witness will be unable or cannot be compelled to
attend; and shall request an order requiring the witness to appear
and testify before an officer named in the petition for that purpose.
The petitioner shall serve notice of hearing and a copy of the
petition on the other parties at least 10 days before the hearing.
Where the witness resides outside the state and where the
administrative law judge or agency has ordered the taking of the
testimony by deposition, the agency shall obtain an order of court to
that effect by filing a petition therefor in the superior court in
Sacramento County. The proceedings thereon shall be in accordance
with the provisions of Section 11189.
SEC. 183. Section 12965 of the Government Code is amended to read:
12965. (a) In the case of failure to eliminate an unlawful
practice under this part through conference, conciliation or
persuasion, or in advance thereof if circumstances warrant, the
director in his or her discretion may cause to be issued in the name
of the department a written accusation. The accusation shall contain
the name of the person, employer, labor organization or employment
agency accused, which shall be known as the respondent, shall set
forth the nature of the charges, shall be served upon the respondent
together with a copy of the verified complaint, as amended, and shall
require the respondent to answer the charges at a hearing.
For any complaint treated by the director as a group or class
complaint for purposes of investigation, conciliation, and accusation
pursuant to Section 12961, an accusation shall be issued, if at all,
within two years after the filing of the complaint. For all other
complaints, an accusation shall be issued, if at all, within one year
after the filing of a complaint. If the director determines,
pursuant to Section 12961, that a complaint investigated as a group
or class complaint under Section 12961 is to be treated as a group or
class complaint for purposes of conciliation and accusation as well,
such determination shall be made and shall be communicated in
writing within one year after the filing of the complaint to each
person, employer, labor organization, employment agency, or public
entity alleged in the complaint to have committed an unlawful
practice.
(b) If an accusation is not issued within 150 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify, in
writing, the person claiming to be aggrieved that the department
shall issue, on his or her request, the right-to-sue notice. This
notice shall indicate that the person claiming to be aggrieved may
bring a civil action under this part against the person, employer,
labor organization or employment agency named in the verified
complaint within one year from the date of that notice. If the
person claiming to be aggrieved does not request a right-to-sue
notice, the department shall issue the notice upon completion of its
investigation, and not later than one year after the filing of the
complaint. A city, county, or district attorney in a location having
an enforcement unit established on or before March 1, 1991, pursuant
to a local ordinance enacted for the purpose of prosecuting AIDS/HIV
discrimination claims, acting on behalf of any person claiming to be
aggrieved due to HIV/AIDS discrimination, may also bring a civil
action under this part against the person, employer, labor
organization, or employment agency named in the notice. The superior
and municipal courts of the State of California shall have
jurisdiction of those actions, and the aggrieved person may file in
any of these courts. Such an action may be brought in any county in
the state in which the unlawful practice is alleged to have been
committed, in the county in which the records relevant to the
practice are maintained and administered, or in the county in which
the aggrieved person would have worked or would have had access to
the public accommodation but for the alleged unlawful practice, but
if the defendant is not found within any of these counties, an action
may be brought within the county of the defendant's residence or
principal office. A copy of any complaint filed pursuant to this
part shall be served on the principal offices of the department and
of the commission. The remedy for failure to send a copy of a
complaint is an order to do so. Those actions may not be filed as
class actions or may not be maintained as class actions by the person
or persons claiming to be aggrieved where those persons have filed a
civil class action in the federal courts alleging a comparable claim
of employment discrimination against the same defendant or
defendants. In actions brought under this section, the court, in its
discretion, may award to the prevailing party reasonable attorneys'
fees and costs except where such action is filed by a public agency
or a public official, acting in an official capacity.
(c) (1) If an accusation or amended accusation includes a prayer
either for damages for emotional injuries as a component of actual
damages, or for administrative fines, or for both, the respondent may
within 30 days after service of the accusation or amended
accusation, elect to transfer the proceedings to a court in lieu of a
hearing pursuant to subdivision (a) by serving a written notice to
that effect on the department, the commission, and the person
claiming to be aggrieved. The commission shall prescribe the form
and manner of giving written notice.
(2) No later than 30 days after the completion of service of the
notice of election pursuant to paragraph (1), the department shall
dismiss the accusation and shall, either itself or, at its election,
through the Attorney General, file in the appropriate court an action
in its own name on behalf of the person claiming to be aggrieved as
the real party in interest. In this action, the person claiming to
be aggrieved shall be the real party in interest and shall have the
right to participate as a party and be represented by his or her own
counsel. Complaints filed pursuant to this section shall be filed in
the appropriate superior or municipal court in any county in which
unlawful practices are alleged to have been committed, in the county
in which records relevant to the alleged unlawful practices are
maintained and administered, or in the county in which the person
claiming to be aggrieved would have worked or would have had access
to public accommodation, but for the alleged unlawful practices. If
the defendant is not found in any of these counties, the action may
be brought within the county of the defendant's residence or
principal office. Those actions shall be assigned to the court's
delay reduction program, or otherwise given priority for disposition
by the court in which the action is filed.
(3) A court may grant as relief in any action filed pursuant to
this subdivision any relief a court is empowered to grant in a civil
action brought pursuant to subdivision (b), in addition to any other
relief that, in the judgment of the court, will effectuate the
purpose of this part.
(4) The department may amend an accusation to pray for either
damages for emotional injury or for administrative fines, or both,
provided that the amendment is made within 30 days of the issuance of
the original accusation.
SEC. 183.5. Section 12965 of the Government Code is amended to
read:
12965. (a) In the case of failure to eliminate an unlawful
practice under this part through conference, conciliation or
persuasion, or in advance thereof if circumstances warrant, the
director in his or her discretion may cause to be issued in the name
of the department a written accusation. The accusation shall contain
the name of the person, employer, labor organization or employment
agency accused, which shall be known as the respondent, shall set
forth the nature of the charges, shall be served upon the respondent
together with a copy of the verified complaint, as amended, and shall
require the respondent to answer the charges at a hearing.
For any complaint treated by the director as a group or class
complaint for purposes of investigation, conciliation, and accusation
pursuant to Section 12961, an accusation shall be issued, if at all,
within two years after the filing of the complaint. For all other
complaints, an accusation shall be issued, if at all, within one year
after the filing of a complaint. If the director determines,
pursuant to Section 12961, that a complaint investigated as a group
or class complaint under Section 12961 is to be treated as a group or
class complaint for purposes of conciliation and accusation as well,
such determination shall be made and shall be communicated in
writing within one year after the filing of the complaint to each
person, employer, labor organization, employment agency, or public
entity alleged in the complaint to have committed an unlawful
practice.
(b) If an accusation is not issued within 150 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify, in
writing, the person claiming to be aggrieved that the department
shall issue, on his or her request, the right-to-sue notice. This
notice shall indicate that the person claiming to be aggrieved may
bring a civil action under this part against the person, employer,
labor organization or employment agency named in the verified
complaint within one year from the date of that notice. If the
person claiming to be aggrieved does not request a right-to-sue
notice, the department shall issue the notice upon completion of its
investigation, and not later than one year after the filing of the
complaint. A city, county, or district attorney in a location having
an enforcement unit established on or before March 1, 1991, pursuant
to a local ordinance enacted for the purpose of prosecuting AIDS/HIV
discrimination claims, acting on behalf of any person claiming to be
aggrieved due to AIDS/HIV discrimination, may also bring a civil
action under this part against the person, employer, labor
organization, or employment agency named in the notice. The superior
and municipal courts of the State of California shall have
jurisdiction of those actions, and the aggrieved person may file in
any of these courts. Such an action may be brought in any county in
the state in which the unlawful practice is alleged to have been
committed, in the county in which the records relevant to the
practice are maintained and administered, or in the county in which
the aggrieved person would have worked or would have had access to
the public accommodation but for the alleged unlawful practice, but
if the defendant is not found within any of these counties, an action
may be brought within the county of the defendant's residence or
principal office. A copy of any complaint filed pursuant to this
part shall be served on the principal offices of the department and
of the commission. The remedy for failure to send a copy of a
complaint is an order to do so. Those actions may not be filed as
class actions or may not be maintained as class actions by the person
or persons claiming to be aggrieved where those persons have filed a
civil class action in the federal courts alleging a comparable claim
of employment discrimination against the same defendant or
defendants. In actions brought under this section, the court, in its
discretion, may award to the prevailing party reasonable attorneys'
fees and costs, including expert witness fees, except where such
action is filed by a public agency or a public official, acting in an
official capacity.
(c) (1) If an accusation or amended accusation includes a prayer
either for damages for emotional injuries as a component of actual
damages, or for administrative fines, or for both, the respondent may
within 30 days after service of the accusation or amended
accusation, elect to transfer the proceedings to a court in lieu of a
hearing pursuant to subdivision (a) by serving a written notice to
that effect on the department, the commission, and the person
claiming to be aggrieved. The commission shall prescribe the form
and manner of giving written notice.
(2) No later than 30 days after the completion of service of the
notice of election pursuant to paragraph (1), the department shall
dismiss the accusation and shall, either itself or, at its election,
through the Attorney General, file in the appropriate court an action
in its own name on behalf of the person claiming to be aggrieved as
the real party in interest. In this action, the person claiming to
be aggrieved shall be the real party in interest and shall have the
right to participate as a party and be represented by his or her own
counsel. Complaints filed pursuant to this section shall be filed in
the appropriate superior or municipal court in any county in which
unlawful practices are alleged to have been committed, in the county
in which records relevant to the alleged unlawful practices are
maintained and administered, or in the county in which the person
claiming to be aggrieved would have worked or would have had access
to public accommodation, but for the alleged unlawful practices. If
the defendant is not found in any of these counties, the action may
be brought within the county of the defendant's residence or
principal office. Those actions shall be assigned to the court's
delay reduction program, or otherwise given priority for disposition
by the court in which the action is filed.
(3) A court may grant as relief in any action filed pursuant to
this subdivision any relief a court is empowered to grant in a civil
action brought pursuant to subdivision (b), in addition to any other
relief that, in the judgment of the court, will effectuate the
purpose of this part. This relief may include the requirement that an
employer conduct training for all employees, supervisors, and
management on the requirements of this part, the rights and remedies
of those who allege a violation of this part, and the employer's
internal grievance procedures.
(4) The department may amend an accusation to pray for either
damages for emotional injury or for administrative fines, or both,
provided that the amendment is made within 30 days of the issuance of
the original accusation.
SEC. 184. Section 12972 of the Government Code is amended to read:
12972. (a) The commission shall conduct all actions and
procedures in accordance with either of the following:
(1) Chapter 5 (commencing with Section 11500) of Part 1, except as
otherwise specified by this part.
(2) Regulations adopted by the commission.
(b) In addition to the discovery available to each party pursuant
to subdivision (a), the department and the respondent may each cause
a single deposition to be taken in the manner prescribed by law for
depositions in civil actions in the superior courts of this state
under Article 3 (commencing with Section 2016) of Chapter 3 of Title
4 of Part 4 of the Code of Civil Procedure.
SEC. 185. Section 12980 of the Government Code is amended to read:
12980. This article governs the procedure for the prevention and
elimination of discrimination in housing made unlawful pursuant to
Article 2 (commencing with Section 12955) of Chapter 6.
(a) Any person claiming to be aggrieved by an alleged violation of
Section 12955, 12955.1, or 12955.7 may file with the department a
verified complaint in writing that shall state the name and address
of the person alleged to have committed the violation complained of,
and that shall set forth the particulars thereof and contain any
other information required by the department.
The filing of a complaint and pursuit of conciliation or remedy
under this part shall not prejudice the complainant's right to pursue
effective judicial relief under other applicable laws, but if a
civil action has been filed under Section 52 of the Civil Code, the
department shall terminate proceedings upon notification of the entry
of final judgment unless the judgment is a dismissal entered at the
complainant's request.
(b) The Attorney General or the director may, in a like manner,
make, sign, and file complaints citing practices that appear to
violate the purpose of this part or any specific provisions of this
part relating to housing discrimination.
No complaint may be filed after the expiration of one year from
the date upon which the alleged violation occurred or terminated.
(c) The department may thereupon proceed upon the complaint in the
same manner and with the same powers as provided in this part in the
case of an unlawful practice, except that where the provisions of
this article provide greater rights and remedies to an aggrieved
person than the provisions of Article 1 (commencing with Section
12960), the provisions of this article shall prevail.
(d) Upon the filing of a complaint, the department shall serve
notice upon the complainant of the time limits, rights of the
parties, and choice of forums provided for under the law, and shall
also provide a written explanation that informs the complainant that,
if an accusation is issued, the complainant may only be able to
recover damages for emotional distress or other intangible injuries
through a civil action filed under Section 12989.
(e) The department shall commence proceedings with respect to a
complaint within 30 days of filing of the complaint.
(f) An investigation of allegations contained in any complaint
filed with the department shall be completed within 100 days after
receipt of the complaint, unless it is impracticable to do so. If
the investigation is not completed within 100 days, the complainant
and respondent shall be notified, in writing, of the department's
reasons for not doing so.
(g) Upon the conclusion of each investigation, the department
shall prepare a final investigative report containing all of the
following:
(1) The names of any witnesses and the dates of any contacts with
those witnesses.
(2) A summary of the dates of any correspondence or other contacts
with the aggrieved persons or the respondent.
(3) A summary of witness statements.
(4) Answers to interrogatories.
(5) A summary description of other pertinent records.
A final investigative report may be amended if additional evidence
is later discovered.
(h) If an accusation is not issued within 100 days after the
filing of a complaint, or if the department earlier determines that
no accusation will issue, the department shall promptly notify the
person claiming to be aggrieved. This notice shall, in any event, be
issued no more than 30 days after the date of the determination or
30 days after the date of the expiration of the 100-day period,
whichever date first occurs. The notice shall indicate that the
person claiming to be aggrieved may bring a civil action under this
part against the person named in the verified complaint within the
time period specified in Section 12989.1 of the Government Code. The
notice shall also indicate, unless the department has determined
that no accusation will be issued, that the person claiming to be
aggrieved has the option of continuing to seek redress for the
alleged discrimination through the procedures of the department if he
or she does not desire to file a civil action. The superior and
municipal courts of the State of California shall have jurisdiction
of these actions, and the aggrieved person may file in any of these
courts. The action may be brought in any county in the state in
which the violation is alleged to have been committed, or in the
county in which the records relevant to the alleged violation are
maintained and administered, but if the defendant is not found within
that county, the action may be brought within the county of the
defendant's residence or principal office. A copy of any complaint
filed pursuant to this part shall be served on the principal offices
of the department and of the commission. The remedy for failure to
send a copy of a complaint is an order to do so. In a civil action
brought under this section, the court, in its discretion, may award
to the prevailing party reasonable attorneys' fees.
(i) All agreements reached in settlement of any housing
discrimination complaint filed pursuant to this section shall be made
public, unless otherwise agreed by the complainant and respondent,
and the department determines that the disclosure is not required to
further the purposes of the act.
(j) All agreements reached in settlement of any housing
discrimination complaint filed pursuant to this section shall be
agreements between the respondent and complainant, and shall be
subject to approval by the department.
SEC. 186. Section 15422 of the Government Code is amended to read:
15422. Where a county public defender has refused, or is
otherwise reasonably unable to represent a person because of conflict
of interest or other reason, the State Public Defender is authorized
to represent such person, pursuant to a contract with the county
which provides for reimbursement of costs, where the person is not
financially able to employ counsel and is charged with the commission
of any contempt or offense triable in the superior or municipal
courts at all stages of any proceedings relating to such charge,
including restrictions on liberty resulting from such charge. Except
in cases of representation under subdivision (d) of Section 15421,
the State Public Defender may decline to represent such person by
filing a letter with the appropriate court citing Section 15420 of
this chapter.
SEC. 187. Section 18671 of the Government Code is amended to read:
18671. Such hearings and investigations may be conducted by the
board, any member, or any authorized representative of the board.
Any authorized person conducting such hearing or investigation may
administer oaths, subpoena and require the attendance of witnesses
and the production of books or papers, and cause the depositions of
witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil cases in the
superior court of this state under Article 3 (commencing with Section
2016) of Chapter 3 of Title 4 of Part 4 of the Code of Civil
Procedure.
SEC. 188. Section 23220 of the Government Code is amended to read:
23220. On and after the effective date of the boundary change,
the superior court and the municipal courts in each affected county
shall retain jurisdiction in all cases pending in a session of those
courts.
SEC. 189. Section 23296 of the Government Code is amended to read:
23296. Those municipal court districts in the transferring county
which are located within the boundaries of the territory which is
transferred immediately prior to its transfer shall continue in
existence for all purposes with the same name, judges, officers,
attaches, and other employees.
SEC. 190. Section 23398 of the Government Code is amended to read:
23398. Those municipal court districts in the affected county or
counties which are located within the boundaries of the proposed
county immediately
prior to its creation shall continue in existence for all purposes in
the proposed county with the same name, judges, officers, attaches,
and other employees.
SEC. 191. Section 23579 of the Government Code is amended to read:
23579. Those municipal court districts in the affected counties
immediately prior to consolidation shall continue in existence for
all purposes in the consolidated county with the same name, judges,
officers, attaches, and other employees.
SEC. 192. Section 24055 of the Government Code is amended to read:
24055. Any clerk or sheriff who receives any fine or forfeiture
and refuses or neglects to pay it over according to law and within 30
days after its receipt is guilty of a misdemeanor.
SEC. 193. Section 24057 of the Government Code is amended to read:
24057. Every county officer and the officer's deputies may
administer and certify oaths.
SEC. 194. Section 25351.3 of the Government Code is amended to
read:
25351.3. In addition to its other powers and duties, the board of
supervisors may do any or all of the following:
(a) Acquire land for and construct, lease, sublease, build,
furnish, refurnish, or repair buildings for municipal or superior
courts and for convention and exhibition halls, trade and industrial
centers, auditoriums, opera houses, music halls and centers, motion
picture and television museums, and related facilities used for
public assembly purposes for the use, benefit and enjoyment of the
public, including offstreet parking places for motor vehicles, ways
of ingress and egress, and any other facilities and improvements
necessary or convenient for their use.
(b) Acquire land and construct buildings, structures and
facilities thereon, in whole or in part, with county funds or it may,
by contract or lease with any nonprofit association or corporation,
provide for the acquisition of land or the construction of buildings,
structures and facilities, or all or any part thereof, for public
assembly purposes, upon the terms the board may determine.
(c) Lease, pursuant to Section 25371, any real property owned by
the county and available for public assembly purposes to any person,
firm, corporation, or nonprofit association or corporation for public
assembly purposes, with the person, firm, corporation, or nonprofit
association or corporation to lease the real property, as improved,
back to the county for use for the purposes stated in the lease. Any
lease authorized by the board under this subdivision, except leases
for municipal or superior courts, which may be entered into without
advertising for bids, shall be awarded to the lowest responsible
bidder after public competitive bidding conducted in the manner
determined by the board. Notice inviting bids shall be published
pursuant to Section 6066 in a newspaper as the board may direct.
(d) Enter into a lease or sublease, without advertising for bids
therefor, of buildings, structures, and facilities or any of them
with any nonprofit association or corporation which agrees to use the
buildings, structures, and facilities so leased to it for the public
assembly purposes for which they were or are to be built; or
contract, without advertising, for bids with any nonprofit
association or corporation for the maintenance, operation, and
management of the buildings, structures, and facilities, or any part
thereof used for public assembly purposes, including the scheduling
and promotion of events therein, for a specified term, not to exceed
40 years, upon terms and conditions as may be agreed upon. The
leases, subleases, or contracts shall provide that, at least
annually, there shall be paid to the county the net revenue, if any,
from the operation and use of the facilities, remaining after the
payment of expenses and costs, if any, for maintenance, operation or
management, interest, and principal payments upon loans to the
nonprofit corporation or association for purposes of maintenance,
operation, or management, and any other expenses, and after providing
maintenance and operation reserves. The lease, sublease, or
contract shall also provide that, upon its expiration, all of the
assets of the nonprofit association or corporation after payment or
discharge of its indebtedness and liabilities shall be transferred to
the county.
(e) If the county has a population in excess of 4,000,000, without
advertising for bids therefor, grant any real property owned by the
county, or lease, for a term not to exceed 99 years, any real
property owned by the county, to any city, district, or other public
entity for any of the above public assembly purposes, without
consideration, except the agreement of the grantee or lessee to use
the real property for the public assembly purposes specified, and
upon terms and conditions which may be agreed upon by the board and
the grantee or lessee.
The amendment to this section enacted by Chapter 755 of the
Statutes of 1963 shall not be construed to affect or modify the duty
of any county or board of supervisors to provide adequate quarters
for courts but is intended to provide an alternative method of
financing the acquisition of property and buildings for use for
courthouse purposes.
SEC. 195. Section 25560.4 of the Government Code is amended to
read:
25560.4. The board of supervisors of any county may, by a
four-fifths vote of the members, use or dedicate any portion of any
land acquired by the county by means of special assessment
proceedings for park purposes, for the erection and maintenance of
one or more buildings to house any municipal or superior court, or
one or more departments or divisions of any one or more of such
courts if the portion of the land to be so used or dedicated has not
been used by the public for park purposes for a period of more than
10 years.
SEC. 196. Section 26299.008 of the Government Code is amended to
read:
26299.008. "Court facilities" means the municipal and superior
courts of the county, as well as any other facilities used for adult
or juvenile court matters, criminal prosecutions, handling inmates,
or a combination thereof.
SEC. 197. Section 26524 of the Government Code is amended to read:
26524. Upon request of any judge of the superior or municipal
court, the district attorney shall appear for and represent the court
or judge if the court or judge in his or her official capacity is a
party defendant in any action.
SEC. 198. Section 26665 of the Government Code is amended to read:
26665. All writs, notices, or other process issued by superior or
municipal courts in civil actions or proceedings may be served by
any duly qualified and acting marshal or sheriff of any county in the
state, subject to the Code of Civil Procedure.
SEC. 199. Section 26806 of the Government Code is amended to read:
26806. (a) In counties having a population of 900,000 or over,
the county clerk may employ as many foreign language interpreters as
may be necessary to interpret in criminal cases in the superior and
municipal courts, and in the juvenile court within the county and to
translate documents intended for filing in any civil or criminal
action or proceeding or for recordation in the county recorder's
office.
(b) The county clerk, as clerk of the superior court, shall, when
interpreters are needed, assign the interpreters so employed to
interpret in criminal and juvenile cases in the superior court. When
their services are needed, the clerk shall also assign interpreters
so employed to interpret in criminal cases in municipal courts.
(c) The county clerk may also assign the interpreters so employed
to interpret in civil cases in superior and municipal courts when
their services are not required in criminal or juvenile cases and
when so assigned, they shall collect from the litigants the fee fixed
by the court and shall deposit the same in the county treasury.
(d) The interpreters so employed shall, when assigned to do so by
the county clerk, translate documents to be recorded or to be filed
in any civil or criminal action or proceeding. The fee to be
collected for translating each such document shall be three dollars
($3) per folio for the first folio or part thereof, and two cents
($0.02) for each word thereafter. For preparing a carbon copy of
such translation made at the time of preparing the original, the fee
shall be twelve cents ($0.12) per folio or any part thereof. All
such fees shall be deposited in the county treasury.
SEC. 200. Section 26820 of the Government Code is amended to read:
26820. The county clerk shall charge and collect the fees fixed
in this article and in Article 2 (commencing with Section 72053) of
Chapter 8 of Title 8 for service performed by the clerk, when not
otherwise provided by law.
SEC. 201. 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, other than in a limited
civil case or 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. 201.5. 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 on behalf of a plaintiff
or plaintiffs filed jointly, other than in a limited civil case or 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. 202. Section 26824 of the Government Code is amended to read:
26824. The fee for filing a notice of appeal to the appellate
division of the superior court in a limited civil case is fifty
dollars ($50). The Judicial Council may make rules governing the
time and method of payment and providing for excuse.
SEC. 203. Section 26826 of the Government Code is amended to read:
26826. (a) The total fee for filing the first paper in the action
described in Section 26820.4 on behalf of any defendant, intervenor,
respondent, or adverse party, whether separately or jointly, except
for the purpose of making disclaimer shall be one hundred eighty-two
dollars ($182).
(b) As used in this section, the term "paper" does not include any
of the following:
(1) A stipulation for the appointment of a temporary judge or of a
court investigator, or the report made by the court investigator.
(2) The declaration of a spouse filed in an order to show cause
proceeding.
(3) A marital settlement agreement which is signed by a defaulted
respondent and intended for incorporation in a proposed decree of
dissolution of marriage.
(4) A stipulation regarding the date of termination of the marital
status when the court has retained jurisdiction over that date.
(5) A document relating to a stipulated postjudgment modification
of child support.
(6) A stipulation to modify a marital settlement agreement which
was signed by a defaulted respondent and incorporated in a decree of
dissolution if the stipulation is presented by the petitioner.
SEC. 203.5. Section 26826 of the Government Code is amended to
read:
26826. (a) The total fee for filing the first paper in the action
described in Section 26820.4 on behalf of any defendant, intervenor,
respondent, or adverse party, or several of them filing jointly,
except for the purpose of making disclaimer shall be one hundred
eighty-two dollars ($182).
(b) As used in this section, the term "paper" does not include any
of the following:
(1) A stipulation for the appointment of a temporary judge or of a
court investigator, or the report made by the court investigator.
(2) The declaration of a spouse filed in an order to show cause
proceeding.
(3) A marital settlement agreement which is signed by a defaulted
respondent and intended for incorporation in a proposed decree of
dissolution of marriage.
(4) A stipulation regarding the date of termination of the marital
status when the court has retained jurisdiction over that date.
(5) A document relating to a stipulated postjudgment modification
of child support.
(6) A stipulation to modify a marital settlement agreement which
was signed by a defaulted respondent and incorporated in a decree of
dissolution if the stipulation is presented by the petitioner.
(7) An application for an order authorizing compromise of a minor'
s claim.
(8) An answer or other responsive pleading intended solely to
notify other parties to the action and the court that the matter has
been stayed pending the determination of the filing party's petition
in bankruptcy.
SEC. 204. Section 26826.01 of the Government Code is amended 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 other than in a limited civil case 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 other than in a limited civil case 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. 205. Section 26863 of the Government Code is amended to read:
26863. (a) The board of supervisors of any county may provide for
an additional fee of one dollar ($1) for filings in a civil action
or proceeding, as specified in Section 68090.7, to defray the cost of
automating the county clerk and municipal court recordkeeping system
and conversion of the county clerk and municipal court document
storage system to micrographics.
(b) The board of supervisors may increase this additional fee to
not more than three dollars ($3) if it expends an additional,
matching amount from the county general fund, equal to the revenue
derived from the increase, exclusively to pay the costs of automating
the county clerk and municipal court recordkeeping system or
converting the court's document system to micrographics, or both.
(c) Upon completion of the automation and conversion, and payment
of the costs therefor, the additional fee shall no longer be imposed.
SEC. 206. Section 27082 of the Government Code is amended to read:
27082. Upon receiving from the coroner money found on a dead
body, the treasurer shall place it to the credit of the county. The
money shall be credited to a separate trust fund or trust account.
If the legal representatives of the decedent demand the money in the
treasury belonging to the decedent within six years, the treasurer
shall pay it to them, after deducting the fees and expenses of the
coroner and of the county in relation to the matter, or the money may
be paid at any time thereafter upon the order of the board of
supervisors.
SEC. 207. Section 27647 of the Government Code is amended to read:
27647. (a) If requested so to do by the superior court of the
county of the county counsel, or by any municipal court in such
county, or by any judge thereof, and insofar as such duties are not
in conflict with, and do not interfere with, other duties, the county
counsel may represent any such court or judge thereof in all matters
and questions of law pertaining to any of such judge's duties,
including any representation authorized by Section 68111 and
representation in all civil actions and proceedings in any court in
which with respect to the court's or judge's official capacity, such
court or judge is concerned or is a party.
(b) This section shall not apply to any of the following:
(1) Any criminal proceedings in which a judge is a defendant.
(2) Any grand jury proceedings.
(3) Any proceeding before the Commission on Judicial
Qualifications.
(4) Any civil action or proceeding arising out of facts under
which the judge was convicted of a criminal offense in a criminal
proceeding.
SEC. 208. Section 27706 of the Government Code is amended to read:
27706. The public defender shall perform the following duties:
(a) Upon request of the defendant or upon order of the court, the
public defender shall defend, without expense to the defendant,
except as provided by Section 987.8 of the Penal Code, any person who
is not financially able to employ counsel and who is charged with
the commission of any contempt or offense triable in the superior or
municipal courts at all stages of the proceedings, including the
preliminary examination. The public defender shall, upon request,
give counsel and advice to such person about any charge against the
person upon which the public defender is conducting the defense, and
shall prosecute all appeals to a higher court or courts of any person
who has been convicted, where, in the opinion of the public
defender, the appeal will or might reasonably be expected to result
in the reversal or modification of the judgment of conviction.
(b) Upon request, the public defender shall prosecute actions for
the collection of wages and other demands of any person who is not
financially able to employ counsel, where the sum involved does not
exceed one hundred dollars ($100), and where, in the judgment of the
public defender, the claim urged is valid and enforceable in the
courts.
(c) Upon request, the public defender shall defend any person who
is not financially able to employ counsel in any civil litigation in
which, in the judgment of the public defender, the person is being
persecuted or unjustly harassed.
(d) Upon request, or upon order of the court, the public defender
shall represent any person who is not financially able to employ
counsel in proceedings under Division 4 (commencing with Section
1400) of the Probate Code and Part 1 (commencing with Section 5000)
of Division 5 of the Welfare and Institutions Code.
(e) Upon order of the court, the public defender shall represent
any person who is entitled to be represented by counsel but is not
financially able to employ counsel in proceedings under Chapter 2
(commencing with Section 500) of Part 1 of Division 2 of the Welfare
and Institutions Code.
(f) Upon order of the court the public defender shall represent
any person who is required to have counsel pursuant to Section 686.1
of the Penal Code.
(g) Upon the order of the court or upon the request of the person
involved, the public defender may represent any person who is not
financially able to employ counsel in a proceeding of any nature
relating to the nature or conditions of detention, of other
restrictions prior to adjudication, of treatment, or of punishment
resulting from criminal or juvenile proceedings.
SEC. 209. Section 28003 of the Government Code is amended to read:
28003. In any county the board of supervisors may by ordinance
fix a date or schedule of dates for the payment of salaries of the
officers, deputies, clerks, and employees of the several departments
and institutions of the county government, including, but not limited
to, the judges and other officers and the employees and attaches of
the superior and municipal courts in the county.
SEC. 210. Section 29603 of the Government Code is amended to read:
29603. The sums required by law to be paid to the grand and trial
jurors and witnesses in criminal cases tried in a superior or
municipal court are county charges.
SEC. 211. Section 29605 of the Government Code is repealed.
SEC. 212. Section 29610 of the Government Code is amended to read:
29610. The expenses of any elected county officer and one marshal
of a municipal court chosen by the marshals of the municipal courts
incurred while traveling to and from and while attending the annual
convention of his or her respective association, are county charges
which do not require prior approval of the board of supervisors. The
board of supervisors may require prior approval by the board of
supervisors for any other officer or employee to incur those expenses
as county charges.
SEC. 213. Section 31469 of the Government Code is amended to read:
31469. (a) "Employee" means any officer or other person employed
by a county whose compensation is fixed by the board of supervisors
or by statute and whose compensation is paid by the county, and any
officer or other person employed by any district within the county.
(b) "Employee" includes any officer or attache of any superior
court or municipal court which has been brought within the operation
of this chapter.
(c) "Employee" includes any officer or other person employed by a
district as defined in subdivision (c) of Section 31468 and whose
compensation is paid from funds of the district.
(d) "Employee" includes any member paid from the county school
service fund who elected pursuant to Education Code Section 873.1 to
remain a member of this system.
(e) "Employee" includes any person permanently employed by a local
agency formation commission including the executive officer thereof.
SEC. 214. Section 41606 of the Government Code is amended to read:
41606. For service of any process the chief of police shall
receive the same fees as sheriffs. Fees of the chief of police for
services in criminal actions or proceedings upon process issued from
the city court are not a county charge.
SEC. 215. Section 50920 of the Government Code is amended to read:
50920. As used in this article, the term "peace officer" means a
sheriff, undersheriff, deputy sheriff, marshal, or deputy marshal of
a county, city and county, or judicial district, or a marshal or
police officer of a city or town, employed and compensated as such,
whether the members are volunteer, partly paid, or fully paid, except
those whose principal duties are clerical, such as stenographers,
telephone operators, and other workers not engaged in law enforcement
operations, or the protection or preservation of life or property,
and not under suspension or otherwise lacking in good standing.
SEC. 216. Section 53069.4 of the Government Code is amended to
read:
53069.4. (a) (1) The legislative body of a local agency, as the
term "local agency" is defined in Section 54951, may by ordinance
make any violation of any ordinance enacted by the local agency
subject to an administrative fine or penalty. The local agency shall
set forth by ordinance the administrative procedures that shall
govern the imposition, enforcement, collection, and administrative
review by the local agency of those administrative fines or
penalties. Where the violation would otherwise be an infraction, the
administrative fine or penalty shall not exceed the maximum fine or
penalty amounts for infractions set forth in subdivision (b) of
Section 25132 and subdivision (b) of Section 36900.
(2) The administrative procedures set forth by ordinance adopted
by the local agency pursuant to paragraph (1) shall provide for a
reasonable period of time, as specified in the ordinance, for a
person responsible for a continuing violation to correct or otherwise
remedy the violation prior to the imposition of administrative fines
or penalties, when the violation pertains to building, plumbing,
electrical, or other similar structural or zoning issues, that do not
create an immediate danger to health or safety.
(b) (1) Notwithstanding the provisions of Section 1094.5 or 1094.6
of the Code of Civil Procedure, within 20 days after service of the
final administrative order or decision of the local agency is made
pursuant to an ordinance enacted in accordance with this section
regarding the imposition, enforcement or collection of the
administrative fines or penalties, a person contesting that final
administrative order or decision may seek review by filing an appeal
to be heard by the municipal court or by the superior court in a
county in which there is no municipal court, where the same shall be
heard de novo, except that the contents of the local agency's file in
the case shall be received in evidence. A proceeding under this
subdivision is a limited civil case. A copy of the document or
instrument of the local agency providing notice of the violation and
imposition of the administrative fine or penalty shall be admitted
into evidence as prima facie evidence of the facts stated therein. A
copy of the notice of appeal shall be served in person or by
first-class mail upon the local agency by the contestant.
(2) The fee for filing the notice of appeal shall be twenty-five
dollars ($25). The court shall request that the local agency's file
on the case be forwarded to the court, to be received within 15 days
of the request. The court shall retain the twenty-five dollar ($25)
fee regardless of the outcome of the appeal. If the court finds in
favor of the contestant, the amount of the fee shall be reimbursed to
the contestant by the local agency. Any deposit of the fine or
penalty shall be refunded by the local agency in accordance with the
judgment of the court.
(3) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(c) If no notice of appeal of the local agency's final
administrative order or decision is filed within the period set forth
in this section, the order or decision shall be deemed confirmed.
(d) If the fine or penalty has not been deposited and the decision
of the court is against the contestant, the local agency may proceed
to collect the penalty
pursuant to the procedures set forth in its ordinance.
SEC. 217. Section 53075.6 of the Government Code is amended to
read:
53075.6. Whenever a peace officer or public officer or employee,
when authorized by ordinance and as defined in Section 836.5 of the
Penal Code, arrests any person for operating as a taxicab without a
valid taxicab certificate, license, or permit required by any
ordinance, and the offense occurred at a public airport, within 100
feet of a public airport, or within two miles of the international
border between the United States and Mexico, the officer or employee
may impound and retain possession of any vehicle used in a violation
of the ordinance.
If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of the ordinance
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
At any time, a person may make a motion in municipal court or
superior court in a county in which there is no municipal court for
the immediate return of a vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A
proceeding under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned
or operated by a nonprofit organization exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code which serves youth
or senior citizens and provides transportation incidental to its
programs or services.
SEC. 218. Section 53075.61 of the Government Code is amended to
read:
53075.61. A transportation inspector, authorized by a local
government to cite any person for operating as a taxicab without a
valid taxicab certificate, license, or permit required by any
ordinance, may impound and retain possession of any vehicle used in a
violation of the ordinance.
If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of the ordinance
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
At any time, a person may make a motion in municipal court or
superior court in a county in which there is no municipal court for
the immediate return of a vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A
proceeding under this paragraph is a limited civil case.
No officer or employee, however, shall impound any vehicle owned
or operated by a nonprofit organization exempt from taxation pursuant
to Section 501(c)(3) of the Internal Revenue Code which serves youth
or senior citizens and provides transportation incidental to its
programs or services.
SEC. 219. Section 53679 of the Government Code is amended to read:
53679. So far as possible, all money belonging to a local agency
under the control of any of its officers or employees other than the
treasurer or a judge or officer of a municipal court shall, and all
money coming into the possession of a judge or officer of a municipal
court may, be deposited as active deposits in the state or national
bank, inactive deposits in the state or national bank or state or
federal association, federal or state credit union, or federally
insured industrial loan company in this state selected by the
officer, employee, or judge of the court. For purposes of this
section, an officer or employee of a local agency and a judge or
officer of a municipal court are prohibited from depositing local
agency funds or money coming into their possession into a state or
federal credit union if an officer or employee of the local agency,
or a judge or officer of a municipal court, also serves on the board
of directors, or any committee appointed by the board of directors,
or the credit committee or supervisory committee, of the particular
state or federal credit union. Such money is subject to this article
except:
(a) Deposits in an amount less than that insured pursuant to
federal law are not subject to this article.
For deposits in excess of the amount insured under any federal law
a contract in accordance with Section 53649 is required and the
provisions of this article shall apply.
(b) Interest is not required on money deposited in an active
deposit by a judge or officer of a municipal court.
(c) Interest is not required on money deposited in an active
deposit by an officer having control of a revolving fund created
pursuant to Chapter 2 (commencing with Section 29300) of Division 3
of Title 3.
(d) Interest is not required on money deposited in an active
deposit by an officer having control of a special fund established
pursuant to Articles 5 (commencing with Section 29400) or 6
(commencing with Section 29430) of Chapter 2 of Division 3 of Title
3.
SEC. 220. Section 68071 of the Government Code is amended to read:
68071. No rule adopted by a superior or municipal court shall
take effect until the January 1 or July 1, whichever comes first,
following the 30th day after it has been filed with the Judicial
Council and the clerk of the court, and made immediately available
for public examination. The Judicial Council may establish, by rule,
a procedure for exceptions to these effective dates.
SEC. 221. Section 68072 of the Government Code is amended to read:
68072. Rules adopted by the Judicial Council, the Supreme Court,
or a court of appeal shall take effect on a date to be fixed in the
order of adoption. If no effective date is fixed, those rules shall
take effect 60 days after their adoption. Rules adopted by a
superior or municipal court shall take effect as provided in Section
68071.
SEC. 222. Section 68074.1 of the Government Code is amended to
read:
68074.1. The seal of any superior or municipal court may be
affixed by a seal press or stamp which will print or emboss a seal
which will reproduce legibly under photographic methods.
SEC. 223. Section 68078 of the Government Code is repealed.
SEC. 224. Section 68081 of the Government Code is amended to read:
68081. Before the Supreme Court, a court of appeal, or the
appellate division of a superior court renders a decision in a
proceeding other than a summary denial of a petition for an
extraordinary writ, based upon an issue which was not proposed or
briefed by any party to the proceeding, the court shall afford the
parties an opportunity to present their views on the matter through
supplemental briefing. If the court fails to afford that
opportunity, a rehearing shall be ordered upon timely petition of any
party.
SEC. 225. Section 68084 of the Government Code is amended to read:
68084. When any money is deposited with the clerk or judge of any
court pursuant to any action or proceeding in the court, or pursuant
to any order, decree, or judgment of the court, or when any money is
to be paid to the treasurer pursuant to any provision of this title
or the Code of Civil Procedure, that money shall be deposited as soon
as practicable after the receipt thereof with the treasurer and a
duplicate receipt of the treasurer for it shall be filed with the
auditor. The certificate of the auditor that a duplicate receipt has
been filed is necessary before the clerk, judge, or party required
to deposit the money is entitled to a discharge of the obligation
imposed upon the clerk, judge, or party to make the deposit.
When any money so deposited is to be withdrawn or paid out, the
order directing the payment or withdrawal shall require the auditor
to draw a warrant for it and the treasurer to pay it. In any city
governed by a charter, such withdrawals shall be made pursuant to the
charter.
Notwithstanding any other provision of law, any municipal court,
or marshal of that court, may elect, with prior approval of the
county auditor, to deposit in a bank account or deposit in a savings
and loan association pursuant to Section 53679 all moneys deposited
with that court, or with the clerk thereof, or received by a marshal.
All moneys received and disbursed through that account or on
deposit shall be properly accounted for under those procedures the
Controller may deem necessary, and shall be subject to periodic
settlement with the county auditor as required by law.
SEC. 226. Section 68086 of the Government Code is amended to read:
68086. (a) In all superior court departments not selected to
participate in the demonstration project established under Section
270 of the Code of Civil Procedure:
(1) In addition to any other trial court fee required in civil
cases, a fee equal to the actual cost of providing that service shall
be charged per one-half day of services to the parties, on a pro
rata basis, for the services of an official reporter on the first and
each succeeding judicial day those services are required.
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court at the beginning of the second and each
succeeding day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time during either the morning or afternoon court
session.
(4) The costs for the services of the official reporter shall be
recoverable as taxable costs at the conclusion of trial.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That parties are given adequate and timely notice of the
availability of an official reporter.
(B) That if an official reporter is not available, a party may
arrange for the presence of a certified shorthand reporter to serve
as an official pro tempore reporter, the costs therefore recoverable
as provided in paragraph (4).
(C) That if the services of an official pro tempore reporter are
utilized pursuant to this section, no other charge will be made to
the parties.
(b) In all superior court departments selected to participate in
the demonstration project established under Section 270 of the Code
of Civil Procedure, and in all municipal courts:
(1) In addition to any other trial court fee required in civil
cases, a fee equal to the actual cost of providing that service shall
be charged per one-half day of services to the parties, on a pro
rata basis, for official reporting services on the first and each
succeeding judicial day those services are required.
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court at the beginning of the second and each
succeeding day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time during either the morning or afternoon court
session.
(4) The costs for the official reporting services shall be
recoverable as taxable costs at the conclusion of trial.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That litigants receive adequate information about any change
in the availability of official reporting services.
(B) That if official reporting services are not available, a party
may arrange for the presence of a certified shorthand reporter to
serve as an official pro tempore reporter, the costs therefore
recoverable as provided in paragraph (4).
(C) That if the services of a pro tempore reporter are utilized
because official reporting services are unavailable, no other charge
will be made to the parties for recording the proceeding.
SEC. 227. Section 68090.7 of the Government Code is amended to
read:
68090.7. The board of supervisors of any county, as specified in
Sections 26863 and 72054, may provide for a fee for the following
filings in each civil action or proceeding:
(a) The first paper and papers transmitted from another court, as
specified in Sections 26820.4 and 72055.
(b) The first paper on behalf of an adverse party, as specified in
Sections 26826 and 72056.
(c) A petition or other paper in a probate, guardianship, or
conservatorship matter as specified by Section 26827.
The fee shall not apply to adoptions, appeals from a municipal
court, or motions.
Except as otherwise specified by law, all fees collected under
this section shall be transmitted to the county treasurer and an
amount equal thereto shall be used exclusively to pay the costs of
automating the court clerk and municipal court recordkeeping system
or converting the court's document system to micrographics, or both.
SEC. 227.5. Section 68090.7 of the Government Code is amended to
read:
68090.7. In any county that has established a fee pursuant to
Sections 26863 and 72054, the fee shall only apply to the following
filings in each civil action or proceeding:
(a) The first paper and papers transmitted from another court, as
specified in Sections 26820.4 and 72055.
(b) The first paper on behalf of an adverse party, as specified in
Sections 26826 and 72056.
(c) A petition or other paper in a probate, guardianship, or
conservatorship matter as specified by Section 26827.
The fee shall not apply to adoptions, appeals from a municipal
court, or motions.
Except as otherwise specified by law, all fees collected under
this section shall be deposited into the trial court operations fund
of the county established pursuant to Section 77009, and an amount
equal thereto shall be used exclusively to pay the costs of
automating the court clerk and trial court recordkeeping system or
converting the trial court document system to micrographics, or both.
SEC. 228. Section 68093 of the Government Code is amended to read:
68093. Except as otherwise provided by law, witness' fees for
each day's actual attendance, when legally required to attend a civil
action or proceeding in the superior and municipal courts, are
thirty-five dollars ($35) a day and mileage actually traveled, both
ways, twenty cents ($0.20) a mile.
SEC. 229. Section 68098 of the Government Code is amended to read:
68098. Witness' fees in criminal cases in superior and municipal
courts are charges against the same funds as jurors' fees in such
cases.
SEC. 230. Section 68108 of the Government Code is amended to read:
68108. (a) With respect to the superior and municipal courts, to
the extent that the county's Consolidated Memorandum of Understanding
for county employees designates certain days as unpaid furlough days
for employees assigned to regular positions in the superior and
municipal courts, including all superior court, municipal court, and
county employees assigned to the courts, the courts shall not be in
session on those days except as ordered by the presiding judge upon a
finding by the presiding judge of a judicial emergency as defined in
Chapter 1.1 (commencing with Section 68115). On these furlough
days, although the clerk's office shall not be open to the public,
each court shall permit documents to be filed at a drop box pursuant
to subdivision (b), and an appropriate judicial officer shall be
available to conduct arraignments and examinations as required
pursuant to Section 825 of the Penal Code, and to sign any necessary
documents on an emergency basis.
(b) A drop box shall provide for an automated, official time and
date stamping mechanism or other means of determining the actual date
on which a document was deposited in the drop box.
SEC. 231. Section 68112 of the Government Code is amended to read:
68112. (a) On or before March 1, 1992, each superior and
municipal court in each county, in consultation with the local bar,
shall prepare and submit to the Judicial Council for review and
approval a trial court coordination plan designed to achieve maximum
utilization of judicial and other court resources and statewide cost
reductions in court operations of at least 3 percent in the 1992-93
fiscal year, a further 2 percent in the 1993-94 fiscal year, and a
further 2 percent in the 1994-95 fiscal year, as applicable. The
cost reduction shall be based on the prior year actual expenditures,
plus any amount reduced from the budget for court operations by a
county as a result of any reduction in state funding made pursuant to
Section 13308, increased by the percentage change in population for
the prior calendar year and the Department of Commerce implicit price
deflator for state and local government for the prior calendar year.
The coordination plan for each court shall be reviewed and approved
by the Judicial Council on or before July 1, 1992. Thereafter,
commencing in 1995 and every two years thereafter, courts in each
county shall prepare, in consultation with the local bar, and submit
a trial court coordination plan to the Judicial Council on or before
March 1, for review and approval by July 1. The plans shall comply
with rules promulgated by the Judicial Council and shall be designed
to achieve maximum utilization of judicial and other resources to
accomplish increased efficiency in court operations and increased
service to the public. Any plan disapproved by the Judicial Council
shall be revised and resubmitted within 60 days of notification of
disapproval. The Judicial Council may by rule exempt courts from the
requirement of filing a new coordination plan for any year if all
courts in the county have (1) totally consolidated administrative
functions under a single administrative entity, and (2) adopted and
implemented a coordination plan in which all courts share each other'
s work so that cases in all of the county's courts are substantially
assigned without regard to whether a judge is on the superior court
or the municipal court, and which provides for procedures that
implement that sharing of work.
(b) The coordination plan shall take into consideration the
elements specified in standards and rules adopted by the Judicial
Council and applicable case processing time standards adopted by the
Judicial Council. The standards adopted by the Judicial Council
shall include, but not be limited to, 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, joint use, sharing or merger of court support
staff among trial courts within a county or across counties. In a
county with a population of less than 100,000 the coordination plan
need not involve merger of superior and justice court staffs if the
court can reasonably demonstrate that the maintenance of separate
administrative staffs would be more cost-effective and provide better
service.
(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 separate calendars or divisions 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 to accept for 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 California Constitution.
(10) The joint development of automated accounting and
case-processing systems, including joint use of moneys available
under Section 68090.8.
(c) In preparing coordination plans a court or courts in a county
may petition the Judicial Council to permit division of the court or
courts into smaller administrative units where a courtwide plan would
impose an undue burden because of the number of judges or the
physical location of the divisions of the court or courts.
(d) In preparing coordination plans, the courts are strongly
encouraged to develop a plan that includes all superior and municipal
courts in the county.
SEC. 232. Section 68114 of the Government Code is amended to read:
68114. Notwithstanding any other provision of law, the superior
and municipal court judges participating in a coordination plan
approved pursuant to Section 68112 may select, if the coordination
plan so provides, any one of their number to serve as the single
presiding judge of all the participating courts by a majority vote of
the judges from all courts sitting as a committee of the whole or in
some other manner as set forth in the coordination plan.
The single presiding judge shall have all the powers and duties of
the former presiding judges of each of the participating superior
and municipal courts. The single presiding judge may be empowered by
the coordination plan to sit as the chair of any executive committee
formed by the participating courts as part of their coordination
plan.
SEC. 233. Section 68114.5 of the Government Code is amended to
read:
68114.5. Notwithstanding any other provision of law, the superior
and municipal court judges participating in a coordination plan
approved pursuant to Section 68112 may establish a single executive
committee of judicial officers to oversee, if the coordination plan
so provides, the activities of the participating courts. The
committee shall include representatives of all participating courts
in a manner specified in the coordination plan. The committee shall
have such powers and duties as are delegated to it by each
participating court in the coordination plan, which may include
oversight of the administration of the courts and judicial
activities.
SEC. 234. Section 68114.6 of the Government Code is amended to
read:
68114.6. Notwithstanding any other provision of law, the superior
and municipal court judges participating in a coordination plan
approved pursuant to Section 68112 may appoint, if the coordination
plan so provides, an executive officer to serve as the chief
administrative officer of the participating courts. The executive
officer shall hold office at the pleasure of a majority vote of the
judges from all of the participating courts sitting as a committee of
the whole or as set forth in the coordination plan. The courts
shall fix the qualifications of the executive officer. The salary of
the executive officer shall be fixed by the participating courts and
shall be paid by the county in which the executive officer serves.
Each such position shall be exempt from civil service laws.
The participating courts may delegate to the executive officer any
administrative powers and duties required to be exercised by the
participating courts. The executive officer shall exercise such
administrative powers and perform such other duties as may be
required of him or her by the participating courts. Any executive
officer appointed under this section has the authority of a clerk of
any participating superior or municipal court. The executive officer
shall perform, or supervise the performance of, the duties of a jury
commissioner in the county of any participating superior court. The
executive officer shall supervise the secretaries of the judges of
the participating courts.
Notwithstanding any other provision of law, any participating
superior court may, by local rule, specify which of the powers,
duties, and responsibilities required or permitted to be exercised or
performed by the county clerk in connection with judicial actions,
proceedings, and records shall be exercised or performed by the
executive officer appointed under this section. The county clerk
shall be relieved of any obligation imposed on him or her by law with
respect to these specified powers, duties, and responsibilities, to
the extent the local rule imposes on the executive officer the same
powers, duties, and responsibilities.
Any participating superior court having specific statutory
authorization to appoint an executive or administrative officer may
elect to proceed under its specific authorization or under this
section, but not under both.
SEC. 235. Section 68115 of the Government Code is amended to read:
68115. When war, insurrection, pestilence, or other public
calamity, or the danger thereof, or the destruction of or danger to
the building appointed for holding the court, renders it necessary,
or when a large influx of criminal cases resulting from a large
number of arrests within a short period of time threatens the orderly
operation of a court within a specified county or judicial district,
the presiding judge, or if there is none, the sole judge of the
superior or municipal court, may request and the Chair of the
Judicial Council may, notwithstanding any other provision of law, by
order authorize the court to do one or more of the following:
(a) Hold sessions anywhere within the county.
(b) Transfer civil cases pending in the court to another court in
the county which has jurisdiction of the subject matter.
(c) Transfer civil cases pending trial in the court to a court
having jurisdiction of the subject matter in an adjacent county. No
such transfer shall be made pursuant to this subdivision except with
the consent of all parties to the case or upon a showing by a party
that extreme or undue hardship would result unless the case is
transferred for trial. Any civil case so transferred shall be
integrated into the existing caseload of the court
to which it is transferred pursuant to rules
to be provided by the Judicial Council.
(d) Suspend subdivisions (d), (e), and (f) of Section 199 of the
Code of Civil Procedure relating to competency to act as a juror when
suspension is necessary to obtain a sufficient number of jurors.
(e) After exhausting its own jury panel, draw jurors who reside
within the judicial district from the jury panel of the superior
court in the county, and thereafter, after exhausting that source,
draw jurors from the remainder of the jury panel of the superior
court in the county or from jury panels of any other municipal court
in the county.
(f) Within the affected county during a state of emergency
resulting from a natural or human-made disaster proclaimed by the
President of the United States or by the Governor pursuant to Section
8625 of the Government Code, extend the time period provided in
Section 825 of the Penal Code within which a defendant charged with a
felony offense shall be taken before a magistrate from two days to
not more than seven days, with the number of days to be designated by
the Chair of the Judicial Council. This authorization shall be
effective for 30 days unless it is extended by a new request and a
new order.
(g) Extend the time period provided in Section 859b of the Penal
Code for the holding of a preliminary examination from 10 days to not
more than 15 days.
(h) Extend the time period provided in Section 1382 of the Penal
Code within which the trial must be held by not more than 30 days,
but the trial of a defendant in custody whose time is so extended
shall be given precedence over all other cases.
(i) Within the affected area of a county during a state of
emergency resulting from a natural or human-made disaster proclaimed
by the President of the United States or by the Governor pursuant to
Section 8625 of the Government Code, extend the time period provided
in Sections 632 and 637 of the Welfare and Institutions Code within
which a minor shall be given a detention hearing, with the number of
days to be designated by the Chair of the Judicial Council. The
extension of time shall be for the shortest period of time necessary
under the circumstances of the emergency, but in no event shall the
time period within which a detention hearing must be given be
extended to more than seven days. This authorization shall be
effective for 30 days unless it is extended by a new request and a
new order. This subdivision shall apply only where the minor has
been charged with a felony.
(j) Within the affected county during a state of emergency
resulting from a natural or human-made disaster proclaimed by the
President of the United States or by the Governor pursuant to Section
8625 of the Government Code, extend the time period provided in
Section 657 of the Welfare and Institutions Code within which an
adjudication on a juvenile court petition shall be held by not more
then 15 days, with the number of days to be designated by the Chair
of the Judicial Council. This authorization shall be effective for
30 days unless it is extended by a new request and a new order. This
subdivision shall apply only where the minor has been charged with a
felony.
SEC. 236. Section 68152 of the Government Code is amended to read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:
(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and any renewals, then retain the restraining or
other orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and any
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
(8) Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: seven years.
(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, or 23109 of the Vehicle Code: five years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), or (e) of Section 11357 of the Health and Safety Code,
or subdivision (b) of Section 11360 of the Health and Safety Code in
accordance with the procedure set forth in Section 11361.5 of the
Health and Safety Code: records shall be destroyed two years from
the date of conviction or from the date of arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
(10) Infraction, except as otherwise specified: three years.
(11) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
(3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching
age 21 or five years after jurisdiction over the person has
terminated under subdivision (c) of Section 826 of the Welfare and
Institutions Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
upon reaching age 18 the records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate division of the superior court:
five years.
(j) Other records.
(1) Applications in forma pauperis: same period as period for
retention of the records in the underlying case category.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been
taken in criminal and juvenile proceedings and five years after the
notes have been taken in all other proceedings, except notes
reporting proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
(8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after
final disposition of the case in infraction and misdemeanor
proceedings, 10 years in all other criminal proceedings, and five
years in all other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time
either before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court other
than in a limited civil case: retain permanently.
(13) Judgments within the jurisdiction of the municipal court or
of the superior court in a limited civil case: same period as period
for retention of the records in the underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
(k) Retention of any of the court records under this section shall
be extended as follows:
(1) By order of the court on its own motion, or on application of
a party or any interested member of the public for good cause shown
and on such terms as are just. No fee shall be charged for making
the application.
(2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
SEC. 236.5. Section 68152 of the Government Code is amended to
read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after final disposition of the case in the categories listed:
(a) Adoption: retain permanently.
(b) Change of name: retain permanently.
(c) Other civil actions and proceedings, as follows:
(1) Except as otherwise specified: 10 years.
(2) Where a party appears by a guardian ad litem: 10 years after
termination of the court's jurisdiction.
(3) Domestic violence: same period as duration of the restraining
or other orders and any renewals, then retain the restraining or
other orders as a judgment; 60 days after expiration of the temporary
protective or temporary restraining order.
(4) Eminent domain: retain permanently.
(5) Family law, except as otherwise specified: 30 years.
(6) Harassment: same period as duration of the injunction and any
renewals, then retain the injunction as a judgment; 60 days after
expiration of the temporary restraining order.
(7) Mental health (Lanterman Developmental Disabilities Services
Act and Lanterman-Petris-Short Act): 30 years.
(8) Paternity: retain permanently.
(9) Petition, except as otherwise specified: 10 years.
(10) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(11) Small claims: 10 years.
(12) Unlawful detainer: one year if judgment is for possession of
the premises; 10 years if judgment is for money.
(d) Notwithstanding subdivision (c), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: one year.
(2) Voluntarily dismissed by a party without entry of judgment:
one year.
Notation of the dismissal shall be made on the civil index of
cases or on a separate dismissal index.
(e) Criminal.
(1) Capital felony (murder with special circumstances where the
prosecution seeks the death penalty): retain permanently. If the
charge is disposed of by acquittal or a sentence less than death, the
case shall be reclassified.
(2) Felony, except as otherwise specified: 75 years.
(3) Felony, except capital felony, with court records from the
initial complaint through the preliminary hearing or plea and for
which the case file does not include final sentencing or other final
disposition of the case because the case was bound over to the
superior court: five years.
(4) Misdemeanor, except as otherwise specified: five years.
(5) Misdemeanor alleging a violation of the Vehicle Code, except
as otherwise specified: three years.
(6) Misdemeanor alleging a violation of Section 23103, 23152, or
23153 of the Vehicle Code: seven years.
(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
20002, 23104, or 23109 of the Vehicle Code: five years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(b), (c), (d), or (e) of Section 11357 of the Health and Safety Code,
or subdivision (b) of Section 11360 of the Health and Safety Code in
accordance with the procedure set forth in Section 11361.5 of the
Health and Safety Code: records shall be destroyed two years from
the date of conviction or from the date of arrest if no conviction.
(9) Misdemeanor, infraction, or civil action alleging a violation
of the regulation and licensing of dogs under Sections 30951 to
30956, inclusive, of the Food and Agricultural Code or violation of
any other local ordinance: three years.
(10) Infraction, except as otherwise specified: three years.
(11) Parking infractions, including alleged violations under the
stopping, standing, and parking provisions set forth in Chapter 9
(commencing with Section 22500) of Division 11 of the Vehicle Code:
two years.
(f) Habeas corpus: same period as period for retention of the
records in the underlying case category.
(g) Juvenile.
(1) Dependent (Section 300 of the Welfare and Institutions Code):
upon reaching age 28 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed pursuant to subdivision (c) of
Section 389 of the Welfare and Institutions Code.
(2) Ward (Section 601 of the Welfare and Institutions Code): upon
reaching age 21 or on written request shall be released to the
juvenile five years after jurisdiction over the person has terminated
under subdivision (a) of Section 826 of the Welfare and Institutions
Code. Sealed records shall be destroyed upon court order five years
after the records have been sealed under subdivision (d) of Section
781 of the Welfare and Institutions Code.
(3) Ward (Section 602 of the Welfare and Institutions Code): upon
reaching age 38 under subdivision (a) of Section 826 of the Welfare
and Institutions Code. Sealed records shall be destroyed upon court
order when the subject of the record reaches the age of 38 under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
(Section 601 of the Welfare and Institutions Code): upon reaching
age 21 or five years after jurisdiction over the person has
terminated under subdivision (c) of Section 826 of the Welfare and
Institutions Code. May be microfilmed or photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
upon reaching age 18 the records shall be destroyed.
(h) Probate.
(1) Conservatorship: 10 years after decree of termination.
(2) Guardianship: 10 years after the age of 18.
(3) Probate, including probated wills, except as otherwise
specified: retain permanently.
(i) Court records of the appellate division of the superior court:
five years.
(j) Other records.
(1) Applications in forma pauperis: any time after the
disposition of the underlying case.
(2) Arrest warrant: same period as period for retention of the
records in the underlying case category.
(3) Bench warrant: same period as period for retention of the
records in the underlying case category.
(4) Bond: three years after exoneration and release.
(5) Coroner's inquest report: same period as period for retention
of the records in the underlying case category; if no case, then
permanent.
(6) Court orders not associated with an underlying case, such as
orders for destruction of court records for telephone taps, or to
destroy drugs, and other miscellaneous court orders: three years.
(7) Court reporter notes: 10 years after the notes have been
taken in criminal and juvenile proceedings and five years after the
notes have been taken in all other proceedings, except notes
reporting proceedings in capital felony cases (murder with special
circumstances where the prosecution seeks the death penalty and the
sentence is death), including notes reporting the preliminary
hearing, which shall be retained permanently, unless the Supreme
Court on request of the court clerk authorizes the destruction.
(8) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court: any time after
final disposition of the case in infraction and misdemeanor
proceedings, 10 years in all other criminal proceedings, and five
years in all other proceedings.
(9) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court: any time
either before or after final disposition of the case.
(10) Index, except as otherwise specified: retain permanently.
(11) Index for cases alleging traffic violations: same period as
period for retention of the records in the underlying case category.
(12) Judgments within the jurisdiction of the superior court other
than in a limited civil case: retain permanently.
(13) Judgments within the jurisdiction of the municipal court or
of the superior court in a limited civil case: same period as period
for retention of the records in the underlying case category.
(14) Minutes: same period as period for retention of the records
in the underlying case category.
(15) Naturalization index: retain permanently.
(16) Ninety-day evaluation (under Section 1203.03 of the Penal
Code): same period as period for retention of the records in the
underlying case category, or period for completion or termination of
probation, whichever is longer.
(17) Register of actions or docket: same period as period for
retention of the records in the underlying case category, but in no
event less than 10 years for civil and small claims cases.
(18) Search warrant: 10 years, except search warrants issued in
connection with a capital felony case defined in paragraph (7), which
shall be retained permanently.
(k) Retention of any of the court records under this section shall
be extended as follows:
(1) By order of the court on its own motion, or on application of
a party or any interested member of the public for good cause shown
and on such terms as are just. No fee shall be charged for making
the application.
(2) Upon application and order for renewal of the judgment to the
extended time for enforcing the judgment.
SEC. 237. Section 68202.5 of the Government Code is repealed.
SEC. 238. Section 68206.2 of the Government Code is amended to
read:
68206.2. (a) On and after January 1, 1990, the state shall
reimburse each small county which is not an option county under the
Brown-Presley Trial Court Funding Act (Chapter 12 (commencing with
Section 77000) of this title), for the cost of salary and per diem
for any substitute judge assigned to replace a judge disqualified
from acting as a judge while there is pending a recommendation to the
Supreme Court by the Commission on Judicial Performance for removal
or retirement of the judge pursuant to subdivision (a) of Section 18
of Article VI of the California Constitution, beginning with the
salary and per diem for the seventh month following the
disqualification.
(b) For purposes of this section, a "small county" is one which
has a total of nine or fewer superior and municipal court judges.
SEC. 239. Section 68505 of the Government Code is amended to read:
68505. The county clerks and clerks of all courts of record shall
cooperate with the Judicial Council. They shall keep such records
and make such reports to the council, in such manner and at such
times, as the Chair of the Judicial Council requires, respecting the
condition and manner of disposal of judicial business in their
respective courts.
SEC. 240. 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 other than limited civil cases 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. 241. Section 68540 of the Government Code is amended to read:
68540. The state shall pay the additional compensation of a judge
of a municipal court assigned to a superior court.
SEC. 242. Section 68541 of the Government Code is repealed.
SEC. 243. Section 68542 of the Government Code is amended to read:
68542. The expenses for travel, board, and lodging of each judge
assigned to a superior or municipal court in a county other than that
in which he or she regularly sits shall be paid by the state under
the rules adopted by
the Board of Control which are applicable to officers of the state
provided for in Article VI of the California Constitution while
traveling on official state business.
SEC. 244. Section 68542.5 of the Government Code is amended to
read:
68542.5. Any judge of a superior or municipal court sitting in
another court in the same county under assignment by the Chair of the
Judicial Council shall receive from such county the amount of actual
and necessary traveling expenses incurred while traveling between
home and the courtroom unless the courtrooms are within five miles of
each other.
SEC. 245. Section 68546 of the Government Code is amended to read:
68546. If the Chair of the Judicial Council assigns a judge of a
municipal court in a county to sit on the superior court of the same
county, the presiding judge of the municipal court may, with the
consent of the presiding judge of the superior court, also assign the
court reporter, deputy clerk and deputy marshal, or any of them, of
the municipal court from which that judge is assigned to act as court
reporter, deputy clerk and deputy sheriff, respectively, for the
superior court during the period for which the judge is assigned.
During the period for which the court reporter, deputy clerk, or
deputy marshal is assigned, they shall receive the same salary as a
court reporter, deputy clerk, or deputy sheriff, respectively, for
the superior court. If there be no presiding judge, the senior or
sole judge may make or consent to the assignment of the attaches.
This section shall not apply to the assignment of the deputy clerk or
deputy marshal in any county until the board of supervisors by
ordinance has adopted its provisions. An ordinance is not required
where the deputy clerk and deputy marshal consent to serve as part of
their regular duties without additional compensation.
SEC. 245.4. Section 68547 of the Government Code, as amended by
Chapter 850 of the Statutes of 1997, 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, 2000, unless a
later enacted statute enacted before that date extends or deletes
that date.
SEC. 245.5. Section 68547 of the Government Code, as amended by
Chapter 146 of the Statutes of 1998, is amended 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
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.
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, 2000.
SEC. 246. Section 68551 of the Government Code is amended to read:
68551. The Judicial Council is authorized to conduct institutes
and seminars from time to time, either regionally or on a statewide
basis, for the purpose of orienting judges to new judicial
assignments, keeping them informed concerning new developments in the
law and promoting uniformity in judicial procedure. Such institutes
and seminars shall include, without being limited thereto,
consideration of juvenile court proceedings, sentencing practices in
criminal cases and the handling of traffic cases. Actual and
necessary expenses incurred by superior and municipal court judges at
any such institute or seminar shall be a charge against the county
to the extent that funds are available therefor.
SEC. 247. Section 68620 of the Government Code is amended to read:
68620. (a) Operative July 1, 1992, each municipal court shall
establish a delay reduction program in consultation with the local
bar that is consistent with the provisions of this article. In its
discretion, the Judicial Council may assist in the development of, or
may develop and adopt, any or all procedures, standards, or policies
for a delay reduction program in municipal and justice courts on a
statewide basis which are consistent with the provisions of the Trial
Court Delay Reduction Act.
(b) Actions and proceedings subject to the provisions of Chapter
5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the
Code of Civil Procedure or provisions of Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure
shall not be assigned to or governed by the provisions of any delay
reduction program established pursuant to the section.
(c) It is the intent of the Legislature that the civil discovery
in actions and proceedings subject to a program established pursuant
to Article 2 (commencing with Section 90) of Chapter 5 of Title 1 of
Part 1 of the Code of Civil Procedure shall be governed by the times
and procedures specified in that article. Civil discovery in these
actions and proceedings shall not be affected by the provisions of
any delay reduction program adopted pursuant to this section.
SEC. 248. Section 68902 of the Government Code is amended to read:
68902. Such opinions of the Supreme Court, of the courts of
appeal, and of the appellate divisions of the superior courts as the
Supreme Court may deem expedient shall be published in the official
reports. The reports shall be published under the general
supervision of the Supreme Court.
SEC. 249. Section 69510 of the Government Code is amended to read:
69510. A majority of the judges of a superior court may order
sessions of the court to be held at any place where a municipal court
holds sessions within the county or, in a county in which there is
no municipal court, where there is a court facility. The order shall
be filed with the county clerk and published as the judges may
prescribe.
SEC. 250. Section 69741.7 of the Government Code is repealed.
SEC. 251. Section 69744.5 of the Government Code is amended to
read:
69744.5. When the judge, or a majority of the judges, of the
superior court deem it necessary or advisable, by order filed with
the county clerk and published as the judge or judges prescribe, the
judge or judges may direct that the court be held at least once a
week at any designated place in the county, not less than 45 miles
distant from the county seat, measured by air line. The place
designated shall be within a judicial district, or former district in
a county in which there is no municipal court, composed wholly of
unincorporated territory, with a population of more than 40,000 as
determined pursuant to Section 71043. The judge or a majority of the
judges may limit the type of judicial proceedings which may be heard
by the court at such place to probate matters and matters relating
to domestic relations.
SEC. 252. Section 69746.5 of the Government Code is amended to
read:
69746.5. In a county of the 14th class, at least one session of
the superior court may be held at a location designated by the board
of supervisors which is not less than 40 miles, nor more than 50
miles, from the site of the county courthouse. However, at such time
on or after July 1, 1990, as the board of supervisors finds that
there are sufficient funds for this purpose, the board of supervisors
shall designate a location therefor which is within a judicial
district, or former district in a county in which there is no
municipal court, with a population of more than 40,000 as determined
pursuant to Section 71043.
SEC. 253. Section 69753 of the Government Code is amended to read:
69753. (a) Notwithstanding any other provision of this code, the
presiding or sole judge of a superior court may, if the session is
held in furtherance of a coordination plan approved under Section
68112 or in the absence of a timely objection in a civil case or
proceeding or with the express consent of the parties in a criminal
action, direct that a session of the court be held at any place in
the county where a municipal court regularly conducts sessions, if:
(1) The judge presiding at the superior court session is a judge
of a municipal court or a retired judge assigned to serve as a
superior court judge under Section 6 of Article VI of the California
Constitution.
(2) The presiding or sole judge of the municipal court has
informed the presiding judge of the superior court that the superior
court session will not interfere with the normal conduct of municipal
court business.
(b) The Judicial Council shall provide by rule for the timely
filing of any objection to hearing a civil matter at a municipal
court location, and for obtaining the consent of the parties in a
criminal action.
SEC. 254. Section 69957 of the Government Code is amended to read:
69957. Whenever the services of an official reporter of the
superior court are not required in the actual prosecution of the
business of the court within the purview of the duties of such
reporter as an official reporter of the superior court, the presiding
judge of the superior court may, if so requested by the presiding
judge of any municipal court judge within the county, assign any such
official reporter of the superior court to act pro tempore as an
official reporter of the municipal court within the same county. Any
such assignment shall be subject to the provisions of Article 5
(commencing with Section 72190) of Chapter 8 of Title 8 of this code.
SEC. 255. Section 70140 is added to the Government Code, to read:
70140. (a) Except as provided in subdivision (b) and
notwithstanding any other provision of law, the superior court in any
county with a unified superior court pursuant to subdivision (e) of
Section 5 of Article VI of the California Constitution may establish
the salary of a former municipal court commissioner or referee at a
salary not to exceed that of a superior court commissioner in that
court, other than a commissioner established pursuant to subdivision
(e) of Section 70141, subject to certification by the court that it
is able to support the proposed salary levels within the court's
current allocation. In a county where no superior court commissioner
or referee existed, other than a commissioner established pursuant
to subdivision (e) of Section 70141, prior to the unification of the
superior and municipal courts, the salary of a commissioner or
referee shall be set at a rate not to exceed the percentage of a
superior court judge's salary that the commissioner or referee
received of a municipal court judge's salary prior to unification.
(b) No commissioner shall have his or her current salary reduced
below that salary in effect on June 1, 1998, by application of this
section.
SEC. 255.5. Section 70141 of the Government Code is amended to
read:
70141. (a) To assist the court in disposing of its business
connected with the administration of justice, the superior court of
any city and county may appoint not exceeding 10 commissioners, and
the superior court of every county, except a county with a population
of 4,000,000 or over, may appoint one commissioner. Each person so
appointed shall be designated as "court commissioner" of the county.
(b) In addition to the court commissioners authorized by
subdivision (a) or any other provision of law, either the superior
court or the municipal court, but not both, of any county or city and
county may appoint one additional commissioner, at the same rate of
compensation as the other commissioner or commissioners for that
court, upon adoption of a resolution by the board of supervisors
pursuant to subdivision (c).
(c) The county or city and county shall be bound by, and the
resolution adopted by the board of supervisors shall specifically
recognize, the following conditions:
(1) The county or city and county has sufficient funds for the
support of the position and any staff who will provide direct support
to the position, agrees to assume any and all additional costs that
may result therefrom, and agrees that no state funds shall be made
available, or shall be used, in support of this position or any staff
who provide direct support to this position.
(2) The additional commissioner shall not be deemed a judicial
position for purposes of calculating trial court funding pursuant to
Section 77202.
(3) The salary for this position and for any staff who provide
direct support to this position shall not be considered as part of
court operations for purposes of Sections 77003 and 77204.
(4) The county or city and county agrees not to seek funding from
the state for payment of the salary, benefits, or other compensation
for such a commissioner or for any staff who provide direct support
to such a commissioner.
(d) The court may provide that the additional commissioner may
perform all duties authorized for a commissioner of that court in the
county. In a county or city and county that has undertaken a
consolidation of the trial courts, the additional commissioner shall
be appointed by the superior or municipal courts pursuant to the
consolidation agreement.
(e) In addition to the court commissioners authorized by
subdivisions (a) and (b), the superior court of any county or city
and county shall appoint additional commissioners pursuant to
Sections 4251 and 4252 of the Family Code. These commissioners shall
receive a salary equal to 85 percent of a superior court judge's
salary. These commissioners shall not be deemed a court operation
for purposes of Section 77003.
SEC. 256. Chapter 5.1 (commencing with Section 70200) of Title 8
of the Government Code is repealed.
SEC. 257. Chapter 5.1 (commencing with Section 70200) is added to
Title 8 of the Government Code, to read:
CHAPTER 5.1. UNIFICATION OF MUNICIPAL AND SUPERIOR COURTS
Article 1. Unification Voting Procedure
70200. (a) The municipal and superior courts in a county shall be
unified on a majority vote of superior court judges and a majority
vote of municipal court judges in the county, pursuant to the
procedures provided in this article.
(b) The vote shall be conducted by the Judicial Council or, if
authorized by the Judicial Council, the county's registrar of voters.
(c) The Judicial Council may adopt rules not inconsistent with
this article for the conduct of the vote, including but not limited
to rules governing the frequency of vote calls, manner of voting,
duration of the voting period, and selection of the operative date of
unification.
70201. (a) The Judicial Council or registrar of voters shall
certify the results of a vote to unify the municipal courts and the
superior courts in a county.
(b) Unification of the municipal and superior courts in a county
requires an affirmative vote of a majority of all superior court
judges in the county eligible to vote and a majority of all municipal
court judges in the county eligible to vote.
(c) On certification, a vote in favor of unification of the
municipal and superior courts in a county is final and may not be
rescinded or revoked by a subsequent vote.
70202. Unification of the municipal and superior courts in a
county shall occur on the earlier of the date specified in the
unification vote or 180 days following certification of the vote for
unification.
Article 2. Transitional Provisions for Unification
70210. The Judicial Council shall adopt rules of court not
inconsistent with statute for:
(a) The orderly conversion of proceedings pending in municipal
courts to proceedings in superior courts, and for proceedings
commenced in superior courts on and after the date the municipal and
superior courts in a county are unified.
(b) Selection of persons to coordinate implementation activities
for the unification of municipal courts with superior courts in a
county, including:
(1) Selection of a presiding judge for the unified superior court.
(2) Selection of a court executive officer for the unified
superior court.
(3) Appointment of court committees or working groups to assist
the presiding judge and court executive officer in implementing
unification.
(c) The authority of the presiding judge, in conjunction with the
court executive officer and appropriate individuals or working groups
of the unified superior court, to act on behalf of the court to
implement unification.
(d) Preparation and submission of a written personnel plan to the
judges of a unified superior court for adoption.
(e) Preparation of local court rules necessary to facilitate the
orderly conversion of proceedings pending in municipal courts to
proceedings in superior courts, and for proceedings commenced in
superior courts on and after the date the municipal and superior
courts in a county are unified. These rules shall, on the date the
municipal and superior courts in a county are unified, be the rules
of the unified superior court.
(f) Other necessary activities to facilitate the transition to a
unified superior court.
70211. When the municipal and superior courts in a county are
unified:
(a) The judgeships in each municipal court in that county are
abolished and the previously selected municipal court judges become
judges of the superior court in that county. Until revised by
statute, the total number of judgeships in the unified superior court
shall equal the previously authorized number of judgeships in the
municipal court and superior court combined.
(b) The term of office of a previously selected municipal court
judge is not affected by taking office as a judge of the superior
court. A previously selected municipal court judge is entitled to
hold office for the same time period as if the judge had remained a
judge of the municipal court. Until a previously selected municipal
court judge leaves office or a successor is elected and qualifies,
the time for election of a successor shall be governed by the law
otherwise applicable to selection of municipal court judges.
Thereafter, selection of a successor to the office shall be governed
by the law governing selection of superior court judges.
(c) The 10-year membership or service requirement of Section 15 of
Article VI of the California Constitution does not apply to a
previously selected municipal court judge.
70212. Except as provided by statute to the contrary, in a county
in which the municipal and superior courts become unified, the
following shall occur automatically in each preexisting municipal and
superior court:
(a) Previously selected officers (including subordinate judicial
officers), employees, and other personnel who serve the court become
the officers and employees of the superior court.
(b) Preexisting court locations are retained as superior court
locations.
(c) Preexisting court records become records of the superior
court.
(d) Pending actions, trials, proceedings, and other business of
the court become pending in the superior court under the procedures
previously applicable to the matters in the court in which the
matters were pending.
(e) Matters of a type previously subject to rehearing by a
superior court judge remain subject to rehearing by a superior court
judge, other than the judge who originally heard the matter.
(f) Penal Code procedures that necessitate superior court review
of, or action based on, a ruling or order by a municipal court judge
shall be performed by a superior court judge other than the judge who
originally made the ruling or order.
(g) Subpoenas, summons of jurors, and other process issued by the
court shall be enforceable by the superior court.
(h) The superior court and each judge of the superior court has
all the powers and shall perform all of the acts that were by law
conferred on, or required of, any court superseded by the superior
court and any judge of the superseded court, and all laws applicable
to the superseded court not inconsistent with the statutes governing
unification of the municipal and superior courts apply to the
superior court and to each judge of the court.
70213. (a) In a county in which the municipal and superior courts
become unified, until revised by the Judicial Council, forms for
proceedings within the jurisdiction of municipal courts may be used
as if the proceedings were in a municipal court.
(b) The Judicial Council may adopt rules resolving any problem
that may arise in the conversion of statutory references from the
municipal court to the superior court in a county in which the
municipal and superior courts become unified.
70214. When the municipal and superior courts in a county are
unified:
(a) Until revised by statute, the total number of authorized court
commissioners in the unified superior court shall equal the
previously authorized number of court commissioners in the municipal
court and superior court combined.
(b) Until revised by statute, the total number of authorized
traffic referees or traffic trial commissioners in the unified
superior court shall equal the previously authorized number of court
traffic referees or traffic trial commissioners in the municipal
court.
(c) The superior court or its judges may make appointments
previously authorized to be made by a municipal court or its judges.
(d) Commissioners and referees of the unified superior court shall
have all of the powers and authority of commissioners and referees
of superior courts and of municipal courts.
70215. This article and other statutes governing unification of
the municipal and superior courts in a county shall prevail over any
inconsistent statutes otherwise applicable to the municipal or
superior courts in the county, including, but not limited to,
statutes governing the number of judges, selection of a presiding
judge, selection of a court executive officer, and employment of
officers (including subordinate judicial officers), employees, and
other personnel who serve the court.
70216. (a) If unification of the municipal and superior courts
within a county occurs during an election for the office of municipal
court judge, the conduct of the direct primary election and general
election shall be governed by the law otherwise applicable to the
election of a municipal court judge.
(b) A judge elected pursuant to this section shall be deemed to be
a previously selected municipal court judge within the meaning of
subdivision (b) of Section 23 of Article VI of the California
Constitution.
(c) As used in this section, "during an election" means during the
period beginning on the 127th day before a direct primary election
and ending on the day of the general election.
70217. On unification of the municipal and superior courts in a
county, until adoption of a written personnel plan by the judges of
the unified superior court and approval of the plan by the
Legislature:
(a) Upon unification, previously selected officers, employees, and
other personnel who serve the courts shall become the officers,
employees, and other personnel of the unified superior court at their
existing or equivalent classifications, and at their existing
salaries and benefits that include, but are not limited to, accrued
and unused vacation, sick leave, personal leave, health and pension
plans.
(b) Permanent employees of the municipal and superior courts on
the effective date of unification shall be deemed qualified, and no
other qualifications shall be required for employment or retention.
Probationary employees on the effective date of unification shall
retain their probationary status and rights, and shall not be deemed
to have transferred so as to require serving a new probationary
period.
(c) Employment seniority of an employee of the municipal or
superior courts on the effective date of unification shall be counted
toward seniority in the unified superior court, and all time spent
in the same, equivalent, or higher classification shall be counted
toward classification
seniority.
(d) No officer or employee with peace officer status shall lose
that status as a result of unification, and any officer or employee
authorized to perform notice and process services or court security
services in the municipal court is authorized to perform those
services in the unified superior court.
70218. When the municipal and superior court in a county are
unified:
(a) Sections 3501.5, 68650, 68651, 68652, 68653, 68654, and 68655
shall be fully applicable to the county and unified superior court.
(b) Sections 2201 to 2210, inclusive, of the California Rules of
Court shall remain in effect and shall be fully applicable to the
county and unified superior court.
(c) An employee organization that has been previously recognized
as a representative of a group of court employees or the exclusive
representative of an established appropriate bargaining unit of court
employees, either by the county or municipal court or superior court
shall continue to be recognized as a representative or the exclusive
representative of the same employees of the county or unified
superior court.
(d) An existing memorandum of understanding or agreement between
the county, a municipal court, or a superior court shall remain in
effect and be fully binding on the county, the unified superior
court, and the employee organization involved for the term of the
agreement. However, in the event of an election held under paragraph
(2) of subdivision (f), a memorandum of understanding or agreement
with an employee organization that is no longer recognized as the
exclusive representative shall continue in effect and be administered
by the employee organization that receives a majority of votes in
the election and is certified or recognized pursuant to paragraph (2)
of subdivision (f), provided that the memorandum of understanding or
agreement shall be subject to reopening on request of either the
unified superior court or the newly certified or recognized employee
organization, provided that no changes in that memorandum of
understanding or agreement may be made during its term without mutual
agreement of the unified superior court and the newly certified or
recognized employee organization, and (2) a memorandum of
understanding or agreement with an employee organization that
receives a majority of votes in the election shall remain in full
force and effect until its expiration or until replaced by a
subsequent memorandum of understanding or agreement.
(e) Nothing in this article shall disturb or affect any court- or
county-established appropriate bargaining unit or memorandum of
understanding or agreement between an employee organization and a
county or court, unless subdivision (f) applies.
(f) (1) Where there is more than one employee organization that
has been previously recognized as the exclusive representative of
employees of the municipal court and the superior court, the county
and the unified superior court shall continue to recognize each
exclusive representative of each bargaining unit and shall continue
to be bound by any existing memorandum of understanding or agreement
covering those employees for a period not to exceed 225 days from
date of unification, pending the exhaustion of the election procedure
set forth in paragraph (2). Any conflicts in the existing
agreements as to wages and other terms and conditions of employment
shall be subject to negotiation between the county or unified
superior court and each of the exclusive representatives.
(2) If after unification it is determined that two or more
exclusive representatives seek to represent employees in a single
appropriate bargaining unit, the unified superior court shall conduct
a representation election in accordance with Sections 2201 to 2210,
inclusive, of the California Rules of Court. With respect to this
process (A) the unified court shall meet and confer with all
incumbent exclusive representatives regarding the establishment of
appropriate bargaining units, (B) the county or unified superior
court shall maintain a neutral position as to the competing employee
organizations in the election, (C) the employee organization shall be
certified or recognized as the exclusive bargaining representative
upon receiving a majority of the votes cast in the representation
election, (D) the election of an exclusive representative shall be
conducted no later than 180 days from the effective date of
unification or the effective date of this subparagraph, whichever
comes later, and (E) the certification or recognition of an exclusive
representative shall be complete no later than 45 days from the date
of the election.
(g) This section applies to all unified superior courts, and the
counties and employee organizations involved, beginning on the date
of unification.
70219. On submission by the California Law Revision Commission of
its report to the Governor and Legislature pursuant to Resolution
Chapter 102 of the Statutes of 1997 recommending statutory changes
that may be necessitated by court unification, the Judicial Council
and the California Law Revision Commission shall study and make
recommendations to the Governor and Legislature on the issues
identified in the report as appropriate for future study, including
consideration of the experience in counties in which the courts have
unified. Each agency shall assume primary or joint responsibility
for the studies and recommendations as outlined in the report, and
each agency shall consult with the other in the studies and
recommendations. This section does not limit any authority of the
Judicial Council or the California Law Revision Commission to conduct
studies and make recommendations authorized or directed by law.
SEC. 258. The heading of Chapter 6 (commencing with Section 71001)
of Title 8 of the Government Code is amended to read:
CHAPTER 6. PROVISIONS RELATING TO MUNICIPAL COURTS
SEC. 259. Section 71002 of the Government Code is amended to read:
71002. The board of supervisors shall provide suitable quarters
for the municipal courts, including heating, lighting, and janitorial
services, and shall supply them with furniture, books, and supplies
necessary for carrying out their duties, including supplies and
equipment for the preparation and maintenance of duplicate records of
the court or a division of the court when sessions are held at more
than one place.
SEC. 260. Section 71004 of the Government Code is amended to read:
71004. Whenever by law any power is conferred, or duty imposed,
upon a clerk of any court superseded by a municipal court, the person
discharging the same or similar duties in the municipal court has
the same power and duty with respect to the office in the municipal
court.
SEC. 261. Section 71010 of the Government Code is amended to read:
71010. (a) A board of supervisors may authorize a management
review of a municipal court in that county. The board shall select
the agency to perform the review.
(b) At least 30 days before the scheduled beginning of the
management review, the board shall notify the presiding judge of the
court to be reviewed of the review and of the identity of the
reviewing agency selected by the board. The court may object to the
board's choice of a reviewing agency within 30 days of this
notification.
(c) If the court does object to the board's choice, the board and
the court shall, within 30 days of the objection, select a reviewing
agency acceptable to both board and court. If the board and court
fail to agree on a reviewing agency within the 30 days, the
management review shall not take place.
(d) Management reviews conducted pursuant to this section shall
not infringe on the judicial duties or the decisions of the court
which is the subject of the review. Recommendations resulting from
such reviews shall not infringe on the judicial duties or the
decisions of the court which is the subject of the review and shall
be advisory only. The reviewing agency shall have no power of
enforcement.
SEC. 262. Section 71040 of the Government Code is amended to read:
71040. As public convenience requires, the board of supervisors
shall divide the county into judicial districts for the purpose of
electing judges and other officers of municipal courts, and may
change district boundaries and create other districts. No city or
city and county shall be divided so as to lie within more than one
district.
SEC. 263. Section 71042.5 of the Government Code is amended to
read:
71042.5. Notwithstanding any other provision of law, upon
consolidation of judicial districts or unification of municipal and
superior courts in a county, the territory embraced within the
respective prior component judicial districts shall be separate
judicial districts for the purpose of publication within a judicial
district.
SEC. 264. Section 71045 of the Government Code is amended to read:
71045. Each judicial district shall be named by the board of
supervisors of the county in which it is situated, and the municipal
court established in the district shall be designated by that name.
The board of supervisors shall select a name which as nearly as
possible identifies the communities embraced in the district.
SEC. 265. Section 71080 of the Government Code is amended to read:
71080. (a) Upon the establishment of a municipal court, the
judges of existing municipal courts in any city, township, or
judicial subdivision situated wholly or partly in the district or
city and county for which a municipal court is established shall, if
eligible, become the judges of the municipal court until the election
or appointment and qualification of their successors. The time for
election and qualification of their successors shall be that
previously fixed for the election and qualification of their
successors for the court and office superseded, had such courts not
been superseded, but in no event shall that election of successors be
held within 10 months of succession to the office of the new court.
(b) If the number of eligible incumbent judges who have not filed
a written statement with the county elections official disclaiming
their desire to succeed to office exceeds the number of judicial
offices provided by law for the municipal court, the incumbents shall
not automatically succeed to judicial positions in the municipal
court, and the existing courts shall continue to function within the
district until the first judge or judges of the municipal court are
elected by the qualified electors of the district at the first
statewide general election held following the expiration of 90 days
and qualify.
In any election for the first judge or judges of that municipal
court, only those incumbents may appear on the ballot and be elected,
and Article 1 (commencing with Section 8200) of Chapter 2 of
Division 8 of the Elections Code shall not apply. If only one
incumbent is to be elected, the incumbent receiving the highest
number of votes cast shall be declared elected. If two or more
incumbents are to be elected, those incumbents equal in number to the
number to be elected who receive the highest number of votes for the
office shall be declared elected. The incumbents elected shall
become the judges of the municipal court until the election or
appointment and qualification of their successors. The time for
election and qualification of their successors shall be that
previously fixed for the election and qualification of their
successors for the court and office superseded, had the courts not
been superseded, but in no event shall that election of successors be
held within 10 months of succession to the office of the new court.
SEC. 266. Section 71080.5 of the Government Code is repealed.
SEC. 267. Section 71080.6 of the Government Code is repealed.
SEC. 268. Section 71080.7 of the Government Code is repealed.
SEC. 269. Section 71083 of the Government Code is amended to read:
71083. Whenever the territory of a judicial district (herein
called the annexed district) is annexed to a judicial district
theretofore having a municipal court (herein called the annexing
district), a judge of a court partly or wholly superseded thereby
shall, if eligible, succeed to the first vacant judgeship on such
municipal court, whether such vacancy then exists or occurs within
two years thereafter through the creation of a new judgeship or
otherwise, if any one of the following subdivisions apply:
(a) All of the territory of the annexed district is annexed to the
annexing district.
(b) A part of the territory of the annexed district is annexed to
the annexing district and in such part more than 10 percent of the
residents of the annexed district reside, as determined prior to the
annexation.
Whenever part of an annexed district is annexed to an annexing
district and because of the application of this subdivision, a judge
of the annexed district becomes entitled to succeed to a vacant
judgeship as above provided, no subsequent annexation of all or part
of the remainder of the annexed district to the same annexing
district shall entitle any judge of the annexed district to succeed
to a vacant judgeship in the annexing district.
Whenever all of the territory of a judicial district is annexed to
two or more judicial districts both or all of which theretofore have
a municipal court, a judge of the court wholly superseded thereby
shall, if eligible, succeed to the first vacant judgeship on any such
municipal court, whether such vacancy then exists or occurs within
two years thereafter through the creation of a new judgeship or
otherwise.
Whenever the number of judges entitled to succeed as above
provided exceeds the number of vacant judgeships on such municipal
court, the order of their succession shall be determined as follows:
by seniority as a judge within the territory annexed, and, in the
case of successive annexations, within the territory annexed at the
earlier date; and, in any remaining case, by lot between them.
Any judge entitled to succeed as above provided shall declare an
acceptance of the judgeship for which a vacancy exists or occurs
within 30 days of the date of annexation if the vacancy exists upon
the date of annexation or, if no such vacancy then exists, within 30
days of the occurrence of the vacancy later occurring.
This section, as amended at the 1959 Regular Session of the
Legislature, applies to annexations occurring before or after the
effective date of the amendment to this section enacted at the 1959
Regular Session of the Legislature.
SEC. 270. Section 71084 of the Government Code is repealed.
SEC. 271. Section 71085 of the Government Code is amended to read:
71085. (a) The clerk, or chief clerical officer by whatever name
known, the marshal, or similar official, their deputies and attaches,
and all other officers or employees of each court wholly or partly
superseded by a municipal court, shall become the clerk, the marshal,
their deputies and attaches, and officers or employees of that
municipal court upon its organization, so far as those positions are
provided by law. If no provision is made by law for officers and
employees of a municipal court, there shall be the officers and
employees for that court specified in subdivision (b). They shall
receive compensation for their services fixed by the judge, if there
are one or more other municipal courts in the county in which the
court is established, at a rate comparable to but not greater than
that provided by law for comparable officers and employees in any
other municipal court in the county. If there is no other municipal
court in the county in which the court is established, the officers
and employees of the court shall receive the compensation for their
services fixed by the judge within the ranges provided below until
express provision has been made for officers and employees of the
court, except that if any officer or employee was receiving
compensation in a superseded justice court greater than the maximum
range provided in this section for a comparable position in the
municipal court, he or she shall continue to receive that
compensation until express provision has been made by law for
officers and employees of that municipal court. The interim
compensation fixed by the judge shall be effective only until the
61st day after final adjournment of the next succeeding regular
session of the Legislature.
(b) There shall be one clerk of the court who shall receive a
monthly salary in the following range: six hundred dollars ($600),
six hundred fifty dollars ($650), seven hundred dollars ($700).
The clerk may appoint with the approval of the judge as many
deputies as may be necessary who shall receive a monthly salary in
the following range: three hundred fifty dollars ($350), three
hundred seventy-five dollars ($375), four hundred dollars ($400),
four hundred twenty-five dollars ($425), four hundred fifty dollars
($450), four hundred seventy-five dollars ($475), five hundred
dollars ($500).
There shall be one marshal. His or her monthly salary shall be in
the following range: five hundred dollars ($500), five hundred
fifty dollars ($550), six hundred dollars ($600).
The marshal may appoint with the approval of the judge as many
deputy marshals as may be necessary. The monthly salary of a deputy
marshal shall be in the following range: four hundred dollars
($400), four hundred fifty dollars ($450), five hundred dollars
($500), five hundred fifty dollars ($550).
The judge of an existing court who does not succeed to judicial
office shall be deemed to be a clerk or chief clerical officer within
the meaning of this section.
SEC. 272. Section 71087 of the Government Code is repealed.
SEC. 273. Section 71088 of the Government Code is amended to read:
71088. Any police officer appointed and acting as bailiff in any
court superseded by a municipal court shall be deemed to be appointed
ex officio a deputy marshal subject to the same conditions under
which he or she was first appointed, without prejudice to his or her
rights by virtue of employment as police officer.
SEC. 274. Section 71091 of the Government Code is amended to read:
71091. If it appears that two or more clerks, marshals, deputies,
and other officers or attaches are equally entitled by virtue of the
office held in any superseded court, to any one office in the
municipal court, the judge, a majority of the judges, or the judge
senior in service when there is an equal division of the judges shall
determine which person is entitled to the office in which the
conflict exists.
SEC. 275. Section 71091.1 of the Government Code is repealed.
SEC. 276. Section 71092 of the Government Code is amended to read:
71092. So far as practical, upon the organization of the court,
the clerks, deputies, and attaches or employees of the superseded
court shall be assigned to positions in the municipal court similar
in duties and compensation to the positions held in the superseded
court.
SEC. 277. Section 71093 of the Government Code is amended to read:
71093. Every person who succeeds to any office or position in the
municipal court pursuant to the Municipal and Justice Court Act of
1949, or the provisions of law succeeding that act, is entitled to
all of the benefits and privileges, not inconsistent with such act or
provisions of law, which attached to such person by virtue of an
office or position in any superseded court.
SEC. 278. Section 71094 of the Government Code is amended to read:
71094. Continuous employment in a court superseded by a municipal
court, or in a court previously superseded by such superseded court,
of the officers and attaches of such superseded court who succeed to
positions in a municipal court pursuant to the Municipal and Justice
Court Act of 1949, or the provisions of law succeeding that act,
shall be considered as prior service within the definition of that
term in any retirement or pension system adopted which includes
municipal court officers and attaches.
SEC. 279. Section 71095 of the Government Code is amended to read:
71095. All actions pending in, and records of, every municipal
court in any city, city and county, township, or judicial subdivision
situated wholly within a district for which a municipal court is
established shall, upon the supersedure of such existing court, be
transferred to and become cases pending in and records of the
municipal court. All actions pending in, and records of, an existing
court in any township or judicial subdivision situated partly within
one district for which a municipal court is established and partly
within another such district shall, upon the supersedure of such
existing court, be transferred to and become cases pending in and
records of the municipal court of the district in which the action
should have been brought had such court been established and
organized when the action was brought.
SEC. 280. Section 71096 of the Government Code is repealed.
SEC. 281. Section 71097 of the Government Code is repealed.
SEC. 282. Section 71098 of the Government Code is amended to read:
71098. Any action pending in the superior court upon the
establishment and organization in the county of a municipal court
which would be within the jurisdiction of the municipal court if
commenced after its establishment shall continue in the superior
court until final determination.
SEC. 283. Section 71099 of the Government Code is amended to read:
71099. Whenever a municipal court is established in a city and
county or in a district containing a city in which there is an
officer charged with the duty of prosecuting misdemeanor charges in a
court superseded by such municipal court, the officer shall
prosecute all such misdemeanor charges in the municipal court with
the same rights, duties, and privileges that the officer formerly
exercised with respect to such charges in the superseded court,
including the prosecution of appeals in criminal cases arising in the
municipal court and the defense of all writs arising out of arrests
for offenses triable in the municipal court in whatever court or
courts they may be appealed to or initiated in.
SEC. 284. Section 71100 of the Government Code is amended to read:
71100. Whenever a municipal court is established in a city and
county or in a district containing a city in which there is a
probation officer, public defender, parole board, or other officer or
board charged with duties relating to misdemeanor charges prosecuted
in a court superseded by the municipal court, the boards, officers,
and their deputies shall perform the same duties in the municipal
court as they performed in the superseded court.
SEC. 285. Section 71140 of the Government Code is amended to read:
71140. The judges of a municipal court shall be residents
eligible to vote in the judicial district or city and county in which
they are elected or appointed for a period of at least 54 days prior
to the date of their election or appointment. This requirement
shall not affect the right of any person to automatically succeed to
an office or position pursuant to Sections 71080 to 71083, inclusive,
and Sections 71085 to 71090, inclusive.
This requirement shall not apply to a judge of a municipal court
for the rest of his or her unexpired term and for one successive term
of office for which he or she is subsequently reelected when:
(a) The judge has succeeded to office under the provisions of
Section 71083 and his or her residence is not in the annexed
district.
(b) Part of a municipal court district is annexed to another
municipal court district and the judge of the original district lives
in the part that is annexed.
SEC. 286. Section 71141 of the Government Code is amended to read:
71141. Judges of the municipal court shall be elected at the
general state election next preceding the expiration of the term for
which the incumbent has been elected.
SEC. 287. Section 71143 of the Government Code is amended to read:
71143. The provisions of the Elections Code relating to the
nomination and election of judicial officers apply to the judges of
municipal courts.
SEC. 288. Section 71145 of the Government Code is amended to read:
71145. The term of office of judges of municipal courts is six
years from and including the first Monday of January after the
January 1st next succeeding their election. Judges shall hold office
until their successors are elected and qualify, but the office shall
be deemed to be vacant upon the expiration of the fixed term for the
purpose of selecting a successor.
SEC. 289. Section 71180.3 of the Government Code is repealed.
SEC. 290. Section 71180.4 of the Government Code is repealed.
SEC. 291. Section 71180.5 of the Government Code is amended to
read:
71180.5. Upon the appointment, election, death, removal, or
resignation of a judge of a municipal court, the clerk or
administrator of that municipal court shall immediately give the
Judges' Retirement System or the Judges' Retirement System II written
notice thereof.
SEC. 292. Section 71181 of the Government Code is amended to read:
71181. All vacancies in the office of clerk of a municipal court
and marshal of a municipal court shall be filled by appointment by
the judge, by a majority of the judges, or by the judge senior in
service when there is an equal division of the judges. All vacancies
in the clerk's office shall be filled by appointment by the clerk.
SEC. 293. Section 71181.1 of the Government Code is repealed.
SEC. 294. Section 71220 of the Government Code is amended to read:
71220. The salaries of the judges, clerks, marshals, and other
officers or attaches of each municipal court shall be paid by the
county in which the court is situated out of the salary fund or, if
there is none, out of the general fund of the county.
SEC. 295. Section 71221 of the Government Code is amended to read:
71221. Except as otherwise provided in this section, the clerk of
each municipal court, or if there is none, the judge of the court,
shall certify monthly to the county auditor a list showing the amount
of compensation of the judges, clerks, and other officers and
attaches of that court, except marshals. The marshal of a municipal
court shall certify monthly to the county auditor a list showing the
amount of compensation of the marshals of the court.
The clerk of the municipal court in the City and County of San
Francisco shall certify to the county auditor a list showing the
amount of compensation
of the judges, clerks, and other officers and attaches of that court,
except marshals, in the same manner and for the same period as for
departments and employees of the City and County of San Francisco,
and the auditor is authorized to pay that compensation in the same
manner and for the same period as for employees of the City and
County of San Francisco.
SEC. 296. The heading of Article 7 (commencing with Section 71260)
of Chapter 6 of Title 8 of the Government Code is amended to read:
Article 7. Clerk and Marshal
SEC. 297. Section 71264 of the Government Code is amended to read:
71264. Whenever required, marshals shall attend the municipal
courts of the district in which they are appointed or elected to act;
provided, however, that a marshal shall attend a civil action only
if the presiding judge or his or her designee makes a determination
that the attendance of the marshal at that action is necessary for
reasons of public safety. Within their counties they shall execute,
serve, and return all writs, processes, and notices directed or
delivered to them by municipal courts or by other competent
authority. A marshal of a municipal court who is authorized by law
to appoint not more than four deputies, shall not be required to
travel outside of his or her district to serve any civil process or
notice. With respect to proceedings in the municipal court, the
marshal of the court has all the powers and duties imposed by law
upon the sheriff with respect to proceedings in the superior court.
In a county of the third class, the marshal shall attend all superior
courts held within the county, subject to the restrictions of this
section or Section 26603.
SEC. 298. Section 71267 of the Government Code is amended to read:
71267. The board of supervisors may establish a revolving fund
for the use of the clerk or marshal of any municipal court within the
county pursuant to Sections 29320 to 29331, inclusive.
SEC. 299. Section 71280 of the Government Code is amended to read:
71280. With respect to proceedings in the municipal court the
clerk of the court has all the powers conferred by law upon the clerk
of the superior court with respect to proceedings in the superior
court.
SEC. 300. Section 71280.1 of the Government Code is amended to
read:
71280.1. The clerk of every municipal court shall keep the
minutes and other records of the court, entering at length within the
time specified by law, or forthwith if no time is specified, any
order, judgment, and decree of the court which is required to be
entered and showing the date when each entry is made. Failure to
enter the date or failure to enter the order, judgment, or decree
within the time specified in this section shall not affect the
validity or effectiveness of the entry.
SEC. 301. Section 71280.2 of the Government Code is amended to
read:
71280.2. Notwithstanding any provisions of law to the contrary,
in those counties where it is required by court order or rule that
the clerk of the municipal court place individual civil minute orders
in the court's file of actions in chronological order, the clerk
shall not be required to keep a minute book but shall be required to
keep minutes. Nothing contained in this section shall eliminate the
requirement for a judgment book where judgments and decrees are
required to be entered.
SEC. 302. Section 71280.3 of the Government Code is amended to
read:
71280.3. The clerk of a municipal court shall keep among the
records of the court such indexes as will insure ready reference to
any action or proceeding filed in the court. There shall be separate
indexes of plaintiffs and defendants in civil actions and of
defendants in criminal actions and the name of each plaintiff and
defendant shall be indexed and there shall appear opposite each name
indexed the number of the action or proceeding and the name or names
of the adverse litigant or litigants, if any, and the date of filing.
This section does not apply to criminal actions filed by notice in
lieu of a verified complaint pursuant to Section 40513 of the Vehicle
Code.
SEC. 303. Section 71280.4 of the Government Code is amended to
read:
71280.4. The clerk of the municipal court shall endorse on each
paper filed with the court the day, month, and year it is filed.
SEC. 304. Section 71280.5 of the Government Code is amended to
read:
71280.5. On and after July 1, 1997, each clerk of the municipal
court or of the superior court in a county in which there is no
municipal court shall prospectively certify and submit those court
records specified by the Judicial Council which relate to criminal
convictions for entry into a computer system operated by the
Department of Justice that can be accessed by authorized agents of
any district attorney or other state prosecuting agency. This
section shall not be construed to require a court to acquire any new
equipment or to implement any new procedures.
SEC. 305. Section 71340 of the Government Code is amended to read:
71340. There may be as many sessions of a municipal court at the
same time as there are judges elected, appointed, or assigned to the
court. The judgments, orders, and proceedings of any session of a
municipal court held by any one or more of the judges sitting in the
court shall be equally effectual as though all the judges of the
court presided at the session.
SEC. 306. Section 71341 of the Government Code is amended to read:
71341. (a) Sessions of a municipal court may be held at any place
or places within the district for which the court is established.
(b) Notwithstanding any other provision of law, the presiding or
sole judge of a municipal court may direct that a session of the
court be held at any place in the county where any superior or
municipal court regularly conducts sessions, if each of the following
applies:
(1) The judge presiding at the court session is a judge of a
municipal court or a retired judge assigned to serve as a municipal
court judge under Section 6 of Article VI of the California
Constitution.
(2) The presiding or sole judge of the superior or municipal court
has informed the presiding judge of the municipal court that the
court session will not interfere with the normal conduct of court
business.
(3) The session is held in furtherance of a coordination plan
approved under Section 68112.
Any type of proceeding may be heard in these sessions.
SEC. 307. The heading of Article 10 (commencing with Section
71380) of Chapter 6 of Title 8 of the Government Code is amended to
read:
Article 10. Uniform Accounting System for Courts
SEC. 308. Section 71380 of the Government Code is amended to read:
71380. The Controller shall establish, supervise, and as
necessary revise a uniform accounting system, including a system of
audit, to the end that all fines, penalties, forfeitures, and fees
assessed by courts, and their collection and appropriate
disbursement, shall be properly and uniformly accounted for. The
accounting system shall apply to superior and municipal courts,
together with probation offices, central collection bureaus and any
other agencies having a role in this process.
SEC. 309. Section 71381 of the Government Code is amended to read:
71381. Such system may provide for bank accounts for each
municipal court, in which money received by such court may be
deposited and disbursed as provided therein, and for such records,
reports, and procedures as the Controller may deem necessary to carry
out the purposes of this article.
SEC. 310. Section 71382 of the Government Code is amended to read:
71382. Every judge of a superior or municipal court, or the clerk
of any such court, who willfully fails to keep accounts pursuant to
the system or to account for the money paid into and disbursed by the
court pursuant to the system established by the Controller pursuant
to this article is guilty of a misdemeanor.
SEC. 311. Section 71384 of the Government Code is amended to read:
71384. The system established pursuant to this article may
provide for the deposit of all money collected by municipal courts in
the county treasury, for disbursement from it, and for the audit of
such accounts by the county auditor.
SEC. 312. Section 71386 of the Government Code is amended to read:
71386. (a) Each superior and municipal court shall adopt a
written policy, consistent with rules adopted by the Judicial
Council, governing the acceptance of checks and money orders in
payment of any fees, fines, or bail deposits. Such policy shall
permit clerks to accept checks and money orders under conditions
which tend to assure their validity.
(b) A court shall accept a personal check, bank cashier's check,
or money order for payment of any fee or fine, or for a deposit of
bail for any offense which is not declared to be a felony, provided
such check or money order meets the criteria established in
subdivision (a). However, no court shall be required to accept a
check in excess of three hundred dollars ($300) from a defendant in
custody as a deposit of bail for any alleged violation of the Penal
Code.
(c) The acceptance of a check pursuant to this section constitutes
payment of the obligation owed to the payee public agency to the
extent of the amount of the check as of the date of acceptance when,
but not before, the check is duly paid.
(d) If any check offered in payment pursuant to this section is
returned to the payee without payment, a reasonable charge for the
returned check not to exceed the actual costs incurred by the court
may be imposed to recover the court's processing and collection
costs. This charge may be added to, and become part of, any
underlying obligation other than an obligation which constitutes a
lien on real property, or a different method of payment for that
payment and future payments by such person may be prescribed. The
charges imposed by a court for a returned check shall be retained by
the treasurer of the county and be deposited in the county general
fund.
SEC. 313. Chapter 7 (commencing with Section 71600) of Title 8 of
the Government Code is repealed.
SEC. 314. The heading of Chapter 8 (commencing with Section 72000)
of Title 8 of the Government Code is amended to read:
CHAPTER 8. MUNICIPAL AND SUPERIOR COURTS
SEC. 315. Section 72055 of the Government Code is amended to read:
72055. The total fee for filing of the first paper in a limited
civil case, 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. 315.5. Section 72055 of the Government Code is amended to
read:
72055. The total fee for filing of the first paper in a limited
civil case, on behalf of any plaintiff or petitioner, or any
plaintiffs or petitioners filing jointly, 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. 316. Section 72056 of the Government Code is amended to read:
72056. The total fee for filing of the first paper in a limited
civil case on behalf of any party other than a plaintiff shall be
eighty dollars ($80).
SEC. 316.5. Section 72056 of the Government Code is amended to
read:
72056. The total fee for filing of the first paper in a limited
civil case on behalf of any party other than a plaintiff, or several
of them filing jointly, shall be eighty dollars ($80).
SEC. 317. Section 72056.01 of the Government Code is amended to
read:
72056.01. (a) The fee for filing an amended complaint or
amendment to a complaint in a limited civil case is forty-five
dollars ($45).
(b) The fee for filing a cross-complaint, amended cross-complaint
or amendment to a cross-complaint in a limited civil case 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. 318. Section 72056.1 of the Government Code is amended to
read:
72056.1. A fee of two dollars ($2) for the Judges' Retirement
Fund shall be included within the total fees collected pursuant to
Sections 72055 and 72056 in each limited civil case.
The funds shall be transmitted at the end of each month to the
Controller for payment into the Judges' Retirement Fund.
SEC. 319. Section 72060 of the Government Code is amended to read:
72060. The fee for a certificate and transmitting transcript and
papers on appeal in a limited civil case 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. 320. Section 72190 of the Government Code is amended to read:
72190. Within the jurisdiction of the court and under the
direction of the judges, commissioners of municipal courts shall
exercise all the powers and perform all of the duties authorized by
law to be performed by commissioners of superior courts and such
additional powers and duties as may be prescribed by law. At the
direction of the judges, commissioners may have the same jurisdiction
and exercise the same powers and duties as the judges of the court
with respect to any infraction or small claims action. The
commissioners of municipal courts shall possess the same
qualifications the law requires of a judge and shall hold office
during the pleasure of the court appointing them and shall not engage
in the private practice of law. They shall be ex officio deputy
clerks.
Notwithstanding any other provision of law, a commissioner of a
municipal court or a justice court of any judicial district in this
state who has been duly appointed and has thereafter been retired for
service, or a commissioner of a superior court in this state who has
been duly appointed and has thereafter been retired from service,
may be assigned by the presiding judge or sole judge of a municipal
court to serve as a court commissioner of the court for any periods
of time as he or she is needed for the prompt and efficient discharge
of the business of that court. While serving, he or she shall be
paid the full compensation of a court commissioner, payable as
follows: he or she shall continue to receive his or her retirement
allowance, and in addition the county shall pay him or her the amount
equal to the difference between the retirement allowance and full
compensation. That employment shall not operate to reinstate him or
her as a member of the county retirement system or to terminate or
suspend his or her retirement rights or allowance, and no deductions
shall be made from his or her compensation as contributions to the
retirement system.
SEC. 321. Section 72190.1 of the Government Code is amended to
read:
72190.1. A commissioner of a municipal court may conduct
arraignment proceedings in the court if directed to perform those
duties by the presiding or sole judge of the court, including the
issuance and signing of bench warrants.
SEC. 322. Section 72190.2 of the Government Code is amended to
read:
72190.2. If directed to perform such duties by the presiding
judge or sole judge of the court, a commissioner of the municipal
court may issue and sign a bench warrant for the arrest of a
defendant who fails to appear in court when required to appear by law
or who fails to perform any act required by court order.
SEC. 323. Section 72193 of the Government Code is amended to read:
72193. Whenever the charter of any city creates the office of
city prosecutor, or provides that a deputy city attorney shall act as
city prosecutor, and charges such prosecutor with the duty, when
authorized by law, of prosecuting misdemeanor offenses arising out of
violations of state laws, the city prosecutor may exercise the
following powers:
(a) The city prosecutor shall prosecute all such misdemeanors
committed within the city, and handle all appeals arising from it.
The city prosecutor shall draw complaints for such misdemeanors, and
shall prosecute all recognizances or bail bond forfeitures arising
from or resulting from the commission of such offenses.
(b) Whenever any person applying for a writ of habeas corpus is
held in custody by any peace officer of such city, charged with
having committed within the city any misdemeanor, a copy of the
application for such writ shall be served upon such city prosecutor
at the time and in the manner provided by law for the service of
writs of habeas corpus upon district attorneys. On behalf of the
people, the prosecutor shall conduct all proceedings relating to such
application. If the constitutionality of any law is questioned in
any such habeas corpus proceeding, the city prosecutor shall
immediately notify the city attorney who may take charge of the
proceedings on behalf of the people, or become associated with the
city prosecutor in the proceedings.
SEC. 324. Section 72194.5 of the Government Code is amended to
read:
72194.5. Whenever an official court reporter or a temporary court
reporter is unavailable to report an action or proceeding in a
court, subject to the availability of approved equipment and
equipment monitors, the court may order that, in a limited civil
case, or a misdemeanor or infraction case, the action or proceeding
be electronically recorded, including all the testimony, the
objections made, the ruling of the court, the exceptions taken, all
arraignments, pleas, and sentences of defendants in criminal cases,
the arguments of the attorneys to the jury, and all statements and
remarks made and oral instructions given by the judge. The court
shall assign available reporters first to report preliminary hearings
and then to other proceedings. A transcript derived from an
electronic recording may be utilized whenever a transcript of court
proceedings is required. The electronic recording device and
appurtenant equipment shall be of a type approved by the Judicial
Council for courtroom use.
SEC. 325. Section 72196 of the Government Code is amended to read:
72196. Whenever the business of the court requires, the presiding
or sole judge of the municipal court may request the services of one
or more official reporters of the superior court within the same
county to act as pro tempore phonographic reporter of the municipal
court in criminal cases. Any such request shall be addressed to the
presiding judge of the superior court. Such request shall be granted
or denied in the manner and subject to the provisions set forth in
Article 9 (commencing with Section 69941) of Chapter 5 of Title 8 of
this code.
SEC. 326. Section 72197 of the Government Code is amended to read:
72197. Whenever such request has been granted and any official
reporter of the superior court has been assigned to act as a pro
tempore phonographic reporter of the municipal court, such reporter
shall, during the period of such assignment to the municipal court,
perform the duties of an official reporter of such municipal court
and during the time of any such assignment such reporter shall be
subject to the provisions of Sections 69942 to 69955, inclusive, and
Sections 273 and 274c of the Code of Civil Procedure.
SEC. 327. Section 72198 of the Government Code is amended to read:
72198. In any county in which the official reporter of the
superior court receives an annual salary fixed by law no additional
compensation shall be paid to such reporter for any service rendered
by the reporter while assigned to the municipal court; provided,
however, that any official reporter of the superior court assigned to
a municipal court situated at a place other than the situs of the
superior court in which said reporter regularly serves shall receive
mileage from said superior court to the municipal court to which the
reporter has been assigned, and return, for each day, or fraction
thereof, during which said superior court reporter serves in the
municipal court; the rate for mileage so allowed shall be that fixed
and paid to county employees generally.
SEC. 328. Section 72301 of the Government Code is amended to read:
72301. The clerk of the municipal court or superior court in a
county in which there is no municipal court or one or more deputy
clerks, the sheriff or one or more deputy sheriffs, or one or more
city police officers shall be in attendance at all hours of the day
and night, including Sundays and holidays, and may fix and accept
bail pursuant to procedures established by the court for the
appearance before the court of any defendant charged in the court
with an offense of which the court has jurisdiction or whenever a
defendant has been arrested and booked within the territorial limits
of said judicial district for having committed a misdemeanor. The
amount of bail shall be pursuant to a schedule of bail in such cases
previously fixed and approved by the judges of the court at their
annual meeting. If a warrant has been issued for the arrest of the
defendant, the bail shall be in the amount fixed in the warrant. The
bail shall be cash, negotiable United States Treasury bonds, or a
surety bond executed by a certified, admitted surety insurer as
provided in the Insurance Code.
SEC. 329. Section 72302 of the Government Code is amended to read:
72302. If a defendant has been arrested for felony upon a warrant
issued by a judge of that court, the clerk may, under like
conditions, accept bail in the amount fixed in the warrant.
SEC. 330. Section 72604 of the Government Code is amended to read:
72604. Notwithstanding Article 9 (commencing with Section 69941)
of Chapter 5, or any other provision of law in conflict with this
section, in each municipal court district in counties having a
population of 2,000,000 inhabitants, or over, as determined by the
1970 federal census, except in municipal court districts where a
statute provides otherwise, the official reporter and official
reporters pro tempore in those districts governed by this section
shall receive for their services the same per diem fee paid to
official court reporters pro tempore of the Superior Court of Los
Angeles County. All other fees of these reporters for transcription
shall be as provided in Article 9 (commencing with Section 69941) of
Chapter 5.
SEC. 331. Section 72785 of the Government Code is repealed.
SEC. 332. Section 75101 of the Government Code is amended to read:
75101. The Controller shall at the
end of each month ascertain the aggregate amount of the annual
salaries of all positions established by law as justices of the
Supreme Court and of the courts of appeal and judges of the superior
and municipal courts, and out of the General Fund he or she shall
transfer monthly into the Judges' Retirement Fund a sum equal to 8
percent of one-twelfth of the aggregate amount of those salaries.
SEC. 333. Section 75103 of the Government Code is amended to read:
75103. Except as provided in Section 75103.3, the auditor of each
county shall deduct 8 percent from the portion paid by a county of
the monthly salary of each judge of the superior and municipal court
and cause this amount to be paid into the Judges' Retirement Fund.
SEC. 334. Section 75602 of the Government Code is amended to read:
75602. Except as provided in Section 75605, the Controller or the
auditor of each county shall deduct 8 percent from the portion paid
by a county, or the Controller and the auditor, if appropriate, of
the monthly salary of each judge of the superior and municipal court
and cause this amount to be paid into the Judges' Retirement System
II Fund.
SEC. 335. 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" includes all commissioner or referee positions created
prior to July 1, 1997, including positions created in the municipal
court prior to July 1, 1997, which thereafter became positions in the
superior court as a result of unification of the municipal and
superior courts in a county, and 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 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 or
Sections 2201 to 2210, inclusive, of the California Rules of Court
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. 336. Section 77007 of the Government Code is amended to read:
77007. As used in this chapter, "trial court" means a superior or
municipal court.
SEC. 337. Section 664 of the Harbors and Navigation Code is
amended to read:
664. (a) When any person is arrested for a violation of this
chapter or any regulation adopted by the department pursuant to this
chapter or any ordinance or local law relating to the operation and
equipment of vessels, and such person is not immediately taken before
a magistrate, the arresting officer shall prepare in duplicate a
written notice to appear in court, containing the name and address of
such person, the offense charged, and the time and place where and
when such person shall appear in court.
(b) The time specified in the notice to appear must be at least
five days after such arrest.
(c) The place specified in the notice to appear shall be either:
1. Before a municipal court judge, or superior court judge in a
county in which there is no municipal court, within the county in
which the offense charged is alleged to have been committed and who
has jurisdiction of the offense and who is nearest and most
accessible with reference to the place where the arrest is made; or
2. Upon demand of the person arrested, before a municipal court
judge, or superior court judge in a county in which there is no
municipal court, having jurisdiction of such offense at the county
seat of the county in which such offense is alleged to have been
committed; or before a judge in the judicial district in which the
offense is alleged to have been committed.
3. Before an officer authorized by the county, city, or city and
county, to receive a deposit of bail.
4. Before a municipal court judge, or superior court judge in a
county in which there is no municipal court, within 50 miles by the
nearest road to the place of the alleged offense who has jurisdiction
of the offense and whose judicial district contains any portion of
the body of water upon which the offense charged is alleged to have
been committed.
(d) The officer shall deliver one copy of the notice to appear to
the arrested person and the arrested person in order to secure
release must give a written promise so to appear in court by signing
the duplicate notice which shall be retained by the officer.
Thereupon the arresting officer shall forthwith release the person
arrested from custody.
(e) The officer shall, as soon as practicable, file the duplicate
notice with the magistrate specified therein. Thereupon the
magistrate shall fix the amount of bail which in the magistrate's
judgment, in accordance with the provisions of Section 1275 of the
Penal Code, will be reasonable and sufficient for the appearance of
the defendant and shall indorse upon the notice a statement signed by
the defendant in the form set forth in Section 815a of the Penal
Code. The defendant may, prior to the date upon which the defendant
promised to appear in court, deposit with the magistrate the amount
of bail thus set. Thereafter, at the time when the case is called
for arraignment before the magistrate, if the defendant shall not
appear, either in person or by counsel, the magistrate may declare
the bail forfeited, and may in the magistrate's discretion order that
no further proceedings shall be had in such case.
Upon the making of such order that no further proceedings be had,
all sums deposited as bail shall forthwith be paid into the county
treasury for distribution pursuant to Section 1463 of the Penal Code.
(f) No warrant shall issue on such charge for the arrest of a
person who has given such written promise to appear in court, unless
and until the person has violated such promise or has failed to
deposit bail, to appear for arraignment, trial or judgment, or to
comply with the terms and provisions of the judgment, as required by
law.
SEC. 338. Section 667 of the Harbors and Navigation Code is
amended to read:
667. In addition to any other court which may be a proper place
of trial, any municipal court within 50 miles by the nearest road to
the place of the alleged offense having jurisdiction of the offense,
or the superior court in a county in which there is no municipal
court, shall be a proper place of trial of any person on a charge of
violation of this chapter or any regulation adopted by the department
pursuant to this chapter or any ordinance or local law relating to
the operation and equipment of vessels if the judicial district
includes any portion of the body of water upon which the offense
charged is alleged to have been committed.
SEC. 339. Section 108580 of the Health and Safety Code is amended
to read:
108580. When a toy is alleged to be in violation of this article,
the department or the local health officer shall commence
proceedings in the superior court, or municipal court in whose
jurisdiction the toy is located, for condemnation of the article.
SEC. 340. Section 111880 of the Health and Safety Code is amended
to read:
111880. When a food, drug, device, or cosmetic is alleged to be
adulterated, misbranded, falsely advertised, or the sale of which is
otherwise in violation of this part, the department shall commence
proceedings in the superior court or municipal court in whose
jurisdiction the food, drug, device, or cosmetic is located, for
condemnation of the article.
SEC. 341. Section 111895 of the Health and Safety Code is amended
to read:
111895. Any superior or municipal court of this state may condemn
any food, drug, device, or cosmetic under provisions of this part.
In the absence of such an order, the food, drug, device, or cosmetic
may be destroyed under the supervision of an authorized agent of the
department who has the written consent of the owner, his or her
attorney, or authorized representative.
SEC. 342. Section 117070 of the Health and Safety Code is amended
to read:
117070. Any violation of any such rule or regulation lawfully
made by the public agency is a misdemeanor. Any judge of a municipal
court within any judicial district within which the reservoir lies
in whole or in part, or any superior court in a county in which
there is no municipal court, shall have jurisdiction of all
prosecutions for violations of any rules and regulations adopted by
the public agency.
SEC. 343. Section 117120 of the Health and Safety Code is amended
to read:
117120. Any violation of any rule or regulation lawfully made by
the governmental agency is a misdemeanor. Any judge of a municipal
court within any judicial district within which the reservoir lies in
whole or in part, or any superior court in a county in which there
is no municipal court, shall have jurisdiction of all prosecutions
for violations of any such rules and regulations adopted by the
governmental agency.
SEC. 344. Section 12961 of the Insurance Code is amended to read:
12961. (a) The commissioner shall provide the Legislature with an
annual report analyzing the following types of actions:
(1) Medical malpractice actions.
(2) Toxic substance tort actions.
(3) Product and design liability actions.
(4) Tort actions in which a public entity is a defendant.
(5) Tort actions involving judgments or settlements of one million
dollars ($1,000,000) or more.
(6) Class action tort actions.
(7) Defamation and invasion of privacy actions.
(8) Other categories of tort actions involving commercial
liability claims as the commissioner deems necessary.
(b) The study may exclude actions in which the only defendant is
an individual sued in his or her private capacity. The study may
exclude limited civil cases.
(c) If any of the information required to be provided by the
parties is confidential under any other provision of law or pursuant
to any court order, the commissioner shall keep that information
confidential and shall limit its analysis of that information to
aggregate data or other analyses which will not reveal the identity
of the parties.
SEC. 345. Section 98 of the Labor Code is amended to read:
98. (a) The Labor Commissioner shall have the authority to
investigate employee complaints. The Labor Commissioner may provide
for a hearing in any action to recover wages, penalties, and other
demands for compensation properly before the division or the Labor
Commissioner including orders of the Industrial Welfare Commission,
and shall determine all matters arising under his or her
jurisdiction. It shall be within the jurisdiction of the Labor
Commissioner to accept and determine claims from holders of payroll
checks or payroll drafts returned unpaid because of insufficient
funds, if, after a diligent search, the holder is unable to return
the dishonored check or draft to the payee and recover the sums paid
out. Within 30 days of filing of the complaint, the Labor
Commissioner shall notify the parties as to whether a hearing will be
held, or whether action will be taken in accordance with Section
98.3, or whether no further action will be taken on the complaint.
If the determination is made by the Labor Commissioner to hold a
hearing, the hearing shall be held within 90 days of the date of that
determination. However, the Labor Commissioner may postpone or
grant additional time before setting a hearing if the Labor
Commissioner finds that it would lead to an equitable and just
resolution of the dispute.
It is the intent of the Legislature that hearings held pursuant to
this section be conducted in an informal setting preserving the
right of the parties.
(b) When a hearing is set, a copy of the complaint, which shall
include the amount of compensation requested, together with a notice
of time and place of the hearing, shall be served on all parties,
personally or by certified mail.
(c) Within 10 days after service of the notice and the complaint,
a defendant may file an answer with the Labor Commissioner in any
form as the Labor Commissioner may prescribe, setting forth the
particulars in which the complaint is inaccurate or incomplete and
the facts upon which the defendant intends to rely.
(d) No pleading other than the complaint and answer of the
defendant or defendants shall be required. Both shall be in writing
and shall conform to the form and the rules of practice and procedure
adopted by the Labor Commissioner.
(e) Evidence on matters not pleaded in the answer shall be allowed
only on terms and conditions the Labor Commissioner shall impose.
In all these cases, the claimant shall be entitled to a continuance
for purposes of review of the new evidence.
(f) If the defendant fails to appear or answer within the time
allowed under this chapter, no default shall be taken against him or
her, but the Labor Commissioner shall hear the evidence offered and
shall issue an order, decision, or award in accordance with the
evidence. A defendant failing to appear or answer, or subsequently
contending to be aggrieved in any manner by want of notice of the
pendency of the proceedings, may apply to the Labor Commissioner for
relief in accordance with Section 473 of the Code of Civil Procedure.
The Labor Commissioner may afford this relief. No right to relief,
including the claim that the findings or award of the Labor
Commissioner or judgment entered thereon are void upon their face,
shall accrue to the defendant in any court unless prior application
is made to the Labor Commissioner in accordance with this chapter.
(g) All hearings conducted pursuant to this chapter are governed
by the division and by the rules of practice and procedure adopted by
the Labor Commissioner.
(h) Whenever a claim is filed under this chapter against a person
operating or doing business under a fictitious business name, as
defined in Section 17900 of the Business and Professions Code, which
relates to the person's business, the division shall inquire at the
time of the hearing whether the name of the person is the legal name
under which the business or person has been licensed, registered,
incorporated, or otherwise authorized to do business.
The division may amend an order, decision, or award to conform to
the legal name of the business or the person who is the defendant to
a wage claim, provided it can be shown that proper service was made
on the defendant or his or her agent, unless a judgment had been
entered on the order, decision, or award pursuant to subdivision (d)
of Section 98.2. The Labor Commissioner may apply to the clerk of
the municipal or superior court to amend a judgment that has been
issued pursuant to a final order, decision, or award to conform to
the legal name of the defendant, provided it can be shown that proper
service was made on the defendant or his or her agent.
SEC. 346. Section 98.2 of the Labor Code is amended to read:
98.2. (a) Within 10 days after service of notice of an order,
decision, or award the parties may seek review by filing an appeal to
the municipal or superior court, in accordance with the appropriate
rules of jurisdiction, where the appeal shall be heard de novo. A
copy of the appeal request shall be served upon the Labor
Commissioner by the appellant. For purposes of computing the 10-day
period after service, Section 1013 of the Code of Civil Procedure
shall be applicable.
(b) If the party seeking review by filing an appeal to the
municipal or superior court is unsuccessful in the appeal, the court
shall determine the costs and reasonable attorneys' fees incurred by
the other parties to the appeal, and assess that amount as a cost
upon the party filing the appeal.
(c) If no notice of appeal of the order, decision, or award is
filed within the period set forth in subdivision (a), the order,
decision, or award shall, in the absence of fraud, be deemed the
final order.
(d) The Labor Commissioner shall file, within 10 days of the order
becoming final pursuant to subdivision (c), a certified copy of the
final order with the clerk of the municipal or superior court, in
accordance with the appropriate rules of jurisdiction, of the
appropriate county unless a settlement has been reached by the
parties and approved by the Labor Commissioner. Judgment shall be
entered immediately by the court clerk in conformity therewith. The
judgment so entered shall have the same force and effect as, and
shall be subject to all of the provisions of law relating to, a
judgment in a civil action, and may be enforced in the same manner as
any other judgment of the court in which it is entered. Enforcement
of the judgment shall receive court priority.
(e) In order to ensure judgments are satisfied, the Labor
Commissioner may serve upon the judgment debtor personally or by
first-class mail at the last known address of the judgment debtor
listed with the division, a form similar to, and requiring the
reporting of the same information as, the form approved or adopted by
the Judicial Council for purposes of subdivision (b) of Section
117.19 of the Code of Civil Procedure to assist in identifying the
nature and location of any assets of the judgment debtor.
The judgment debtor shall complete the form and cause it to be
delivered to the division at the address listed on the form within 35
days after the form has been served on the judgment debtor, unless
the judgment has been satisfied. In case of willful failure by the
judgment debtor to comply with this subdivision, the division or the
judgment creditor may request the court to apply the sanctions
provided in Section 708.170 of the Code of Civil Procedure.
(f) Notwithstanding subdivision (d), the Labor Commissioner may
stay execution of any judgment entered upon an order, decision, or
award which has become final upon good cause appearing therefore and
may impose the terms and conditions of the stay of execution. A
certified copy of the stay of execution shall be filed with the clerk
entering the judgment.
(g) When a judgment is satisfied in fact, otherwise than by
execution, the Labor Commissioner may, upon the motion of either
party or on its own motion, order entry of satisfaction of judgment.
The clerk of the court shall enter a satisfaction of judgment upon
the filing of a certified copy of the order.
(h) The Labor Commissioner shall make every reasonable effort to
ensure that judgments are satisfied, including taking all appropriate
legal action and requiring the employer to deposit a bond as
provided in Section 240.
(i) The judgment creditor, or the Labor Commissioner as assignee
of the judgment creditor, shall be entitled to court costs and
reasonable attorney fees for enforcing the judgment which is rendered
pursuant to this section.
SEC. 347. Section 3352 of the Labor Code is amended to read:
3352. "Employee" excludes the following:
(a) Any person defined in subdivision (d) of Section 3351 who is
employed by his or her parent, spouse, or child.
(b) Any person performing services in return for aid or sustenance
only, received from any religious, charitable, or relief
organization.
(c) Any person holding an appointment as deputy clerk or deputy
sheriff appointed for his or her own convenience, and who receives no
compensation from the county or municipal corporation or from the
citizens thereof for his or her services as the deputy. This
exclusion is operative only as to employment by the county or
municipal corporation and does not deprive any person so deputized
from recourse against a private person employing him or her for
injury occurring in the course of and arising out of the employment.
(d) Any person performing voluntary services at or for a
recreational camp, hut, or lodge operated by a nonprofit
organization, exempt from federal income tax under Section 101(6) of
the Internal Revenue Code, of which he or she or a member of his or
her family is a member and who receives no compensation for those
services other than meals, lodging, or transportation.
(e) Any person performing voluntary service as a ski patrolman who
receives no compensation for those services other than meals or
lodging or the use of ski tow or ski lift facilities.
(f) Any person employed by a ski lift operator to work at a snow
ski area who is relieved of and not performing any prescribed duties,
while participating in recreational activities on his or her own
initiative.
(g) Any person, other than a regular employee, participating in
sports or athletics who receives no compensation for the
participation other than the use of athletic equipment, uniforms,
transportation, travel, meals, lodgings, or other expenses incidental
thereto.
(h) Any person defined in subdivision (d) of Section 3351 who was
employed by the employer to be held liable for less than 52 hours
during the 90 calendar days immediately preceding the date of the
injury for injuries, as defined in Section 5411, or during the 90
calendar days immediately preceding the date of the last employment
in an occupation exposing the employee to the hazards of the disease
or injury for injuries, as defined in Section 5412, or who earned
less than one hundred dollars ($100) in wages from the employer
during the 90 calendar days immediately preceding the date of the
injury for injuries, as defined in Section 5411, or during the 90
calendar days immediately preceding the date of the last employment
in an occupation exposing the employee to the hazards of the disease
or injury for injuries, as defined in Section 5412.
(i) Any person performing voluntary service for a public agency or
a private, nonprofit organization who receives no remuneration for
the services other than meals, transportation, lodging, or
reimbursement for incidental expenses.
(j) Any person, other than a regular employee, performing
officiating services relating to amateur sporting events sponsored by
any public agency or private, nonprofit organization, who receives
no remuneration for these services other than a stipend for each day
of service no greater than the amount established by the Department
of Personnel Administration as a per diem expense for employees or
officers of the state. The stipend shall be presumed to cover
incidental expenses involved in officiating, including, but not
limited to, meals, transportation, lodging, rule books and courses,
uniforms, and appropriate equipment.
(k) Any student participating as an athlete in amateur sporting
events sponsored by any public agency, public or private nonprofit
college, university or school, who receives no remuneration for the
participation other than the use of athletic equipment, uniforms,
transportation, travel, meals, lodgings, scholarships, grants-in-aid,
or other expenses incidental thereto.
(l) Any law enforcement officer who is regularly employed by a
local or state law enforcement agency in an adjoining state and who
is deputized to work under the supervision of a California peace
officer pursuant to paragraph (4) of subdivision (a) of Section 832.6
of the Penal Code.
(m) Any law enforcement officer who is regularly employed by the
Oregon State Police, the Nevada Department of Motor Vehicles and
Public Safety, or the Arizona Department of Public Safety and who is
acting as a peace officer in this state pursuant to subdivision (a)
of Section 830.32 of the Penal Code.
(n) Any person, other than a regular employee, performing services
as a sports official for an entity sponsoring an intercollegiate or
interscholastic sports event, or any person performing services as a
sports official for a public agency, public entity, or a private
nonprofit organization, which public agency, public entity, or
private nonprofit organization sponsors an amateur sports event. For
purposes of this subdivision, "sports official" includes an umpire,
referee, judge, scorekeeper, timekeeper, or other person who is a
neutral participant in a sports event.
SEC. 348. Section 5710 of the Labor Code is amended to read:
5710. (a) The appeals board, a workers' compensation judge, or
any party to the action or proceeding, may, in any investigation or
hearing before the appeals board, cause the deposition of witnesses
residing within or without the state to be taken in the manner
prescribed by law for like depositions in civil actions in the
superior courts of this state under Article 3 (commencing with
Section 2016) of Chapter 3 of Title 4 of Part 4 of the Code of Civil
Procedure. To that end the attendance of witnesses and the
production of records may be required. Depositions may be taken
outside the state before any officer authorized to administer oaths.
The appeals board or a workers' compensation judge in any proceeding
before the appeals board may cause evidence to be taken in other
jurisdictions before the agency authorized to hear workers'
compensation matters in those other jurisdictions.
(b) Where the employer or insurance carrier requests a deposition
to be taken of an injured employee, or any person claiming benefits
as a dependent of an injured employee, the deponent is entitled to
receive in addition to all other benefits:
(1) All reasonable expenses of transportation,
meals, and lodging incident to the deposition.
(2) Reimbursement for any loss of wages incurred during attendance
at the deposition.
(3) A copy of the transcript of the deposition, without cost.
(4) A reasonable allowance for attorney's fees for the deponent,
if represented by an attorney licensed by the State Bar of this
state. The fee shall be discretionary with, and, if allowed, shall
be set by, the appeals board, but shall be paid by the employer or
his or her insurer.
(5) A reasonable allowance for interpreter's fees for the
deponent, if interpretation services are needed and provided by a
language interpreter certified or deemed certified pursuant to
Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1
of Division 3 of Title 2 of, or Section 68566 of, the Government
Code. The fee shall be in accordance with the fee schedule set by
the administrative director and paid by the employer or his or her
insurer. Payment for interpreter's services shall be allowed for
deposition of a non-English-speaking injured worker, and for any
other deposition-related events as permitted by the administrative
director.
SEC. 349. Section 6613 of the Labor Code is amended to read:
6613. The appeals board, a hearing officer, or any party to the
action or proceeding, may, in any investigation or hearing before the
appeals board, cause the deposition of witnesses residing within or
without the state to be taken in the manner prescribed by law for
like depositions in civil actions in the superior courts of this
state under Article 3 (commencing with Section 2016) of Chapter 3 of
Title 4 of Part 4 of the Code of Civil Procedure. To that end the
attendance of witnesses and the production of records may be
required. Depositions may be taken outside the state before any
officer authorized to administer oaths. The appeals board or a
hearing officer in any proceeding before the appeals board may cause
evidence to be taken in other jurisdictions before the agency
authorized to hear similar matters in such other jurisdictions.
SEC. 350. Section 467 of the Military and Veterans Code is amended
to read:
467. For the purpose of collecting fines or penalties imposed by
a court-martial, the president of any general or special
court-martial and the summary court officer of any summary court
shall make a list of all fines and penalties and of the persons
against whom they have been imposed, and may thereafter issue a
warrant under his or her hand directed to any sheriff or marshal of
the county, commanding him or her to levy and collect the fines and
penalties, together with the costs, upon and out of the property of
the person against whom the fine or penalty is imposed. The warrant
shall be executed and renewed in the same manner as executions under
the Code of Civil Procedure.
All fines collected under this section or imposed and collected
under Section 450.1 shall be paid by the officer collecting them to
the commanding officer of the organization of which the person fined
is or was a member and shall be deposited by the commanding officer
into the General Fund.
SEC. 351. Section 97 of the Penal Code is repealed.
SEC. 352. Section 190.9 of the Penal Code is amended to read:
190.9. (a) (1) In any case in which a death sentence may be
imposed, all proceedings conducted in the municipal and superior
courts, including all conferences and proceedings, whether in open
court, in conference in the courtroom, or in chambers, shall be
conducted on the record with a court reporter present. The court
reporter shall prepare and certify a daily transcript of all
proceedings commencing with the preliminary hearing. Proceedings
prior to the preliminary hearing shall be reported but need not be
transcribed until the municipal or superior court receives notice as
prescribed in paragraph (2) of subdivision (a).
(2) Upon receiving notification from the prosecution that the
death penalty is being sought, the superior court shall notify the
court in which the preliminary hearing took place. Upon this
notification, the court in which the preliminary hearing took place
shall order the transcription and preparation of the record of all
proceedings prior to and including the preliminary hearing in the
manner prescribed by the Judicial Council in the rules of court. The
record of all proceedings prior to and including the preliminary
hearing shall be certified by the court no later than 120 days
following notification by the superior court unless the superior
court grants an extension of time pursuant to rules of court adopted
by the Judicial Council. Upon certification, the court in which the
preliminary hearing took place shall forward the record to the
superior court for incorporation into the superior court record.
(b) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of
subdivision (c) of Section 269 of the Code of Civil Procedure.
SEC. 353. Section 682 of the Penal Code is amended to read:
682. Every public offense must be prosecuted by indictment or
information, except:
1. Where proceedings are had for the removal of civil officers of
the state;
2. Offenses arising in the militia when in actual service, and in
the land and naval forces in the time of war, or which the state may
keep, with the consent of Congress, in time of peace;
3. Misdemeanors and infractions;
4. A felony to which the defendant has pleaded guilty to the
complaint before a magistrate, where permitted by law.
SEC. 354. Section 691 of the Penal Code is amended to read:
691. The following words have in Part 2 (commencing with Section
681) the signification attached to them in this section, unless it is
otherwise apparent from the context:
(a) The words "competent court" when used with reference to the
jurisdiction over any public offense, mean any court the subject
matter jurisdiction of which includes the offense so mentioned.
(b) The words "jurisdictional territory" when used with reference
to a court, mean the city and county, county, city, township, or
other limited territory over which the criminal jurisdiction of the
court extends, as provided by law, and in case of a superior court
mean the county in which the court sits.
(c) The words "accusatory pleading" include an indictment, an
information, an accusation, and a complaint.
(d) The words "prosecuting attorney" include any attorney, whether
designated as district attorney, city attorney, city prosecutor,
prosecuting attorney, or by any other title, having by law the right
or duty to prosecute, on behalf of the people, any charge of a public
offense.
(e) The word "county" includes county, city and county, and city.
(f) "Felony case" means a criminal action in which a felony is
charged and includes a criminal action in which a misdemeanor or
infraction is charged in conjunction with a felony.
(g) "Misdemeanor or infraction case" means a criminal action in
which a misdemeanor or infraction is charged and does not include a
criminal action in which a felony is charged in conjunction with a
misdemeanor or infraction.
SEC. 355. Section 726 of the Penal Code is amended to read:
726. Where any number of persons, whether armed or not, are
unlawfully or riotously assembled, the sheriff of the county and his
or her deputies, the officials governing the town or city, or any of
them, must go among the persons assembled, or as near to them as
possible, and command them, in the name of the people of the state,
immediately to disperse.
SEC. 356. Section 737 of the Penal Code is amended to read:
737. All felonies shall be prosecuted by indictment or
information, except as provided in Section 859a. A proceeding
pursuant to Section 3060 of the Government Code shall be prosecuted
by accusation.
SEC. 357. Section 740 of the Penal Code is amended to read:
740. Except as otherwise provided by law, all misdemeanors and
infractions must be prosecuted by written complaint under oath
subscribed by the complainant. Such complaint may be verified on
information and belief.
SEC. 358. Section 804 of the Penal Code is amended to read:
804. For the purpose of this chapter, prosecution for an offense
is commenced when any of the following occurs:
(a) An indictment or information is filed.
(b) A complaint is filed charging a misdemeanor or infraction.
(c) A case is certified to the superior court.
(d) An arrest warrant or bench warrant is issued, provided the
warrant names or describes the defendant with the same degree of
particularity required for an indictment, information, or complaint.
SEC. 359. Section 806 of the Penal Code is amended to read:
806. A proceeding for the examination before a magistrate of a
person on a charge of a felony must be commenced by written complaint
under oath subscribed by the complainant and filed with the
magistrate. Such complaint may be verified on information and
belief. When the complaint is used as a pleading to which the
defendant pleads guilty under Section 859a of this code, the
complaint shall contain the same allegations, including the charge of
prior conviction or convictions of crime, as are required for
indictments and informations and, wherever applicable, shall be
construed and shall have substantially the same effect as provided in
this code for indictments and informations.
SEC. 360. Section 808 of the Penal Code is amended to read:
808. The following persons are magistrates:
1. The judges of the Supreme Court.
2. The judges of the courts of appeal.
3. The judges of the superior courts.
4. The judges of the municipal courts.
SEC. 361. Section 810 of the Penal Code is amended to read:
810. (a) The presiding judge of the superior court and the
presiding judge of each municipal court in a county shall, as often
as is necessary, designate on a schedule not less than one judge of
the superior court or municipal court to be reasonably available on
call as a magistrate for the setting of orders for discharge from
actual custody upon bail, the issuance of search warrants, and for
such other matters as may by the magistrate be deemed appropriate, at
all times when a court is not in session in the county.
(b) The officer in charge of a jail, or a person the officer
designates, in which an arrested person is held in custody shall
assist the arrested person or the arrested person's attorney in
contacting the magistrate on call as soon as possible for the purpose
of obtaining release on bail.
(c) Any telephone call made pursuant to this section by an
arrested person while in custody or by such person's attorney shall
not count or be considered as a telephone call for purposes of
Section 851.5 of the Penal Code.
SEC. 362. Section 813 of the Penal Code is amended to read:
813. (a) When a complaint is filed with a magistrate charging a
felony originally triable in the superior court of the county in
which he or she sits, if, and only if, the magistrate is satisfied
from the complaint that the offense complained of has been committed
and that there is reasonable ground to believe that the defendant has
committed it, the magistrate shall issue a warrant for the arrest of
the defendant, except that, upon the request of the prosecutor, a
summons instead of an arrest warrant shall be issued.
(b) A summons issued pursuant to this section shall be in
substantially the same form as an arrest warrant and shall contain
all of the following:
(1) The name of the defendant.
(2) The date and time the summons was issued.
(3) The city or county where the summons was issued.
(4) The signature of the magistrate, judge, justice, or other
issuing authority who is issuing the summons with the title of his or
her office and the name of the court or other issuing agency.
(5) The offense or offenses with which the defendant is charged.
(6) The time and place at which the defendant is to appear.
(7) Notification that the defendant is to complete the booking
process on or before his or her first court appearance, as well as
instructions for the defendant on completing the booking process.
(8) A provision for certification by the booking agency that the
defendant has completed the booking process which shall be presented
to the court by the defendant as proof of booking.
(c) If a defendant has been properly served with a summons and
thereafter fails to appear at the designated time and place, a bench
warrant for arrest shall issue. In the absence of proof of actual
receipt of the summons by the defendant, a failure to appear shall
not be used in any future proceeding.
(d) A defendant who responds to a summons issued pursuant to this
section and who has not been booked as provided in subdivision (b)
shall be ordered by the court to complete the booking process.
(e) The prosecutor shall not request the issuance of a summons in
lieu of an arrest warrant as provided in this section under any of
the following circumstances:
(1) The offense charged involves violence.
(2) The offense charged involves a firearm.
(3) The offense charged involves resisting arrest.
(4) There are one or more outstanding arrest warrants for the
person.
(5) The prosecution of the offense or offenses with which the
person is charged, or the prosecution of any other offense or
offenses would be jeopardized.
(6) There is a reasonable likelihood that the offense or offenses
would continue or resume, or that the safety of persons or property
would be imminently endangered.
(7) There is reason to believe that the person would not appear at
the time and place specified in the summons.
SEC. 363. Section 827 of the Penal Code is amended to read:
827. When a complaint is filed with a magistrate of the
commission of a felony originally triable in the superior court of
another county of the state than that in which the magistrate sits,
but showing that the defendant is in the county where the complaint
is filed, the same proceedings must be had as prescribed in this
chapter, except that the warrant must require the defendant to be
taken before the nearest or most accessible magistrate of the county
in which the offense is triable, and the complaint must be delivered
by the magistrate to the officer to whom the warrant is delivered.
SEC. 364. Section 829 of the Penal Code is amended to read:
829. When a complaint is filed with a magistrate of the
commission of a misdemeanor or infraction triable in another county
of the state than that in which the magistrate sits, but showing
that the defendant is in the county where the complaint is filed, the
officer must, upon being required by the defendant, take the
defendant before a magistrate of the county in which the warrant was
issued, who must admit the defendant to bail in the amount specified
in the endorsement referred to in Section 815a, and immediately
transmit the warrant, complaint, and undertaking to the clerk of the
court in which the defendant is required to appear.
SEC. 365. Section 830.1 of the Penal Code is amended to read:
830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police, employed in that
capacity, of a city, any police officer, employed in that capacity
and appointed by the chief of police or the chief executive of the
agency, of a city, any chief of police, or police officer of a
district (including police officers of the San Diego Unified Port
District Harbor Police) authorized by statute to maintain a police
department, any marshal or deputy marshal of a municipal court, any
port warden or special officer of the Harbor Department of the City
of Los Angeles, or any inspector or investigator employed in that
capacity in the office of a district attorney, is a peace officer.
The authority of these peace officers extends to any place in the
state, as follows:
(1) As to any public offense committed or which there is probable
cause to believe has been committed within the political subdivision
which employs the peace officer.
(2) Where the peace officer has the prior consent of the chief of
police, or person authorized by him or her to give consent, if the
place is within a city or of the sheriff, or person authorized by him
or her to give consent, if the place is within a county.
(3) As to any public offense committed or which there is probable
cause to believe has been committed in the peace officer's presence,
and with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of the offense.
(b) Special agents and Attorney General investigators of the
Department of Justice are peace officers, and those assistant chiefs,
deputy chiefs, chiefs, deputy directors, and division directors
designated as peace officers by the Attorney General are peace
officers. The authority of these peace officers extends to any place
in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
(c) Any deputy sheriff of a county of the first class who is
employed to perform duties exclusively or initially relating to
custodial assignments with responsibilities for maintaining the
operations of county custodial facilities, including the custody,
care, supervision, security, movement, and transportation of inmates,
is a peace officer whose authority extends to any place in the state
only while engaged in the performance of the duties of his or her
respective employment and for the purpose of carrying out the primary
function of employment relating to his or her custodial assignments,
or when performing other law enforcement duties directed by his or
her employing agency during a local state of emergency.
SEC. 365.5. Section 830.1 of the Penal Code is amended to read:
830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency which performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district (including police officers of the San Diego Unified Port
District Harbor Police) authorized by statute to maintain a police
department, any marshal or deputy marshal of a municipal court, any
port warden or special officer of the Harbor Department of the City
of Los Angeles, or any inspector or investigator employed in that
capacity in the office of a district attorney, is a peace officer.
The authority of these peace officers extends to any place in the
state, as follows:
(1) As to any public offense committed or which there is probable
cause to believe has been committed within the political subdivision
which employs the peace officer.
(2) Where the peace officer has the prior consent of the chief of
police or chief, director, or chief executive officer of a
consolidated municipal public safety agency, or person authorized by
him or her to give consent, if the place is within a city or of the
sheriff, or person authorized by him or her to give consent, if the
place is within a county.
(3) As to any public offense committed or which there is probable
cause to believe has been committed in the peace officer's presence,
and with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of the offense.
(b) Special agents and Attorney General investigators of the
Department of Justice are peace officers, and those assistant chiefs,
deputy chiefs, chiefs, deputy directors, and division directors
designated as peace officers by the Attorney General are peace
officers. The authority of these peace officers extends to any place
in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
(c) Any deputy sheriff of a county of the first class who is
employed to perform duties exclusively or initially relating to
custodial assignments with responsibilities for maintaining the
operations of county custodial facilities, including the custody,
care, supervision, security, movement, and transportation of inmates,
is a peace officer whose authority extends to any place in the state
only while engaged in the performance of the duties of his or her
respective employment and for the purpose of carrying out the primary
function of employment relating to his or her custodial assignments,
or when performing other law enforcement duties directed by his or
her employing agency during a local state-of-emergency.
SEC. 366. Section 832.4 of the Penal Code is amended to read:
832.4. (a) Any undersheriff or deputy sheriff of a county, any
police officer of a city, and any police officer of a district
authorized by statute to maintain a police department, who is first
employed after January 1, 1974, and is responsible for the prevention
and detection of crime and the general enforcement of the criminal
laws of this state, shall obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training within 18 months
of his or her employment in order to continue to exercise the powers
of a peace officer after the expiration of the 18-month period.
(b) Every peace officer listed in subdivision (a) of Section
830.1, except a sheriff, or elected marshal, or a deputy sheriff
described in subdivision (c) of Section 830.1, who is employed after
January 1, 1988, shall obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training upon completion of
probation, but in no case later than 24 months after his or her
employment, in order to continue to exercise the powers of a peace
officer after the expiration of the 24-month period.
Deputy sheriffs described in subdivision (c) of Section 830.1
shall obtain the basic certificate issued by the Commission on Peace
Officer Standards and Training within 24 months after being
reassigned from custodial duties to general law enforcement duties.
In those cases where the probationary period established by the
employing agency is 24 months, the peace officers described in this
subdivision may continue to exercise the powers of a peace officer
for an additional three-month period to allow for the processing of
the certification application.
SEC. 366.5. Section 832.4 of the Penal Code is amended to read:
832.4. (a) Any undersheriff or deputy sheriff of a county, any
police officer of a city, and any police officer of a district
authorized by statute to maintain a police department, who is first
employed after January 1, 1974, and is responsible for the prevention
and detection of crime and the general enforcement of the criminal
laws of this state, shall obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training within 18 months
of his or her employment in order to continue to exercise the powers
of a peace officer after the expiration of the 18-month period.
(b) Every peace officer listed in subdivision (a) of Section
830.1, except a sheriff, or elected marshal, or a deputy sheriff
described in subdivision (c) of Section 830.1, who is employed after
January 1, 1988, shall obtain the basic certificate issued by the
Commission on Peace Officer Standards and Training upon completion of
probation, but in no case later than 24 months after his or her
employment, in order to continue to exercise the powers of a peace
officer after the expiration of the 24-month period.
Deputy sheriffs described in subdivision (c) of Section 830.1
shall obtain the basic certificate issued by the Commission on Peace
Officer Standards and Training within 24 months after being
reassigned from custodial duties to general law enforcement duties.
In those cases where the probationary period established by the
employing agency is 24 months, the peace officers described in this
subdivision may continue to exercise the powers of a peace officer
for an additional three-month period to allow for the processing of
the certification application.
(c) Each police chief, or any other person in charge of a local
law enforcement agency, appointed on or after January 1, 1999, as a
condition of continued employment, shall obtain the basic certificate
issued by the Commission on Peace Officer Standards and Training
within two years of appointment.
SEC. 367. Section 851.8 of the Penal Code is amended to read:
851.8. (a) In any case where a person has been arrested and no
accusatory pleading has been filed, the person arrested may petition
the law enforcement agency having jurisdiction over the offense to
destroy its records of the arrest. A copy of such petition shall be
served upon the district attorney of the county having jurisdiction
over the offense. The law enforcement agency having jurisdiction
over the offense, upon a determination that the person arrested is
factually innocent, shall, with the concurrence of the district
attorney, seal its arrest records, and the petition for relief under
this section for three years from the date of the arrest and
thereafter destroy its arrest records and the petition. The law
enforcement agency having jurisdiction over the offense shall notify
the Department of Justice, and any law enforcement agency which
arrested the petitioner or participated in the arrest of the
petitioner for an offense for which the petitioner has been found
factually innocent under this subdivision, of the sealing of the
arrest records and the reason therefor. The Department of Justice
and any law enforcement agency so notified shall forthwith seal their
records of the arrest and the notice of sealing for three years from
the date of the arrest, and thereafter destroy their records of the
arrest and the notice of sealing. The law enforcement agency having
jurisdiction over the offense and the Department of Justice shall
request the destruction of any records of the arrest which they have
given to any local, state, or federal agency or to any other person
or entity. Each such agency, person, or entity within the State of
California receiving such a request shall destroy its records of the
arrest and such request, unless otherwise provided in this section.
(b) If, after
receipt by both the law enforcement agency and the district attorney
of a petition for relief under subdivision (a), the law enforcement
agency and district attorney do not respond to the petition by
accepting or denying such petition within 60 days after the running
of the relevant statute of limitations or within 60 days after
receipt of the petition in cases where the statute of limitations has
previously lapsed, then the petition shall be deemed to be denied.
In any case where the petition of an arrestee to the law enforcement
agency to have an arrest record destroyed is denied, petition may be
made to the municipal court or the superior court in a county in
which there is no municipal court which would have had territorial
jurisdiction over the matter. A copy of such petition shall be
served on the district attorney of the county having jurisdiction
over the offense at least 10 days prior to the hearing thereon. The
district attorney may present evidence to the court at such hearing.
Notwithstanding Section 1538.5 or 1539, any judicial determination
of factual innocence made pursuant to this section may be heard and
determined upon declarations, affidavits, police reports, or any
other evidence submitted by the parties which is material, relevant
and reliable. A finding of factual innocence and an order for the
sealing and destruction of records pursuant to this section shall not
be made unless the court finds that no reasonable cause exists to
believe that the arrestee committed the offense for which the arrest
was made. In any court hearing to determine the factual innocence of
a party, the initial burden of proof shall rest with the petitioner
to show that no reasonable cause exists to believe that the arrestee
committed the offense for which the arrest was made. If the court
finds that this showing of no reasonable cause has been made by the
petitioner, then the burden of proof shall shift to the respondent to
show that a reasonable cause exists to believe that the petitioner
committed the offense for which the arrest was made. If the court
finds the arrestee to be factually innocent of the charges for which
the arrest was made, then the court shall order the law enforcement
agency having jurisdiction over the offense, the Department of
Justice, and any law enforcement agency which arrested the petitioner
or participated in the arrest of the petitioner for an offense for
which the petitioner has been found factually innocent under this
section to seal their records of the arrest and the court order to
seal and destroy such records, for three years from the date of the
arrest and thereafter to destroy their records of the arrest and the
court order to seal and destroy such records. The court shall also
order the law enforcement agency having jurisdiction over the offense
and the Department of Justice to request the destruction of any
records of the arrest which they have given to any local, state, or
federal agency, person or entity. Each state or local agency, person
or entity within the State of California receiving such a request
shall destroy its records of the arrest and the request to destroy
such records, unless otherwise provided in this section. The court
shall give to the petitioner a copy of any court order concerning the
destruction of the arrest records.
(c) In any case where a person has been arrested, and an
accusatory pleading has been filed, but where no conviction has
occurred, the defendant may, at any time after dismissal of the
action, petition the court which dismissed the action for a finding
that the defendant is factually innocent of the charges for which the
arrest was made. A copy of such petition shall be served on the
district attorney of the county in which the accusatory pleading was
filed at least 10 days prior to the hearing on the petitioner's
factual innocence. The district attorney may present evidence to the
court at such hearing. Such hearing shall be conducted as provided
in subdivision (b). If the court finds the petitioner to be
factually innocent of the charges for which the arrest was made, then
the court shall grant the relief as provided in subdivision (b).
(d) In any case where a person has been arrested and an accusatory
pleading has been filed, but where no conviction has occurred, the
court may, with the concurrence of the district attorney, grant the
relief provided in subdivision (b) at the time of the dismissal of
the accusatory pleading.
(e) Whenever any person is acquitted of a charge and it appears to
the judge presiding at the trial wherein such acquittal occurred
that the defendant was factually innocent of such charge, the judge
may grant the relief provided in subdivision (b).
(f) In any case where a person who has been arrested is granted
relief pursuant to subdivision (a) or (b), the law enforcement agency
having jurisdiction over the offense or court shall issue a written
declaration to the arrestee stating that it is the determination of
the law enforcement agency having jurisdiction over the offense or
court that the arrestee is factually innocent of the charges for
which the person was arrested and that the arrestee is thereby
exonerated. Thereafter, the arrest shall be deemed not to have
occurred and the person may answer accordingly any question relating
to its occurrence.
(g) The Department of Justice shall furnish forms to be utilized
by persons applying for the destruction of their arrest records and
for the written declaration that one person was found factually
innocent under subdivisions (a) and (b).
(h) Documentation of arrest records destroyed pursuant to
subdivision (a), (b), (c), (d), or (e) which are contained in
investigative police reports shall bear the notation "Exonerated"
whenever reference is made to the arrestee. The arrestee shall be
notified in writing by the law enforcement agency having jurisdiction
over the offense of the sealing and destruction of the arrest
records pursuant to this section.
(i) Any finding that an arrestee is factually innocent pursuant to
subdivision (a), (b), (c), (d), or (e) shall not be admissible as
evidence in any action.
(j) Destruction of records of arrest pursuant to subdivision (a),
(b), (c), (d), or (e) shall be accomplished by permanent obliteration
of all entries or notations upon such records pertaining to the
arrest, and the record shall be prepared again so that it appears
that the arrest never occurred. However, where (1) the only entries
on the record pertain to the arrest and (2) the record can be
destroyed without necessarily effecting the destruction of other
records, then the document constituting the record shall be
physically destroyed.
(k) No records shall be destroyed pursuant to subdivision (a),
(b), (c), (d), or (e) if the arrestee or a codefendant has filed a
civil action against the peace officers or law enforcement
jurisdiction which made the arrest or instituted the prosecution and
if the agency which is the custodian of such records has received a
certified copy of the complaint in such civil action, until the civil
action has been resolved. Any records sealed pursuant to this
section by the court in the civil actions, upon a showing of good
cause, may be opened and submitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties and any other person
authorized by the court. Immediately following the final resolution
of the civil action, records subject to subdivision (a), (b), (c),
(d), or (e) shall be sealed and destroyed pursuant to subdivision
(a), (b), (c), (d), or (e).
(l) For arrests occurring on or after January 1, 1981, and for
accusatory pleadings filed on or after January 1, 1981, petitions for
relief under this section may be filed up to two years from the date
of the arrest or filing of the accusatory pleading, whichever is
later. Until January 1, 1983, petitioners can file for relief under
this section for arrests which occurred or accusatory pleadings which
were filed up to five years prior to the effective date of the
statute. Any time restrictions on filing for relief under this
section may be waived upon a showing of good cause by the petitioner
and in the absence of prejudice.
(m) Any relief which is available to a petitioner under this
section for an arrest shall also be available for an arrest which has
been deemed to be or described as a detention under Section 849.5 or
851.6.
(n) The provisions of this section shall not apply to any offense
which is classified as an infraction.
(o) (1) The provisions of this section shall be repealed on the
effective date of a final judgment based on a claim under the
California or United States Constitution holding that evidence which
is relevant, reliable, and material may not be considered for
purposes of a judicial determination of factual innocence under this
section. For purposes of this subdivision, a judgment by the
appellate division of a superior court is a final judgment if it is
published and if it is not reviewed on appeal by a court of appeal.
A judgment of a court of appeal is a final judgment if it is
published and if it is not reviewed by the California Supreme Court.
(2) Any such decision referred to in this subdivision shall be
stayed pending appeal.
(3) If not otherwise appealed by a party to the action, any such
decision referred to in this subdivision which is a judgment by the
appellate division of the superior court, shall be appealed by the
Attorney General.
(p) A judgment of the court under subdivision (b), (c), (d), or
(e) is subject to the following appeal path:
(1) In a felony case, appeal is to the court of appeal.
(2) In a misdemeanor case, or in a case in which no accusatory
pleading was filed, appeal is to the appellate division of the
superior court.
SEC. 368. Section 859 of the Penal Code is amended to read:
859. When the defendant is charged with the commission of a
felony by a written complaint subscribed under oath and on file in a
court within the county in which the felony is triable, he or she
shall, without unnecessary delay, be taken before a magistrate of the
court in which the complaint is on file. The magistrate shall
immediately deliver to the defendant a copy of the complaint, inform
the defendant that he or she has the right to have the assistance of
counsel, ask the defendant if he or she desires the assistance of
counsel, and allow the defendant reasonable time to send for counsel.
However, in a capital case, the court shall inform the defendant
that the defendant must be represented in court by counsel at all
stages of the preliminary and trial proceedings and that the
representation will be at the defendant's expense if the defendant is
able to employ counsel or at public expense if he or she is unable
to employ counsel, inquire of him or her whether he or she is able to
employ counsel and, if so, whether the defendant desires to employ
counsel of the defendant's choice or to have counsel assigned for him
or her, and allow the defendant a reasonable time to send for his or
her chosen or assigned counsel. If the defendant desires and is
unable to employ counsel, the court shall assign counsel to defend
him or her; in a capital case, if the defendant is able to employ
counsel and either refuses to employ counsel or appears without
counsel after having had a reasonable time to employ counsel, the
court shall assign counsel to defend him or her. If it appears that
the defendant may be a minor, the magistrate shall ascertain whether
that is the case, and if the magistrate concludes that it is probable
that the defendant is a minor, he or she shall immediately either
notify the parent or guardian of the minor, by telephone or
messenger, of the arrest, or appoint counsel to represent the minor.
SEC. 369. Section 859a of the Penal Code is amended to read:
859a. (a) If the public offense charged is a felony not
punishable with death, the magistrate shall immediately upon the
appearance of counsel for the defendant read the complaint to the
defendant and ask him or her whether he or she pleads guilty or not
guilty to the offense charged therein and to a previous conviction or
convictions of crime if charged. While the charge remains pending
before the magistrate and when the defendant's counsel is present,
the defendant may plead guilty to the offense charged, or, with the
consent of the magistrate and the district attorney or other counsel
for the people, plead nolo contendere to the offense charged or plead
guilty or nolo contendere to any other offense the commission of
which is necessarily included in that with which he or she is
charged, or to an attempt to commit the offense charged and to the
previous conviction or convictions of crime if charged upon a plea of
guilty or nolo contendere. The magistrate may then fix a reasonable
bail as provided by this code, and upon failure to deposit the bail
or surety, shall immediately commit the defendant to the sheriff.
Upon accepting the plea of guilty or nolo contendere the magistrate
shall certify the case, including a copy of all proceedings therein
and any testimony that in his or her discretion he or she may require
to be taken, to the court in which judgment is to be pronounced at
the time specified under subdivision (b), and thereupon the
proceedings shall be had as if the defendant had pleaded guilty in
that court. This subdivision shall not be construed to authorize the
receiving of a plea of guilty or nolo contendere from any defendant
not represented by counsel. If the defendant subsequently files a
written motion to withdraw the plea under Section 1018, the motion
shall be heard and determined by the court before which the plea was
entered.
(b) Notwithstanding Section 1191 or 1203, the magistrate shall,
upon the receipt of a plea of guilty or nolo contendere and upon the
performance of the other duties of the magistrate under this section,
immediately appoint a time for pronouncing judgment in the superior
court or municipal court and refer the case to the probation officer
if eligible for probation, as prescribed in Section 1191.
SEC. 370. Section 859c is added to the Penal Code, to read:
859c. Procedures under this code that provide for superior court
review of a challenged ruling or order made by a superior court judge
or a magistrate shall be performed by a superior court judge other
than the judge or magistrate who originally made the ruling or order,
unless agreed to by the parties.
SEC. 371. Section 860 of the Penal Code is amended to read:
860. At the time set for the examination of the case, if the
public offense is a felony punishable with death, or is a felony to
which the defendant has not pleaded guilty in accordance with Section
859a of this code, then, if the defendant requires the aid of
counsel, the magistrate must allow the defendant a reasonable time to
send for counsel, and may postpone the examination for not less than
two nor more than five days for that purpose. The magistrate must,
immediately after the appearance of counsel, or if, after waiting a
reasonable time therefor, none appears, proceed to examine the case;
provided, however, that a defendant represented by counsel may when
brought before the magistrate as provided in Section 858 or at any
time subsequent thereto, waive the right to an examination before
such magistrate, and thereupon it shall be the duty of the magistrate
to make an order holding the defendant to answer, and it shall be
the duty of the district attorney within 15 days thereafter, to file
in the superior court of the county in which the offense is triable
the information; provided, further, however, that nothing contained
herein shall prevent the district attorney nor the magistrate from
requiring that an examination be held as provided in this chapter.
SEC. 372. Section 869 of the Penal Code is amended to read:
869. The testimony of each witness in cases of homicide shall be
reduced to writing, as a deposition, by the magistrate, or under his
or her direction, and in other cases upon the demand of the
prosecuting attorney, or the defendant, or his or her counsel. The
magistrate before whom the examination is had may, in his or her
discretion, order the testimony and proceedings to be taken down in
shorthand in all examinations herein mentioned, and for that purpose
he or she may appoint a shorthand reporter. The deposition or
testimony of the witness shall be authenticated in the following
form:
(a) It shall state the name of the witness, his or her place of
residence, and his or her business or profession; except that if the
witness is a peace officer, it shall state his or her name, and the
address given in his or her testimony at the hearing.
(b) It shall contain the questions put to the witness and his or
her answers thereto, each answer being distinctly read to him or her
as it is taken down, and being corrected or added to until it
conforms to what he or she declares is the truth, except in cases
where the testimony is taken down in shorthand, the answer or answers
of the witness need not be read to him or her.
(c) If a question put be objected to on either side and overruled,
or the witness declines answering it, that fact, with the ground on
which the question was overruled or the answer declined, shall be
stated.
(d) The deposition shall be signed by the witness, or if he or she
refuses to sign it, his or her reason for refusing shall be stated
in writing, as he or she gives it, except in cases where the
deposition is taken down in shorthand, it need not be signed by the
witness.
(e) The reporter shall, within 10 days after the close of the
examination, if the defendant be held to answer the charge of a
felony, or in any other case if either the defendant or the
prosecution orders the transcript, transcribe his or her shorthand
notes, making an original and one copy and as many additional copies
thereof as there are defendants (other than fictitious defendants),
regardless of the number of charges or fictitious defendants included
in the same examination, and certify and deliver the original and
all copies to the county clerk of the county in which the defendant
was examined. The reporter shall, before receiving any compensation
as a reporter, file with the auditor of the county his or her
affidavit setting forth that the transcript has been delivered to the
county clerk within the time herein provided for. The compensation
of the reporter for any services rendered by him or her as the
reporter in any court of this state shall be reduced one-half if the
provisions of this section as to the time of filing said transcript
have not been complied with by him or her.
(f) In every case in which a transcript is delivered as provided
in this section, the county clerk shall file the original of the
transcript with the papers in the case, and shall deliver a copy of
the transcript to the district attorney immediately upon his or her
receipt thereof and shall deliver a copy of said transcript to each
defendant (other than a fictitious defendant) at least five days
before trial or upon earlier demand by him or her without cost to him
or her; provided, that if any defendant be held to answer to two or
more charges upon the same examination and thereafter the district
attorney shall file separate informations upon said several charges,
the delivery to each such defendant of one copy of the transcript of
the examination shall be a compliance with this section as to all of
those informations.
(g) If the transcript is delivered by the reporter within the time
hereinbefore provided for, the reporter shall be entitled to receive
the compensation fixed and allowed by law to reporters in the
superior courts of this state.
SEC. 373. Section 949 of the Penal Code is amended to read:
949. The first pleading on the part of the people in the superior
court in a felony case is the indictment, information, or the
complaint in any case certified to the superior court under Section
859a. The first pleading on the part of the people in a misdemeanor
or infraction case is the complaint except as otherwise provided by
law. The first pleading on the part of the people in a proceeding
pursuant to Section 3060 of the Government Code is an accusation.
SEC. 374. Section 977 of the Penal Code is amended to read:
977. (a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except as
provided in paragraph (2). If the accused agrees, the initial court
appearance, arraignment, and plea may be by video, as provided by
subdivision (c).
(2) When the accused is charged with a misdemeanor offense
involving domestic violence, as defined in Section 6211 of the Family
Code, or a misdemeanor violation of Section 273.6, upon a
satisfactory showing of necessity, the court may order through
counsel that the accused be personally present in court for the
purpose of the service of an order under Section 136.2, unless the
court determines that the defendant will make another court
appearance within a reasonable period of time and the defendant could
be served with a restraining order at that time.
(b) (1) In all cases in which a felony is charged, the accused
shall be present at the arraignment, at the time of plea, during the
preliminary hearing, during those portions of the trial when evidence
is taken before the trier of fact, and at the time of the imposition
of sentence. The accused shall be personally present at all other
proceedings unless he or she shall, with leave of court, execute in
open court, a written waiver of his or her right to be personally
present, as provided by paragraph (2). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (c).
(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:
"WAIVER OF DEFENDANT'S PERSONAL PRESENCE"
"The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause. The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."
(c) The court may permit the initial court appearance and
arraignment in municipal or superior court of defendants held in any
state, county, or local facility within the county on felony or
misdemeanor charges, except for those defendants who were indicted by
a grand jury, to be conducted by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu of the
physical presence of the defendant in the courtroom. If the
defendant is represented by counsel, the attorney shall be present
with the defendant at the initial court appearance and arraignment,
and may enter a plea during the arraignment. However, if the
defendant is represented by counsel at an initial hearing in superior
court in a felony case, and if the defendant does not plead guilty
or nolo contendere to any charge, the attorney shall be present with
the defendant or if the attorney is not present with the defendant,
the attorney shall be present in court during the hearing. The
defendant shall have the right to make his or her plea while
physically present in the courtroom if he or she so requests. If the
defendant decides not to exercise the right to be physically present
in the courtroom, he or she shall execute a written waiver of that
right. A judge may order a defendant's personal appearance in court
for the initial court appearance and arraignment. In a misdemeanor
case, a judge may, pursuant to this subdivision, accept a plea of
guilty or no contest from a defendant who is not physically in the
courtroom. In a felony case, a judge may, pursuant to this
subdivision, accept a plea of guilty or no contest from a defendant
who is not physically in the courtroom if the parties stipulate
thereto.
(d) Notwithstanding subdivision (c), if the defendant is
represented by counsel, the attorney shall be present with the
defendant in any county exceeding 4,000,000 persons in population.
SEC. 375. Section 977.2 of the Penal Code is amended to read:
977.2. (a) The Department of Corrections may establish a
three-year pilot project as follows:
(1) Notwithstanding Section 977 or any other law, in all cases in
which the defendant is charged with a misdemeanor or a felony and is
currently incarcerated in the state prison, the Department of
Corrections may arrange for the initial court appearance and
arraignment in municipal or superior court to be conducted by two-way
electronic audiovideo communication between the defendant and the
courtroom in lieu of the physical presence of the defendant in the
courtroom. Nothing in this section shall be interpreted to eliminate
the authority of the court to issue an order requiring the defendant
to be physically present in the courtroom in those cases where the
court finds circumstances that require the physical presence of the
defendant in the courtroom.
(2) If the defendant is represented by counsel, the attorney shall
be present with the defendant at the initial court appearance and
arraignment, and may enter a plea during the arraignment. However,
if the defendant is represented by counsel at an initial hearing in
superior court in a felony case, and if the defendant does not plead
guilty or nolo contendere to any charge, the attorney shall be
present with the defendant or if the attorney is not present with the
defendant, the attorney shall be present in court during the
hearing.
(3) In lieu of the physical presence of the defendant's
counsel at the institution with the defendant, the court and the
department shall establish a confidential telephone and facsimile
transmission line between the court and the institution for
communication between the defendant's counsel in court and the
defendant at the institution. In this case, counsel for the
defendant shall not be required to be physically present at the
institution during the initial court appearance and arraignment via
electronic audiovideo communication. Nothing in this section shall
be construed to prohibit the physical presence of the defense counsel
with the defendant at the state prison.
(b) The pilot project shall consist of not more than five
institutions and shall include, at a minimum, one maximum security
institution, one institution from Imperial County, and one
institution housing females.
(c) A defendant who is physically present in an institution taking
part in the pilot project, but who has committed a misdemeanor or
felony at an institution not subject to the pilot project, may, at
the discretion of the director, be waived from having the initial
appearance and arraignment conducted by two-way electronic audiovideo
communication subject to the limitations provided by this section.
(d) The department shall prepare and submit a report to the
Legislature on or before June 30, 1999, that includes an assessment
of the costs and benefits of the pilot project and a recommendation
on whether to expand the pilot project statewide.
(e) This section shall remain in effect only until January 1,
2000, and as of that date is repealed.
SEC. 376. Section 977.4 of the Penal Code is amended to read:
977.4. (a) Upon adoption of a resolution by the board of
supervisors, the County of Santa Barbara may establish a three-year
pilot project to be conducted pursuant to this section.
(b) (1) Notwithstanding Section 977, in all cases in which the
accused is charged with a misdemeanor only, he or she may appear by
counsel only, except as provided in paragraph (2). If the accused
agrees, the initial court appearance, arraignment, and plea may be by
video, as provided by subdivision (d).
(2) When the accused is charged with a misdemeanor offense
involving domestic violence, as defined in Section 6211 of the Family
Code, or a misdemeanor violation of Section 273.6, upon a
satisfactory showing of necessity, the court may order through
counsel that the accused be personally present in court for the
purpose of the service of an order under Section 136.2, unless the
court determines that the defendant will make another court
appearance within a reasonable period of time and the defendant could
be served with a restraining order at that time.
(c) (1) In all cases in which a felony is charged, the accused
shall be present at the arraignment, at the time of plea, during the
preliminary hearing, during those portions of the trial when evidence
is taken before the trier of fact, and at the time of the imposition
of sentence. The accused shall be personally present at all other
proceedings unless he or she shall, with leave of court, execute in
open court, a written waiver of his or her right to be personally
present, as provided by paragraph (2). If the accused agrees, the
initial court appearance, arraignment, and plea may be by video, as
provided by subdivision (d).
(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:
"WAIVER OF DEFENDANT'S PERSONAL PRESENCE"
"The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause. The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."
(d) The court may permit the initial court appearance and
arraignment in municipal or superior court of defendants held in any
state, county, or local facility within the county on felony or
misdemeanor charges, except for those defendants who were indicted by
a grand jury, to be conducted by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu of the
physical presence of the defendant in the courtroom. If the
defendant is represented by counsel, the attorney shall be present
with the defendant or, in courts where the two-way electronic
audiovideo communication system permits confidential communication,
the attorney may be present either in court or with the defendant.
If the attorney is present in court, the defendant shall consult with
the attorney via confidential two-way electronic audiovideo
communication prior to the entry of any plea by the attorney. The
defendant shall consult confidentially with his or her attorney in
person prior to the entry of any plea, unless the defendant has
expressly waived the right to be represented by an attorney. If the
attorney is present at the detention facility with the defendant, the
attorney may enter a plea during the arraignment via two-way
electronic audiovideo communication pursuant to this subdivision.
However, if the defendant is represented by counsel at an initial
hearing in superior court in a felony case, and if the defendant does
not plead guilty or nolo contendere to any charge, the attorney
shall be present with the defendant or if the attorney is not present
with the defendant, the attorney shall be present in court during
the hearing. The defendant shall have the right to make his or her
plea while physically present in the courtroom if he or she so
requests. If the defendant decides not to exercise the right to be
physically present in the courtroom, he or she shall execute a
written waiver of that right. A judge may order a defendant's
personal appearance in court for the initial court appearance and
arraignment. In a misdemeanor case, a judge may, pursuant to this
subdivision, accept a plea of guilty or no contest from a defendant
who is not physically in the courtroom. In a felony case, a judge
may, pursuant to this subdivision, accept a plea of guilty or no
contest from a defendant who is not physically in the courtroom if
the parties stipulate thereto.
(e) For purposes of this section, "confidential communication"
means a communication that is secured under the confidentiality of
the attorney-client privilege (Article 3 (commencing with Section
950) of Chapter 4 of Division 8 of the Evidence Code).
(f) The public defender of the County of Santa Barbara shall
evaluate the pilot project conducted pursuant to this section and
submit a report to the Legislature on or before January 1, 1999, on
that evaluation.
(g) This section shall remain operative only until July 1, 1999,
and as of January 1, 2000, is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
SEC. 377. Section 987.1 of the Penal Code is amended to read:
987.1. Counsel at the preliminary examination shall continue to
represent a defendant who has been ordered to stand trial for a
felony until the date set for arraignment on the information unless
relieved by the court upon the substitution of other counsel or for
cause.
SEC. 378. Section 987.2 of the Penal Code is amended to read:
987.2. (a) In any case in which a person, including a person who
is a minor, desires but is unable to employ counsel, and in which
counsel is assigned in the superior or municipal court to represent
the person in a criminal trial, proceeding, or appeal, the following
assigned counsel shall receive a reasonable sum for compensation and
for necessary expenses, the amount of which shall be determined by
the court, to be paid out of the general fund of the county:
(1) In a county or city and county in which there is no public
defender.
(2) In a county of the first, second, or third class where there
is no contract for criminal defense services between the county and
one or more responsible attorneys.
(3) In a case in which the court finds that, because of a conflict
of interest or other reasons, the public defender has properly
refused.
(4) In a county of the first, second, or third class where
attorneys contracted by the county are unable to represent the person
accused.
(b) The sum provided for in subdivision (a) may be determined by
contract between the court and one or more responsible attorneys
after consultation with the board of supervisors as to the total
amount of compensation and expenses to be paid, which shall be within
the amount of funds allocated by the board of supervisors for the
cost of assigned counsel in those cases.
(c) In counties that utilize an assigned private counsel system as
either the primary method of public defense or as the method of
appointing counsel in cases where the public defender is unavailable,
the county, the courts, or the local county bar association working
with the courts are encouraged to do all of the following:
(1) Establish panels that shall be open to members of the State
Bar of California.
(2) Categorize attorneys for panel placement on the basis of
experience.
(3) Refer cases to panel members on a rotational basis within the
level of experience of each panel, except that a judge may exclude an
individual attorney from appointment to an individual case for good
cause.
(4) Seek to educate those panel members through an approved
training program.
(5) Establish a cost-efficient plan to ensure maximum recovery of
costs pursuant to Section 987.8.
(d) In a county of the first, second, or third class, the court
shall first utilize the services of the public defender to provide
criminal defense services for indigent defendants. In the event that
the public defender is unavailable and the county and the courts
have contracted with one or more responsible attorneys or with a
panel of attorneys to provide criminal defense services for indigent
defendants, the court shall utilize the services of the
county-contracted attorneys prior to assigning any other private
counsel. Nothing in this subdivision shall be construed to require
the appointment of counsel in any case in which the counsel has a
conflict of interest. In the interest of justice, a court may depart
from that portion of the procedure requiring appointment of a
county-contracted attorney after making a finding of good cause and
stating the reasons therefor on the record.
(e) In a county of the first, second, or third class, the court
shall first utilize the services of the public defender to provide
criminal defense services for indigent defendants. In the event that
the public defender is unavailable and the county has created a
second public defender and contracted with one or more responsible
attorneys or with a panel of attorneys to provide criminal defense
services for indigent defendants, and if the quality of
representation provided by the second public defender is comparable
to the quality of representation provided by the public defender, the
court shall next utilize the services of the second public defender
and then the services of the county-contracted attorneys prior to
assigning any other private counsel. Nothing in this subdivision
shall be construed to require the appointment of counsel in any case
in which the counsel has a conflict of interest. In the interest of
justice, a court may depart from that portion of the procedure
requiring appointment of the second public defender or a
county-contracted attorney after making a finding of good cause and
stating the reasons therefor on the record.
(f) In any case in which counsel is assigned as provided in
subdivision (a), that counsel appointed by the court and any
court-appointed licensed private investigator shall have the same
rights and privileges to information as the public defender and the
public defender investigator. It is the intent of the Legislature in
enacting this subdivision to equalize any disparity that exists
between the ability of private, court-appointed counsel and
investigators, and public defenders and public defender
investigators, to represent their clients. This subdivision is not
intended to grant to private investigators access to any confidential
Department of Motor Vehicles' information not otherwise available to
them. This subdivision is not intended to extend to private
investigators the right to issue subpoenas.
(g) Notwithstanding any other provision of this section, where an
indigent defendant is first charged in one county and establishes an
attorney-client relationship with the public defender, defense
services contract attorney, or private attorney, and where the
defendant is then charged with an offense in a second or subsequent
county, the court in the second or subsequent county may appoint the
same counsel as was appointed in the first county to represent the
defendant when all of the following conditions are met:
(1) The offense charged in the second or subsequent county would
be joinable for trial with the offense charged in the first if it
took place in the same county, or involves evidence which would be
cross-admissible.
(2) The court finds that the interests of justice and economy will
be best served by unitary representation.
(3) Counsel appointed in the first county consents to the
appointment.
(h) The county may recover costs of public defender services under
Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 for
any case subject to Section 4750.
(i) Counsel shall be appointed to represent, in a misdemeanor
case, a person who desires but is unable to employ counsel, when it
appears that the appointment is necessary to provide an adequate and
effective defense for the defendant. Appointment of counsel in an
infraction case is governed by Section 19.6.
(j) As used in this section, "county of the first, second, or
third class" means the county of the first class, county of the
second class, and county of the third class as provided by Sections
28020, 28022, 28023, and 28024 of the Government Code.
SEC. 379. Section 988 of the Penal Code is amended to read:
988. The arraignment must be made by the court, or by the clerk
or prosecuting attorney under its direction, and consists in reading
the accusatory pleading to the defendant and delivering to the
defendant a true copy thereof, and of the endorsements thereon, if
any, including the list of witnesses, and asking the defendant
whether the defendant pleads guilty or not guilty to the accusatory
pleading; provided, that where the accusatory pleading is a complaint
charging a misdemeanor, a copy of the same need not be delivered to
any defendant unless requested by the defendant.
SEC. 380. Section 990 of the Penal Code is amended to read:
990. If on the arraignment, the defendant requires it, the
defendant must be allowed a reasonable time to answer, which shall be
not less than one day in a felony case and not more than seven days
in a misdemeanor or infraction case.
SEC. 381. Section 1000 of the Penal Code is amended to read:
1000. (a) This chapter shall apply whenever a case is before any
court upon an accusatory pleading for a violation of Section 11350,
11357, 11364, 11365, 11377, or 11550 of the Health and Safety Code,
or Section 11358 of the Health and Safety Code if the marijuana
planted, cultivated, harvested, dried, or processed is for personal
use, or Section 11368 of the Health and Safety Code if the narcotic
drug was secured by a fictitious prescription and is for the personal
use of the defendant and was not sold or furnished to another, or
subdivision (d) of Section 653f if the solicitation was for acts
directed to personal use only, or Section 381 or subdivision (f) of
Section 647 of the Penal Code, if for being under the influence of a
controlled substance, or Section 4230 of the Business and Professions
Code, and it appears to the prosecuting attorney that, except as
provided in subdivision (b) of Section 11357 of the Health and Safety
Code, all of the following apply to the defendant:
(1) The defendant has no conviction for any offense involving
controlled substances prior to the alleged commission of the charged
offense.
(2) The offense charged did not involve a crime of violence or
threatened violence.
(3) There is no evidence of a violation relating to narcotics or
restricted dangerous drugs other than a violation of the sections
listed in this subdivision.
(4) The defendant's record does not indicate that probation or
parole has ever been revoked without thereafter being completed.
(5) The defendant's record does not indicate that he or she has
successfully completed or been terminated from diversion or deferred
entry of judgment pursuant to this chapter within five years prior to
the alleged commission of the charged offense.
(6) The defendant has no prior felony conviction within five years
prior to the alleged commission of the charged offense.
(b) The prosecuting attorney shall review his or her file to
determine whether or not paragraphs (1) to (6), inclusive, of
subdivision (a) apply to the defendant. Upon the agreement of the
prosecuting attorney, law enforcement, the public defender, and the
presiding judge of the criminal division of the municipal court or of
the superior court in a county in which there is no municipal court,
or a judge designated by the presiding judge, this procedure shall
be completed as soon as possible after the initial filing of the
charges. If the defendant is found eligible, the prosecuting
attorney shall file with the court a declaration in writing or state
for the record the grounds upon which the determination is based, and
shall make this information available to the defendant and his or
her attorney. This procedure is intended to allow the court to set
the hearing for deferred entry of judgment at the arraignment. If
the defendant is found ineligible for deferred entry of judgment, the
prosecuting attorney shall file with the court a declaration in
writing or state for the record the grounds upon which the
determination is based, and shall make this information available to
the defendant and his or her attorney. The sole remedy of a
defendant who is found ineligible for deferred entry of judgment is a
postconviction appeal.
(c) All referrals for deferred entry of judgment granted by the
court pursuant to this chapter shall be made only to programs that
have been certified by the county drug program administrator pursuant
to Chapter 1.5 (commencing with Section 1211) of Title 8, or to
programs that provide services at no cost to the participant and have
been deemed by the court and the county drug program administrator
to be credible and effective. The defendant may request to be
referred to a program in any county, as long as that program meets
the criteria set forth in this subdivision.
(d) Deferred entry of judgment for a violation of Section 11368 of
the Health and Safety Code shall not prohibit any administrative
agency from taking disciplinary action against a licensee or from
denying a license. Nothing in this subdivision shall be construed to
expand or restrict the provisions of Section 1000.4.
(e) Any defendant who is participating in a program referred to in
this section may be required to undergo analysis of his or her urine
for the purpose of testing for the presence of any drug as part of
the program. However, urine analysis results shall not be admissible
as a basis for any new criminal prosecution or proceeding.
SEC. 382. Section 1007 of the Penal Code is amended to read:
1007. Upon considering the demurrer, the court must make an order
either overruling or sustaining it. If the demurrer to an
indictment or information is overruled, the court must permit the
defendant, at the defendant's election, to plead, which the
defendant must do forthwith, unless the court extends the time. If
the demurrer is sustained, the court must, if the defect can be
remedied by amendment, permit the indictment or information to be
amended, either forthwith or within such time, not exceeding 10 days,
as it may fix, or, if the defect or insufficiency therein cannot be
remedied by amendment, the court may direct the filing of a new
information or the submission of the case to the same or another
grand jury. If the demurrer to a complaint is sustained, the court
must, if the defect can be remedied, permit the filing of an amended
complaint within such time not exceeding 10 days as it may fix. The
orders made under this section shall be entered in the docket or
minutes of the court.
SEC. 383. Section 1009 of the Penal Code is amended to read:
1009. An indictment, accusation or information may be amended by
the district attorney, and an amended complaint may be filed by the
prosecuting attorney, without leave of court at any time before the
defendant pleads or a demurrer to the original pleading is sustained.
The court in which an action is pending may order or permit an
amendment of an indictment, accusation or information, or the filing
of an amended complaint, for any defect or insufficiency, at any
stage of the proceedings, or if the defect in an indictment or
information be one that cannot be remedied by amendment, may order
the case submitted to the same or another grand jury, or a new
information to be filed. The defendant shall be required to plead to
such amendment or amended pleading forthwith, or, at the time fixed
for pleading, if the defendant has not yet pleaded and the trial or
other proceeding shall continue as if the pleading had been
originally filed as amended, unless the substantial rights of the
defendant would be prejudiced thereby, in which event a reasonable
postponement, not longer than the ends of justice require, may be
granted. An indictment or accusation cannot be amended so as to
change the offense charged, nor an information so as to charge an
offense not shown by the evidence taken at the preliminary
examination. A complaint cannot be amended to charge an offense not
attempted to be charged by the original complaint, except that
separate counts may be added which might properly have been joined in
the original complaint. The amended complaint must be verified but
may be verified by some person other than the one who made oath to
the original complaint.
SEC. 384. Section 1010 of the Penal Code is amended to read:
1010. When an indictment or information is dismissed after the
sustaining of a demurrer, or at any other stage of the proceedings
because of any defect or insufficiency of the indictment or
information, if the court directs that the case be resubmitted to the
same or another grand jury or that a new information be filed, the
defendant shall not be discharged from custody, nor the defendant's
bail exonerated nor money or other property deposited instead of bail
on the defendant's behalf refunded, but the same proceedings must be
had on such direction as are prescribed in Sections 997 and 998.
SEC. 385. Section 1016 of the Penal Code is amended to read:
1016. There are six kinds of pleas to an indictment or an
information, or to a complaint charging a misdemeanor or infraction:
1. Guilty.
2. Not guilty.
3. Nolo contendere, subject to the approval of the court. The
court shall ascertain whether the defendant completely understands
that a plea of nolo contendere shall be considered the same as a plea
of guilty and that, upon a plea of nolo contendere, the court shall
find the defendant guilty. The legal effect of such a plea, to a
crime punishable as a felony, shall be the same as that of a plea of
guilty for all purposes. In cases other than those punishable as
felonies, the plea and any admissions required by the court during
any inquiry it makes as to the voluntariness of, and factual basis
for, the plea may not be used against the defendant as an admission
in any civil suit based upon or growing out of the act upon which the
criminal prosecution is based.
4. A former judgment of conviction or acquittal of the offense
charged.
5. Once in jeopardy.
6. Not guilty by reason of insanity.
A defendant who does not plead guilty may enter one or more of the
other pleas. A defendant who does not plead not guilty by reason of
insanity shall be conclusively presumed to have been sane at the
time of the commission of the offense charged; provided, that the
court may for good cause shown allow a change of plea at any time
before the commencement of the trial. A defendant who pleads not
guilty by reason of insanity, without also pleading not guilty,
thereby admits the commission of the offense charged.
SEC. 386. Section 1038 of the Penal Code is amended to read:
1038. (a) The Judicial Council shall adopt rules of practice and
procedure for the change of venue in criminal actions.
(b) Judicial Council rules may provide for transfer of a
misdemeanor or infraction case in the superior court in a county in
which there is no municipal court to another branch or location of
the superior court in the same county.
SEC. 387. Section 1039 is added to the Penal Code, to read:
1039. A change of venue in a misdemeanor or infraction case shall
be to a municipal court in the county to which the case is
transferred or to the superior court if there is no municipal court
in that county.
SEC. 388. Section 1050 of the Penal Code is amended to read:
1050. (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time. To
this end, the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse
consequences to the welfare of the people
and the defendant. Excessive continuances contribute substantially
to this congestion and cause substantial hardship to victims and
other witnesses. Continuances also lead to longer periods of
presentence confinement for those defendants in custody and the
concomitant overcrowding and increased expenses of local jails. It
is therefore recognized that the people, the defendant, and the
victims and other witnesses have the right to an expeditious
disposition, and to that end it shall be the duty of all courts and
judicial officers and of all counsel, both for the prosecution and
the defense, to expedite these proceedings to the greatest degree
that is consistent with the ends of justice. In accordance with this
policy, criminal cases shall be given precedence over, and set for
trial and heard without regard to the pendency of, any civil matters
or proceedings.
(b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first. A party shall not
be deemed to have been served within the meaning of this section
until that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner. Regardless of the proponent of the
motion, the prosecuting attorney shall notify people's witnesses and
the defense attorney shall notify defense's witnesses of the notice
of motion, the date of the hearing, and the witnesses' right to be
heard by the court. The superior and municipal courts of a county
may adopt rules, which shall be consistent, regarding the method of
giving the notice or waiver of service required by this subdivision,
where a continuance is sought because of a conflict between
scheduled appearances in the courts of that county.
(c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
(d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing the
court shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the
facts proved that justify its finding. A statement of the finding
and a statement of facts proved shall be entered in the minutes. If
the moving party is unable to show good cause for the failure to
give notice, the motion for continuance shall not be granted.
(e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
(f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall
be entered in the minutes.
(g) When deciding whether or not good cause for a continuance has
been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers. Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted. The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
For purposes of this section, "good cause" includes, but is not
limited to, those cases involving allegations that a violation of one
or more of the sections specified in subdivision (a) of Section
11165.1 or Section 11165.6, or domestic violence as defined in
Section 13700, has occurred and the prosecuting attorney assigned to
the case has another trial, preliminary hearing, or motion to
suppress in progress in that court or another court. A continuance
under this paragraph shall be limited to a maximum of 10 additional
court days.
(h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
(i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
(j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
(k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
SEC. 388.5. Section 1050 of the Penal Code is amended to read:
1050. (a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time. To
this end the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant. Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses. Continuances also lead to
longer periods of presentence confinement for those defendants in
custody and the concomitant overcrowding and increased expenses of
local jails. It is therefore recognized that the people, the
defendant, and the victims and other witnesses have the right to an
expeditious disposition, and to that end it shall be the duty of all
courts and judicial officers and of all counsel, both for the
prosecution and the defense, to expedite these proceedings to the
greatest degree that is consistent with the ends of justice. In
accordance with this policy, criminal cases shall be given precedence
over, and set for trial and heard without regard to the pendency of,
any civil matters or proceedings.
(b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first. A party shall not
be deemed to have been served within the meaning of this section
until that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner. Regardless of the proponent of the
motion, the prosecuting attorney shall notify the people's witnesses
and the defense attorney shall notify the defense's witnesses of the
notice of motion, the date of the hearing, and the witnesses' right
to be heard by the court. The superior and municipal courts of a
county may adopt rules, which shall be consistent, regarding the
method of giving the notice or waiver of service required by this
subdivision, where a continuance is sought because of a conflict
between scheduled appearances in the courts of that county.
(c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
(d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing the
court shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the
facts proved that justify its finding. A statement of the finding
and a statement of facts proved shall be entered in the minutes. If
the moving party is unable to show good cause for the failure to
give notice, the motion for continuance shall not be granted.
(e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
(f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall
be entered in the minutes.
(g) When deciding whether or not good cause for a continuance has
been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers. Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted. The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
For purposes of this section, "good cause" includes, but is not
limited to, those cases involving murder, as defined in subdivision
(a) of Section 187, allegations that a violation of one or more of
the sections specified in subdivision (a) of Section 11165.1 or
Section 11165.6, or domestic violence as defined in Section 13700,
has occurred and the prosecuting attorney assigned to the case has
another trial, preliminary hearing, or motion to suppress in progress
in that court or another court. A continuance under this paragraph
shall be limited to a maximum of 10 additional court days.
(h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
(i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
(j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
(k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
SEC. 389. Section 1130 of the Penal Code is amended to read:
1130. If the prosecuting attorney fails to attend at the trial of
a felony, the court must appoint an attorney at law to perform the
duties of the prosecuting attorney on such trial.
SEC. 390. Section 1150 of the Penal Code is amended to read:
1150. The jury must render a general verdict, except that in a
felony case, when they are in doubt as to the legal effect of the
facts proved, they may, except upon a trial for libel, find a special
verdict.
SEC. 391. Section 1187 of the Penal Code is amended to read:
1187. The effect of an order arresting judgment, in a felony
case, is to place the defendant in the same situation in which the
defendant was immediately before the indictment was found or
information filed. In a misdemeanor or infraction case, the effect
is to place the defendant in the situation in which the defendant was
before the trial was had.
SEC. 392. Section 1191 of the Penal Code is amended to read:
1191. In a felony case, after a plea, finding, or verdict of
guilty, or after a finding or verdict against the defendant on a plea
of a former conviction or acquittal, or once in jeopardy, the court
shall appoint a time for pronouncing judgment, which shall be within
20 judicial days after the verdict, finding, or plea of guilty,
during which time the court shall refer the case to the probation
officer for a report if eligible for probation and pursuant to
Section 1203. However, the court may extend the time not more than
10 days for the purpose of hearing or determining any motion for a
new trial, or in arrest of judgment, and may further extend the time
until the probation officer's report is received and until any
proceedings for granting or denying probation have been disposed of.
If, in the opinion of the court, there is a reasonable ground for
believing a defendant insane, the court may extend the time for
pronouncing sentence until the question of insanity has been heard
and determined, as provided in this code. If the court orders the
defendant placed in a diagnostic facility pursuant to Section
1203.03, the time otherwise allowed by this section for pronouncing
judgment is extended by a period equal to (1) the number of days
which elapse between the date of the order and the date on which
notice is received from the Director of Corrections advising whether
or not the Department of Corrections will receive the defendant in
the facility, and (2) if the director notifies the court that it will
receive the defendant, the time which elapses until his or her
return to the court from the facility.
SEC. 393. Section 1203.1 of the Penal Code is amended to read:
1203.1. (a) The court, or judge thereof, in the order granting
probation, may suspend the imposing or the execution of the sentence
and may direct that the suspension may continue for a period of time
not exceeding the maximum possible term of the sentence, except as
hereinafter set forth, and upon those terms and conditions as it
shall determine. The court, or judge thereof, in the order granting
probation and as a condition thereof, may imprison the defendant in a
county jail for a period not exceeding the maximum time fixed by law
in the case.
However, where the maximum possible term of the sentence is five
years or less, then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue
for not over five years. The following shall apply to this
subdivision:
(1) The court may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case.
(2) The court may, in connection with granting probation, impose
either imprisonment in a county jail or a fine, both, or neither.
(3) The court shall provide for restitution in proper cases.
(4) The court may require bonds for the faithful observance and
performance of any or all of the conditions of probation.
(b) The court shall consider whether the defendant as a condition
of probation shall make restitution to the victim or the Restitution
Fund. Any restitution payment received by a probation department in
the form of cash or money order shall be forwarded to the victim
within 30 days from the date the payment is received by the
department. Any restitution payment received by a probation
department in the form of a check or draft shall be forwarded to the
victim within 45 days from the date the payment is received by the
department, provided, that payment need not be forwarded to a victim
until 180 days from the date the first payment is received, if the
restitution payments for that victim received by the probation
department total less than fifty dollars ($50). In cases where the
court has ordered the defendant to pay restitution to multiple
victims and where the administrative cost of disbursing restitution
payments to multiple victims involves a significant cost, any
restitution payment received by a probation department shall be
forwarded to multiple victims when it is cost-effective to do so, but
in no event shall restitution disbursements be delayed beyond 180
days from the date the payment is received by the probation
department.
(c) In counties or cities and counties where road camps, farms, or
other public work is available the court may place the probationer
in the road camp, farm, or other public work instead of in jail. In
this case, Section 25359 of the Government Code shall apply to
probation and the court shall have the same power to require adult
probationers to work, as prisoners confined in the county jail are
required to work, at public work. Each county board of supervisors
may fix the scale of compensation of the adult probationers in that
county.
(d) In all cases of probation the court may require as a condition
of probation that the probationer go to work and earn money for the
support of his or her dependents or to pay any fine imposed or
reparation condition, to keep an account of his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
(e) The court shall also consider whether the defendant as a
condition of probation shall make restitution to a public agency for
the costs of an emergency response pursuant to Article 8 (commencing
with Section 53150) of Chapter 1 of Part 1 of Division 2 of the
Government Code.
(f) In all felony cases in which, as a condition of probation, a
judge of the superior court sitting by authority of law elsewhere
than at the county seat requires a convicted person to serve his or
her sentence at intermittent periods the sentence may be served on
the order of the judge at the city jail nearest to the place at which
the court is sitting, and the cost of his or her maintenance shall
be a county charge.
(g) (1) The court and prosecuting attorney shall consider whether
any defendant who has been convicted of a nonviolent or nonserious
offense and ordered to participate in community service as a
condition of probation shall be required to engage in the removal of
graffiti in the performance of the community service. For the
purpose of this subdivision, a nonserious offense shall not include
the following:
(A) Offenses in violation of the Dangerous Weapons' Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).
(B) Offenses involving the use of a dangerous or deadly weapon,
including all violations of Section 417.
(C) Offenses involving the use or attempted use of violence
against the person of another or involving injury to a victim.
(D) Offenses involving annoying or molesting children.
(2) Notwithstanding subparagraph (A) of paragraph (1), any person
who violates Section 12101 shall be ordered to perform not less than
100 hours and not more than 500 hours of community service as a
condition of probation.
(3) The court and the prosecuting attorney need not consider a
defendant pursuant to paragraph (1) if the following circumstances
exist:
(A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
(B) The judge believes that the public safety may be endangered if
the person is ordered to do community service or the judge believes
that the facts or circumstances or facts and circumstances call for
imposition of a more substantial penalty.
(h) The probation officer or his or her designated representative
shall consider whether any defendant who has been convicted of a
nonviolent and nonserious offense and ordered to participate in
community service as a condition of probation shall be required to
engage in the performance of house repairs or yard services for
senior citizens and the performance of repairs to senior centers
through contact with local senior service organizations in the
performance of the community service.
(i) Upon conviction of any offense involving child abuse or
neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both, including, but not limited to, parent
education or parenting programs operated by community colleges,
school districts, other public agencies, or private agencies.
(j) The court may impose and require any or all of the
above-mentioned terms of imprisonment, fine, and conditions, and
other reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be made
to society for the breach of the law, for any injury done to any
person resulting from that breach, and generally and specifically for
the reformation and rehabilitation of the probationer, and that
should the probationer violate any of the terms or conditions imposed
by the court in the matter, it shall have authority to modify and
change any and all of the terms and conditions and to reimprison the
probationer in the county jail within the limitations of the penalty
of the public offense involved. Upon the defendant being released
from the county jail under the terms of probation as originally
granted or any modification subsequently made, and in all cases where
confinement in a county jail has not been a condition of the grant
of probation, the court shall place the defendant or probationer in
and under the charge of the probation officer of the court, for the
period or term fixed for probation. However, upon the payment of any
fine imposed and the fulfillment of all conditions of probation,
probation shall cease at the end of the term of probation, or sooner,
in the event of modification. In counties and cities and counties
in which there are facilities for taking fingerprints, those of each
probationer shall be taken and a record of them kept and preserved.
(k) Notwithstanding any other provisions of law to the contrary,
except as provided in Section 13967, as operative on or before
September 28, 1994, of the Government Code and Section 13967.5 of the
Government Code and Sections 1202.4, 1463.16, paragraph (1) of
subdivision (a) of Section 1463.18, and Section 1464, and Section
1203.04, as operative on or before August 2, 1995, all fines
collected by a county probation officer in any of the courts of this
state, as a condition of the granting of probation or as a part of
the terms of probation, shall be paid into the county treasury and
placed in the general fund for the use and benefit of the county.
(l) If the court orders restitution to be made to the victim, the
board of supervisors may add a fee to cover the actual administrative
cost of collecting restitution but not to exceed 10 percent of the
total amount ordered to be paid. The fees shall be paid into the
general fund of the county treasury for the use and benefit of the
county.
SEC. 393.3. Section 1203.1 of the Penal Code is amended to read:
1203.1. (a) The court, or judge thereof, in the order granting
probation, may suspend the imposing or the execution of the sentence
and may direct that the suspension may continue for a period of time
not exceeding the maximum possible term of the sentence, except as
hereinafter set forth, and upon those terms and conditions as it
shall determine. The court, or judge thereof, in the order granting
probation and as a condition thereof, may imprison the defendant in a
county jail for a period not exceeding the maximum time fixed by law
in the case.
However, where the maximum possible term of the sentence is five
years or less, then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue
for not over five years. The following shall apply to this
subdivision:
(1) The court may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case.
(2) The court may, in connection with granting probation, impose
either imprisonment in a county jail or a fine, both, or neither.
(3) The court shall provide for restitution in proper cases. The
restitution order shall be fully enforceable as a civil judgment
forthwith and in accordance with Section 1202.4 of the Penal Code.
(4) The court may require bonds for the faithful observance and
performance of any or all of the conditions of probation.
(b) The court shall consider whether the defendant as a condition
of probation shall make restitution to the victim or the Restitution
Fund. Any restitution payment received by a probation department in
the form of cash or money order shall be forwarded to the victim
within 30 days from the date the payment is received by the
department. Any restitution payment received by a probation
department in the form of a check or draft shall be forwarded to the
victim within 45 days from the date the payment is received by the
department, provided, that payment need not be forwarded to a victim
until 180 days from the date the first payment is received, if
the restitution payments for
that victim received by the probation department total less than
fifty dollars ($50). In cases where the court has ordered the
defendant to pay restitution to multiple victims and where the
administrative cost of disbursing restitution payments to multiple
victims involves a significant cost, any restitution payment received
by a probation department shall be forwarded to multiple victims
when it is cost-effective to do so, but in no event shall restitution
disbursements be delayed beyond 180 days from the date the payment
is received by the probation department.
(c) In counties or cities and counties where road camps, farms, or
other public work is available the court may place the probationer
in the road camp, farm, or other public work instead of in jail. In
this case, Section 25359 of the Government Code shall apply to
probation and the court shall have the same power to require adult
probationers to work, as prisoners confined in the county jail are
required to work, at public work. Each county board of supervisors
may fix the scale of compensation of the adult probationers in that
county.
(d) In all cases of probation the court may require as a condition
of probation that the probationer go to work and earn money for the
support of his or her dependents or to pay any fine imposed or
reparation condition, to keep an account of his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
(e) The court shall also consider whether the defendant as a
condition of probation shall make restitution to a public agency for
the costs of an emergency response pursuant to Article 8 (commencing
with Section 53150) of Chapter 1 of Part 1 of Division 2 of the
Government Code.
(f) In all felony cases in which, as a condition of probation, a
judge of the superior court sitting by authority of law elsewhere
than at the county seat requires a convicted person to serve his or
her sentence at intermittent periods the sentence may be served on
the order of the judge at the city jail nearest to the place at which
the court is sitting, and the cost of his or her maintenance shall
be a county charge.
(g) (1) The court and prosecuting attorney shall consider whether
any defendant who has been convicted of a nonviolent or nonserious
offense and ordered to participate in community service as a
condition of probation shall be required to engage in the removal of
graffiti in the performance of the community service. For the
purpose of this subdivision, a nonserious offense shall not include
the following:
(A) Offenses in violation of the Dangerous Weapons' Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).
(B) Offenses involving the use of a dangerous or deadly weapon,
including all violations of Section 417.
(C) Offenses involving the use or attempted use of violence
against the person of another or involving injury to a victim.
(D) Offenses involving annoying or molesting children.
(2) Notwithstanding subparagraph (A) of paragraph (1), any person
who violates Section 12101 shall be ordered to perform not less than
100 hours and not more than 500 hours of community service as a
condition of probation.
(3) The court and the prosecuting attorney need not consider a
defendant pursuant to paragraph (1) if the following circumstances
exist:
(A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
(B) The judge believes that the public safety may be endangered if
the person is ordered to do community service or the judge believes
that the facts or circumstances or facts and circumstances call for
imposition of a more substantial penalty.
(h) The probation officer or his or her designated representative
shall consider whether any defendant who has been convicted of a
nonviolent and nonserious offense and ordered to participate in
community service as a condition of probation shall be required to
engage in the performance of house repairs or yard services for
senior citizens and the performance of repairs to senior centers
through contact with local senior service organizations in the
performance of the community service.
(i) Upon conviction of any offense involving child abuse or
neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both, including, but not limited to, parent
education or parenting programs operated by community colleges,
school districts, other public agencies, or private agencies.
(j) The court may impose and require any or all of the
above-mentioned terms of imprisonment, fine, and conditions, and
other reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be made
to society for the breach of the law, for any injury done to any
person resulting from that breach, and generally and specifically for
the reformation and rehabilitation of the probationer, and that
should the probationer violate any of the terms or conditions imposed
by the court in the matter, it shall have authority to modify and
change any and all the terms and conditions and to reimprison the
probationer in the county jail within the limitations of the penalty
of the public offense involved. Upon the defendant being released
from the county jail under the terms of probation as originally
granted or any modification subsequently made, and in all cases where
confinement in a county jail has not been a condition of the grant
of probation, the court shall place the defendant or probationer in
and under the charge of the probation officer of the court, for the
period or term fixed for probation. However, upon the payment of any
fine imposed and the fulfillment of all conditions of probation,
probation shall cease at the end of the term of probation, or sooner,
in the event of modification. In counties and cities and counties
in which there are facilities for taking fingerprints, those of each
probationer shall be taken and a record of them kept and preserved.
(k) Notwithstanding any other provisions of law to the contrary,
except as provided in Section 13967, as operative on or before
September 28, 1994, of the Government Code and Section 13967.5 of the
Government Code and Sections 1202.4, 1463.16, paragraph (1) of
subdivision (a) of Section 1463.18, and Section 1464, and Section
1203.04, as operative on or before August 2, 1995, all fines
collected by a county probation officer in any of the courts of this
state, as a condition of the granting of probation or as a part of
the terms of probation, shall be paid into the county treasury and
placed in the general fund for the use and benefit of the county.
(l) If the court orders restitution to be made to the victim, the
board of supervisors may add a fee to cover the actual administrative
cost of collecting restitution but not to exceed 10 percent of the
total amount ordered to be paid. The fees shall be paid into the
general fund of the county treasury for the use and benefit of the
county.
SEC. 393.4. Section 1203.1 of the Penal Code is amended to read:
1203.1. (a) The court, or judge thereof, in the order granting
probation, may suspend the imposing or the execution of the sentence
and may direct that the suspension may continue for a period of time
not exceeding the maximum possible term of the sentence, except as
hereinafter set forth, and upon those terms and conditions as it
shall determine. The court, or judge thereof, in the order granting
probation and as a condition thereof, may imprison the defendant in a
county jail for a period not exceeding the maximum time fixed by law
in the case.
However, where the maximum possible term of the sentence is five
years or less, then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue
for not over five years. The following shall apply to this
subdivision:
(1) The court may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case.
(2) The court may, in connection with granting probation, impose
either imprisonment in a county jail or a fine, both, or neither.
(3) The court shall provide for restitution in proper cases.
(4) The court may require bonds for the faithful observance and
performance of any or all of the conditions of probation.
(b) The court shall consider whether the defendant as a condition
of probation shall make restitution to the victim or the Restitution
Fund. Any restitution payment received by a probation department in
the form of cash or money order shall be forwarded to the victim
within 30 days from the date the payment is received by the
department. Any restitution payment received by a probation
department in the form of a check or draft shall be forwarded to the
victim within 45 days from the date the payment is received by the
department, provided, that payment need not be forwarded to a victim
until 180 days from the date the first payment is received, if the
restitution payments for that victim received by the probation
department total less than fifty dollars ($50). In cases where the
court has ordered the defendant to pay restitution to multiple
victims and where the administrative cost of disbursing restitution
payments to multiple victims involves a significant cost, any
restitution payment received by a probation department shall be
forwarded to multiple victims when it is cost-effective to do so, but
in no event shall restitution disbursements be delayed beyond 180
days from the date the payment is received by the probation
department.
(c) In counties or cities and counties where road camps, farms, or
other public work is available the court may place the probationer
in the road camp, farm, or other public work instead of in jail. In
this case, Section 25359 of the Government Code shall apply to
probation and the court shall have the same power to require adult
probationers to work, as prisoners confined in the county jail are
required to work, at public work. Each county board of supervisors
may fix the scale of compensation of the adult probationers in that
county.
(d) In all cases of probation the court may require as a condition
of probation that the probationer go to work and earn money for the
support of his or her dependents or to pay any fine imposed or
reparation condition, to keep an account of his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
(e) The court shall also consider whether the defendant as a
condition of probation shall make restitution to a public agency for
the costs of an emergency response pursuant to Article 8 (commencing
with Section 53150) of Chapter 1 of Part 1 of Division 2 of the
Government Code.
(f) In all felony cases in which, as a condition of probation, a
judge of the superior court sitting by authority of law elsewhere
than at the county seat requires a convicted person to serve his or
her sentence at intermittent periods the sentence may be served on
the order of the judge at the city jail nearest to the place at which
the court is sitting, and the cost of his or her maintenance shall
be a county charge.
(g) (1) The court and prosecuting attorney shall consider whether
any defendant who has been convicted of a nonviolent or nonserious
offense and ordered to participate in community service as a
condition of probation shall be required to engage in the removal of
graffiti in the performance of the community service. For the
purpose of this subdivision, a nonserious offense shall not include
the following:
(A) Offenses in violation of the Dangerous Weapons' Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).
(B) Offenses involving the use of a dangerous or deadly weapon,
including all violations of Section 417.
(C) Offenses involving the use or attempted use of violence
against the person of another or involving injury to a victim.
(D) Offenses involving annoying or molesting children.
(2) Notwithstanding subparagraph (A) of paragraph (1), any person
who violates Section 12101 shall be ordered to perform not less than
100 hours and not more than 500 hours of community service as a
condition of probation.
(3) The court and the prosecuting attorney need not consider a
defendant pursuant to paragraph (1) if the following circumstances
exist:
(A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
(B) The judge believes that the public safety may be endangered if
the person is ordered to do community service or the judge believes
that the facts or circumstances or facts and circumstances call for
imposition of a more substantial penalty.
(h) The probation officer or his or her designated representative
shall consider whether any defendant who has been convicted of a
nonviolent and nonserious offense and ordered to participate in
community service as a condition of probation shall be required to
engage in the performance of house repairs or yard services for
senior citizens and the performance of repairs to senior centers
through contact with local senior service organizations in the
performance of the community service.
(i) (1) Upon conviction of any offense involving child abuse or
neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both, including, but not limited to, parent
education or parenting programs operated by community colleges,
school districts, other public agencies, or private agencies.
(2) Upon conviction of any sex offense subjecting the defendant to
the registration requirements of Section 290, the court may order as
a condition of probation, at the request of the victim or in the
court's discretion, that the defendant stay away from the victim and
the victim's residence or place of employment, and that the defendant
have no contact with the victim in person, by telephone or
electronic means, or by mail.
(j) The court may impose and require any or all of the
above-mentioned terms of imprisonment, fine, and conditions, and
other reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be made
to society for the breach of the law, for any injury done to any
person resulting from that breach, and generally and specifically for
the reformation and rehabilitation of the probationer, and that
should the probationer violate any of the terms or conditions imposed
by the court in the matter, it shall have authority to modify and
change any and all the terms and conditions and to reimprison the
probationer in the county jail within the limitations of the penalty
of the public offense involved. Upon the defendant being released
from the county jail under the terms of probation as originally
granted or any modification subsequently made, and in all cases where
confinement in a county jail has not been a condition of the grant
of probation, the court shall place the defendant or probationer in
and under the charge of the probation officer of the court, for the
period or term fixed for probation. However, upon the payment of any
fine imposed and the fulfillment of all conditions of probation,
probation shall cease at the end of the term of probation, or sooner,
in the event of modification. In counties and cities and counties
in which there are facilities for taking fingerprints, those of each
probationer shall be taken and a record of them kept and preserved.
(k) Notwithstanding any other provisions of law to the contrary,
except as provided in Section 13967, as operative on or before
September 28, 1994, of the Government Code and Section 13967.5 of the
Government Code and Sections 1202.4, 1463.16, paragraph (1) of
subdivision (a) of Section 1463.18, and Section 1464, and Section
1203.04, as operative on or before August 2, 1995, all fines
collected by a county probation officer in any of the courts of this
state, as a condition of the granting of probation or as a part of
the terms of probation, shall be paid into the county treasury and
placed in the general fund for the use and benefit of the county.
(l) If the court orders restitution to be made to the victim, the
board of supervisors may add a fee to cover the actual administrative
cost of collecting restitution but not to exceed 10 percent of the
total amount ordered to be paid. The fees shall be paid into the
general fund of the county treasury for the use and benefit of the
county.
SEC. 393.5. Section 1203.1 of the Penal Code is amended to read:
1203.1. (a) The court, or judge thereof, in the order granting
probation, may suspend the imposing or the execution of the sentence
and may direct that the suspension may continue for a period of time
not exceeding the maximum possible term of the sentence, except as
hereinafter set forth, and upon those terms and conditions as it
shall determine. The court, or judge thereof, in the order granting
probation and as a condition thereof, may imprison the defendant in a
county jail for a period not exceeding the maximum time fixed by law
in the case.
However, where the maximum possible term of the sentence is five
years or less, then the period of suspension of imposition or
execution of sentence may, in the discretion of the court, continue
for not over five years. The following shall apply to this
subdivision:
(1) The court may fine the defendant in a sum not to exceed the
maximum fine provided by law in the case.
(2) The court may, in connection with granting probation, impose
either imprisonment in a county jail or a fine, both, or neither.
(3) The court shall provide for restitution in proper cases. The
restitution order shall be fully enforceable as a civil judgment
forthwith and in accordance with Section 1202.4 of the Penal Code.
(4) The court may require bonds for the faithful observance and
performance of any or all of the conditions of probation.
(b) The court shall consider whether the defendant as a condition
of probation shall make restitution to the victim or the Restitution
Fund. Any restitution payment received by a probation department in
the form of cash or money order shall be forwarded to the victim
within 30 days from the date the payment is received by the
department. Any restitution payment received by a probation
department in the form of a check or draft shall be forwarded to the
victim within 45 days from the date the payment is received by the
department, provided, that payment need not be forwarded to a victim
until 180 days from the date the first payment is received, if the
restitution payments for that victim received by the probation
department total less than fifty dollars ($50). In cases where the
court has ordered the defendant to pay restitution to multiple
victims and where the administrative cost of disbursing restitution
payments to multiple victims involves a significant cost, any
restitution payment received by a probation department shall be
forwarded to multiple victims when it is cost-effective to do so, but
in no event shall restitution disbursements be delayed beyond 180
days from the date the payment is received by the probation
department.
(c) In counties or cities and counties where road camps, farms, or
other public work is available the court may place the probationer
in the road camp, farm, or other public work instead of in jail. In
this case, Section 25359 of the Government Code shall apply to
probation and the court shall have the same power to require adult
probationers to work, as prisoners confined in the county jail are
required to work, at public work. Each county board of supervisors
may fix the scale of compensation of the adult probationers in that
county.
(d) In all cases of probation the court may require as a condition
of probation that the probationer go to work and earn money for the
support of his or her dependents or to pay any fine imposed or
reparation condition, to keep an account of his or her earnings, to
report them to the probation officer and apply those earnings as
directed by the court.
(e) The court shall also consider whether the defendant as a
condition of probation shall make restitution to a public agency for
the costs of an emergency response pursuant to Article 8 (commencing
with Section 53150) of Chapter 1 of Part 1 of Division 2 of the
Government Code.
(f) In all felony cases in which, as a condition of probation, a
judge of the superior court sitting by authority of law elsewhere
than at the county seat requires a convicted person to serve his or
her sentence at intermittent periods the sentence may be served on
the order of the judge at the city jail nearest to the place at which
the court is sitting, and the cost of his or her maintenance shall
be a county charge.
(g) (1) The court and prosecuting attorney shall consider whether
any defendant who has been convicted of a nonviolent or nonserious
offense and ordered to participate in community service as a
condition of probation shall be required to engage in the removal of
graffiti in the performance of the community service. For the
purpose of this subdivision, a nonserious offense shall not include
the following:
(A) Offenses in violation of the Dangerous Weapons' Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4).
(B) Offenses involving the use of a dangerous or deadly weapon,
including all violations of Section 417.
(C) Offenses involving the use or attempted use of violence
against the person of another or involving injury to a victim.
(D) Offenses involving annoying or molesting children.
(2) Notwithstanding subparagraph (A) of paragraph (1), any person
who violates Section 12101 shall be ordered to perform not less than
100 hours and not more than 500 hours of community service as a
condition of probation.
(3) The court and the prosecuting attorney need not consider a
defendant pursuant to paragraph (1) if the following circumstances
exist:
(A) The defendant was convicted of any offense set forth in
subdivision (c) of Section 667.5 or subdivision (c) of Section
1192.7.
(B) The judge believes that the public safety may be endangered if
the person is ordered to do community service or the judge believes
that the facts or circumstances or facts and circumstances call for
imposition of a more substantial penalty.
(h) The probation officer or his or her designated representative
shall consider whether any defendant who has been convicted of a
nonviolent and nonserious offense and ordered to participate in
community service as a condition of probation shall be required to
engage in the performance of house repairs or yard services for
senior citizens and the performance of repairs to senior centers
through contact with local senior service organizations in the
performance of the community service.
(i) (1) Upon conviction of any offense involving child abuse or
neglect, the court may require, in addition to any or all of the
above-mentioned terms of imprisonment, fine, and other reasonable
conditions, that the defendant shall participate in counseling or
education programs, or both, including, but not limited to, parent
education or parenting programs operated by community colleges,
school districts, other public agencies, or private agencies.
(2) Upon conviction of any sex offense subjecting the defendant to
the registration requirements of Section 290, the court may order as
a condition of probation, at the request of the victim or in the
court's discretion, that the defendant stay away from the victim and
the victim's residence or place of employment, and that the defendant
have no contact with the victim in person, by telephone or
electronic means, or by mail.
(j) The court may impose and require any or all of the
above-mentioned terms of imprisonment, fine, and conditions, and
other reasonable conditions, as it may determine are fitting and
proper to the end that justice may be done, that amends may be made
to society for the breach of the law, for any injury done to any
person resulting from that breach, and generally and specifically for
the reformation and rehabilitation of the probationer, and that
should the probationer violate any of the terms or conditions imposed
by the court in the matter, it shall have authority to modify and
change any and all the terms and conditions and to reimprison the
probationer in the county jail within the limitations of the penalty
of the public offense involved. Upon the defendant being released
from the county jail under the terms of probation as originally
granted or any modification subsequently made, and in all cases where
confinement in a county jail has not been a condition of the grant
of probation, the court shall place the defendant or probationer in
and under the charge of the probation officer of the court, for the
period or term fixed for probation. However, upon the payment of any
fine imposed and the fulfillment of all conditions of probation,
probation shall cease at the end of the term of probation, or sooner,
in the event of modification. In counties and cities and counties
in which there are facilities for taking fingerprints, those of each
probationer shall be taken and a record of them kept and preserved.
(k) Notwithstanding any other provisions of law to the contrary,
except as provided in Section 13967, as operative on or before
September 28, 1994, of the Government Code and Section 13967.5 of the
Government Code and Sections 1202.4, 1463.16, paragraph (1) of
subdivision (a) of Section 1463.18, and Section 1464, and Section
1203.04, as operative on or before August 2, 1995, all fines
collected by a county probation officer in any of the courts of this
state, as a condition of the granting of probation or as a part of
the terms of probation, shall be paid into the county treasury and
placed in the general fund for the use and benefit of the county.
(l) If the court orders restitution to be made to the victim, the
board of supervisors may add a fee to cover the actual administrative
cost of collecting restitution but not to exceed 10 percent of the
total amount ordered to be paid. The fees shall be paid into the
general fund of the county treasury for the use and benefit
of the county.
SEC. 394. Section 1203.1c of the Penal Code is amended to read:
1203.1c. (a) In any case in which a defendant is convicted of an
offense and is ordered to serve a period of confinement in a county
jail, city jail, or other local detention facility as a term of
probation or a conditional sentence, the court may, after a hearing,
make a determination of the ability of the defendant to pay all or a
portion of the reasonable costs of such incarceration, including
incarceration pending disposition of the case. The reasonable cost
of such incarceration shall not exceed the amount determined by the
board of supervisors, with respect to the county jail, and by the
city council, with respect to the city jail, to be the actual average
cost thereof on a per-day basis. The court may, in its discretion,
hold additional hearings during the probationary period. The court
may, in its discretion before such hearing, order the defendant to
file a statement setting forth his or her assets, liability and
income, under penalty of perjury, and may order the defendant to
appear before a county officer designated by the board of supervisors
to make an inquiry into the ability of the defendant to pay all or a
portion of such costs. At the hearing, the defendant shall be
entitled to have the opportunity to be heard in person or to be
represented by counsel, to present witnesses and other evidence, and
to confront and cross-examine adverse witnesses. A defendant
represented by counsel appointed by the court in the criminal
proceedings shall be entitled to such representation at any hearing
held pursuant to this section. If the court determines that the
defendant has the ability to pay all or a part of the costs, the
court may set the amount to be reimbursed and order the defendant to
pay that sum to the county, or to the city with respect to
incarceration in the city jail, in the manner in which the court
believes reasonable and compatible with the defendant's financial
ability. Execution may be issued on the order in the same manner as
on a judgment in a civil action. The order to pay all or part of the
costs shall not be enforced by contempt.
If practicable, the court shall order payments to be made on a
monthly basis and the payments shall be made payable to the county
officer designated by the board of supervisors, or to a city officer
designated by the city council with respect to incarceration in the
city jail.
A payment schedule for reimbursement of the costs of incarceration
pursuant to this section based upon income shall be developed by the
county officer designated by the board of supervisors, or by the
city council with respect to incarceration in the city jail, and
approved by the presiding judges of the municipal and superior courts
in the county.
(b) "Ability to pay" means the overall capability of the defendant
to reimburse the costs, or a portion of the costs, of incarceration
and includes, but is not limited to, the defendant's:
(1) Present financial obligations, including family support
obligations, and fines, penalties and other obligations to the court.
(2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonable
discernible future position.
(3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
(4) Any other factor or factors which may bear upon the defendant'
s financial ability to reimburse the county or city for the costs.
(c) All sums paid by a defendant pursuant to this section shall be
deposited in the general fund of the county or city.
(d) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors, and shall
be operative in a city upon the adoption of an ordinance to that
effect by the city council. Such ordinance shall include a
designation of the officer responsible for collection of moneys
ordered pursuant to this section and shall include a determination,
to be reviewed annually, of the average per-day costs of
incarceration in the county jail, city jail, or other local detention
facility.
SEC. 395. Section 1214 of the Penal Code is amended to read:
1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4 or Section 1203.04, as
operative on or before August 2, 1995, or Section 13967 of the
Government Code, as operative on or before September 28, 1994, with
or without imprisonment, the judgment may be enforced in the manner
provided for the enforcement of money judgments generally.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order. In addition, upon request, the court
shall provide the State Board of Control with a certified copy of any
order imposing a restitution fine or order. A victim shall have
access to all resources available under the law to enforce the
restitution order, including, but not limited to, access to the
defendant's financial records, use of wage garnishment and lien
procedures, information regarding the defendant's assets, and the
ability to apply for restitution from any fund established for the
purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the State Board of Control shall inform
the court whenever an order to pay restitution is satisfied.
(c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 by the municipal court, or by the superior
court acting pursuant to subdivision (d) of Section 1462, may be
enforced in the same manner as a money judgment in a limited civil
case.
(d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a
judgment for any fine or restitution ordered pursuant to Section
1202.4 or Section 1203.04, as operative on or before August 2, 1995,
or Section 13967 of the Government Code, as operative on or before
September 28, 1994.
SEC. 395.5. Section 1214 of the Penal Code is amended to read:
1214. (a) If the judgment is for a fine, including a restitution
fine ordered pursuant to Section 1202.4 or Section 1203.04, as
operative on or before August 2, 1995, or Section 13967 of the
Government Code, as operative on or before September 28, 1994, with
or without imprisonment, the judgment may be enforced in the manner
provided for the enforcement of money judgments generally.
(b) In any case in which a defendant is ordered to pay
restitution, the order to pay restitution (1) is deemed a money
judgment if the defendant was informed of his or her right to have a
judicial determination of the amount and was provided with a hearing,
waived a hearing, or stipulated to the amount of the restitution
ordered, and (2) shall be fully enforceable by a victim as if the
restitution order were a civil judgment, and enforceable in the same
manner as is provided for the enforcement of any other money
judgment. Upon the victim's request, the court shall provide the
victim in whose favor the order of restitution is entered with a
certified copy of that order. In addition, upon request, the court
shall provide the State Board of Control with a certified copy of any
order imposing a restitution fine or order. A victim shall have
access to all resources available under the law to enforce the
restitution order, including, but not limited to, access to the
defendant's financial records, use of wage garnishment and lien
procedures, information regarding the defendant's assets, and the
ability to apply for restitution from any fund established for the
purpose of compensating victims in civil cases. Any portion of a
restitution order that remains unsatisfied after a defendant is no
longer on probation or parole is enforceable by the victim pursuant
to this section. Victims and the State Board of Control shall inform
the court whenever an order to pay restitution is satisfied.
(c) Except as provided in subdivision (d), and notwithstanding the
amount in controversy limitation of Section 85 of the Code of Civil
Procedure, a restitution order or restitution fine that was imposed
pursuant to Section 1202.4 by the municipal court, or by the superior
court acting pursuant to subdivision (d) of Section 1462, may be
enforced in the same manner as a money judgment in a limited civil
case.
(d) Chapter 3 (commencing with Section 683.010) of Division 1 of
Title 9 of Part 2 of the Code of Civil Procedure shall not apply to a
judgment for any fine or restitution ordered pursuant to Section
1202.4 or Section 1203.04, as operative on or before August 2, 1995,
or Section 13967 of the Government Code, as operative on or before
September 28, 1994.
(e) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
SEC. 396. The heading of Title 9 (commencing with Section 1235) of
Part 2 of the Penal Code is amended to read:
TITLE 9. APPEALS IN FELONY CASES
SEC. 397. Section 1235 of the Penal Code is amended to read:
1235. (a) Either party to a felony case may appeal on questions
of law alone, as prescribed in this title and in rules adopted by the
Judicial Council. The provisions of this title apply only to such
appeals.
(b) An appeal from the judgment or appealable order in a felony
case is to the court of appeal for the district in which the court
from which the appeal is taken is located.
SEC. 398. Section 1269 of the Penal Code is amended to read:
1269. The taking of bail consists in the acceptance, by a
competent court or magistrate, of the undertaking of sufficient bail
for the appearance of the defendant, according to the terms of the
undertaking, or that the bail will pay to the people of this state a
specified sum. Upon filing, the clerk shall enter in the register of
actions the date and amounts of such bond and the name or names of
the surety or sureties thereon. In the event of the loss or
destruction of such bond, such entries so made shall be prima facie
evidence of the due execution of such bond as required by law.
Whenever any bail bond has been deposited in any criminal action
or proceeding in a municipal or superior court or in any proceeding
in habeas corpus in a superior court, and it is made to appear to the
satisfaction of the court by affidavit or by testimony in open court
that more than three years have elapsed since the exoneration or
release of said bail, the court must direct that such bond be
destroyed.
SEC. 399. Section 1269b of the Penal Code is amended to read:
1269b. (a) The officer in charge of a jail where an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or employed at
a fixed police or sheriff's facility and is acting under an
agreement with the agency which keeps the jail wherein an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by such department to
collect bail, the clerk of the municipal court of the judicial
district in which the offense was alleged to have been committed, and
the clerk of the superior court in which the case against the
defendant is pending may approve and accept bail in the amount fixed
by the warrant of arrest, schedule of bail, or order admitting to
bail in cash or surety bond executed by a certified, admitted surety
insurer as provided in the Insurance Code, to issue and sign an order
for the release of the arrested person, and to set a time and place
for the appearance of the arrested person before the appropriate
court and give notice thereof.
(b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance; if that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
uniform countywide schedule of bail for the county in which the
defendant is required to appear, previously fixed and approved as
provided in subdivisions (c) and (d).
(c) It is the duty of the superior and municipal court judges in
each county to prepare, adopt, and annually revise, by a majority
vote, at a meeting called by the presiding judge of the superior
court of the county, a uniform countywide schedule of bail for all
bailable felony offenses.
In adopting a uniform countywide schedule of bail for all bailable
offenses the judges shall consider the seriousness of the offense
charged. In considering the seriousness of the offense charged the
judges shall assign an additional amount of required bail for each
aggravating or enhancing factor chargeable in the complaint,
including, but not limited to, additional bail for charges alleging
facts which would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.6,
12022.7, 12022.8, or 12022.9 of the Penal Code, or Section 11356.5,
11370.2, or 11370.4 of the Health and Safety Code.
In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge shall assign an additional amount
of required bail for offenses involving large quantities of
controlled substances.
(d) The municipal court judges in each county, at a meeting called
by the presiding judge of the municipal court at each county seat,
or the superior court judges in each county in which there is no
municipal court, at a meeting called by the presiding judge of the
superior court, shall prepare, adopt, and annually revise, by a
majority vote, a uniform, countywide schedule of bail for all
misdemeanor and infraction offenses except Vehicle Code infractions.
The penalty schedule for infraction violations of the Vehicle Code
shall be established by the Judicial Council in accordance with
Section 40310 of the Vehicle Code.
(e) Each countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable thereto as the judges
determine to be appropriate. If the schedules do not list all
offenses specifically, they shall contain a general clause for
designated amounts of bail as the judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedules. A copy of the countywide bail schedule shall be sent to
the officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior and municipal
court judge and commissioner in the county, and to the Judicial
Council.
(f) Upon posting bail the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.
All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the county clerk.
(g) If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.
SEC. 399.5. Section 1269b of the Penal Code is amended to read:
1269b. (a) The officer in charge of a jail where an arrested
person is held in custody, an officer of a sheriff's department or
police department of a city who is in charge of a jail or employed at
a fixed police or sheriff's facility and is acting under an
agreement with the agency which keeps the jail wherein an arrested
person is held in custody, an employee of a sheriff's department or
police department of a city who is assigned by such department to
collect bail, the clerk of the municipal court of the judicial
district in which the offense was alleged to have been committed, and
the clerk of the superior court in which the case against the
defendant is pending may approve and accept bail in the amount fixed
by the warrant of arrest, schedule of bail, or order admitting to
bail in cash or surety bond executed by a certified, admitted surety
insurer as provided in the Insurance Code, to issue and sign an order
for the release of the arrested person, and to set a time and place
for the appearance of the arrested person before the appropriate
court and give notice thereof.
(b) If a defendant has appeared before a judge of the court on the
charge contained in the complaint, indictment, or information, the
bail shall be in the amount fixed by the judge at the time of the
appearance; if that appearance has not been made, the bail shall be
in the amount fixed in the warrant of arrest or, if no warrant of
arrest has been issued, the amount of bail shall be pursuant to the
uniform countywide schedule of bail for the county in which the
defendant is required to appear, previously fixed and approved as
provided in subdivisions (c) and (d).
(c) It is the duty of the superior and municipal court judges in
each county to prepare, adopt, and annually revise, by a majority
vote, at a meeting called by the presiding judge of the superior
court of the county, a uniform countywide schedule of bail for all
bailable felony offenses.
In adopting a uniform countywide schedule of bail for all bailable
offenses the judges shall consider the seriousness of the offense
charged. In considering the seriousness of the offense charged the
judges shall assign an additional amount of required bail for each
aggravating or enhancing factor chargeable in the complaint,
including, but not limited to, additional bail for charges alleging
facts which would bring a person within any of the following
sections: Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9,
667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53,
12022.6, 12022.7, 12022.8, or 12022.9 of the Penal Code, or Section
11356.5, 11370.2, or 11370.4 of the Health and Safety Code.
In considering offenses wherein a violation of Chapter 6
(commencing with Section 11350) of Division 10 of the Health and
Safety Code is alleged, the judge shall assign an additional amount
of required bail for offenses involving large quantities of
controlled substances.
(d) The municipal court judges in each county, at a meeting called
by the presiding judge of the municipal court at each county seat,
or the superior court judges in each county in which there is no
municipal court, at a meeting called by the presiding judge of the
superior court, shall prepare, adopt, and annually revise, by a
majority vote, a uniform, countywide schedule of bail for all
misdemeanor and infraction offenses except Vehicle Code infractions.
The penalty schedule for infraction violations of the Vehicle Code
shall be established by the Judicial Council in accordance with
Section 40310 of the Vehicle Code.
(e) Each countywide bail schedule shall contain a list of the
offenses and the amounts of bail applicable thereto as the judges
determine to be appropriate. If the schedules do not list all
offenses specifically, they shall contain a general clause for
designated amounts of bail as the judges of the county determine to
be appropriate for all the offenses not specifically listed in the
schedules. A copy of the countywide bail schedule shall be sent to
the officer in charge of the county jail, to the officer in charge of
each city jail within the county, to each superior and municipal
court judge and commissioner in the county, and to the Judicial
Council.
(f) Upon posting bail the defendant or arrested person shall be
discharged from custody as to the offense on which the bail is
posted.
All money and surety bonds so deposited with an officer authorized
to receive bail shall be transmitted immediately to the judge or
clerk of the court by which the order was made or warrant issued or
bail schedule fixed. If, in the case of felonies, an indictment is
filed, the judge or clerk of the court shall transmit all of the
money and surety bonds to the county clerk.
(g) If a defendant or arrested person so released fails to appear
at the time and in the court so ordered upon his or her release from
custody, Sections 1305 and 1306 apply.
SEC. 400. Section 1278 of the Penal Code is amended to read:
1278. Bail is put in by a written undertaking, executed by two
sufficient sureties (with or without the defendant, in the discretion
of the magistrate), and acknowledged before the court or magistrate,
in substantially the following form:
An order having been made on the ____ day of ____, 19__, by ____,
a judge of the ____ Court of ____ County, that ____ be held to answer
upon a charge of (stating briefly the nature of the offense), upon
which he or she has been admitted to bail in the sum of ____ dollars
($____); we, ____ and ____, of ____ (stating their place of residence
and occupation), hereby undertake that the above-named ____ will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the charge above mentioned, in whatever court it
may be prosecuted, and will at all times hold himself or herself
amenable to the orders and process of the court, and if convicted,
will appear for pronouncement of judgment or grant of probation, or
if he or she fails to perform either of these conditions, that we
will pay to the people of the State of California the sum of ____
dollars ($____) (inserting the sum in which the defendant is admitted
to bail). If the forfeiture of this bond be ordered by the court,
judgment may be summarily made and entered forthwith against the said
(naming the sureties), and the defendant if he or she be a party to
the bond, for the amount of their respective undertakings herein, as
provided by Sections 1305 and 1306.
SEC. 401. Section 1281a of the Penal Code is amended to read:
1281a. A judge of any municipal court within the county, wherein
a cause is pending against any person charged with a felony, may
justify and approve bail in the said cause, and may execute an order
for the release of the defendant which shall authorize the discharge
of the defendant by any officer having said defendant in custody.
SEC. 402. Section 1309 of the Penal Code is repealed.
SEC. 403. Section 1327 of the Penal Code is amended to read:
1327. A subpoena authorized by Section 1326 shall be
substantially in the following form:
The people of the State of California to A.B.:
You are commanded to appear before C.D., a judge of the ____
Court of ____ County, at (naming the place), on (stating the day and
hour), as a witness in a criminal action prosecuted by the people of
the State of California against E.F.
Given under my hand this ____ day of ____, A.D. 19____. G.H.,
Judge of the ____ Court (or "J.K., District Attorney," or "J.K.,
District Attorney Investigator," or "D.E., Public Defender," or
"D.E., Public Defender Investigator," or "F.G., Defense Counsel," or
"By order of the court, L.M., Clerk," or as the case may be).
If books, papers, or documents are required, a direction to the
following effect must be contained in the subpoena: "And you are
required, also, to bring with you the following" (describing
intelligibly the books, papers, or documents required).
SEC. 404. Section 1368.1 of the Penal Code is amended to read:
1368.1. (a) If the action is on a complaint charging a felony,
proceedings to determine mental competence shall be held prior to
the filing of an information unless the counsel for the defendant
requests a preliminary examination under the provisions of Section
859b. At such preliminary examination, counsel for the defendant may
(1) demur, (2) move to dismiss the complaint on the ground that
there is not reasonable cause to believe that a felony has been
committed and that the defendant is guilty thereof, or (3) make a
motion under Section 1538.5.
(b) If the action is on a complaint charging a misdemeanor,
counsel for the defendant may (1) demur, (2) move to dismiss the
complaint on the ground that there is not reasonable cause to believe
that a public offense has been committed and that the defendant is
guilty thereof, or (3) make a motion under Section 1538.5.
(c) In ruling upon any demurrer or motion described in subdivision
(a) or (b), the court may hear any matter which is capable of fair
determination without the personal participation of the defendant.
(d) A demurrer or motion described in subdivision (a) or (b) shall
be made in the court having jurisdiction over the complaint. The
defendant shall not be certified until the demurrer or motion has
been decided.
SEC. 405. Section 1382 of the Penal Code is amended to read:
1382. (a) The court, unless good cause to the contrary is shown,
shall order the action to be dismissed in the following cases:
(1) When a person has been held to answer for a public offense and
an information is not filed against that person within 15 days.
(2) In a felony case, when a defendant is not brought to trial
within 60 days after the finding of the indictment, filing of the
information, or reinstatement of criminal proceedings pursuant to
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or,
in case the cause is to be tried again following a mistrial, an order
granting a new trial from which an appeal
is not taken, or an appeal from the superior
court, within 60 days after the mistrial has been declared, after
entry of the order granting the new trial, or after the filing of the
remittitur in the trial court, or after the issuance of a writ or
order which, in effect, grants a new trial, within 60 days after
notice of the writ or order is filed in the trial court and served
upon the prosecuting attorney, or within 90 days after notice of the
writ or order is filed in the trial court and served upon the
prosecuting attorney in any case where the district attorney chooses
to resubmit the case for a preliminary examination after an appeal or
the issuance of a writ reversing a judgment of conviction upon a
plea of guilty prior to a preliminary hearing. However, an action
shall not be dismissed under this paragraph if either of the
following circumstances exist:
(A) The defendant enters a general waiver of the 60-day trial
requirement. A general waiver of the 60-day trial requirement
entitles the superior court to set or continue a trial date without
the sanction of dismissal should the case fail to proceed on the date
set for trial. If the defendant, after proper notice to all
parties, later withdraws his or her waiver in the superior court, the
defendant shall be brought to trial within 60 days of the date of
that withdrawal. If a general time waiver is not expressly entered,
subparagraph (B) shall apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 60-day period. Whenever a case is set for trial
beyond the 60-day period by request or consent, expressed or implied,
of the defendant without a general waiver, the defendant shall be
brought to trial on the date set for trial or within 10 days
thereafter.
Whenever a case is set for trial after a defendant enters either a
general waiver as to the 60-day trial requirement or requests or
consents, expressed or implied, to the setting of a trial date beyond
the 60-day period pursuant to this paragraph, the court may not
grant a motion of the defendant to vacate the date set for trial and
to set an earlier trial date unless all parties are properly noticed
and the court finds good cause for granting that motion.
(3) Regardless of when the complaint is filed, when a defendant in
a misdemeanor or infraction case is not brought to trial within 30
days after he or she is arraigned or enters his or her plea,
whichever occurs later, if the defendant is in custody at the time of
arraignment or plea, whichever occurs later, or in all other cases,
within 45 days after the defendant's arraignment or entry of the
plea, whichever occurs later, or in case the cause is to be tried
again following a mistrial, an order granting a new trial from which
no appeal is taken, or an appeal from a judgment in a misdemeanor or
infraction case, within 30 days after the mistrial has been declared,
after entry of the order granting the new trial, or after the
remittitur is filed in the trial court. However, an action shall not
be dismissed under this subdivision if any of the following
circumstances exist:
(A) The defendant enters a general waiver of the 30-day or 45-day
trial requirement. A general waiver of the 30-day or 45-day trial
requirement entitles the court to set or continue a trial date
without the sanction of dismissal should the case fail to proceed on
the date set for trial. If the defendant, after proper notice to all
parties, later withdraws his or her waiver, the defendant shall be
brought to trial within 30 days of the date of that withdrawal. If a
general time waiver is not expressly entered, subparagraph (B) shall
apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 30-day or 45-day period. In the absence of an
express general time waiver from the defendant, the court shall set a
trial date. Whenever a case is set for trial beyond the 30-day or
45-day period by request or consent, expressed or implied, of the
defendant without a general waiver, the defendant shall be brought to
trial on the date set for trial or within 10 days thereafter.
(C) The defendant in a misdemeanor case has been ordered to appear
on a case set for hearing prior to trial, but the defendant fails to
appear on that date and a bench warrant is issued, or the case is
not tried on the date set for trial because of the defendant's
neglect or failure to appear, in which case the defendant shall be
deemed to have been arraigned within the meaning of this subdivision
on the date of his or her subsequent arraignment on a bench warrant
or his or her submission to the court.
(b) Whenever a defendant has been ordered to appear in superior
court on a felony case set for trial or set for a hearing prior to
trial after being held to answer, if the defendant fails to appear on
that date and a bench warrant is issued, the defendant shall be
brought to trial within 60 days after the defendant next appears in
the superior court unless a trial date previously had been set which
is beyond that 60-day period.
(c) If the defendant is not represented by counsel, the defendant
shall not be deemed under this section to have consented to the date
for the defendant's trial unless the court has explained to the
defendant his or her rights under this section and the effect of his
or her consent.
SEC. 405.5. Section 1382 of the Penal Code is amended to read:
1382. (a) The court, unless good cause to the contrary is shown,
shall order the action to be dismissed in the following cases:
(1) When a person has been held to answer for a public offense and
an information is not filed against that person within 15 days.
(2) In a felony case, when a defendant is not brought to trial
within 60 days of the defendant's arraignment in the superior court,
or reinstatement of criminal proceedings pursuant to Chapter 6
(commencing with Section 1367) of Title 10 of Part 2, or, in case the
cause is to be tried again following a mistrial, an order granting a
new trial from which an appeal is not taken, or an appeal from the
superior court, within 60 days after the mistrial has been declared,
after entry of the order granting the new trial, or after the filing
of the remittitur in the trial court, or after the issuance of a writ
or order which, in effect, grants a new trial, within 60 days after
notice of the writ or order is filed in the trial court and served
upon the prosecuting attorney, or within 90 days after notice of the
writ or order is filed in the trial court and served upon the
prosecuting attorney in any case where the district attorney chooses
to resubmit the case for a preliminary examination after an appeal or
the issuance of a writ reversing a judgment of conviction upon a
plea of guilty prior to a preliminary hearing. However, an action
shall not be dismissed under this paragraph if either of the
following circumstances exist:
(A) The defendant enters a general waiver of the 60-day trial
requirement. A general waiver of the 60-day trial requirement
entitles the superior court to set or continue a trial date without
the sanction of dismissal should the case fail to proceed on the date
set for trial. If the defendant, after proper notice to all
parties, later withdraws his or her waiver in the superior court, the
defendant shall be brought to trial within 60 days of the date of
that withdrawal. If a general time waiver is not expressly entered,
subparagraph (B) shall apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 60-day period. Whenever a case is set for trial
beyond the 60-day period by request or consent, expressed or implied,
of the defendant without a general waiver, the defendant shall be
brought to trial on the date set for trial or within 10 days
thereafter.
Whenever a case is set for trial after a defendant enters either a
general waiver as to the 60-day trial requirement or requests or
consents, expressed or implied, to the setting of a trial date beyond
the 60-day period pursuant to this paragraph, the court may not
grant a motion of the defendant to vacate the date set for trial and
to set an earlier trial date unless all parties are properly noticed
and the court finds good cause for granting that motion.
(3) Regardless of when the complaint is filed, when a defendant in
a misdemeanor or infraction case is not brought to trial within 30
days after he or she is arraigned or enters his or her plea,
whichever occurs later, if the defendant is in custody at the time of
arraignment or plea, whichever occurs later, or in all other cases,
within 45 days after the defendant's arraignment or entry of the
plea, whichever occurs later, or in case the cause is to be tried
again following a mistrial, an order granting a new trial from which
no appeal is taken, or an appeal from a judgment in a misdemeanor or
infraction case, within 30 days after the mistrial has been declared,
after entry of the order granting the new trial, or after the
remittitur is filed in the trial court. However, an action shall not
be dismissed under this subdivision if any of the following
circumstances exist:
(A) The defendant enters a general waiver of the 30-day or 45-day
trial requirement. A general waiver of the 30-day or 45-day trial
requirement entitles the inferior court to set or continue a trial
date without the sanction of dismissal should the case fail to
proceed on the date set for trial. If the defendant, after proper
notice to all parties, later withdraws his or her waiver, the
defendant shall be brought to trial within 30 days of the date of
that withdrawal. If a general time waiver is not expressly entered,
subparagraph (B) shall apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 30-day or 45-day period. In the absence of an
express general time waiver from the defendant, the court shall set a
trial date. Whenever a case is set for trial beyond the 30-day or
45-day period by request or consent, expressed or implied, of the
defendant without a general waiver, the defendant shall be brought to
trial on the date set for trial or within 10 days thereafter.
(C) The defendant in a misdemeanor case has been ordered to appear
on a case set for hearing prior to trial, but the defendant fails to
appear on that date and a bench warrant is issued, or the case is
not tried on the date set for trial because of the defendant's
neglect or failure to appear, in which case the defendant shall be
deemed to have been arraigned within the meaning of this subdivision
on the date of his or her subsequent arraignment on a bench warrant
or his or her submission to the court.
(b) Whenever a defendant has been ordered to appear in superior
court on a felony case set for trial or set for a hearing prior to
trial after being held to answer, if the defendant fails to appear on
that date and a bench warrant is issued, the defendant shall be
brought to trial within 60 days after the defendant next appears in
the superior court unless a trial date previously had been set which
is beyond that 60-day period.
(c) If the defendant is not represented by counsel, the defendant
shall not be deemed under this section to have consented to the date
for the defendant's trial unless the court has explained to the
defendant his or her rights under this section and the effect of his
or her consent.
SEC. 406. Section 1424 of the Penal Code is amended to read:
1424. (a) (1) Notice of a motion to disqualify a district
attorney from performing an authorized duty shall be served on the
district attorney and the Attorney General at least 10 days before
the motion is heard. The notice of motion shall set forth a
statement of the facts relevant to the claimed disqualification and
the legal authorities relied upon by the moving party. The Attorney
General may appear at the hearing on the motion and may file with the
court hearing the motion a written opinion on the disqualification
issue. The motion may not be granted unless the evidence shows that
a conflict of interest exists that would render it unlikely that the
defendant would receive a fair trial. An order recusing the district
attorney from any proceeding may be appealed by the district
attorney or the Attorney General. The order recusing the district
attorney shall be stayed pending any appeal authorized by this
section.
(2) An appeal from an order of recusal from a case involving a
charge punishable as a felony shall be made pursuant to Chapter 1
(commencing with Section 1235) of Title 9, regardless of the court in
which the order is made. An appeal from an order of recusal in a
misdemeanor case shall be made pursuant to Chapter 2 (commencing with
Section 1466) of Title 11, regardless of the court in which the
order is made.
(b) (1) Notice of a motion to disqualify a city attorney from
performing an authorized duty involving a criminal matter shall be
served on the city attorney and the district attorney at least 10
days before the motion is heard. The notice of motion shall set
forth a statement of the facts relevant to the claimed
disqualification and the legal authorities relied on by the moving
party. The district attorney may appear at the hearing on the motion
and may file with the court hearing the motion a written opinion on
the disqualification issue. The motion may not be granted unless the
evidence shows that a conflict of interest exists that would render
it unlikely that the defendant would receive a fair trial.
(2) An order recusing the city attorney from a proceeding may be
appealed by the city attorney or the district attorney. The order
recusing the city attorney shall be stayed pending an appeal
authorized by this section. An appeal from an order of
disqualification in a misdemeanor case shall be made pursuant to
Chapter 2 (commencing with Section 1466) of Title 11.
(c) Motions to disqualify the city attorney and the district
attorney shall be separately made.
SEC. 406.5. Section 1424 of the Penal Code is amended to read:
1424. (a) (1) Notice of a motion to disqualify a district
attorney from performing an authorized duty shall be served on the
district attorney and the Attorney General at least 10 days before
the motion is heard. The notice of motion shall set forth a
statement of the facts relevant to the claimed disqualification and
the legal authorities relied upon by the moving party. The Attorney
General may appear at the hearing on the motion and may file with the
court hearing the motion a written opinion on the disqualification
issue. The motion may not be granted unless the evidence shows that
a conflict of interest exists that would render it unlikely that the
defendant would receive a fair trial. An order recusing the district
attorney from any proceeding may be reviewed by extraordinary writ
or may be appealed by the district attorney or the Attorney General.
The order recusing the district attorney shall be stayed pending any
review authorized by this section.
(2) An appeal from an order of recusal or from a case involving a
charge punishable as a felony shall be made pursuant to Chapter 1
(commencing with Section 1235) of Title 9, regardless of the court in
which the order is made. An appeal from an order of recusal in a
misdemeanor case shall be made pursuant to Chapter 2 (commencing with
Section 1466) of Title 11, regardless of the court in which the
order is made.
(b) (1) Notice of a motion to disqualify a city attorney from
performing an authorized duty involving a criminal matter shall be
served on the city attorney and the district attorney at least 10
days before the motion is heard. The notice of motion shall set
forth a statement of the facts relevant to the claimed
disqualification and the legal authorities relied on by the moving
party. The district attorney may appear at the hearing on the motion
and may file with the court hearing the motion a written opinion on
the disqualification issue. The motion may not be granted unless the
evidence shows that a conflict of interest exists that would render
it unlikely that the defendant would receive a fair trial.
(2) An order recusing the city attorney from a proceeding may be
appealed by the city attorney or the district attorney. The order
recusing the city attorney shall be stayed pending an appeal
authorized by this section. An appeal from an order of
disqualification in a misdemeanor case shall be made pursuant to
Chapter 2 (commencing with Section 1466) of Title 11.
(c) Motions to disqualify the city attorney and the district
attorney shall be separately made.
SEC. 407. The heading of Title 11 (commencing with Section 1427)
of Part 2 of the Penal Code is amended to read:
TITLE 11. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES AND
APPEALS FROM SUCH CASES
SEC. 408. The heading of Chapter 1 (commencing with Section 1427)
of Title 11 of Part 2 of the Penal Code is amended to read:
CHAPTER 1. PROCEEDINGS IN MISDEMEANOR AND INFRACTION CASES
SEC. 409. Section 1427 of the Penal Code is amended to read:
1427. (a) When a complaint is presented to a judge in a
misdemeanor or infraction case appearing to be triable in the judge's
court, the judge must, if satisfied therefrom that the offense
complained of has been committed and that there is reasonable ground
to believe that the defendant has committed it, issue a warrant, for
the arrest of the defendant.
(b) Such warrant of arrest and proceedings upon it shall be in
conformity to the provisions of this code regarding warrants of
arrest, and it may be in the following form:
County of ____
The people of the State of California, to any peace officer in
this state:
Complaint upon oath having been this day made before me that the
offense of ____ (designating it generally) has been committed and
accusing ____ (name of defendant) thereof you are therefore commanded
forthwith to arrest the above-named defendant and bring the
defendant forthwith before the ____ Court of ____ (stating full title
of court) at ____ (naming place).
Witness my hand and the seal of said court this ____ day of ____,
19__.
(Signed). ___________________________________
Judge of said court
If it appears that the offense complained of has been committed by
a corporation, no warrant of arrest shall issue, but the judge must
issue a summons substantially in the form prescribed in Section 1391.
Such summons must be served at the time and in the manner
designated in Section 1392 except that if the offense complained of
is a violation of the Vehicle Code or a local ordinance adopted
pursuant to the Vehicle Code, such summons may be served by deposit
by the clerk of the court in the United States mail of an envelope
enclosing the summons, which envelope shall be addressed to a person
authorized to accept service of legal process on behalf of the
defendant, and which envelope shall be mailed by registered mail or
certified mail with a return receipt requested. Promptly upon such
mailing, the clerk of the court shall execute a certificate of such
mailing and place it in the file of the court for that case. At the
time stated in the summons the corporation may appear by counsel and
answer the complaint, except that in the case of misdemeanors arising
from operation of motor vehicles, or of infractions arising from
operation of motor vehicles, a corporation may appear by its
president, vice president, secretary or managing agent for the
purpose of entering a plea of guilty. If it does not appear, a plea
of not guilty shall be entered, and the same proceedings had therein
as in other cases.
SEC. 410. Section 1428 of the Penal Code is amended to read:
1428. A docket must be kept by the clerk of each municipal court
having jurisdiction of criminal actions or proceedings, in which must
be entered the title of each criminal action or proceeding and under
each title all the orders and proceedings in such action or
proceeding. Wherever by any other section of this code made
applicable to such courts an entry of any judgment, order or other
proceeding in the minutes is required, an entry thereof in the docket
shall be made and shall be deemed a sufficient entry in the minutes
for all purposes.
SEC. 411. Section 1429 of the Penal Code is amended to read:
1429. In a misdemeanor case the plea of the defendant may be made
by the defendant or by the defendant's counsel. If such defendant
pleads guilty, the court may, before entering such plea or
pronouncing judgment, examine witnesses to ascertain the gravity of
the offense committed; and if it appears to the court that a higher
offense has been committed than the offense charged in the complaint,
the court may order the defendant to be committed or admitted to
bail, to answer any indictment which may be found against the
defendant by the grand jury, or any complaint which may be filed
charging the defendant with such higher offense.
SEC. 412. Section 1429.5 of the Penal Code is amended to read:
1429.5. When a defendant pleads not guilty by reason of insanity
to a misdemeanor charge in a municipal court, and also joins with it
another plea or pleas, the defendant shall first be tried as if the
defendant had entered such other plea or pleas only, and in such
trial the defendant shall be conclusively presumed to have been sane
at the time the offense is alleged to have been committed. If the
defendant shall be found guilty, or if the defendant pleads only not
guilty by reason of insanity, then the defendant shall be certified
to the superior court of the county for prompt trial to determine the
question whether the defendant was sane or insane at the time the
offense was committed. The superior court shall proceed as provided
in Sections 1026 and 1027. If the verdict or finding be that the
defendant was sane at the time the offense was committed the superior
court shall remand the defendant to the court from which the
defendant was certified which court shall sentence the defendant as
provided by law. If the verdict or finding be that the defendant was
insane at the time the offense was committed the superior court
shall proceed as provided in Section 1026.
SEC. 413. Section 1447 of the Penal Code is amended to read:
1447. When the defendant is acquitted in a misdemeanor or
infraction case, if the court certifies in the minutes that the
prosecution was malicious and without probable cause, the court may
order the complainant to pay the costs of the action, or to give an
undertaking to pay the costs within 30 days after the trial.
SEC. 414. Section 1449 of the Penal Code is amended to read:
1449. In a misdemeanor or infraction case, after a plea, finding,
or verdict of guilty, or after a finding or verdict against the
defendant on a plea of former conviction or acquittal, or once in
jeopardy, the court shall appoint a time for pronouncing judgment
which shall be not less than six hours, nor more than five days,
after the verdict or plea of guilty, unless the defendant waives the
postponement. The court may extend the time for not more than 10
days for the purpose of hearing or determining any motion for a new
trial, or in arrest of judgment. The court also may extend the time
for not more than 20 judicial days if probation is considered. Upon
request of the defendant or the probation officer, that time may be
further extended for not more than 90 additional days. In case of
postponement, the court may hold the defendant to bail to appear for
judgment. If, in the opinion of the court there is a reasonable
ground for believing a defendant insane, the court may extend the
time of pronouncing judgment and may commit the defendant to custody
until the question of insanity has been heard and determined.
If the defendant is a veteran who was discharged from service for
mental disability, upon his or her request, his or her case shall be
referred to the probation officer, who shall secure a military
medical history of the defendant and present it to the court together
with a recommendation for or against probation.
SEC. 415. Section 1458 of the Penal Code is amended to read:
1458. The provisions of this code relative to bail are applicable
to bail in misdemeanor or infraction cases. The defendant, at any
time after arrest and before conviction, may be admitted to bail.
The undertaking of bail in such a case shall be in substantially the
following form:
A complaint having been filed on the ____ day of ____, 19__, in
the ____ Court of ____ County of ____ (stating title and location of
court) charging ____ (naming defendant) as defendant with the crime
of ____ (designating it generally) and the defendant having been
admitted to bail in the sum of ____ dollars ($____) (stating amount);
We, ____ and ____, of ____ (stating their places of residence and
occupation), hereby undertake that the above-named defendant will
appear and answer any charge in any accusatory pleading based upon
the acts supporting the complaint above mentioned and all duly
authorized amendments thereof, in whatever court it may be
prosecuted, and will at all times hold himself or herself amenable to
the orders and process of the court, and, if convicted, will appear
for pronouncement of judgment or grant of probation or if the
defendant fails to perform either of these conditions, that we will
pay to the people of the State of California the sum of ____ dollars
($____) (inserting the sum in which the defendant is admitted to
bail). If the forfeiture of this bond is ordered by the court,
judgment may be summarily made and entered forthwith against the said
____ (naming the sureties and the defendant if the defendant is a
party to the bond) for the amount of their respective undertakings
herein, as provided by Sections 1305 and 1306 of the California Penal
Code.
SEC. 416. Section 1459 of the Penal Code is amended to read:
1459. Undertakings of bail filed by admitted surety insurers
shall meet all other requirements of law and the obligation of the
insurer shall be in the following form except to the extent a
different form is otherwise provided by statute:
____ (stating the title and the location of the court).
Defendant ____ (stating the name of the defendant) having been
admitted to bail in the sum of ____ dollars ($____) (stating the
amount of bail fixed) and ordered to appear in the above-entitled
court on ____, 19__ (stating the date for appearance in court), on
____ (stating only the word "misdemeanor" or the word "felony")
charge/s;
Now, the ____ (stating the name of admitted
surety insurer and state of incorporation) hereby undertakes that the
above-named defendant will appear in the above-named court on the
date above set forth to answer any charge in any accusatory pleading
based upon the acts supporting the complaint filed against him/her
and all duly authorized amendments thereof, in whatever court it may
be prosecuted, and will at all times hold him/herself amenable to the
orders and process of the court and, if convicted, will appear for
pronouncement of judgment or grant of probation or if he/she fails to
perform either of these conditions, that the ____ (stating the name
of admitted surety insurer and state of incorporation) will pay to
the people of the State of California the sum of ____ dollars ($____)
(stating the amount of the undertaking of the admitted surety
insurer).
If the forfeiture of this bond be ordered by the court, judgment
may be summarily made and entered forthwith against the said ____
(stating the name of admitted surety insurer and state of
incorporation) for the amount of its undertaking herein, as provided
by Sections 1305 and 1306 of the California Penal Code.
____________________________________________________
(Stating the name of admitted surety insurer and
state of incorporation),
(Signature)
By _________________________________________________
Attorney-in-fact
(Corporate seal)
(Jurat of notary public or
other officer authorized
to administer oaths.)
SEC. 417. Section 1462 of the Penal Code is amended to read:
1462. (a) Each municipal court shall have jurisdiction in all
criminal cases amounting to misdemeanor, where the offense charged
was committed within the county in which the municipal court is
established. Each municipal court shall have exclusive jurisdiction
in all cases involving the violation of ordinances of cities or towns
situated within the district in which the court is established.
(b) Each municipal court shall have jurisdiction in all noncapital
criminal cases to receive a plea of guilty or nolo contendere,
appoint a time for pronouncing judgment under Section 859a, pronounce
judgment, and refer the case to the probation officer if eligible
for probation.
(c) The superior courts shall have jurisdiction in all misdemeanor
criminal cases to receive a plea of guilty or nolo contendere,
appoint a time for pronouncing judgment, and pronounce judgment.
(d) The superior court in a county in which there is no municipal
court has the jurisdiction provided in subdivisions (a) and (b).
SEC. 418. Section 1462.1 of the Penal Code is repealed.
SEC. 419. Section 1462.2 of the Penal Code is amended to read:
1462.2. Except as otherwise provided in the Vehicle Code, the
proper court for the trial of criminal cases amounting to misdemeanor
shall be determined as follows: Any municipal court, having
jurisdiction of the subject matter of the case, established in the
county within which the offense charged was committed, or the
superior court in a county in which there is no municipal court, is
the proper court for the trial of the case.
If an action or proceeding is commenced in a court having
jurisdiction of the subject matter thereof other than the court
herein designated as the proper court for the trial, the action may,
notwithstanding, be tried in the court where commenced, unless the
defendant, at the time of pleading, requests an order transferring
the action or proceeding to the proper court. If after such request
it appears that the action or proceeding was not commenced in the
proper court, the court shall order the action or proceeding
transferred to the proper court. The judge must, at the time of
arraignment, inform the defendant of the right to be tried in the
county wherein the offense was committed.
SEC. 420. Section 1463 of the Penal Code is amended to read:
1463. All fines and forfeitures imposed and collected for crimes
shall be distributed in accordance with Section 1463.001.
The following definitions shall apply to terms used in this
chapter:
(a) "Arrest" means any law enforcement action, including issuance
of a notice to appear or notice of violation, which results in a
criminal charge.
(b) "City" includes any city, city and county, district, including
any enterprise special district, community service district, or
community service area engaged in police protection activities as
reported to the Controller for inclusion in the 1989-90 edition of
the Financial Transactions Report Concerning Special Districts under
the heading of Police Protection and Public Safety, authority, or
other local agency (other than a county) which employs persons
authorized to make arrests or to issue notices to appear or notices
of violation which may be filed in court.
(c) "City arrest" means an arrest by an employee of a city, or by
a California Highway Patrol officer within the limits of a city.
(d) "County" means the county in which the arrest took place.
(e) "County arrest" means an arrest by a California Highway Patrol
officer outside the limits of a city, or any arrest by a county
officer or by any other state officer.
(f) "Court" means the superior or municipal court or a juvenile
forum established under Section 257 of the Welfare and Institutions
Code, in which the case arising from the arrest is filed.
(g) "Division of moneys" means an allocation of base fine proceeds
between agencies as required by statute including, but not limited
to, Sections 1463.003, 1463.9, 1463.23, 1463.26, and Sections 13001,
13002, and 13003 of the Fish and Game Code, and Section 11502 of the
Health and Safety Code.
(h) "Offense" means any infraction, misdemeanor, or felony, and
any act by a juvenile leading to an order to pay a financial sanction
by reason of the act being defined as an infraction, misdemeanor, or
felony, whether defined in this or any other code, except any
parking offense as defined in subdivision (i).
(i) "Parking offense" means any offense charged pursuant to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17
of the Vehicle Code, including registration and equipment offenses
included on a notice of parking violation.
(j) "Penalty allocation" means the deposit of a specified part of
moneys to offset designated processing costs, as provided by Section
1463.16 and by Section 68090.8 of the Government Code.
(k) "Total parking penalty" means the total sum to be collected
for a parking offense, whether as fine, forfeiture of bail, or
payment of penalty to the Department of Motor Vehicles. It may
include the following components:
(1) The base parking penalty as established pursuant to Section
40203.5 of the Vehicle Code.
(2) The Department of Motor Vehicles (DMV) fees added upon the
placement of a hold pursuant to Section 40220 of the Vehicle Code.
(3) The surcharges required by Section 76000 of the Government
Code.
(4) The notice penalty added to the base parking penalty when a
notice of delinquent parking violations is given.
(l) "Total fine or forfeiture" means the total sum to be collected
upon a conviction, or the total amount of bail forfeited or
deposited as cash bail subject to forfeiture. It may include, but is
not limited to, the following components as specified for the
particular offense:
(1) The "base fine" upon which the state penalty and additional
county penalty is calculated.
(2) The "county penalty" required by Section 76000 of the
Government Code.
(3) The "service charge" permitted by Section 853.7 of the Penal
Code and Sections 40508.5 and 41103.5 of the Vehicle Code.
(4) The "special penalty" dedicated for blood alcohol analysis,
alcohol program services, traumatic brain injury research, and
similar purposes.
(5) The "state penalty" required by Section 1464.
SEC. 421. Section 1463.1 of the Penal Code is amended to read:
1463.1. Notwithstanding the provisions of Section 1463, any
municipal court may elect, with prior approval of the county auditor,
to deposit in a bank account pursuant to Section 53679 of the
Government Code, all moneys deposited as bail with such court, or
with the clerk thereof.
All moneys received and disbursed through such bank account shall
be properly and uniformly accounted for under such procedures as the
State Controller may deem necessary.
SEC. 422. Section 1463.22 of the Penal Code is amended to read:
1463.22. (a) Notwithstanding Section 1463, of the moneys
deposited with the county treasurer pursuant to Section 1463,
seventeen dollars and fifty cents ($17.50) for each conviction of a
violation of Section 16028 of the Vehicle Code shall be deposited by
the county treasurer in a special account and allocated to defray
costs of municipal and superior courts incurred in administering
Sections 16028, 16030, and 16031 of the Vehicle Code. Any moneys in
the special account in excess of the amount required to defray those
costs shall be redeposited and distributed by the county treasurer
pursuant to Section 1463.
(b) Notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, three dollars ($3) for
each conviction for a violation of Section 16028 of the Vehicle Code
shall be initially deposited by the county treasurer in a special
account, and shall be transmitted once per month to the Controller
for deposit in the Motor Vehicle Account in the State Transportation
Fund. These moneys shall be available, when appropriated, to defray
the administrative costs incurred by the Department of Motor Vehicles
pursuant to Sections 16031, 16032, 16034, and 16035 of the Vehicle
Code. It is the intent of this subdivision to provide sufficient
revenues to pay for all of the department's costs in administering
those sections of the Vehicle Code.
(c) Notwithstanding Section 1463, of the moneys deposited with the
county treasurer pursuant to Section 1463, ten dollars ($10) upon
the conviction of, or upon the forfeiture of bail from, any person
arrested or notified for a violation of Section 16028 of the Vehicle
Code shall be deposited by the county treasurer in a special account
and shall be transmitted monthly to the Controller for deposit in the
General Fund.
SEC. 423. The heading of Chapter 2 (commencing with Section 1466)
of Title 11 of Part 2 of the Penal Code is amended to read:
CHAPTER 2. APPEALS IN MISDEMEANOR AND INFRACTION CASES
SEC. 424. Section 1466 of the Penal Code is amended to read:
1466. An appeal may be taken from a judgment or order in an
infraction or misdemeanor case, to the appellate division of the
superior court of the county in which the court from which the appeal
is taken is located, in the following cases:
(1) By the people:
(A) From an order recusing the district attorney or city attorney
pursuant to Section 1424.
(B) From an order or judgment dismissing or otherwise terminating
the action before the defendant has been placed in jeopardy or where
the defendant has waived jeopardy.
(C) From a judgment for the defendant upon the sustaining of a
demurrer.
(D) From an order granting a new trial.
(E) From an order arresting judgment.
(F) From any order made after judgment affecting the substantial
rights of the people.
(G) From the imposition of an unlawful sentence, whether or not
the court suspends the execution of sentence. As used in this
subparagraph, "unlawful sentence" means the imposition of a sentence
not authorized by law or the imposition of a sentence based upon an
unlawful order of the court that strikes or otherwise modifies the
effect of an enhancement or prior conviction. A defendant shall have
the right to counsel in the people's appeal of an unlawful sentence
under the same circumstances that he or she would have a right to
counsel under subdivision (a) of Section 1238.
(H) Nothing in this section shall be construed to authorize an
appeal from an order granting probation. Instead, the people may
seek appellate review of any grant of probation, whether or not the
court imposes sentence, by means of a petition for a writ of mandate
or prohibition that is filed within 60 days after probation is
granted. The review of any grant of probation shall include review
of any order underlying the grant of probation.
(2) By the defendant:
(A) From a final judgment of conviction. A sentence, an order
granting probation, a conviction in a case in which before final
judgment the defendant is committed for insanity or is given an
indeterminate commitment as a mentally disordered sex offender, or
the conviction of a defendant committed for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment or an order
granting probation the court may review any order denying a motion
for a new trial.
(B) From any order made after judgment affecting his or her
substantial rights.
SEC. 424.5. Section 1466 of the Penal Code is amended to read:
1466. An appeal may be taken from a judgment or order, in an
infraction or misdemeanor case, to the appellate division of the
superior court of the county in which the court from which the appeal
is taken is located, in the following cases:
(1) By the people:
(A) From an order recusing the district attorney or city attorney
pursuant to Section 1424.
(B) From an order or judgment dismissing or otherwise terminating
all or any portion of the action, including such an order or
judgment, entered after a verdict or finding of guilty or a verdict
or judgment entered before the defendant has been placed in jeopardy
or where the defendant has waived jeopardy.
(C) From sustaining a demurrer to any portion of the complaint or
pleading.
(D) From an order granting a new trial.
(E) From an order arresting judgment.
(F) From any order made after judgment affecting the substantial
rights of the people.
(G) From the imposition of an unlawful sentence, whether or not
the court suspends the execution of sentence. As used in this
subparagraph, "unlawful sentence" means the imposition of a sentence
not authorized by law or the imposition of a sentence based upon an
unlawful order of the court that strikes or otherwise modifies the
effect of an enhancement or prior conviction. A defendant shall have
the right to counsel in the people's appeal of an unlawful sentence
under the same circumstances that he or she would have a right to
counsel under subdivision (a) of Section 1238.
(H) Nothing in this section shall be construed to authorize an
appeal from an order granting probation. Instead, the people may
seek appellate review of any grant of probation, whether or not the
court imposes sentence, by means of a petition for a writ of mandate
or prohibition that is filed within 60 days after probation is
granted. The review of any grant of probation shall include review
of any order underlying the grant of probation.
(2) By the defendant:
(A) From a final judgment of conviction. A sentence, an order
granting probation, a conviction in a case in which before final
judgment the defendant is committed for insanity or is given an
indeterminate commitment as a mentally disordered sex offender, or
the conviction of a defendant committed for controlled substance
addiction shall be deemed to be a final judgment within the meaning
of this section. Upon appeal from a final judgment or an order
granting probation the court may review any order denying a motion
for a new trial.
(B) From any order made after judgment affecting his or her
substantial rights.
SEC. 425. Section 1468 of the Penal Code is amended to read:
1468. Appeals to the appellate divisions of superior courts shall
be taken, heard and determined, the decisions thereon shall be
remitted to the courts from which the appeals are taken, and the
records on such appeals shall be made up and filed in such time and
manner as shall be prescribed in rules adopted by the Judicial
Council.
SEC. 426. The heading of Chapter 3 (commencing with Section 1471)
of Title 11 of Part 2 of the Penal Code is amended to read:
CHAPTER 3. TRANSFER OF MISDEMEANOR AND INFRACTION APPEALS
SEC. 427. Section 1471 of the Penal Code is amended to read:
1471. A court of appeal may order any case on appeal to a
superior court in its district transferred to it for hearing and
decision as provided by rules of the Judicial Council when the
superior court certifies, or the court of appeal determines, that
such transfer appears necessary to secure uniformity of decision or
to settle important questions of law.
A court to which any such case is transferred shall have similar
power to review any matter and make orders and judgments as the
appellate division of the superior court by statute would have in
such case, except as otherwise expressly provided.
SEC. 428. Section 1538.5 of the Penal Code is amended to read:
1538.5. (a) (1) A defendant may move for the return of property
or to suppress as evidence any tangible or intangible thing obtained
as a result of a search or seizure on either of the following
grounds:
(A) The search or seizure without a warrant was unreasonable.
(B) The search or seizure with a warrant was unreasonable because
any of the following apply:
(i) The warrant is insufficient on its face.
(ii) The property or evidence obtained is not that described in
the warrant.
(iii) There was not probable cause for the issuance of the
warrant.
(iv) The method of execution of the warrant violated federal or
state constitutional standards.
(v) There was any other violation of federal or state
constitutional standards.
(2) A motion pursuant to paragraph (1) shall be made in writing
and accompanied by a memorandum of points and authorities and proof
of service. The memorandum shall list the specific items of property
or evidence sought to be returned or suppressed and shall set forth
the factual basis and the legal authorities that demonstrate why the
motion should be granted.
(b) When consistent with the procedures set forth in this section
and subject to the provisions of Section 170 to 170.6, inclusive, of
the Code of Civil Procedure, the motion should first be heard by the
magistrate who issued the search warrant if there is a warrant.
(c) Whenever a search or seizure motion is made in the municipal
or superior court as provided in this section, the judge or
magistrate shall receive evidence on any issue of fact necessary to
determine the motion.
(d) If a search or seizure motion is granted pursuant to the
proceedings authorized by this section, the property or evidence
shall not be admissible against the movant at any trial or other
hearing unless further proceedings authorized by this section,
Section 871.5, 1238, or 1466 are utilized by the people.
(e) If a search or seizure motion is granted at a trial, the
property shall be returned upon order of the court unless it is
otherwise subject to lawful detention. If the motion is granted at a
special hearing, the property shall be returned upon order of the
court only if, after the conclusion of any further proceedings
authorized by this section, Section 1238 or 1466, the property is not
subject to lawful detention or if the time for initiating the
proceedings has expired, whichever occurs last. If the motion is
granted at a preliminary hearing, the property shall be returned upon
order of court after 10 days unless the property is otherwise
subject to lawful detention or unless, within that time, further
proceedings authorized by this section, Section 871.5 or 1238 are
utilized; if they are utilized, the property shall be returned only
if, after the conclusion of the proceedings, the property is no
longer subject to lawful detention.
(f) (1) If the property or evidence relates to a felony offense
initiated by a complaint, the motion shall be made in the superior
court only upon filing of an information, except that the defendant
may make the motion at the preliminary hearing in the municipal court
or in the superior court in a county in which there is no municipal
court, but the motion shall be restricted to evidence sought to be
introduced by the people at the preliminary hearing.
(2) The motion may be made at the preliminary examination only if
at least five court days before the date set for the preliminary
examination the defendant has filed and personally served on the
people a written motion accompanied by a memorandum of points and
authorities as required by paragraph (2) of subdivision (a). At the
preliminary examination, the magistrate may grant the defendant a
continuance for the purpose of filing the motion and serving the
motion upon the people, at least five court days before resumption of
the examination, upon a showing that the defendant or his or her
attorney of record was not aware of the evidence or was not aware of
the grounds for suppression before the preliminary examination.
(3) Any written response by the people to the motion described in
paragraph (2) shall be filed with the court and personally served on
the defendant or his or her attorney of record at least two court
days prior to the hearing at which the motion is to be made.
(g) If the property or evidence relates to a misdemeanor
complaint, the motion shall be made in the municipal court or in the
superior court in a county in which there is no municipal court
before trial and heard prior to trial at a special hearing relating
to the validity of the search or seizure. If the property or
evidence relates to a misdemeanor filed together with a felony, the
procedure provided for a felony in this section and Sections 1238 and
1539 shall be applicable.
(h) If, prior to the trial of a felony or misdemeanor, opportunity
for this motion did not exist or the defendant was not aware of the
grounds for the motion, the defendant shall have the right to make
this motion during the course of trial in the municipal or superior
court.
(i) If the property or evidence obtained relates to a felony
offense initiated by complaint and the defendant was held to answer
at the preliminary hearing, or if the property or evidence relates to
a felony offense initiated by indictment, the defendant shall have
the right to renew or make the motion in the superior court at a
special hearing relating to the validity of the search or seizure
which shall be heard prior to trial and at least 10 court days after
notice to the people, unless the people are willing to waive a
portion of this time. Any written response by the people to the
motion shall be filed with the court and personally served on the
defendant or his or her attorney of record at least two court days
prior to the hearing, unless the defendant is willing to waive a
portion of this time. If the offense was initiated by indictment or
if the offense was initiated by complaint and no motion was made at
the preliminary hearing, the defendant shall have the right to fully
litigate the validity of a search or seizure on the basis of the
evidence presented at a special hearing. If the motion was made at
the preliminary hearing, unless otherwise agreed to by all parties,
evidence presented at the special hearing shall be limited to the
transcript of the preliminary hearing and to evidence that could not
reasonably have been presented at the preliminary hearing, except
that the people may recall witnesses who testified at the preliminary
hearing. If the people object to the presentation of evidence at
the special hearing on the grounds that the evidence could reasonably
have been presented at the preliminary hearing, the defendant shall
be entitled to an in camera hearing to determine that issue. The
superior court shall base its ruling on all evidence presented at the
special hearing and on the transcript of the preliminary hearing,
and the findings of the magistrate shall be binding on the superior
court as to evidence or property not affected by evidence presented
at the special hearing. After the special hearing is held in the
superior court, any review thereafter desired by the defendant prior
to trial shall be by means of an extraordinary writ of mandate or
prohibition filed within 30 days after the denial of his or her
motion at the special hearing.
(j) If the property or evidence relates to a felony offense
initiated by complaint and the defendant's motion for the return of
the property or suppression of the evidence at the preliminary
hearing is granted, and if the defendant is not held to answer at the
preliminary hearing, the people may file a new complaint or seek an
indictment after the preliminary hearing, and the ruling at the prior
hearing shall not be binding in any subsequent proceeding, except as
limited by subdivision (p). In the alternative, the people may move
to reinstate the complaint, or those parts of the complaint for
which the defendant was not held to answer, pursuant to Section
871.5. If the property or evidence relates to a felony offense
initiated by complaint and the defendant's motion for the return or
suppression of the property or evidence at the preliminary hearing is
granted, and if the defendant is held to answer at the preliminary
hearing, the ruling at the preliminary hearing shall be binding upon
the people unless, upon notice to the defendant and the court in
which the preliminary hearing was held and upon the filing of an
information, the people, within 15 days after the preliminary
hearing, request in the superior court a special hearing, in which
case the validity of the search or seizure shall be relitigated de
novo on the basis of the evidence presented at the special hearing,
and the defendant shall be entitled, as a matter of right, to a
continuance of the special hearing for a period of time up to 30
days. The people may not request relitigation of the motion at a
special hearing if the defendant's motion has been granted twice. If
the defendant's motion is granted at a special hearing in the
superior court, the people, if they have additional evidence relating
to the motion and not presented at the special hearing, shall have
the right to show good cause at the trial why the evidence was not
presented at the special hearing and why the prior ruling at the
special hearing should not be binding, or the people may seek
appellate review as provided in subdivision (o), unless the
court, prior to the time the
review is sought, has dismissed the case pursuant to Section 1385.
If the case has been dismissed pursuant to Section 1385, or if the
people dismiss the case on their own motion after the special
hearing, the people may file a new complaint or seek an indictment
after the special hearing, and the ruling at the special hearing
shall not be binding in any subsequent proceeding, except as limited
by subdivision (p). If the property or evidence seized relates
solely to a misdemeanor complaint, and the defendant made a motion
for the return of property or the suppression of evidence in the
municipal court or superior court in a county in which there is no
municipal court prior to trial, both the people and defendant shall
have the right to appeal any decision of that court relating to that
motion to the superior court of the county in which the municipal or
superior court is located, in accordance with the California Rules of
Court provisions governing appeals to the appellate division in
criminal cases. If the people prosecute review by appeal or writ to
decision, or any review thereof, in a felony or misdemeanor case, it
shall be binding upon them.
(k) If the defendant's motion to return property or suppress
evidence is granted and the case is dismissed pursuant to Section
1385, or the people appeal in a misdemeanor case pursuant to
subdivision (j), the defendant shall be released pursuant to Section
1318 if he or she is in custody and not returned to custody unless
the proceedings are resumed in the trial court and he or she is
lawfully ordered by the court to be returned to custody.
If the defendant's motion to return property or suppress evidence
is granted and the people file a petition for writ of mandate or
prohibition pursuant to subdivision (o) or a notice of intention to
file such a petition, the defendant shall be released pursuant to
Section 1318, unless (1) he or she is charged with a capital offense
in a case where the proof is evident and the presumption great, or
(2) he or she is charged with a noncapital offense defined in Chapter
1 (commencing with Section 187) of Title 8 of Part 1, and the court
orders that the defendant be discharged from actual custody upon
bail.
(l) If the defendant's motion to return property or suppress
evidence is granted, the trial of a criminal case shall be stayed to
a specified date pending the termination in the appellate courts of
this state of the proceedings provided for in this section, Section
871.5, 1238, or 1466 and, except upon stipulation of the parties,
pending the time for the initiation of these proceedings. Upon the
termination of these proceedings, the defendant shall be brought to
trial as provided by Section 1382, and, subject to the provisions of
Section 1382, whenever the people have sought and been denied
appellate review pursuant to subdivision (o), the defendant shall be
entitled to have the action dismissed if he or she is not brought to
trial within 30 days of the date of the order that is the last denial
of the petition. Nothing contained in this subdivision shall
prohibit a court, at the same time as it rules upon the search and
seizure motion, from dismissing a case pursuant to Section 1385 when
the dismissal is upon the court's own motion and is based upon an
order at the special hearing granting the defendant's motion to
return property or suppress evidence. In a misdemeanor case, the
defendant shall be entitled to a continuance of up to 30 days if he
or she intends to file a motion to return property or suppress
evidence and needs this time to prepare for the special hearing on
the motion. In case of an appeal by the defendant in a misdemeanor
case from the denial of the motion, he or she shall be entitled to
bail as a matter of right, and, in the discretion of the trial or
appellate court, may be released on his or her own recognizance
pursuant to Section 1318.
(m) The proceedings provided for in this section, and Sections
871.5, 995, 1238, and 1466 shall constitute the sole and exclusive
remedies prior to conviction to test the unreasonableness of a search
or seizure where the person making the motion for the return of
property or the suppression of evidence is a defendant in a criminal
case and the property or thing has been offered or will be offered as
evidence against him or her. A defendant may seek further review of
the validity of a search or seizure on appeal from a conviction in a
criminal case notwithstanding the fact that the judgment of
conviction is predicated upon a plea of guilty. Review on appeal may
be obtained by the defendant provided that at some stage of the
proceedings prior to conviction he or she has moved for the return of
property or the suppression of the evidence.
(n) This section establishes only the procedure for suppression of
evidence and return of property, and does not establish or alter any
substantive ground for suppression of evidence or return of
property. Nothing contained in this section shall prohibit a person
from making a motion, otherwise permitted by law, to return property,
brought on the ground that the property obtained is protected by the
free speech and press provisions of the United States and California
Constitutions. Nothing in this section shall be construed as
altering (1) the law of standing to raise the issue of an
unreasonable search or seizure; (2) the law relating to the status of
the person conducting the search or seizure; (3) the law relating to
the burden of proof regarding the search or seizure; (4) the law
relating to the reasonableness of a search or seizure regardless of
any warrant that may have been utilized; or (5) the procedure and law
relating to a motion made pursuant to Section 871.5 or 995, or the
procedures that may be initiated after the granting or denial of such
a motion.
(o) Within 30 days after a defendant's motion is granted at a
special hearing in the superior court in a felony case, the people
may file a petition for writ of mandate or prohibition in the court
of appeal, seeking appellate review of the ruling regarding the
search or seizure motion. If the trial of a criminal case is set for
a date that is less than 30 days from the granting of a defendant's
motion at a special hearing in the superior court in a felony case,
the people, if they have not filed such a petition and wish to
preserve their right to file a petition, shall file in the superior
court on or before the trial date or within 10 days after the special
hearing, whichever occurs last, a notice of intention to file a
petition and shall serve a copy of the notice upon the defendant.
(p) If a defendant's motion to return property or suppress
evidence in a felony matter has been granted twice, the people may
not file a new complaint or seek an indictment in order to relitigate
the motion or relitigate the matter de novo at a special hearing in
the superior court as otherwise provided by subdivision (j), unless
the people discover additional evidence relating to the motion that
was not reasonably discoverable at the time of the second suppression
hearing. Relitigation of the motion shall be heard by the same
judge who granted the motion at the first hearing if the judge is
available.
(q) The amendments to this section enacted in the 1997 portion of
the 1997-98 Regular Session of the Legislature shall apply to all
criminal proceedings conducted on or after January 1, 1998.
SEC. 429. Section 2620 of the Penal Code is amended to read:
2620. When it is necessary to have a person imprisoned in the
state prison brought before any court to be tried for a felony, or
for an examination before a grand jury or magistrate preliminary to
such trial, or for the purpose of hearing a motion or other
proceeding, to vacate a judgment, an order for the prisoner's
temporary removal from said prison, and for the prisoner's production
before such court, grand jury or magistrate, must be made by the
superior court of the county in which said action, motion, or
examination is pending or by a judge thereof; such order shall be
made only upon the affidavit of the district attorney or defense
attorney, stating the purpose for which said person is to be brought
before the court, grand jury or magistrate or upon the court's own
motion. The order shall be executed by the sheriff of the county in
which it shall be made, whose duty it shall be to bring the prisoner
before the proper court, grand jury or magistrate, to safely keep the
prisoner, and when the prisoner's presence is no longer required to
return the prisoner to the prison from whence the prisoner was taken;
the expense of executing such order shall be a proper charge
against, and shall be paid by, the county in which the order shall be
made.
Such order shall recite the purposes for which said person is to
be brought before the court, grand jury or magistrate, and shall be
signed by the judge making the order and sealed with the seal of the
court. The order must be to the following effect:
County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that A.B. be produced in
the ____ court (or before the grand jury, as the case may be) to be
prosecuted or examined for the crime of ____, a felony (or to have
said motion heard), you are commanded to deliver the prisoner into
the custody of ____ for the purpose of (recite purposes).
Dated this ____ day of ____, 19__.
When a prisoner is removed from a state prison under this section
the prisoner shall remain in the constructive custody of the warden
thereof. During the prisoner's absence from the prison, the prisoner
may be ordered to appear in other felony proceedings as a defendant
or witness in the courts of the county from which the original order
directing removal issued. A copy of the written order directing the
prisoner to appear before any such court shall be forwarded by the
district attorney to the warden of the prison having protective
custody of the prisoner.
SEC. 430. Section 2621 of the Penal Code is amended to read:
2621. When the testimony of a material witness is required in a
criminal action, before any court in this state, or in an examination
before a grand jury or magistrate in a felony case and such witness
is a prisoner in a state prison, an order for the prisoner's
temporary removal from such prison, and for the prisoner's production
before such court, grand jury or magistrate, may be made by the
superior court of the county in which such action or examination is
pending or by a judge thereof; but in case the prison is out of the
county in which the application is made, such order shall be made
only upon the affidavit of the district attorney or of the defendant
or the defendant's counsel, showing that the testimony is material
and necessary; and even then the granting of the order shall be in
the discretion of said superior court or a judge thereof. The order
shall be executed by the sheriff of the county in which it is made,
whose duty it shall be to bring the prisoner before the proper court,
grand jury or magistrate, to safely keep the prisoner, and when the
prisoner is no longer required as a witness, to return the prisoner
to the prison whence the prisoner was taken; the expense of executing
such order shall be a proper charge against, and shall be paid by,
the county in which the order shall be made. Such orders shall
recite the purposes for which said person is to be brought before the
court, grand jury or magistrate, and shall be signed by the
magistrate or judge making the order, and sealed with the seal of the
court, if any.
Such order must be to the following effect:
County of ____ (as the case may be).
The people of the State of California to the warden of ____:
An order having been made this day by me, that A.B. be produced in
this court as witness in the case of ____, you are commanded to
deliver the prisoner into the custody of ____ for the purpose of
(recite purposes).
Dated this ____ day of ____, 19__.
When a prisoner is removed from a state prison under this section
the prisoner shall remain in the constructive custody of the warden
hereof. During the prisoner's absence from the prison, the prisoner
may be ordered to appear in other felony proceedings as a defendant
or witness in the courts of the county from which the original order
directing removal issued. A copy of the written order directing the
prisoner to appear before any such court shall be forwarded by the
district attorney to the warden of the prison having protective
custody of the prisoner.
SEC. 431. Section 2623 of the Penal Code is amended to read:
2623. If in a civil action or special proceeding a witness be a
prisoner, confined in a state prison within this state, an order for
the prisoner's examination in the prison by deposition may be made.
1. By the court itself in which the action or special proceeding
is pending, unless it be a small claims court.
2. By a judge of the superior court of the county where the action
or proceeding is pending, if pending before a small claims court or
before a judge or other person out of court.
Such order can only be made on the motion of a party, upon
affidavit showing the nature of the action or proceeding, the
testimony expected from the witness, and its materiality. The
deposition, when ordered, shall be taken in accordance with Section
2622.
SEC. 432. Section 3076 of the Penal Code is amended to read:
3076. (a) The board may make, establish and enforce rules and
regulations adopted under this article.
(b) The board shall act at regularly called meetings at which
two-thirds of the members are present, and shall make and establish
rules and regulations in writing stating the reasons therefor under
which any prisoner who is confined in or committed to any county
jail, work furlough facility, industrial farm, or industrial road
camp, or in any city jail, work furlough facility, industrial farm,
or industrial road camp under a judgment of imprisonment or as a
condition of probation for any criminal offense, unless the court at
the time of committing has ordered that such prisoner confined as a
condition of probation upon conviction of a felony not be granted
parole, may be allowed to go upon parole outside of such jail, work
furlough facility, industrial farm, or industrial road camp, but to
remain, while on parole, in the legal custody and under the control
of the board establishing the rules and regulations for the prisoner'
s parole, and subject at any time to be taken back within the
enclosure of any such jail, work furlough facility, industrial farm,
or industrial road camp.
(c) The board shall provide a complete copy of its written rules
and regulations and reasons therefor and any amendments thereto to
each of the judges of the county's municipal and superior courts.
The board shall provide to the persons in charge of the county's
correctional facilities a copy of the sections of its written rules
and regulations and any amendments thereto which govern eligibility
for parole, and the name and telephone number of the person or agency
to contact for additional information. Such rules and regulations
governing eligibility either shall be conspicuously posted and
maintained within each county correctional facility so that all
prisoners have access to a copy, or shall be given to each prisoner.
SEC. 433. Section 4004 of the Penal Code is amended to read:
4004. A prisoner committed to the county jail for examination, or
upon conviction for a public offense, must be actually confined in
the jail until legally discharged; and if the prisoner is permitted
to go at large out of the jail, except by virtue of a legal order or
process, it is an escape; provided, however, that during the pendency
of a criminal proceeding, the court before which said proceeding is
pending may make a legal order, good cause appearing therefor, for
the removal of the prisoner from the county jail in custody of the
sheriff. In courts where there is a marshal, the marshal shall
maintain custody of such prisoner while the prisoner is in the court
facility pursuant to such court order. The superior court of the
county may make a legal order, good cause appearing therefor, for the
removal of prisoners confined in the county jail, after conviction,
in the custody of the sheriff.
If facilities are no longer available in the county jail due to
crowded conditions, a sheriff may transfer a person committed to the
county jail upon conviction for a public offense to facilities which
are available in the city jail, as provided for in Section 4004.5.
SEC. 434. Section 4022 of the Penal Code is amended to read:
4022. Whenever by the terms of this code, or of any other law of
the state, it is provided that a prisoner shall be confined in any
county jail, such provision shall be construed to authorize any
prisoner convicted of a misdemeanor to be confined, with the consent
of the city, in any city jail in the judicial district in which the
offense was committed, and as to such prisoner so confined in such
city jail, the designations, county jail and city jail shall be
interchangeable, and in such case the obligations to which the county
is liable in case of confinement in a county jail, shall become
liabilities of the city where such prisoner is confined in a city
jail.
SEC. 435. Section 4024.1 of the Penal Code is amended to read:
4024.1. (a) The sheriff, chief of police, or any other person
responsible for a county or city jail may apply to the presiding
judge of the municipal or superior court to receive general
authorization for a period of 30 days to release inmates pursuant to
the provisions of this section.
(b) Whenever, after being authorized by a court pursuant to
subdivision (a), the actual inmate count exceeds the actual bed
capacity of a county or city jail, the sheriff, chief of police, or
other person responsible for such county or city jail may accelerate
the release, discharge, or expiration of sentence date of sentenced
inmates up to a maximum of five days.
(c) The total number of inmates released pursuant to this section
shall not exceed a number necessary to balance the inmate count and
actual bed capacity.
(d) Inmates closest to their normal release, discharge, or
expiration of sentence date shall be given accelerated release
priority.
(e) The number of days that release, discharge, or expiration of
sentence is accelerated shall in no case exceed 10 percent of the
particular inmate's original sentence, prior to the application
thereto of any other credits or benefits authorized by law.
SEC. 436. Section 4112 of the Penal Code is amended to read:
4112. When land has been acquired and such buildings and
structures erected and improvements made as may be immediately
necessary for the carrying out of the purposes of this article or
arrangements have been made for an industrial road camp or camps, the
board of supervisors shall adopt a resolution proclaiming that an
industrial farm or road camp has been established in the county and
designating a day on and after which persons will be admitted to such
farm or camp. Certified copies of the resolution shall be forwarded
by the clerk of the board of supervisors to each municipal court
judge in the county or each superior court judge in a county in which
there is no municipal court.
SEC. 437. Section 13125 of the Penal Code is amended to read:
13125. All basic information stored in state or local criminal
offender record information systems shall be recorded, when
applicable and available, in the form of the following standard data
elements:
The following personal identification data:
Name--(full name)
Aliases
Monikers
Race
Sex
Date of birth
Place of birth (state or country)
Height
Weight
Hair color
Eye color
CII number
FBI number
Social security number
California operators license number
Fingerprint classification number
Henry
NCIC
Address
The following arrest data:
Arresting agency
Booking number
Date of arrest
Offenses charged
Statute citations
Literal descriptions
Police disposition
Released
Cited and released
Turned over to
Complaint filed
The following misdemeanor or infraction data
or preliminary hearing data:
County and court name
Date complaint filed
Original offenses charged in a complaint or citation
Held to answer
Certified plea
Disposition
Not convicted
Dismissed
Acquitted
Court trial
Jury trial
Convicted
Plea
Court trial
Jury trial
Date of disposition
Convicted offenses
Sentence
Proceedings suspended
Reason suspended
The following superior court data:
County
Date complaint filed
Type of proceeding
Indictment
Information
Certification
Original offenses charged in indictment or
information
Disposition
Not convicted
Dismissed
Acquitted
Court trial
Jury trial
On transcript
Convicted--felony, misdemeanor
Plea
Court trial
Jury trial
On transcript
Date of disposition
Convicted offenses
Sentence
Proceedings suspended
Reason suspended
Source of reopened cases
The following corrections data:
Adult probation
County
Type of court
Court number
Offense
Date on probation
Date removed
Reason for removal
Jail (unsentenced prisoners only)
Offenses charged
Name of jail or institution
Date received
Date released
Reason for release
Bail on own recognizance
Bail
Other
Committing agency
County jail (sentenced prisoners only)
Name of jail, camp, or other
Convicted offense
Sentence
Date received
Date released
Reason for release
Committing agency
Youth Authority
County
Type of court
Court number
Youth Authority number
Date received
Convicted offense
Type of receipt
Original commitment
Parole violator
Date released
Type of release
Custody
Supervision
Date terminated
Department of Corrections
County
Type of court
Court number
Department of Corrections number
Date received
Convicted offense
Type of receipt
Original commitment
Parole violator
Date released
Type of release
Custody
Supervision
Date terminated
Mentally disordered sex offenders
County
Hospital number
Date received
Date discharged
Recommendation
SEC. 438. Section 13151 of the Penal Code is amended to read:
13151. The superior or municipal court that disposes of a case
for which an arrest was required to be reported to the Department of
Justice pursuant to Section 13150 or for which fingerprints were
taken and submitted to the Department of Justice by order of the
court shall assure that a disposition report of such case containing
the applicable data elements enumerated in Section 13125, or Section
13151.1 if such disposition is one of dismissal, is furnished to the
Department of Justice within 30 days according to the procedures and
on a format prescribed by the department. The court shall also
furnish a copy of such disposition report to the law enforcement
agency having primary jurisdiction to investigate the offense alleged
in the complaint or accusation. Whenever a court shall order any
action subsequent to the initial disposition of a case, the court
shall similarly report such proceedings to the department.
SEC. 439. Section 14154 of the Penal Code is amended to read:
14154. In a county in which the district attorney has established
a community conflict resolution program, the municipal court or the
superior court in a county in which there is no municipal court may,
with the consent of the district attorney and the defendant, refer
misdemeanor cases, including those brought by a city prosecutor, to
that program. In determining whether to refer a case to the
community conflict resolution program, the court shall consider, but
is not limited to considering, all of the following:
(a) The factors listed in Section 14152.
(b) Any other referral criteria established by the district
attorney for the program.
The court shall not refer any case to the community conflict
resolution program which was previously referred to that program by
the district attorney.
SEC. 440. Section 3357 of the Public Resources Code is amended to
read:
3357. In any proceeding before the director, and in any
proceeding instituted by the supervisor for the purpose of enforcing
or carrying out the provisions of this division, or for the purpose
of holding an investigation to ascertain the condition of any well or
wells complained of, or which in the opinion of the supervisor may
reasonably be presumed to be improperly located, drilled, operated,
maintained, or conducted, the supervisor and the director shall have
the power to administer oaths and may apply to a judge of the
superior court of the county in which the proceeding or investigation
is pending for a subpoena for witnesses to attend the proceeding or
investigation. Upon the application of the supervisor or the
director, the judge of the superior court shall issue a subpoena
directing the witness to attend the proceeding or investigation, and
such person shall be required to produce, when directed, all records,
surveys, documents, books, or accounts in the witness' custody or
under the witness' control; except that no person shall be required
to attend upon such proceeding unless the person resides within the
same county or within 100 miles of the place of attendance. The
supervisor or the director may in such case cause the depositions of
witnesses residing within or without the state to be taken in the
manner prescribed by law
for like depositions in civil actions in superior courts of this
state under Article 3 (commencing with Section 2016) of Chapter 3 of
Title 4 of Part 4 of the Code of Civil Procedure, and may, upon
application to a judge of the superior court of the county within
which the proceeding or investigation is pending, obtain a subpoena
compelling the attendance of witnesses and the production of records,
surveys, documents, books, or accounts at such places as the judge
may designate within the limits prescribed in this section.
SEC. 441. Section 3769 of the Public Resources Code is amended to
read:
3769. In any proceeding instituted by the supervisor for the
purpose of enforcing or carrying out the provisions of this chapter,
or for the purpose of holding an investigation to ascertain the
condition of any well or wells complained of, or which in the opinion
of the supervisor may reasonably be presumed to be improperly
located, drilled, operated, maintained, or conducted, the supervisor
shall have the power to administer oaths and may apply to a judge of
the superior court of the county in which the proceeding or
investigation is pending, for a subpoena for witnesses to attend the
proceeding or investigation. Upon the application of the supervisor,
the judge of the superior court shall issue a subpoena directing the
witness to attend the proceeding or investigation, and such person
shall be required to produce, when directed, all records, surveys,
documents, books, or accounts in the witness' custody or under the
witness' control; except that no person shall be required to attend
upon such proceeding, unless the person resides within the same
county or within 100 miles of the place of attendance.
The supervisor may in such case cause the depositions of witnesses
residing within or without the state to be taken in the manner
prescribed by law for like depositions in civil actions in superior
courts of this state under Article 3 (commencing with Section 2016)
of Chapter 3 of Title 4 of Part 4 of the Code of Civil Procedure, and
may, upon application to a judge of the superior court of the county
within which the proceeding or investigation is pending, obtain a
subpoena compelling the attendance of witnesses and the production of
records, surveys, documents, books, or accounts at such places as
the judge may designate within the limits prescribed in this section.
SEC. 442. Section 5560 of the Public Resources Code is amended to
read:
5560. (a) Violation of any ordinance, rule, or regulation adopted
pursuant to this article is a misdemeanor punishable by a fine not
to exceed five hundred dollars ($500) or by imprisonment in the
county jail for a period not to exceed six months, or by both such
fine and imprisonment, unless the board provides that a violation of
any ordinance, rule, or regulation is an infraction, which shall be
punishable by a fine not to exceed fifty dollars ($50).
(b) Any municipal court which may be established within the
district, or superior court in a county in which there is no
municipal court, shall have jurisdiction of all prosecutions under
this article for violations of any ordinance, rule, or regulation
adopted by the board.
SEC. 443. Section 1794 of the Public Utilities Code is amended to
read:
1794. The commission or any commissioner or any party may, in any
investigation or hearing before the commission, cause the deposition
of witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil actions in
the superior courts of this state under Article 3 (commencing with
Section 2016) of Chapter 3 of Title 4 of Part 4 of the Code of Civil
Procedure and to that end may compel the attendance of witnesses and
the production of books, waybills, documents, papers, and accounts.
SEC. 444. Section 5411.5 of the Public Utilities Code is amended
to read:
5411.5. Whenever a peace officer arrests a person for a violation
of Section 5411 involving the operation of a charter-party carrier
of passengers without a valid certificate or permit at a public
airport, within 100 feet of a public airport, or within two miles of
the international border between the United States and Mexico, the
peace officer may impound and retain possession of the vehicle used
in violation of Section 5411.
If the vehicle is seized from a person who is not the owner of the
vehicle, the impounding authority shall immediately give notice to
the owner by first-class mail.
The vehicle shall immediately be returned to the owner without
cost to the owner if the infraction or violation is not prosecuted or
is dismissed, the owner is found not guilty of the offense, or it is
determined that the vehicle was used in violation of Section 5411
without the knowledge and consent of the owner. Otherwise, the
vehicle shall be returned to the owner upon payment of any fine
ordered by the court. After the expiration of six weeks from the
final disposition of the criminal case, the impounding authority may
deal with the vehicle as lost or abandoned property under Section
1411 of the Penal Code.
At any time, a person may make a motion in municipal court, or in
superior court in a county in which there is no municipal court, for
the immediate return of the vehicle on the ground that there was no
probable cause to seize it or that there is some other good cause, as
determined by the court, for the return of the vehicle. A
proceeding under this section is a limited civil case.
No peace officer, however, shall impound any vehicle owned or
operated by a nonprofit organization exempt from taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code which serves youth or
senior citizens and provides transportation incidental to its
programs or services.
SEC. 445. Section 103100 of the Public Utilities Code is amended
to read:
103100. The government of the district shall be vested in a board
of directors, which shall consist of nine members, selected as
follows:
(a) Three members, two of whom shall, at the time of their
appointments and during their service as directors, be members of the
board of supervisors and one of whom shall possess expertise in the
field of transportation, appointed by the board of supervisors.
(b) Three members, all of whom shall be city council members at
the time of their appointments and during their service as directors,
appointed by the city selection committee created pursuant to
Article 11 (commencing with Section 50270), Chapter 1, Part 1,
Division 1, Title 5 of the Government Code.
(c) Three members, one of whom shall be a resident of the coastal
zone as defined in Section 27100 of the Public Resources Code, at the
time of their appointments and during their service as directors,
appointed by the six members appointed pursuant to subdivisions (a)
and (b).
SEC. 446. Section 6776 of the Revenue and Taxation Code is amended
to read:
6776. At any time within three years after any person is
delinquent in the payment of any amount herein required to be paid,
or within 10 years after the last recording of an abstract under
Section 6738 or the last recording or filing of a notice of state tax
lien under Section 7171 of the Government Code, the board or its
authorized representative may issue a warrant for the enforcement of
any liens and for the collection of any amount required to be paid to
the state under this part. The warrant shall be directed to any
sheriff, marshal, or the Department of the California Highway Patrol
and shall have the same effect as a writ of execution. The warrant
shall be levied and sale made pursuant to it in the same manner and
with the same effect as a levy of and a sale pursuant to a writ of
execution and shall be levied within five working days following
receipt of the warrant.
SEC. 447. Section 6777 of the Revenue and Taxation Code is amended
to read:
6777. The board may pay or advance to the sheriff, marshal, or
the Department of the California Highway Patrol, the same fees,
commissions, and expenses for services as are provided by law for
similar services rendered pursuant to a writ of execution. The
board, and not the court, shall approve the fees for publication in a
newspaper.
SEC. 448. Section 19232 of the Revenue and Taxation Code is
amended to read:
19232. The warrant shall be directed to any sheriff, marshal, or
the Department of the California Highway Patrol and shall have the
same force and effect as a writ of execution. The warrant shall be
levied and sale made pursuant to it in the same manner and with the
same force and effect as a levy of and sale pursuant to a writ of
execution.
SEC. 449. Section 19233 of the Revenue and Taxation Code is
amended to read:
19233. The Franchise Tax Board shall pay or advance to the
sheriff, marshal, or the Department of the California Highway Patrol
the same fees, commissions, and expenses as are provided by law for
similar services pursuant to a writ of execution. The Franchise Tax
Board, and not the court, shall approve the fees for publication in a
newspaper.
SEC. 450. Section 19280 of the Revenue and Taxation Code is
amended to read:
19280. (a) (1) Fines, state or local penalties, forfeitures,
restitution fines, restitution orders, or any other amounts imposed
by a superior municipal court of the State of California upon a
person or any other entity that is due and payable in an amount
totaling no less than two hundred fifty dollars ($250), in the
aggregate, for criminal offenses, including all offenses involving a
violation of the Vehicle Code except offenses relating to parking or
registration or offenses by pedestrians or bicyclists, may, no sooner
than 90 days after payment of that amount becomes delinquent, be
referred by the county or the state to the Franchise Tax Board for
collection under guidelines prescribed by the Franchise Tax Board.
(2) For purposes of this subdivision:
(A) The amounts referred by the county or state under this section
may include any amounts that a government entity may add to the
court-imposed obligation as a result of the underlying offense,
trial, or conviction. For purposes of this article, those amounts
shall be deemed to be imposed by the court.
(B) Restitution orders may be referred to the Franchise Tax Board
only by a government entity, as agreed upon by the Franchise Tax
Board, provided that all of the following apply:
(i) The government entity has the authority to collect on behalf
of the state or the victim.
(ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.
(iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by counties or other state
agencies.
(iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the State Restitution Fund.
(C) The Franchise Tax Board shall establish criteria for referral,
which shall include setting forth a minimum dollar amount subject to
referral and collection.
(b) For the period January 1, 1995, to December 31, 1997,
inclusive, for purposes of a manageable implementation and evaluation
of the program authorized by this article, the Franchise Tax Board
may limit referrals to nine counties.
(c) Upon written notice to the obligor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to
the State of California, and shall be collected from the obligor by
the Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure in the manner provided
for earnings withholding orders for taxes.
(d) (1) Part 10 (commencing with Section 17001), this part, Part
10.7 (commencing with Section 21001), and Part 11 (commencing with
Section 23001) shall apply to amounts referred under this article in
the same manner and with the same force and effect and to the full
extent as if the language of those laws had been incorporated in full
into this article, except to the extent that any provision is either
inconsistent with this article or is not relevant to this article.
(2) Any information, information sources, or enforcement remedies
and capabilities available to the court or the state referring to the
amount due described in subdivision (a), shall be available to the
Franchise Tax Board to be used in conjunction with, or independent
of, the information, information sources, or remedies and
capabilities available to the Franchise Tax Board for purposes of
administering Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), or Part 11 (commencing
with Section 23001).
(e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001) and Part
11 (commencing with Section 23001).
(f) For amounts referred for collection under subdivision (a),
interest shall accrue at the greater of the rate applicable to the
amount due being collected or the rate provided under Section 19521.
When notice of the amount due includes interest and is mailed to the
obligor and the amount is paid within 15 days after the date of
notice, interest shall not be imposed for the period after the date
of notice.
(g) In no event shall a collection under this article be construed
as a payment of income taxes imposed under Part 10 (commencing with
Section 17001) or Part 11 (commencing with Section 23001).
SEC. 451. Section 1785 of the Unemployment Insurance Code is
amended to read:
1785. If any amount required to be paid under this division is
not paid when due, the director or the director's authorized
representative may, not later than three years after the payment
became delinquent, or within 10 years after the last entry of a
judgment under Article 5 (commencing with Section 1815) or within 10
years after the last recording or filing of a notice of state tax
lien under Section 7171 of the Government Code, issue a warrant for
the enforcement of any liens and for the collection of any amount
required to be paid to the state under this division. The warrant
shall be directed to any sheriff, marshal, or peace officer of the
Department of the California Highway Patrol and shall have the same
effect as a writ of execution. The warrant shall be levied and sale
made pursuant to it in the same manner and with the same effect as a
levy of and a sale pursuant to a writ of execution.
SEC. 452. Section 1786 of the Unemployment Insurance Code is
amended to read:
1786. The department may pay or advance to the sheriff, marshal,
or peace officer of the Department of the California Highway Patrol
the same fees, commissions, and expenses for his or her services
under this article as are provided by law for similar services
pursuant to a writ of execution. The director, and not the court,
shall approve the fees for publication in a newspaper.
SEC. 453. Section 2802.5 of the Vehicle Code is amended to read:
2802.5. (a) The Department of the California Highway Patrol, in
cooperation with the Public Utilities Commission, the State Board of
Equalization, the Department of Motor Vehicles, the Judicial Council,
and other appropriate agencies, shall develop an interagency
agreement under which the agencies shall assign one or more employees
or interagency clerks at one or more commercial vehicle inspection
facilities of the department which are open on a continuous basis.
The employees or interagency clerks shall be assigned duties to
perform on behalf of the state agencies which are a party to the
agreement as specified in subdivision (b). However, in the case of
the Judicial Council, the clerk shall perform duties on behalf of the
clerk of the municipal court district in which the inspection
facility is located, or of the superior court in a county in which
there is no municipal court.
(b) The employees or interagency clerks may issue registration
permits for any of the state agencies which are parties to the
interagency agreement, accept the payment of any fees due any of the
state agencies, accept payment of bail or fines, set court dates, and
perform other ministerial administrative functions for the state
agencies or court. The Department of the California Highway Patrol,
in cooperation with the other state agencies, shall provide
computerized equipment appropriate to identify the status of any
vehicles or drivers passing through the inspection facility. The
employees or interagency clerks shall accept payment by credit card.
Assigned personnel may remain the employees of their respective
agencies, or as may otherwise be provided by the interagency
agreement. The interagency agreement shall provide for sharing of
associated costs between participating agencies, based on the
anticipated enhanced revenue collections.
(c) At the request of any peace officer, the employees or
interagency clerks shall determine the status of any outstanding
warrants and whether all fees due have been paid with respect to a
driver or vehicle present at the inspection facility.
(d) A peace officer at the inspection facility may store or
impound any vehicle upon determination that the vehicle or the driver
of the vehicle has failed to pay registration, regulatory, fuel
permit, or other fees, or has any outstanding warrants in any county
in the state. The stored or impounded vehicle shall be released upon
payment of those fees, fines, or the posting of bail. Upon request,
the driver or owner of the vehicle may request a hearing to
determine the validity of the seizure.
(e) The Department of the California Highway Patrol may implement
this program as a demonstration pilot program at one or more
locations. The department, on or before February 1, 1992, shall
report its recommendations for continuation, expansion, or
termination of the program to the Legislature. The report shall also
include comments from the trucking industry concerning the benefits
and problems in the program and any recommendations as a result of
the pilot project. The report shall also consider the potential for
ports of entry at major highway entry points to California, similar
to programs already implemented in other states.
SEC. 454. Section 9872.1 of the Vehicle Code is amended to read:
9872.1. (a) No person shall knowingly buy, sell, offer for sale,
receive, or have in his or her possession any vessel, or component
part thereof, from which the hull identification number has been
removed, defaced, altered, or destroyed, unless the vessel or
component part has attached thereto a hull identification number
assigned or approved by the department in lieu of the manufacturer's
number.
(b) Whenever a vessel, or component part thereof, from which the
hull identification number has been removed, defaced, altered, or
destroyed, and which does not have attached thereto an assigned or
approved number as described in subdivision (a), comes into the
custody of a peace officer, the seized vessel or component part is
subject, in accordance with the procedures specified in this section,
to impoundment and to such disposition as may be provided by order
of a court having jurisdiction. This subdivision does not apply with
respect to a seized vessel or component part used as evidence in any
criminal action or proceeding.
(c) Whenever a vessel or component part described in subdivision
(a) comes into the custody of a peace officer, any person from whom
the property was seized, and all claimants to the property whose
interest or title is on registration records in the department, shall
be notified within five days, excluding Saturdays, Sundays, and
holidays, after the seizure, of the date, time, and place of the
hearing required in subdivision (e). The notice shall contain the
information specified in subdivision (d).
(d) Whenever a peace officer seizes a vessel or component part as
provided in subdivision (b), any person from whom the property was
seized shall be provided a notice of impoundment of the vessel or
component part which shall serve as a receipt and contain the
following information:
(1) Name and address of person from whom the property was seized.
(2) A statement that the vessel or component part seized has been
impounded for investigation of a violation of this section and that
the property will be released upon a determination that the hull
identification number has not been removed, defaced, altered, or
destroyed, or upon the presentation of satisfactory evidence of
ownership of the vessel or component part, provided that no other
person claims an interest in the property; otherwise, a hearing
regarding the disposition of the vessel or component part shall take
place in the proper court.
(3) A statement that any person from whom the property was seized,
and all claimants to the property whose interest or title is on
registration records in the department, will receive written
notification of the date, time, and place of the hearing within five
days, excluding Saturdays, Sundays, and holidays, after the seizure.
(4) Name and address of the law enforcement agency where evidence
of ownership of the vessel or component part may be presented.
(5) A statement of the contents of this section.
(e) A hearing on the disposition of the property shall be held by
the municipal court, or by the superior court in a county in which
there is no municipal court, within 60 days after the seizure. The
hearing shall be before the court without a jury. A proceeding under
this section is a limited civil case.
(1) If the evidence reveals either that the hull identification
number has not been removed, altered, or destroyed or that the hull
identification number has been removed, altered, or destroyed but
satisfactory evidence of ownership has been presented to the seizing
agency or court, the property shall be released to the person
entitled thereto.
(2) If the evidence reveals that the hull identification number
has been removed, altered, or destroyed, and satisfactory evidence of
ownership has not been presented, the property shall be destroyed,
sold, or otherwise disposed of as provided by court order.
(3) At the hearing, the seizing agency shall have the burden of
establishing that the hull identification number has been removed,
defaced, altered, or destroyed and that no satisfactory evidence of
ownership has been presented.
(f) Nothing in this section precludes the return of a seized
vessel or component part to the owner by the seizing agency following
presentation of satisfactory evidence of ownership and, if
determined necessary, upon the assignment of an identification number
to the vessel or component part by the department.
SEC. 455. Section 10751 of the Vehicle Code is amended to read:
10751. (a) No person shall knowingly buy, sell, offer for sale,
receive, or have in his or her possession, any vehicle, or component
part thereof, from which any serial or identification number,
including, but not limited to, any number used for registration
purposes, that is affixed by the manufacturer to the vehicle or
component part, in whatever manner deemed proper by the manufacturer,
has been removed, defaced, altered, or destroyed, unless the vehicle
or component part has attached thereto an identification number
assigned or approved by the department in lieu of the manufacturer's
number.
(b) Whenever a vehicle described in subdivision (a), including a
vehicle assembled with any component part which is in violation of
subdivision (a), comes into the custody of a peace officer, it shall
be destroyed, sold, or otherwise disposed of under the conditions as
provided in an order by the court having jurisdiction. No court
order providing for disposition shall be issued unless the person
from whom the property was seized, and all claimants to the property
whose interest or title is on registration records in the Department
of Motor Vehicles, are provided a postseizure hearing by the court
having jurisdiction within 90 days after the seizure. This
subdivision shall not apply with respect to a seized vehicle or
component part used as evidence in any criminal action or proceeding.
Nothing in this section shall, however, preclude the return of a
seized vehicle or a component part to the owner by the seizing agency
following presentation of satisfactory evidence of ownership and, if
determined necessary, upon the assignment of an identification
number to the vehicle or component part by the department.
(c) Whenever a vehicle described in subdivision (a) comes into the
custody of a peace officer, the person from whom the property was
seized, and all claimants to the property whose interest or title is
on registration records in the Department of Motor Vehicles, shall be
notified within five days, excluding Saturdays, Sundays, and
holidays, after the seizure, of the date, time, and place of the
hearing required in subdivision (b). The notice shall contain the
information specified in subdivision (d).
(d) Whenever a peace officer seizes a vehicle described in
subdivision (a), the person from whom the property was seized shall
be provided a notice of impoundment of the vehicle which shall serve
as a receipt and contain the following information:
(1) Name and address of person from whom the property was seized.
(2) A statement that the vehicle seized has been impounded for
investigation of a violation of Section 10751 of the California
Vehicle Code and that the property will be released upon a
determination that the serial or identification number has not been
removed, defaced, altered, or destroyed, or upon the presentation of
satisfactory evidence of ownership of the vehicle or a component
part, if no other person claims an interest in the property;
otherwise, a hearing regarding the disposition of the vehicle shall
take place in the proper court.
(3) A statement that the person from whom the property was seized,
and all claimants to the property whose interest or title is on
registration records in the Department of Motor Vehicles, will
receive written
notification of the date, time, and place of the hearing within five
days, excluding Saturdays, Sundays, and holidays, after the seizure.
(4) Name and address of the law enforcement agency where evidence
of ownership of the vehicle or component part may be presented.
(5) A statement of the contents of Section 10751 of the Vehicle
Code.
(e) A hearing on the disposition of the property shall be held by
the municipal court, or by the superior court in a county in which
there is no municipal court, within 90 days after the seizure. The
hearing shall be before the court without a jury. A proceeding under
this section is a limited civil case.
(1) If the evidence reveals either that the serial or
identification number has not been removed, defaced, altered, or
destroyed or that the number has been removed, defaced, altered, or
destroyed but satisfactory evidence of ownership has been presented
to the seizing agency or court, the property shall be released to the
person entitled thereto. Nothing in this section precludes the
return of the vehicle or a component part to a good faith purchaser
following presentation of satisfactory evidence of ownership thereof
upon the assignment of an identification number to the vehicle or
component part by the department.
(2) If the evidence reveals that the identification number has
been removed, defaced, altered, or destroyed, and satisfactory
evidence of ownership has not been presented, the vehicle shall be
destroyed, sold, or otherwise disposed of as provided by court
order.
(3) At the hearing, the seizing agency has the burden of
establishing that the serial or identification number has been
removed, defaced, altered, or destroyed and that no satisfactory
evidence of ownership has been presented.
(f) This section does not apply to a scrap metal processor engaged
primarily in the acquisition, processing, and shipment of ferrous
and nonferrous scrap, and who receives dismantled vehicles from
licensed dismantlers, licensed junk collectors, or licensed junk
dealers as scrap metal for the purpose of recycling the dismantled
vehicles for their metallic content, the end product of which is the
production of material for recycling and remelting purposes for steel
mills, foundries, smelters, and refiners.
SEC. 455.5. Section 11205 of the Vehicle Code, as amended by
Section 48 of Chapter 571 of the Statutes of 1997, is amended to
read:
11205. (a) The department shall publish a traffic violator school
referral list of all the approved locations of traffic violator
school classes, by school name, to be transmitted to each municipal
court in the state, and to each superior court in a county in which
there is no municipal court, in sufficient quantity to allow the
courts to provide a copy to each person referred to traffic violator
school. The list shall be revised at least twice annually and
transmitted to the courts by the first day of January and the first
day of July. It shall include all of the following:
(1) The name of each traffic violator school or, pursuant to
subdivision (d), the general term "traffic violator school" followed
by its traffic violator school license number.
(2) A phone number used for student information.
(3) The county and the judicial district.
(4) The cities where classes are available.
(b) Each traffic violator school owner shall be permitted one
school name in a judicial district.
(c) The list shall be organized alphabetically in sections for
each county and subsections for each judicial district within the
county. The order of the names within each judicial district shall
be random pursuant to a drawing or lottery conducted by the
department.
(d) On the list prepared by the department under subdivision (c),
each traffic violator school shall appear by name unless a court
determines, pursuant to subdivision (e), that a name is inappropriate
and directs the department to delete the name and instead list the
school by the term "traffic violator school" followed by its license
number. The deletion of the name of a school from the list for a
judicial district shall not affect whether that school appears by
name on the list for any other judicial district within the state.
In making a determination under this subdivision regarding the
deletion of a name from the list, the court shall use as its criteria
whether the name is misleading to the public, undignified, or
implies that the school offers inducements or premiums which derogate
or distort the instructional intent of the traffic safety program.
(e) When the department transmits any referral list pursuant to
subdivision (a), each court shall do all of the following:
(1) Within 30 days of receipt of the list, notify the school owner
of any school name that the court intends to remove from the
referral list.
(2) Within 60 days of receipt of the list, make every effort to
schedule, conduct, and complete a hearing for the school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion
of the hearing, pursuant to subdivision (h).
(3) Within 10 days of the completion of that hearing, notify the
department and school owner of any school names it intends to remove
from the referral list.
(f) In order for a court action to delete a school name from the
next referral list published by the department, the department shall
receive court notification no later than 90 days prior to publication
of the next referral list and, absent a direct order by the
appellate division of the superior court or a court of higher
jurisdiction, the department shall not fail to publish a referral
list on the grounds that there exists pending litigation or appeals
concerning the lists.
(g) Any court notifying the department of a school name it intends
to remove from the list, pursuant to this section, shall provide the
school owner with the name of the judge making those findings.
(h) When a court informs a school owner, pursuant to subdivision
(e), of its decision to delete the name of a traffic violator school
from that judicial district's subsection of the department's traffic
violator school referral list, the owner may, on a form approved by
the department, submit a substitute name to the court and request
approval of that name. The court shall, within 30 days of receipt of
the request for approval of the substitute name, inform the
department and the school owner, on a form approved by the
department, of its approval or rejection of the substitute name. The
school owner may continue this appeal process for approval of a
substitute name until the court determines that the name does not
violate the standard set forth in subdivision (d). A name approval
in a judicial district shall not affect the school's name or listing
in any other district in the state. The department shall not impose
any fee or license requirement under this subdivision.
(i) If a court fails to act within 30 days on a request of a
traffic violator school owner, pursuant to subdivision (h), the
proposed substitute name shall be deemed approved by the court for
the purposes of the traffic violator school referral list.
(j) (1) Every application filed with the department on and after
June 1, 1991, for an original license by a traffic school owner or
for approval to conduct classes in a judicial district not previously
approved, shall be accompanied by the approval of the court in each
judicial district proposed for those operations of the name of the
school, on a form approved by the department for that purpose. For
the approved name to be included in the traffic violator school
referral list, the form shall be received by the department no later
than 90 days prior to publication.
(2) When a court disapproves a school name pursuant to this
subdivision, the court shall notify the school owner within 30 days
of its disapproval and schedule a hearing for that school owner, or a
representative, if requested, at which the sole issue shall be
whether the name violates the standards set forth in subdivision (d).
A substitute name may be submitted to the court at the conclusion
of the hearing, pursuant to subdivision (h).
(3) The court shall make every effort to schedule, conduct, and
complete a hearing within 60 days of receipt of the school owner's
request for a school name approval. A name approval in a judicial
district shall not affect the school's name or listing in any other
district in the state. A change in physical location by a school
within a judicial district shall not require approval pursuant to
this subdivision.
(k) The department shall publish a list of the owners of traffic
violator schools. One copy shall be provided to each municipal court
in the state, and to each superior court in a county in which there
is no municipal court. This list shall be revised at least twice
annually and transmitted to the courts by the first day of January
and the first day of July. This list shall include all of the
following:
(1) The name of each school, grouped by owner.
(2) The business office address.
(3) The business office telephone number.
(4) The license number.
(5) The owner's name.
(6) The operator's name.
(l) Except as otherwise provided in subdivision (d) of Section
42005, the court shall use either the current list of traffic
violator schools published by the department when it orders a person
to complete a traffic violator school pursuant to subdivision (a) or
(b) of Section 42005 or, when a court utilizing a nonprofit agency
for traffic violator school administration and monitoring services in
which all traffic violator schools licensed by the department are
allowed the opportunity to participate, a statewide referral list may
be published by the nonprofit agency and distributed by the court.
The agency shall monitor each classroom location situated within the
judicial districts in which that agency provides services to the
courts and is represented on its referral list. The monitoring shall
occur at least once every 90 days with reports forwarded to the
department and the respective courts on a monthly basis.
(m) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
(n) If any provision of subdivision (d) or (e), as added by
Section 4 of Assembly Bill 185 of the 1991-92 Regular Session, or the
application thereof to any person, is held to be unconstitutional,
this section is repealed on the date the decision of the court so
holding becomes final.
SEC. 456. Section 11205 of the Vehicle Code, as amended by Section
48.5 of Chapter 571 of the Statutes of 1997, is amended to read:
11205. (a) The department shall publish semiannually, or more
often as necessary to serve the purposes of this act, a list of all
traffic violator schools which are licensed pursuant to this section.
The list shall identify classroom facilities within a judicial
district that are at a different location from a licensed school's
principal facility. The department shall transmit the list to each
municipal court and to each superior court in a county in which there
is no municipal court, with a sufficient number of copies to allow
the courts to provide one copy to each person referred to a licensed
traffic violator school. The department shall, at least
semiannually, revise the list to ensure that each court has a current
list of all licensed traffic violator schools.
(b) Each licensed traffic violator school owner shall be permitted
one school name per judicial district.
(c) The referral list shall be organized alphabetically, in
sections for each county, and contain subsections for each judicial
district within the county. The order of the names within each
judicial district shall be random pursuant to a drawing or lottery
conducted by the department.
(d) Except as otherwise provided in subdivision (d) of Section
42005, the court shall use either the current referral list of
traffic violator schools published by the department when it orders a
person to complete a traffic violator school pursuant to subdivision
(a) or (b) of Section 42005 or, when a court utilizing a nonprofit
agency for traffic violator school administration and monitoring
services in which all traffic violator schools licensed by the
department are allowed the opportunity to participate, a statewide
referral list may be published by the nonprofit agency and
distributed by the court. The agency shall monitor each classroom
location situated within the judicial districts in which that agency
provides services to the courts and is represented on its referral
list. The monitoring shall occur at least once every 90 days with
reports forwarded to the department and the respective courts on a
monthly basis.
(e) The court may charge a traffic violator a fee to defray the
costs incurred by the agency for the monitoring reports and services
provided to the court. The court may delegate collection of the fee
to the agency. Fees shall be approved and regulated by the court.
Until December 31, 1996, the fee shall not exceed the actual cost
incurred by the agency or five dollars ($5), whichever is less.
(f) If any provision of subdivision (d) or (e) of Section 11205,
as added by Section 4 of Assembly Bill 185 of the 1991-92 Regular
Session, or the application thereof to any person, is held to be
unconstitutional, that Section 11205 is repealed on the date the
decision of the court so holding becomes final, and on that date,
this section shall become operative.
SEC. 457. Section 14607.6 of the Vehicle Code is amended to read:
14607.6. (a) Notwithstanding any other provision of law, and
except as provided in this section, a motor vehicle is subject to
forfeiture as a nuisance if it is driven on a highway in this state
by a driver with a suspended or revoked license, or by an unlicensed
driver, who is a registered owner of the vehicle at the time of
impoundment and has a previous misdemeanor conviction for a violation
of subdivision (a) of Section 12500 or Section 14601, 14601.1,
14601.2, 14601.3, 14601.4, or 14601.5.
(b) A peace officer shall not stop a vehicle for the sole reason
of determining whether the driver is properly licensed.
(c) (1) If a driver is unable to produce a valid driver's license
on the demand of a peace officer enforcing the provisions of this
code, as required by subdivision (b) of Section 12951, the vehicle
shall be impounded regardless of ownership, unless the peace officer
is reasonably able, by other means, to verify that the driver is
properly licensed. Prior to impounding a vehicle, a peace officer
shall attempt to verify the license status of a driver who claims to
be properly licensed but is unable to produce the license on demand
of the peace officer.
(2) A peace officer shall not impound a vehicle pursuant to this
subdivision if the license of the driver expired within the preceding
30 days and the driver would otherwise have been properly licensed.
(3) A peace officer may exercise discretion in a situation where
the driver without a valid license is an employee driving a vehicle
registered to the employer in the course of employment. A peace
officer may also exercise discretion in a situation where the driver
without a valid license is the employee of a bona fide business
establishment or is a person otherwise controlled by such an
establishment and it reasonably appears that an owner of the vehicle,
or an agent of the owner, relinquished possession of the vehicle to
the business establishment solely for servicing or parking of the
vehicle or other reasonably similar situations, and where the vehicle
was not to be driven except as directly necessary to accomplish that
business purpose. In this event, if the vehicle can be returned to
or be retrieved by the business establishment or registered owner,
the peace officer may release and not impound the vehicle.
(4) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to subdivision (n).
(5) If the driver of a vehicle impounded pursuant to this
subdivision was not a registered owner of the vehicle at the time of
impoundment, or if the driver of the vehicle was a registered owner
of the vehicle at the time of impoundment but the driver does not
have a previous conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5, the vehicle shall be released pursuant to this code and
is not subject to forfeiture.
(d) (1) This subdivision applies only if the driver of the vehicle
is a registered owner of the vehicle at the time of impoundment.
Except as provided in paragraph (5) of subdivision (c), if the driver
of a vehicle impounded pursuant to subdivision (c) was a registered
owner of the vehicle at the time of impoundment, the impounding
agency shall authorize release of the vehicle if, within three days
of impoundment, the driver of the vehicle at the time of impoundment
presents his or her valid driver's license, including a valid
temporary California driver's license or permit, to the impounding
agency. The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner
authorized in writing, upon payment of towing and storage charges
related to the impoundment, and any administrative charges authorized
by Section 22850.5, providing that the person claiming the vehicle
is properly licensed and the vehicle is properly registered. A
vehicle impounded pursuant to the circumstances described in
paragraph (3) of subdivision (c) shall be released to a registered
owner whether or not the driver of the vehicle at the time of
impoundment presents a valid driver's license.
(2) If there is a community property interest in the vehicle
impounded pursuant to subdivision (c), owned at the time of
impoundment by a person other than the driver, and the vehicle is the
only vehicle available to the driver's immediate family that may be
operated with a class C driver's license, the vehicle shall be
released to a registered owner or to the community property interest
owner upon compliance with all of the following requirements:
(A) The registered owner or the community property interest owner
requests release of the vehicle and the owner of the community
property interest submits proof of that interest.
(B) The registered owner or the community property interest owner
submits proof that he or she, or an authorized driver, is properly
licensed and that the impounded vehicle is properly registered
pursuant to this code.
(C) All towing and storage charges related to the impoundment and
any administrative charges authorized pursuant to Section 22850.5 are
paid.
(D) The registered owner or the community property interest owner
signs a stipulated vehicle release agreement, as described in
paragraph (3), in consideration for the nonforfeiture of the vehicle.
This requirement applies only if the driver requests release of the
vehicle.
(3) A stipulated vehicle release agreement shall provide for the
consent of the signator to the automatic future forfeiture and
transfer of title to the state of any vehicle registered to that
person, if the vehicle is driven by a driver with a suspended or
revoked license, or by an unlicensed driver. The agreement shall be
in effect for only as long as it is noted on a driving record
maintained by the department pursuant to Section 1806.1.
(4) The stipulated vehicle release agreement described in
paragraph (3) shall be reported by the impounding agency to the
department not later than 10 days after the day the agreement is
signed.
(5) No vehicle shall be released pursuant to paragraph (2) if the
driving record of a registered owner indicates that a prior
stipulated vehicle release agreement was signed by that person.
(e) (1) The impounding agency, in the case of a vehicle that has
not been redeemed pursuant to subdivision (d), or that has not been
otherwise released, shall promptly ascertain from the department the
names and addresses of all legal and registered owners of the
vehicle.
(2) The impounding agency, within two days of impoundment, shall
send a notice by certified mail, return receipt requested, to all
legal and registered owners of the vehicle, at the addresses obtained
from the department, informing them that the vehicle is subject to
forfeiture and will be sold or otherwise disposed of pursuant to this
section. The notice shall also include instructions for filing a
claim with the district attorney, and the time limits for filing a
claim. The notice shall also inform any legal owner of its right to
conduct the sale pursuant to subdivision (g). If a registered owner
was personally served at the time of impoundment with a notice
containing all the information required to be provided by this
paragraph, no further notice is required to be sent to a registered
owner. However, a notice shall still be sent to the legal owners of
the vehicle, if any. If notice was not sent to the legal owner
within two working days, the impounding agency shall not charge the
legal owner for more than 15 days' impoundment when the legal owner
redeems the impounded vehicle.
(3) No processing charges shall be imposed on a legal owner who
redeems an impounded vehicle within 15 days of the impoundment of
that vehicle. If no claims are filed and served within 15 days after
the mailing of the notice in paragraph (2), or if no claims are
filed and served within five days of personal service of the notice
specified in paragraph (2), when no other mailed notice is required
pursuant to paragraph (2), the district attorney shall prepare a
written declaration of forfeiture of the vehicle to the state. A
written declaration of forfeiture signed by the district attorney
under this subdivision shall be deemed to provide good and sufficient
title to the forfeited vehicle. A copy of the declaration shall be
provided on request to any person informed of the pending forfeiture
pursuant to paragraph (2). A claim that is filed and is later
withdrawn by the claimant shall be deemed not to have been filed.
(4) If a claim is timely filed and served, then the district
attorney shall file a petition of forfeiture with the appropriate
juvenile, municipal, or superior court within 10 days of the receipt
of the claim. The district attorney shall establish an expedited
hearing date in accordance with instructions from the court, and the
court shall hear the matter without delay. The court filing fee, not
to exceed fifty dollars ($50), shall be paid by the claimant, but
shall be reimbursed by the impounding agency if the claimant
prevails. To the extent practicable, the civil and criminal cases
shall be heard at the same time in an expedited, consolidated
proceeding. A proceeding in the civil case is a limited civil case.
(5) The burden of proof in the civil case shall be on the
prosecuting agency, by a preponderance of the evidence. All
questions that may arise shall be decided and all other proceedings
shall be conducted as in an ordinary civil action. A judgment of
forfeiture does not require as a condition precedent the conviction
of a defendant of an offense which made the vehicle subject to
forfeiture. The filing of a claim within the time limits specified
in paragraph (3) is considered a jurisdictional prerequisite for the
availing of the action authorized by that paragraph.
(6) All right, title, and interest in the vehicle shall vest in
the state upon commission of the act giving rise to the forfeiture.
(f) Any vehicle impounded that is not redeemed pursuant to
subdivision (d) and is subsequently forfeited pursuant to this
section shall be sold once an order of forfeiture is issued by the
district attorney of the county of the impounding agency or a court,
as the case may be, pursuant to subdivision (e).
(g) Any legal owner who in the regular course of business conducts
sales of repossessed or surrendered motor vehicles may take
possession and conduct the sale of the forfeited vehicle if it
notifies the agency impounding the vehicle of its intent to conduct
the sale within 15 days of the mailing of the notice pursuant to
subdivision (e). Sale of the vehicle after forfeiture pursuant to
this subdivision may be conducted at the time, in the manner, and on
the notice usually given by the legal owner for the sale of
repossessed or surrendered vehicles. The proceeds of any sale
conducted by the legal owner shall be disposed of as provided in
subdivision (i).
(h) If the legal owner does not notify the agency impounding the
vehicle of its intent to conduct the sale as provided in subdivision
(g), the agency shall offer the forfeited vehicle for sale at public
auction within 60 days of receiving title to the vehicle. Low value
vehicles shall be disposed of pursuant to subdivision (k).
(i) The proceeds of a sale of a forfeited vehicle shall be
disposed of in the following priority:
(1) To satisfy the towing and storage costs following impoundment,
the costs of providing notice pursuant to subdivision (e), the costs
of sale, and the unfunded costs of judicial proceedings, if any.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges,
providing that the principal indebtedness was incurred prior to the
date of impoundment.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle, other than a registered or legal owner, to satisfy any
indebtedness so secured if written notification of demand is received
before distribution of the proceeds is completed. The holder of a
subordinate lien or encumbrance, if requested, shall furnish
reasonable proof of its interest and, unless it does so upon request,
is not entitled to distribution pursuant to this paragraph.
(4) To any other person, other than a registered or legal owner,
who can reasonably establish an interest in the vehicle, including a
community property interest, to the extent of his or her provable
interest, if written notification is received
before distribution of the proceeds is
completed.
(5) Of the remaining proceeds, funds shall be made available to
pay any local agency and court costs, that are reasonably related to
the implementation of this section, that remain unsatisfied.
(6) Of the remaining proceeds, half shall be transferred to the
Controller for deposit in the Vehicle Inspection and Repair Fund for
the high-polluter repair assistance and removal program created by
Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code, and half shall be
transferred to the general fund of the city or county of the
impounding agency, or the city or county where the impoundment
occurred. A portion of the local funds may be used to establish a
reward fund for persons coming forward with information leading to
the arrest and conviction of hit-and-run drivers and to publicize the
availability of the reward fund.
(j) The person conducting the sale shall disburse the proceeds of
the sale as provided in subdivision (i) and shall provide a written
accounting regarding the disposition to the impounding agency and, on
request, to any person entitled to or claiming a share of the
proceeds, within 15 days after the sale is conducted.
(k) If the vehicle to be sold pursuant to this section is not of
the type that can readily be sold to the public generally, the
vehicle shall be conveyed to a licensed dismantler or donated to an
eleemosynary institution. License plates shall be removed from any
vehicle conveyed to a dismantler pursuant to this subdivision.
(l) No vehicle shall be sold pursuant to this section if the
impounding agency determines the vehicle to have been stolen. In
this event, the vehicle may be claimed by the registered owner at any
time after impoundment, providing the vehicle registration is
current and the registered owner has no outstanding traffic
violations or parking penalties on his or her driving record or on
the registration record of any vehicle registered to the person. If
the identity of the legal and registered owners of the vehicle cannot
be reasonably ascertained, the vehicle may be sold.
(m) Any owner of a vehicle who suffers any loss due to the
impoundment or forfeiture of any vehicle pursuant to this section may
recover the amount of the loss from the unlicensed, suspended, or
revoked driver. If possession of a vehicle has been tendered to a
business establishment in good faith, and an unlicensed driver
employed or otherwise directed by the business establishment is the
cause of the impoundment of the vehicle, a registered owner of the
impounded vehicle may recover damages for the loss of use of the
vehicle from the business establishment.
(n) (1) The impounding agency, if requested to do so not later
than 10 days after the date the vehicle was impounded, shall provide
the opportunity for a poststorage hearing to determine the validity
of the storage to the persons who were the registered and legal
owners of the vehicle at the time of impoundment, except that the
hearing shall be requested within three days after the date the
vehicle was impounded if personal service was provided to a
registered owner pursuant to paragraph (2) of subdivision (e) and no
mailed notice is required.
(2) The poststorage hearing shall be conducted not later than two
days after the date it was requested. The impounding agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle. Failure of either the registered or legal owner to
request a hearing as provided in paragraph (1) or to attend a
scheduled hearing shall satisfy the poststorage hearing requirement.
(3) The agency employing the person who directed the storage is
responsible for the costs incurred for towing and storage if it is
determined that the driver at the time of impoundment had a valid
driver's license.
(o) As used in this section, "days" means workdays not including
weekends and holidays.
(p) Charges for towing and storage for any vehicle impounded
pursuant to this section shall not exceed the normal towing and
storage rates for other vehicle towing and storage conducted by the
impounding agency in the normal course of business.
(q) The Judicial Council and the Department of Justice may
prescribe standard forms and procedures for implementation of this
section to be used by all jurisdictions throughout the state.
(r) The impounding agency may act as the agent of the state in
carrying out this section.
(s) No vehicle shall be impounded pursuant to this section if the
driver has a valid license but the license is for a class of vehicle
other than the vehicle operated by the driver.
(t) This section does not apply to vehicles subject to Sections
14608 and 14609, if there has been compliance with the procedures in
those sections.
SEC. 457.5. Section 14607.6 of the Vehicle Code is amended to
read:
14607.6. (a) Notwithstanding any other provision of law, and
except as provided in this section, a motor vehicle is subject to
forfeiture as a nuisance if it is driven on a highway in this state
by a driver with a suspended or revoked license, or by an unlicensed
driver, who is a registered owner of the vehicle at the time of
impoundment and has a previous misdemeanor conviction for a violation
of subdivision (a) of Section 12500 or Section 14601, 14601.1,
14601.2, 14601.3, 14601.4, or 14601.5.
(b) A peace officer shall not stop a vehicle for the sole reason
of determining whether the driver is properly licensed.
(c) (1) If a driver is unable to produce a valid driver's license
on the demand of a peace officer enforcing the provisions of this
code, as required by subdivision (b) of Section 12951, the vehicle
shall be impounded regardless of ownership, unless the peace officer
is reasonably able, by other means, to verify that the driver is
properly licensed. Prior to impounding a vehicle, a peace officer
shall attempt to verify the license status of a driver who claims to
be properly licensed but is unable to produce the license on demand
of the peace officer.
(2) A peace officer shall not impound a vehicle pursuant to this
subdivision if the license of the driver expired within the preceding
30 days and the driver would otherwise have been properly licensed.
(3) A peace officer may exercise discretion in a situation where
the driver without a valid license is an employee driving a vehicle
registered to the employer in the course of employment. A peace
officer may also exercise discretion in a situation where the driver
without a valid license is the employee of a bona fide business
establishment or is a person otherwise controlled by such an
establishment and it reasonably appears that an owner of the vehicle,
or an agent of the owner, relinquished possession of the vehicle to
the business establishment solely for servicing or parking of the
vehicle or other reasonably similar situations, and where the vehicle
was not to be driven except as directly necessary to accomplish that
business purpose. In this event, if the vehicle can be returned to
or be retrieved by the business establishment or registered owner,
the peace officer may release and not impound the vehicle.
(4) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to subdivision (n).
(5) If the driver of a vehicle impounded pursuant to this
subdivision was not a registered owner of the vehicle at the time of
impoundment, or if the driver of the vehicle was a registered owner
of the vehicle at the time of impoundment but the driver does not
have a previous conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5, the vehicle shall be released pursuant to this code and
is not subject to forfeiture.
(d) (1) This subdivision applies only if the driver of the vehicle
is a registered owner of the vehicle at the time of impoundment.
Except as provided in paragraph (5) of subdivision (c), if the driver
of a vehicle impounded pursuant to subdivision (c) was a registered
owner of the vehicle at the time of impoundment, the impounding
agency shall authorize release of the vehicle if, within three days
of impoundment, the driver of the vehicle at the time of impoundment
presents his or her valid driver's license, including a valid
temporary California driver's license or permit, to the impounding
agency. The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner
authorized in writing, upon payment of towing and storage charges
related to the impoundment, and any administrative charges authorized
by Section 22850.5, providing that the person claiming the vehicle
is properly licensed and the vehicle is properly registered. A
vehicle impounded pursuant to the circumstances described in
paragraph (3) of subdivision (c) shall be released to a registered
owner whether or not the driver of the vehicle at the time of
impoundment presents a valid driver's license.
(2) If there is a community property interest in the vehicle
impounded pursuant to subdivision (c), owned at the time of
impoundment by a person other than the driver, and the vehicle is the
only vehicle available to the driver's immediate family that may be
operated with a class C driver's license, the vehicle shall be
released to a registered owner or to the community property interest
owner upon compliance with all of the following requirements:
(A) The registered owner or the community property interest owner
requests release of the vehicle and the owner of the community
property interest submits proof of that interest.
(B) The registered owner or the community property interest owner
submits proof that he or she, or an authorized driver, is properly
licensed and that the impounded vehicle is properly registered
pursuant to this code.
(C) All towing and storage charges related to the impoundment and
any administrative charges authorized pursuant to Section 22850.5 are
paid.
(D) The registered owner or the community property interest owner
signs a stipulated vehicle release agreement, as described in
paragraph (3), in consideration for the nonforfeiture of the vehicle.
This requirement applies only if the driver requests release of the
vehicle.
(3) A stipulated vehicle release agreement shall provide for the
consent of the signator to the automatic future forfeiture and
transfer of title to the state of any vehicle registered to that
person, if the vehicle is driven by a driver with a suspended or
revoked license, or by an unlicensed driver. The agreement shall be
in effect for only as long as it is noted on a driving record
maintained by the department pursuant to Section 1806.1.
(4) The stipulated vehicle release agreement described in
paragraph (3) shall be reported by the impounding agency to the
department not later than 10 days after the day the agreement is
signed.
(5) No vehicle shall be released pursuant to paragraph (2) if the
driving record of a registered owner indicates that a prior
stipulated vehicle release agreement was signed by that person.
(e) (1) The impounding agency, in the case of a vehicle that has
not been redeemed pursuant to subdivision (d), or that has not been
otherwise released, shall promptly ascertain from the department the
names and addresses of all legal and registered owners of the
vehicle.
(2) The impounding agency, within two days of impoundment, shall
send a notice by certified mail, return receipt requested, to all
legal and registered owners of the vehicle, at the addresses obtained
from the department, informing them that the vehicle is subject to
forfeiture and will be sold or otherwise disposed of pursuant to this
section. The notice shall also include instructions for filing a
claim with the district attorney, and the time limits for filing a
claim. The notice shall also inform any legal owner of its right to
conduct the sale pursuant to subdivision (g). If a registered owner
was personally served at the time of impoundment with a notice
containing all the information required to be provided by this
paragraph, no further notice is required to be sent to a registered
owner. However, a notice shall still be sent to the legal owners of
the vehicle, if any. If notice was not sent to the legal owner
within two working days, the impounding agency shall not charge the
legal owner for more than 15-days' impoundment when the legal owner
redeems the impounded vehicle.
(3) No processing charges shall be imposed on a legal owner who
redeems an impounded vehicle within 15 days of the impoundment of
that vehicle. If no claims are filed and served within 15 days after
the mailing of the notice in paragraph (2), or if no claims are
filed and served within five days of personal service of the notice
specified in paragraph (2), when no other mailed notice is required
pursuant to paragraph (2), the district attorney shall prepare a
written declaration of forfeiture of the vehicle to the state. A
written declaration of forfeiture signed by the district attorney
under this subdivision shall be deemed to provide good and sufficient
title to the forfeited vehicle. A copy of the declaration shall be
provided on request to any person informed of the pending forfeiture
pursuant to paragraph (2). A claim that is filed and is later
withdrawn by the claimant shall be deemed not to have been filed.
(4) If a claim is timely filed and served, then the district
attorney shall file a petition of forfeiture with the appropriate
juvenile, municipal, or superior court within 10 days of the receipt
of the claim. The district attorney shall establish an expedited
hearing date in accordance with instructions from the court, and the
court shall hear the matter without delay. The court filing fee, not
to exceed fifty dollars ($50), shall be paid by the claimant, but
shall be reimbursed by the impounding agency if the claimant
prevails. To the extent practicable, the civil and criminal cases
shall be heard at the same time in an expedited, consolidated
proceeding. A proceeding in the civil case is a limited civil case.
(5) The burden of proof in the civil case shall be on the
prosecuting agency, by a preponderance of the evidence. All
questions that may arise shall be decided and all other proceedings
shall be conducted as in an ordinary civil action. A judgment of
forfeiture does not require as a condition precedent the conviction
of a defendant of an offense which made the vehicle subject to
forfeiture. The filing of a claim within the time limits specified
in paragraph (3) is considered a jurisdictional prerequisite for the
availing of the action authorized by that paragraph.
(6) All right, title, and interest in the vehicle shall vest in
the state upon commission of the act giving rise to the forfeiture.
(f) Any vehicle impounded that is not redeemed pursuant to
subdivision (d) and is subsequently forfeited pursuant to this
section shall be sold once an order of forfeiture is issued by the
district attorney of the county of the impounding agency or a court,
as the case may be, pursuant to subdivision (e).
(g) Any legal owner who is a motor vehicle dealer, bank, credit
union, acceptance corporation, or other licensed financial
institution legally operating in this state, or the agent of that
legal owner, may take possession and conduct the sale of the
forfeited vehicle if the legal owner or agent notifies the agency
impounding the vehicle of its intent to conduct the sale within 15
days of the mailing of the notice pursuant to subdivision (e). Sale
of the vehicle after forfeiture pursuant to this subdivision may be
conducted at the time, in the manner, and on the notice usually given
for the sale of repossessed or surrendered vehicles. The proceeds
of any sale conducted by or on behalf of the legal owner shall be
disposed of as provided in subdivision (i). A notice pursuant to
this subdivision may be presented in person, by certified mail, by
facsimile transmission, or by electronic mail.
(h) If the legal owner or agent of the owner does not notify the
agency impounding the vehicle of its intent to conduct the sale as
provided in subdivision (g), the agency shall offer the forfeited
vehicle for sale at public auction within 60 days of receiving title
to the vehicle. Low value vehicles shall be disposed of pursuant to
subdivision (k).
(i) The proceeds of a sale of a forfeited vehicle shall be
disposed of in the following priority:
(1) To satisfy the towing and storage costs following impoundment,
the costs of providing notice pursuant to subdivision (e), the costs
of sale, and the unfunded costs of judicial proceedings, if any.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges,
providing that the principal indebtedness was incurred prior to the
date of impoundment.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle, other than a registered or legal owner, to satisfy any
indebtedness so secured if written notification of demand is received
before distribution of the proceeds is completed. The holder of a
subordinate lien or encumbrance, if requested, shall furnish
reasonable proof of its interest and, unless it does so upon request,
is not entitled to distribution pursuant to this paragraph.
(4) To any other person, other than a registered or legal owner,
who can reasonably establish an interest in the vehicle, including a
community property interest, to the extent of his or her provable
interest, if written notification is received before distribution of
the proceeds is completed.
(5) Of the remaining proceeds, funds shall be made available to
pay any local agency and court costs, that are reasonably related to
the implementation of this section, that remain unsatisfied.
(6) Of the remaining proceeds, half shall be transferred to the
Controller for deposit in the Vehicle Inspection and Repair Fund for
the high-polluter repair assistance and removal program created by
Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code, and half shall be
transferred to the general fund of the city or county of the
impounding agency, or the city or county where the impoundment
occurred. A portion of the local funds may be used to establish a
reward fund for persons coming forward with information leading to
the arrest and conviction of hit-and-run drivers and to publicize the
availability of the reward fund.
(j) The person conducting the sale shall disburse the proceeds of
the sale as provided in subdivision (i) and shall provide a written
accounting regarding the disposition to the impounding agency and, on
request, to any person entitled to or claiming a share of the
proceeds, within 15 days after the sale is conducted.
(k) If the vehicle to be sold pursuant to this section is not of
the type that can readily be sold to the public generally, the
vehicle shall be conveyed to a licensed dismantler or donated to an
eleemosynary institution. License plates shall be removed from any
vehicle conveyed to a dismantler pursuant to this subdivision.
(l) No vehicle shall be sold pursuant to this section if the
impounding agency determines the vehicle to have been stolen. In
this event, the vehicle may be claimed by the registered owner at any
time after impoundment, providing the vehicle registration is
current and the registered owner has no outstanding traffic
violations or parking penalties on his or her driving record or on
the registration record of any vehicle registered to the person. If
the identity of the legal and registered owners of the vehicle cannot
be reasonably ascertained, the vehicle may be sold.
(m) Any owner of a vehicle who suffers any loss due to the
impoundment or forfeiture of any vehicle pursuant to this section may
recover the amount of the loss from the unlicensed, suspended, or
revoked driver. If possession of a vehicle has been tendered to a
business establishment in good faith, and an unlicensed driver
employed or otherwise directed by the business establishment is the
cause of the impoundment of the vehicle, a registered owner of the
impounded vehicle may recover damages for the loss of use of the
vehicle from the business establishment.
(n) (1) The impounding agency, if requested to do so not later
than 10 days after the date the vehicle was impounded, shall provide
the opportunity for a poststorage hearing to determine the validity
of the storage to the persons who were the registered and legal
owners of the vehicle at the time of impoundment, except that the
hearing shall be requested within three days after the date the
vehicle was impounded if personal service was provided to a
registered owner pursuant to paragraph (2) of subdivision (e) and no
mailed notice is required.
(2) The poststorage hearing shall be conducted not later than two
days after the date it was requested. The impounding agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle. Failure of either the registered or legal owner to
request a hearing as provided in paragraph (1) or to attend a
scheduled hearing shall satisfy the poststorage hearing requirement.
(3) The agency employing the person who directed the storage is
responsible for the costs incurred for towing and storage if it is
determined that the driver at the time of impoundment had a valid
driver's license.
(o) As used in this section, "days" means workdays not including
weekends and holidays.
(p) Charges for towing and storage for any vehicle impounded
pursuant to this section shall not exceed the normal towing and
storage rates for other vehicle towing and storage conducted by the
impounding agency in the normal course of business.
(q) The Judicial Council and the Department of Justice may
prescribe standard forms and procedures for implementation of this
section to be used by all jurisdictions throughout the state.
(r) The impounding agency may act as the agent of the state in
carrying out this section.
(s) No vehicle shall be impounded pursuant to this section if the
driver has a valid license but the license is for a class of vehicle
other than the vehicle operated by the driver.
(t) This section does not apply to vehicles subject to Sections
14608 and 14609, if there has been compliance with the procedures in
those sections.
(u) As used in this section, "district attorney" includes a city
attorney charged with the duty of prosecuting misdemeanor offenses.
(v) The agent of a legal owner acting pursuant to subdivision (g)
shall be licensed, or exempt from licensure, pursuant to Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code.
SEC. 458. Section 27360 of the Vehicle Code is amended to read:
27360. (a) No parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, shall permit his or her child
or ward under the age of four years, regardless of weight, or
weighing less than 40 pounds, regardless of age, to be transported
upon a highway in the motor vehicle without providing and properly
using, for each child or ward, a child passenger restraint system
meeting applicable federal motor vehicle safety standards.
(b) No driver shall transport on a highway any child under four
years of age, regardless of weight, or weighing less than 40 pounds,
regardless of age, in a motor vehicle, as defined in Section 27315,
without providing and properly securing the child in a child
passenger restraint system meeting applicable federal motor vehicle
safety standards. This subdivision does not apply to a driver if the
parent or legal guardian of the child is also present in the vehicle
and is not the driver.
(c) (1) A first offense under this section is punishable by a fine
of one hundred dollars ($100), except that the court may waive the
fine if the defendant establishes to the satisfaction of the court
that he or she is economically disadvantaged and the court, instead,
refers the defendant to a child passenger restraint low-cost purchase
or loaner program. If the fine is waived, the court shall
nevertheless report the conviction to the department pursuant to
Section 1803.
(2) A second or subsequent offense under this section is
punishable by a fine of one hundred dollars ($100), no part of which
may be waived by the court.
(d) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
(1) Sixty percent to county health departments where the violation
occurred, to be used for a child passenger restraint low-cost
purchase or loaner program that shall include, but not be limited to,
education on the proper installation and use of a child passenger
restraint system. The county health department shall designate a
coordinator to facilitate the creation of a special account and to
develop a relationship with the court system to facilitate the
transfer of funds to the program. The county may contract for the
implementation of the program. Prior to obtaining possession of a
child passenger restraint system pursuant to this section, a person
shall receive information relating to the importance of utilizing
that system.
As the proceeds from fines become available, county health
departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county shall forward the listing to
the Office of Traffic Safety in the Business, Transportation and
Housing Agency and the courts, birthing centers, community child
health and disability prevention programs, county clinics, prenatal
clinics, women, infants, and children programs, and county hospitals
in that county, who shall make the listing available to the public.
The Office of Traffic Safety shall maintain a listing of all of the
programs in the state.
(2) Twenty-five percent to the county for the administration of
the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes
of paragraph (1).
SEC. 459. Section 40230 of the Vehicle Code is amended to read:
40230. (a) Within 30 calendar days after the mailing or personal
delivery of the final decision described in subdivision (b) of
Section 40215, the contestant may seek review by filing an appeal to
be heard by the municipal court, or by the superior court in a county
in which there is no municipal court, where the same shall be heard
de novo, except that the contents of the processing agency's file in
the case shall be received in evidence. A copy of the notice of
parking violation or, if the citation was issued electronically, a
true and correct abstract containing the information set forth in the
notice of parking violation shall be admitted into evidence as prima
facie evidence of the facts stated therein. A copy of the notice of
appeal shall be served in person or by first-class mail upon the
processing agency by the contestant. For purposes of computing the
30-calendar-day period, Section 1013 of the Code of Civil Procedure
shall be applicable. A proceeding under this subdivision is a
limited civil case.
(b) The fee for filing the notice of appeal is twenty-five dollars
($25). The court shall request that the processing agency's file on
the case be forwarded to the court, to be received within 15
calendar days of the request. The court shall notify the contestant
of the appearance date by mail or personal delivery. The court shall
retain the twenty-five dollar ($25) fee regardless of the outcome of
the appeal. If the court finds in favor of the contestant, the
amount of the fee shall be reimbursed to the contestant by the
processing agency. Any deposit of parking penalty shall be refunded
by the processing agency in accordance with the judgment of the
court.
(c) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the parking penalty has not been deposited and the decision
is against the contestant, the processing agency shall, after the
decision becomes final, proceed to collect the penalty pursuant to
Section 40220.
SEC. 460. Section 40256 of the Vehicle Code is amended to read:
40256. (a) Within 20 days after the mailing of the final decision
described in subdivision (b) of Section 40255, the contestant may
seek review by filing an appeal to the municipal court, or to the
superior court in a county in which there is no municipal court,
where the same shall be heard de novo, except that the contents of
the processing agency's file in the case on appeal shall be received
in evidence. A copy of the notice of toll evasion violation shall be
admitted into evidence as prima facie evidence of the facts stated
therein. A copy of the notice of appeal shall be served in person or
by first-class mail upon the processing agency by the contestant.
For purposes of computing the 20-day period, Section 1013 of the Code
of Civil Procedure shall be applicable. A proceeding under this
subdivision is a limited civil case.
(b) The fee for filing the notice of appeal shall be twenty-five
dollars ($25). If the appellant prevails, this fee, together with
any deposit of toll evasion penalty, shall be promptly refunded by
the processing agency in accordance with the judgment of the court.
(c) The conduct of the hearing on appeal under this section is a
subordinate judicial duty which may be performed by commissioners and
other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the toll evasion penalty has not been deposited and the
decision is adverse to the contestant, the processing agency may,
promptly after the decision becomes final, proceed to collect the
penalty under Section 40267.
SEC. 461. Section 40502 of the Vehicle Code is amended to read:
40502. The place specified in the notice to appear shall be any
of the following:
(a) Before a magistrate within the county in which the offense
charged is alleged to have been committed and who has jurisdiction of
the offense and is nearest or most accessible with reference to the
place where the arrest is made.
(b) Upon demand of the person arrested, before a judge or other
magistrate having jurisdiction of the offense at the county seat of
the county in which the offense is alleged to have been committed.
This subdivision applies only if the person arrested resides, or the
person's principal place of employment is located, closer to the
county seat than to the court or other magistrate nearest or most
accessible to the place where the arrest is made.
(c) Before a person authorized to receive a deposit of bail.
The clerk and deputy clerks of the municipal court or of the
superior court in a county in which there is no municipal court are
persons authorized to receive bail in accordance with a schedule of
bail approved by the judges of those courts.
(d) Before the juvenile court, a juvenile court referee, or a
juvenile traffic hearing officer within the county in which the
offense charged is alleged to have been committed, if the person
arrested appears to be under the age of 18 years. The juvenile court
shall by order designate the proper person before whom the
appearance is to be made.
In a county that has implemented the provisions of Section 603.5
of the Welfare and Institutions Code, if the offense alleged to have
been committed by a minor is classified as an infraction under this
code, or is a violation of a local ordinance involving the driving,
parking, or operation of a motor vehicle, the citation shall be
issued as provided in subdivision (a), (b), or (c); provided,
however, that if the citation combines an infraction and a
misdemeanor, the place specified shall be as provided in subdivision
(d).
If the place specified in the notice to appear is within a
judicial district or city and county where a department of the
municipal court, or of the superior court in a county in which there
is no municipal court, is to hold a night session within a period of
not more than 10 days after the arrest, the notice to appear shall
contain, in addition to the above, a statement notifying the person
arrested that the person may appear before such a night session of
the court.
SEC. 462. Section 40506.5 of the Vehicle Code is amended to read:
40506.5. Prior to the date upon which the defendant promised to
appear and without depositing bail, the defendant may request a
continuance of the written promise to appear. The judge of a
municipal court or of a superior court in a county in which there is
no municipal court may authorize the clerk to grant the continuance.
SEC. 463. Section 40508.6 of the Vehicle Code is amended to read:
40508.6. The Legislature hereby authorizes the establishment of
the following program, to be implemented in any county, upon the
adoption of a resolution by the board of supervisors authorizing it.
For the superior court and each municipal court district in the
county, a board of supervisors may establish administrative
assessments, not to exceed ten dollars ($10), for clerical and
administrative costs incurred for the following activities:
(a) An assessment for the cost of recording and maintaining a
record of the defendant's prior convictions for violations of this
code. The assessment shall be payable at the time of payment of a
fine or when bail is forfeited for any subsequent violations of this
code other than parking, pedestrian, or bicycle violations.
(b) An assessment for all defendants whose driver's license or
automobile registration is attached or restricted pursuant to Section
40509 or 40509.5, to cover the cost of notifying the Department of
Motor Vehicles of the attachment or restriction.
SEC. 464. Section 42008 of the Vehicle Code is amended to read:
42008. (a) Any county may operate an amnesty program for
delinquent fines and bail imposed for an infraction or misdemeanor
violation of the Vehicle Code, except parking violations of the
Vehicle Code and violations of Section 23103, 23104, 23152, or 23153.
The program shall be implemented by the courts in accordance with
Judicial Council guidelines, and shall apply to infraction or
misdemeanor violations of the Vehicle Code, except parking
violations, upon which a fine or bail was delinquent on or before
April 1, 1991.
(b) Under the amnesty program, any person owing a fine or bail due
on or before April 1, 1991, that was imposed for an infraction or
misdemeanor violation of the Vehicle Code, except violations of
Section 23103, 23104, 23152, or 23153 or parking violations, may pay
to the municipal court or to the superior court in a county in which
there is no municipal court the amount scheduled by the court, which
shall be either (1) 70 percent of the total fine or bail or (2) the
amount of one hundred dollars ($100) for an infraction or five
hundred dollars ($500) for a misdemeanor. This amount shall be
accepted by the court in full satisfaction of the delinquent fine or
bail.
(c) No criminal action shall be brought against any person for a
delinquent fine or bail paid under this amnesty program and no other
additional penalties shall be assessed for the late payment of the
fine or bail made under the amnesty program.
(d) Notwithstanding Section 1463 of the Penal Code, the total
amount of funds collected by the courts pursuant to the amnesty
program created by this section shall be deposited in the county
treasury.
SEC. 465. Section 42203 of the Vehicle Code is amended to read:
42203. Notwithstanding Section 42201 or 42201.5, 50 percent of
all fines and forfeitures collected in a municipal court, or in a
superior court in a county in which there is no municipal court, upon
conviction or upon the forfeiture of bail for violations of any
provisions of the Vehicle Code, or of any local ordinance or
resolution, relating to stopping, standing, or parking a vehicle,
that have occurred upon the premises of facilities physically located
in such county, but which are owned by another county, which other
county furnishes law enforcement personnel for the premises, shall be
transmitted pursuant to this section to the county which owns the
facilities upon which the violations occurred. The court receiving
such moneys shall, once each month, transmit such moneys received in
the preceding month to the county treasurer of the county in which
the court is located. Once each month in which the county treasurer
receives such moneys, the county treasurer shall transmit to the
county which owns such facilities an amount equal to 50 percent
thereof. The county owning such facilities shall, upon receipt of
such moneys from the municipal court or superior court of the county
in which the facilities are physically located, deposit such moneys
in its county treasury for use solely in meeting traffic control and
law enforcement expenses on the premises upon which the violations
occurred.
This section shall not apply when the county in which such
facilities are located performs all law enforcement functions with
respect to such facilities.
SEC. 466. Section 310 of the Water Code is amended to read:
310. All prosecutions for the violation of any of the provisions
of this article shall be instituted in the municipal court of the
county in which the well is situated, or in the superior court in a
county in which there is no municipal court.
SEC. 467. Section 1100 of the Water Code is amended to read:
1100. The board or any party to a proceeding before it may, in
any investigation or hearing, cause the deposition of witnesses
residing within or without the state to be taken in the manner
prescribed by law for depositions in civil actions in the superior
courts of this state under Article 3 (commencing with Section 2016)
of Chapter 3 of Title 4 of Part 4 of the Code of Civil Procedure.
SEC. 468. Section 245 of the Welfare and Institutions Code is
amended to read:
245. Each superior court shall exercise the jurisdiction
conferred by this chapter, and while sitting in the exercise of such
jurisdiction, shall be known and referred to as the juvenile court.
Appealable orders and judgments of the juvenile court are subject to
the appellate jurisdiction of the court of appeal.
SEC. 469. Section 255 of the Welfare and Institutions Code is
amended to read:
255. The judge of the juvenile court, or in counties having more
than one judge of the juvenile court the presiding judge of the
juvenile court or the senior judge if there is no presiding judge,
may appoint one or more persons of suitable experience, who may be
judges of the municipal court, or of the superior court in a county
in which there is no municipal court, or a probation officer or
assistant or deputy probation officers, to serve as juvenile hearing
officers on a full-time or part-time basis. A hearing officer shall
serve at the pleasure of the appointing judge, and unless the
appointing judge makes his or her order terminating the appointment
of a hearing officer, the hearing officer shall continue to serve
until the appointment of his or her successor. The board of
supervisors shall determine whether any compensation shall be paid to
hearing officers, not otherwise employed by a public agency or
holding another public office, and shall establish the amounts and
rates thereof. An appointment of a probation officer, assistant
probation officer, or deputy probation officer as a juvenile hearing
officer may be made only with the consent of the probation officer.
A juvenile court shall be known as the Informal Juvenile and Traffic
Court when a hearing officer appointed pursuant to this section hears
a case specified in Section 256.
SEC. 470. Section 601.4 of the Welfare and Institutions Code is
amended to read:
601.4. (a) The juvenile court judge may be assigned to sit as a
municipal court judge, or as a superior court judge in a county in
which there is no municipal court, to hear any complaint alleging
that a parent, guardian, or other person having control or charge of
a minor has violated Section 48293 of the Education Code. The
jurisdiction of the juvenile court granted by this section shall not
be exclusive and the charge may be prosecuted instead in a municipal
court, or in a superior court in a county in which there is no
municipal court. However, upon motion, that action shall be
transferred to the juvenile court.
(b) Notwithstanding Section 737 of the Penal Code, a violation of
Section 48293 of the Education Code may be prosecuted pursuant to
subdivision (a), by written complaint filed in the same manner as an
infraction may be prosecuted. The juvenile court judge, sitting as a
municipal court judge or as a superior court judge in a county in
which there is no municipal court, may coordinate the action
involving the minor with any action involving the parent, guardian,
or other person having control or charge of the minor. Both matters
may be heard and decided at the same time unless the parent,
guardian, other person having control or charge of the minor, or any
member of the press or public objects to a closed hearing of the
proceedings charging violation of Section 48293 of the Education
Code.
SEC. 471. Section 603.5 of the Welfare and Institutions Code is
amended to read:
603.5. (a) Notwithstanding any other provision of law, in
counties which adopt the provisions of this section, jurisdiction
over the case of a minor alleged to have committed only a violation
of the Vehicle Code classified as an infraction or a violation of a
local ordinance involving the driving, parking, or operation of a
motor vehicle, is with the municipal court or the superior court in a
county in which there is no municipal court, except that the court
may refer to the juvenile court for adjudication, cases involving a
minor who has been adjudicated a ward of the juvenile court, or who
has other matters pending in the juvenile court.
(b) The cases specified in subdivision (a) shall not be governed
by the procedures set forth in the juvenile court law.
(c) Any provisions of juvenile court law requiring that
confidentiality be observed as to cases and proceedings, prohibiting
or restricting the disclosure of juvenile court records, or
restricting attendance by the public at juvenile court proceedings
shall not apply. The procedures for bail specified in Chapter 1
(commencing with Section 1268) of Title 10 of Part 2 of the Penal
Code shall apply.
(d) The provisions of this section shall apply in a county in
which the board of supervisors, with the concurrence of the presiding
judges of the superior, juvenile, and any municipal courts, adopts a
resolution making the section applicable in the county as to any
matters to be heard by the municipal or superior court pursuant to
this section, or in which a trial court coordination plan has been
approved by the Judicial Council pursuant to Section 68112 of the
Government Code that provides for the coordination of matters
pursuant to this section.
SEC. 472. Section 656 of the Welfare and Institutions Code is
amended to read:
656. A petition to commence proceedings in the juvenile court to
declare a minor a ward of the court shall be verified and shall
contain all of the following:
(a) The name of the court to which it is addressed.
(b) The title of the proceeding.
(c) The code section and subdivision under which the proceedings
are instituted.
(d) The name, age, and address, if any, of the minor upon whose
behalf the petition is brought.
(e) The names and residence addresses, if known to the petitioner,
of both of the parents and any guardian of the minor. If there is
no parent or guardian residing within the state, or if his or her
place of residence is not known to the petitioner, the petition shall
also contain the name and residence address, if known, of any adult
relative residing within the county, or, if there are none, the adult
relative residing nearest to the location of the court.
(f) A concise statement of facts, separately stated, to support
the conclusion that the minor upon whose behalf the petition is being
brought is a person within the definition of each of the sections
and subdivisions under which the proceedings are being instituted.
(g) The fact that the minor upon whose behalf the petition is
brought is detained in custody or is not detained in custody, and if
he or she is detained in custody, the date and the precise time the
minor was taken into custody.
(h) A notice to the father, mother, spouse, or other person liable
for support of the minor child, that: (1) Section 903 may make that
person, the estate of that person, and the estate of the minor
child, liable for the cost of the care, support, and maintenance of
the minor child in any county institution or any other place in which
the child is placed, detained, or committed pursuant to an order of
the juvenile court; (2) Section 903.1 may make that person, the
estate of that person, and the estate of the minor child, liable for
the cost to the county of legal services rendered to the minor by a
private attorney or a public defender appointed pursuant to the order
of the juvenile court; (3) Section 903.2 may make that person, the
estate of that person, and the estate of the minor child, liable for
the cost to the county of the probation supervision of the minor
child by the probation officer pursuant to the order of the juvenile
court; and (4) the liabilities established by these sections are
joint and several.
(i) In a proceeding alleging that the minor comes within Section
601, notice to the parent, guardian, or other person having control
or charge of the minor that failure to comply with the compulsory
school attendance laws is an infraction, which may be charged and
prosecuted before the juvenile court judge sitting as a municipal
court judge or as a superior court judge in a county in which there
is no municipal court. In those cases, the petition shall also
include notice that the parent, guardian, or other person having
control or charge of the minor has the right to a hearing on the
infraction before a judge different than the judge who has heard or
is to hear the proceeding pursuant to Section 601. The notice shall
explain the provisions of Section 170.6 of the Code of Civil
Procedure.
(j) If a proceeding is pending against a minor child for a
violation of Section 594.2, 640.5, 640.6, or 640.7 of the Penal Code,
a notice to the parent or legal guardian of the minor that if the
minor is found to have violated either or both of these provisions
that (1) any community service which may be required of the minor may
be performed in the presence, and under the direct supervision, of
the parent or legal guardian pursuant to either or both of these
provisions, and (2) if the minor is personally unable to pay any fine
levied for the violation of either or both of these provisions, that
the parent or legal guardian of the minor shall be liable for
payment of the fine pursuant to those sections.
(k) A notice to the parent or guardian of the minor that if the
minor is ordered to make restitution to the victim pursuant to
Section 729.6, as operative on or before August 2, 1995, Section
731.1, as operative on or before August 2, 1995, or Section 730.6, or
to pay fines or penalty assessments, the parent or guardian may be
liable for the payment of restitution, fines, or penalty assessments.
SEC. 473. Section 661 of the Welfare and Institutions Code is
amended to read:
661. In addition to the notice provided in Sections 658 and 659,
the juvenile court may issue its citation directing any parent,
guardian, or foster parent of the person concerning whom a petition
has been filed to appear at the time and place set for any hearing or
financial evaluation under the provisions of this chapter, including
a hearing under the provisions of Section 257, and directing any
person having custody or control of the minor concerning whom the
petition has been filed to bring the minor with him or her. The
notice shall in addition state that a parent, guardian, or foster
parent may be required to participate in a counseling or education
program with the minor concerning whom the petition has been filed.
If the proceeding is one alleging that the minor comes within the
provisions of Section 601, the notice shall in addition contain
notice to the parent, guardian, or other person having control or
charge of the minor that failure to comply with the compulsory school
attendance laws is an infraction, which may be charged and
prosecuted before the juvenile court judge sitting as a municipal
court judge or as a superior court judge in a county in which there
is no municipal court. In those cases, the notice shall also include
notice that the parent, guardian, or other person having control or
charge of the minor has the right to a hearing on the infraction
before a judge different than the judge who has heard or is to hear
the proceeding pursuant to Section 601. The notice shall explain the
provisions of Section 170.6 of the Code of Civil Procedure.
Personal service of the citation shall be made at least 24 hours
before the time stated therein for the appearance.
SEC. 474. Section 742.16 of the Welfare and Institutions Code is
amended to read:
742.16. (a) If a minor is found to be a person described in
Section 602 by reason of the commission of an act prohibited by
Section 594, 594.3, 594.4, 640.5, 640.6 or 640.7 of the Penal Code,
and the court does not remove the minor from the physical custody of
the parent or guardian, the court as a condition of probation, except
in any case in which the court makes a finding and states on the
record its reasons why that condition would be inappropriate, shall
require the minor to wash, paint, repair, or replace the property
defaced, damaged, or destroyed by the minor or otherwise pay
restitution to the probation officer of the county for disbursement
to the owner or possessor of the property or both. In any case in
which the minor is not granted probation or in which the minor's
cleanup, repair, or replacement of the property will not return the
property to its condition before it was defaced, damaged, or
destroyed, the court shall make a finding of the amount of
restitution that would be required to fully compensate the owner and
possessor of the property for their damages. The court shall order
the minor or the minor's estate to pay that restitution to the
probation officer of the county for disbursement to the owner or
possessor of the property or both, to the extent the court determines
that the minor or the minor's estate have the ability to do so,
except in any case in which the court makes a finding and states on
the record its reasons why full restitution would be inappropriate.
If full restitution is found to be inappropriate, the court shall
require the minor to perform specified community service, except in
any case in which the court makes a finding and states on the record
its reasons why that condition would be inappropriate.
(b) If a minor is found to be a person described in Section 602 by
reason of the commission of an act prohibited by Section 594, 594.3,
594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or
other material inscribed by the minor has been removed, or the
property defaced by the minor has been repaired or replaced by a
public entity that has elected, pursuant to Section 742.14, to have
the probation officer of the county recoup its costs through
proceedings in accordance with this section and has made cost
findings in accordance with subdivisions (c) or (d) of Section
742.14, the court shall determine the total cost incurred by the
public entity for said removal, repair, or replacement, using, if
applicable, the cost findings most recently adopted by the public
entity pursuant to subdivision (c) or (d) of Section 742.14. The
court shall order the minor or the minor's estate to pay those costs
to the probation officer of the county to the extent the court
determines that the minor or the minor's estate have the ability to
do so.
(c) If the minor is found to be a person described in Section
602 by reason of the commission of an act prohibited by Section 594,
594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code and the minor
was identified or apprehended by the law enforcement agency of a city
or county that has elected, pursuant to Section 742.14, to have the
probation officer of the county recoup its costs through proceedings
in accordance with this section, the court shall determine the cost
of identifying or apprehending the minor, or both, using, if
applicable, the cost findings adopted by the city or county pursuant
to subdivision (b) of Section 742.14. The court shall order the
minor or the minor's estate to pay those costs to the probation
officer of the county to the extent the court determines that the
minor or the minor's estate have the ability to do so.
(d) If the court determines that the minor or the minor's estate
is unable to pay in full the costs and damages determined pursuant to
subdivisions (a), (b), and (c), and if the minor's parent or parents
have been cited into court pursuant to Section 742.18, the court
shall hold a hearing to determine the liability of the minor's parent
or parents pursuant to Section 1714.1 of the Civil Code for those
costs and damages. Except when the court makes a finding setting
forth unusual circumstances in which parental liability would not
serve the interests of justice, the court shall order the minor's
parent or parents to pay those costs and damages to the probation
officer of the county to the extent the court determines that the
parent or parents have the ability to pay, if the minor was in the
custody or control of the parent or parents at the time he or she
committed the act that forms the basis for the finding that the minor
is a person described in Section 602. In evaluating the parent's or
parents' ability to pay, the court shall take into consideration the
family income, the necessary obligations of the family, and the
number of persons dependent upon this income.
(e) The hearing described in subdivision (d) may be held
immediately following the disposition hearing or at a later date, at
the option of the court.
(f) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) is five thousand dollars
($5,000) or less, the parent or parents may not be represented by
counsel and the probation officer of the county shall be represented
by his or her nonattorney designee. The court shall conduct such a
hearing in accordance with Sections 116.510 and 116.520 of the Code
of Civil Procedure. Notwithstanding the foregoing, if the court
determines that a parent cannot properly present his or her defense,
the court may, in its discretion, allow another individual to assist
that parent. In addition, a husband or wife may appear and
participate in the hearing on behalf of his or her spouse if the
representative's spouse has given his or her consent and the court
determines that the interest of justice would be served thereby.
(g) If the amount of costs and damages sought to be recovered in
the hearing pursuant to subdivision (d) exceeds five thousand dollars
($5,000), the parent or parents may be represented by counsel of his
or her or their own choosing, and the probation officer of the
county shall be represented by the district attorney or an attorney
or nonattorney designee of the probation officer. The parent or
parents shall not be entitled to court-appointed counsel or to
counsel compensated at public expense.
(h) At the hearing conducted pursuant to subdivision (d), there
shall be a presumption affecting the burden of proof that the
findings of the court made pursuant to subdivisions (a), (b), and (c)
represent the actual damages and costs attributable to the act of
the minor that forms the basis of the finding that the minor is a
person described in Section 602.
(i) If the parent or parents, after having been cited to appear
pursuant to Section 742.18, fail to appear as ordered, the court
shall order the parent or parents to pay the full amount of the costs
and damages determined by the court pursuant to subdivisions (a),
(b), and (c).
(j) Execution may be issued on an order issued by the court
pursuant to this section in the same manner as on a judgment in a
civil action, including any balance unpaid at the termination of the
court's jurisdiction over the minor.
(k) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the showing of a change in circumstances relating to his
or her ability to pay the judgment.
(l) For purposes of a hearing conducted pursuant to subdivision
(d), the judge of the juvenile court shall have the jurisdiction of a
judge of the municipal court or of the superior court in a limited
civil case, and where the amount of the demand is five thousand
dollars ($5,000) or less, the judge of the juvenile court shall have
the powers of a judge presiding over the small claims court.
(m) Nothing in this section shall be construed to limit the
authority of a juvenile court to provide conditions of probation.
(n) The options available to the court pursuant to subdivisions
(a), (b), (c), (d), and (k), to order payment by the minor and his or
her parent or parents of less than the full costs described in
subdivisions (a), (b), and (c), on grounds of financial inability or
for reasons of justice, shall not be available to a municipal court
in an ordinary civil proceeding pursuant to subdivision (b) of
Section 1714.1 of the Civil Code, except that in any proceeding
pursuant to either subdivision (b) of Section 1714.1 of the Civil
Code or this section, the maximum amount that a parent or a minor may
be ordered to pay shall not exceed twenty thousand dollars ($20,000)
for each tort of the minor.
SEC. 475. Section 3050 of the Welfare and Institutions Code is
amended to read:
3050. Upon conviction of a defendant of a misdemeanor or
infraction or following revocation of probation previously granted
for a misdemeanor or infraction, whether or not sentence has been
imposed, if it appears to the judge that the defendant may be
addicted or by reason of repeated use of narcotics may be in imminent
danger of becoming addicted to narcotics, such judge shall adjourn
the proceedings or suspend the imposition or execution of the
sentence, certify the defendant to the superior court and order the
district attorney to file a petition for a commitment of the
defendant to the Director of Corrections for confinement in the
narcotic detention, treatment and rehabilitation facility.
Upon the filing of such a petition, the superior court shall order
the defendant to be examined by one physician. At the request of
the defendant, the court shall order the defendant to be examined by
a second physician. At least one day before the time of the
examination as fixed by the court order, a copy of the petition and
order for examination shall be personally delivered to the defendant.
A written report of the examination by the physician or physicians
shall be delivered to the court, and if the report is to the effect
that the person is not addicted nor in imminent danger of addiction,
it shall so certify and return the defendant to the court which
certified such defendant to the superior court for such further
proceedings as the judge of such court deems warranted. If the
report is to the effect that the defendant is addicted or is by
reason of the repeated use of narcotics in imminent danger of
addiction, further proceedings shall be conducted in compliance with
Sections 3104, 3105, 3106, and 3107.
If, after a hearing, the judge finds that the defendant is a
narcotic addict, or is by reason of the repeated use of narcotics in
imminent danger of becoming addicted thereto, and is not ineligible
for the program under the application of Section 3052, he or she
shall make an order committing such defendant to the custody of the
Director of Corrections for confinement in the facility until such
time as he or she is discharged pursuant to Article 5 (commencing
with Section 3200), except as this chapter permits earlier discharge.
If, upon the hearing, the judge shall find that the defendant is
not a narcotic addict and is not in imminent danger of becoming
addicted to narcotics, the judge shall so certify and return the
defendant to the court which certified the defendant to the superior
court for such further proceedings as the judge of the court which
certified the defendant to the superior court deems warranted.
If a person committed pursuant to this section is dissatisfied
with the order of commitment, he or she may within 10 days after the
making of such order, file a written demand for a jury trial in
compliance with Section 3108.
SEC. 476. Section 3051 of the Welfare and Institutions Code is
amended to read:
3051. Upon conviction of a defendant for a felony, or following
revocation of probation previously granted for a felony, and upon
imposition of sentence, if it appears to the judge that the defendant
may be addicted or by reason of repeated use of narcotics may be in
imminent danger of becoming addicted to narcotics the judge shall
suspend the execution of the sentence and order the district attorney
to file a petition for commitment of the defendant to the Director
of Corrections for confinement in the narcotic detention, treatment,
and rehabilitation facility unless, in the opinion of the judge, the
defendant's record and probation report indicate such a pattern of
criminality that he or she does not constitute a fit subject for
commitment under this section.
Upon the filing of the petition, the court shall order the
defendant to be examined by one physician. However, the examination
may be waived by a defendant if the defendant has been examined in
accordance with Section 1203.03 of the Penal Code and that
examination encompassed whether defendant is addicted or is in
imminent danger of addiction, and if the defendant is represented by
counsel and competent to understand the effect of the waiver. In
cases where a physician's report is waived by the defendant, the
Department of Corrections may perform an evaluation and provide a
report as to the defendant's addiction or imminent danger of
addiction. If the Department of Corrections determines that the
defendant is not addicted or in imminent danger of addiction, the
defendant shall be returned to the sentencing court for resentencing.
The examination may also be waived upon stipulation by the
defendant, his or her attorney, the prosecutor, and the court that
the defendant is addicted or is in imminent danger of addiction. If
a physician's report is prepared, at the request of the defendant,
the court shall order the defendant to be examined by a second
physician. At least one day before the time of the examination as
fixed by the court order, a copy of the petition and order for
examination shall be personally delivered to the defendant. A
written report of the examination by the physician or physicians
shall be delivered to the court, and if the report is to the effect
that the person is not addicted nor in imminent danger of addiction,
it shall so certify and return the defendant to the department of the
superior court that directed the filing of the petition for the
ordering of the execution of the sentence. The court may, unless
otherwise prohibited by law, modify the sentence or suspend the
imposition of the sentence. If the report is to the effect that the
defendant is addicted or is by reason of the repeated use of
narcotics in imminent danger of addiction, further proceedings shall
be conducted in compliance with Sections 3104, 3105, 3106, and 3107.
If, after a hearing, the judge finds that the defendant is a
narcotic addict, or is by reason of the repeated use of narcotics in
imminent danger of becoming addicted to narcotics, the judge shall
make an order committing the person to the custody of the Director of
Corrections for confinement in the facility until a time that he or
she is discharged pursuant to Article 5 (commencing with Section
3200), except as this chapter permits earlier discharge. If, upon
the hearing, the judge finds that the defendant is not a narcotic
addict and is not in imminent danger of becoming addicted to
narcotics, the judge shall so certify and return the defendant to the
department of the superior court that directed the filing of the
petition for the ordering of execution of sentence. The court may,
unless otherwise prohibited by law, modify the sentence or suspend
the imposition of the sentence.
If a person committed pursuant to this section is dissatisfied
with the order of commitment, he or she may, within 10 days after the
making of the order, file a written demand for a jury trial in
compliance with Section 3108.
A psychologist licensed pursuant to Chapter 6.6 (commencing with
Section 2900) of Division 2 of the Business and Professions Code may
perform the examination specified in this section and Section 3050.
This section does not expand the scope of practice of psychologists
as set forth in Section 2903 of the Business and Professions Code nor
does this section allow a psychologist to perform any activity that
would otherwise require a physician's and surgeon's license.
SEC. 477. Section 3200 of the Welfare and Institutions Code is
amended to read:
3200. (a) If at any time the Director of Corrections is of the
opinion that a person committed pursuant to Article 3 (commencing
with Section 3100) while in outpatient status has abstained from the
use of narcotics, other than as medically prescribed in a narcotic
treatment program pursuant to Section 3154, for at least six
consecutive months and has otherwise complied with the conditions of
his or her release, the director shall recommend to the Narcotic
Addict Evaluation Authority that the person be discharged from the
program. If the authority concurs in the opinion of the director, it
shall discharge the person from the program.
(b) If at any time the director is of the opinion that a person
committed for a period of 24 months, or less, pursuant to Article 2
(commencing with Section 3050) while in outpatient status has
abstained from the use of narcotics, other than as medically
prescribed in a narcotic treatment program pursuant to Section 3154,
for at least 12 consecutive months and has otherwise complied with
the conditions of his or her release, or if at any time the director
is of the opinion that a person committed for a period of more than
24 months pursuant to Article 2 (commencing with Section 3050) while
in outpatient status has abstained from the use of narcotics, other
than as medically prescribed in a narcotic treatment program pursuant
to Section 3154, for at least 16 consecutive months and has
otherwise complied with the conditions of his or her release, the
director shall so advise the Narcotic Addict Evaluation Authority.
If the authority concurs in the opinion of the director, it shall
file with the superior court of the county in which the person was
committed a certificate alleging those facts and recommending to the
court the discharge of the person from the program. The authority
shall serve a copy of the certificate upon the district attorney of
the county. Upon the filing of the certificate, the court shall
discharge the person from the program. The court may, unless
otherwise prohibited by law, modify the sentence, dismiss the
criminal charges of which the person was convicted, or suspend
further proceedings, as it deems warranted in the interests of
justice. Where the person was certified to the superior court
pursuant to Section 3050 the person shall be returned to the court
that certified the person, which may dismiss the original charges.
In any case where the criminal charges are not dismissed and the
person is sentenced thereon, time served in custody while under
commitment pursuant to Article 2 (commencing with Section 3050) shall
be credited on the sentence. The dismissal shall have the same
force and effect as a dismissal under Section 1203.4 of the Penal
Code, except the conviction is a prior conviction for purposes of
Division 10 (commencing with Section 11000) of the Health and Safety
Code.
SEC. 478. Section 11350.7 of the Welfare and Institutions Code is
amended to read:
11350.7. (a) Notwithstanding any other provision of law, if any
support obligor is delinquent in the payment of support for at least
30 days and the district attorney is enforcing the support obligation
pursuant to Section 11475.1, the district attorney may collect the
delinquency or enforce any lien by levy served on all persons having
in their possession, or who will have in their possession or under
their control, any credits or personal property belonging to the
delinquent support obligor, or who owe any debt to the obligor at the
time they receive the notice of levy.
(b) A levy may be issued by a district attorney for a support
obligation which accrued under a court order or judgment if the
obligor had notice of the accrued support arrearage as provided in
this section, and did not make a timely request for review.
(c) The notice requirement shall be satisfied by the district
attorney sending a statement of support arrearages to the obligor at
the obligor's last known address by first-class mail, postage
prepaid. The notice shall advise the obligor of the amount of the
support arrearage. The notice shall advise the obligor that the
obligor may have the arrearage determination reviewed by
administrative procedures and state how such a review may be
obtained. The notice shall also advise the obligor of his or her
right to seek a judicial determination of arrearages pursuant to
Section 11350.8 and shall include a form to be filed with the court
to request a judicial determination of arrearages. If the obligor
requests an administrative review of the arrearage determination
within 20 days from the date the notice was mailed to the obligor,
the district attorney shall review the assessment or determination
and shall not issue the levy for a disputed amount of support until
the administrative review procedure is completed.
(d) If the obligor requests a judicial determination of the
arrearages within 20 days from the date the notice was mailed to the
obligor, the district attorney shall not issue the levy for a
disputed amount of support until the judicial determination is
complete.
(e) Any person upon whom a levy has been served having in his or
her possession or under his or her control any credits or personal
property belonging to the delinquent support obligor or owing any
debts to the delinquent support obligor at the time of receipt of the
levy or coming into his or her possession or under his or her
control within one year of receipt of the notice of levy, shall
surrender the credits or personal property to the district attorney
or pay to the district attorney the amount of any debt owing the
delinquent support obligor within 10 days of service of the levy, and
shall surrender the credits or personal property, or the amount of
any debt owing to the delinquent support obligor coming into his or
her own possession or control within one year of receipt of the
notice of levy within 10 days of the date of coming into possession
or control of the credits or personal property or the amount of any
debt owing to the delinquent support obligor.
(f) Any person who surrenders any credits or personal property or
pays the debts owing the delinquent support obligor to the district
attorney pursuant to this section shall be discharged from any
obligation or liability to the delinquent support obligor to the
extent of the amount paid to the district attorney as a result of the
levy.
(g) If the levy is made on a deposit or credits or personal
property in the possession or under the control of a bank, savings
and loan association, or other financial institution as defined by
Section 669A(d)(1) of Title 42 of the United States Code, the notice
of levy may be delivered or mailed to a centralized location
designated by the bank, savings and loan association, or other
financial institution pursuant to Section 689.040 of the Code of
Civil Procedure.
(h) Any person who is served with a levy pursuant to this section
and who fails or refuses to surrender any credits or other personal
property or pay any debts owing to the delinquent support obligor
shall be liable in his or her own person or estate to the district
attorney in an amount equal to the value of the credits or other
personal property or in the amount of the levy, up to the amount
specified in the levy.
(i) If any amount required to be paid pursuant to a levy under
this section is not paid when due, the district attorney may issue a
warrant for enforcement of any lien and for the collection of any
amount required to be paid to the district attorney under this
section. The warrant shall be directed to any sheriff, marshal, or
the Department of the California Highway Patrol and shall have the
same force and effect as a writ of execution. The warrant shall be
levied and sale made pursuant to it in the manner and with the same
force and effect as a levy and sale pursuant to a writ of execution.
The district attorney may pay or advance to the levying officer the
same fees, commissions, and expenses for his or her services under
this section as are provided by law for similar services pursuant to
a writ of execution, except for those fees and expenses for which the
district attorney is exempt by law from paying. The district
attorney, and not the court, shall approve the fees for publication
in a newspaper.
(j) The fees, commissions, expenses, and the reasonable costs
associated with the sale of property levied upon by warrant or levy
pursuant to this section, including, but not limited to, appraisers'
fees, auctioneers' fees, and advertising fees are an obligation of
the support obligor and may be collected from the obligor by virtue
of the warrant or levy or in any other manner as though these items
were support payments delinquent for at least 30 days.
SEC. 479. Section 22 of the Protection District Act of 1903, as
added by Chapter 201 of the Statutes of 1895, is amended to read:
Sec. 22. When sufficient money is in such Protection District Fund
to pay for the property taken and damaged, according to the award of
damages made in the report adopted by the board of supervisors, as
provided in Section 17 hereof, the clerk of the board of supervisors
shall notify the owner, possessor, or occupant of any land or
improvement thereon to whom damages shall have been awarded, that
such award has been made, and the amount thereof, and that upon such
person filing a claim and tendering a conveyance of any property to
be taken, such claim will be allowed and such damages paid. Such
notice shall be given by depositing such notice in the post office at
the county seat of such county, postage prepaid, addressed to such
owner, possessor, or occupant, if the name be known. In case the
property is unoccupied, and the name of the owners is unknown, or in
case such unoccupied property is set down as belonging to unknown
owners for the reasons given in Section 14 hereof, such notice shall
be delivered to the sheriff, who shall serve the same by posting a
copy in a conspicuous place upon the property named in said notice,
and indorse a certificate of service upon the original notice, and
file the same with the clerk of the board of supervisors.
SEC. 480. Section 4 of the Drainage District Act of 1903, as added
by Chapter 238 of the Statutes of 1903, is amended to read:
Sec. 4. The right of appeal from the order to the superior court
of the county where the petition is heard, is hereby given to any
person interested, who is a party to the record; provided, that if
more than one appeal be taken they shall be consolidated and tried
together. Such appeal shall be taken within 10 days after the entry
of such order upon the minutes of the board of supervisors. The
appeal shall be taken and heard in the same manner as other appeals
to the appellate division of the superior court, except as herein
otherwise provided. Upon the appeal, the superior court may make and
enter its judgment affirming, modifying, or reversing the order
appealed from. Within 10 days thereafter, the superior court must
cause its remittitur to issue to the board of supervisors, and if
said order of the board of supervisors is modified or reversed, the
judgment of the superior court and its remittitur shall direct the
board of supervisors what order it shall enter. Such remittitur
shall be filed by the clerk of the board of supervisors, and at the
first regular meeting of the board thereafter, it shall cause to be
entered in its minutes the order as directed by the superior court.
The appeal herein provided for shall be heard and determined within
thirty days from the time of filing the notice of appeal.
SEC. 481. Sections 21.5 of this bill incorporates amendments to
Section 77 of the Code of Civil Procedure proposed by both this bill
and AB 1094. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 77 of the
Code of Civil Procedure, and (3) this bill is enacted after AB 1094,
in which case Section 77 of the Code of Civil Procedure, as amended
by Section 21 of this bill, shall remain operative only until the
operative date of AB 1094, at which time Section 21.5 of this bill
shall become operative.
SEC. 482. Sections 53.5 of this bill incorporates amendments to
Section 200 of the Code of Civil Procedure proposed by both this bill
and AB 1094. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 200 of the
Code of Civil Procedure, and (3) this bill is enacted after AB 1094,
in which case Section 200 of the Code of Civil Procedure, as amended
by Section 53 of this bill, shall remain operative only until the
operative date of AB 1094, at which time Section 53.5 of this bill
shall become operative.
SEC. 483. Sections 54.5 of this bill incorporates amendments to
Section 215 of the Code of Civil Procedure proposed by both this bill
and AB 2551. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends
Section 215 of the Code of Civil Procedure,
and (3) this bill is enacted after AB 2551, in which case Section
215 of the Code of Civil Procedure, as amended by Section 54 of this
bill, shall remain operative only until the operative date of AB
2551, at which time Section 54.5 of this bill shall become operative.
SEC. 484. Sections 62.5 of this bill incorporates amendments to
Section 395 of the Code of Civil Procedure proposed by both this bill
and AB 2134. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 395 of the
Code of Civil Procedure, and (3) this bill is enacted after AB 2134,
in which case Section 395 of the Code of Civil Procedure, as amended
by Section 62 of this bill, shall remain operative only until the
operative date of AB 2134, at which time Section 62.5 of this bill
shall become operative.
SEC. 485. Sections 83.5 of this bill incorporates amendments to
Section 631 of the Code of Civil Procedure proposed by both this bill
and AB 2551. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 631 of the
Code of Civil Procedure, and (3) this bill is enacted after AB 2551,
in which case Section 631 of the Code of Civil Procedure, as amended
by Section 83 of this bill, shall remain operative only until the
operative date of AB 2551, at which time Section 83.5 of this bill
shall become operative.
SEC. 486. Sections 143.5 of this bill incorporates amendments to
Section 1785 of the Financial Code proposed by both this bill and AB
2070. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 1785 of the
Financial Code, and (3) this bill is enacted after AB 2070, in which
case Section 1785 of the Financial Code, as amended by Section 143 of
this bill, shall remain operative only until the operative date of
AB 2070, at which time Section 143.5 of this bill shall become
operative.
SEC. 487. If SB 1439 is enacted and repeals Section 16154 of the
Financial Code, Section 16154 of the Financial Code as amended by
Section 147 of this bill shall be repealed on January 1, 1999.
SEC. 488. Section 183.5 of this bill incorporates amendments to
Section 12965 of the Government Code proposed by both this bill and
AB 310. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 12965 of the
Government Code, and (3) this bill is enacted after AB 310, in which
case Section 12965 of the Government Code, as amended by Section 183
of this bill, shall remain operative only until the operative date of
AB 310, at which time Section 183.5 of this bill shall become
operative.
SEC. 489. Section 201.5 of this bill incorporates amendments to
Section 26820.4 of the Government Code proposed by both this bill and
SB 1638. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 26820.4 of
the Government Code, and (3) this bill is enacted after SB 1638, in
which case Section 26820.4 of the Government Code, as amended by
Section 201 of this bill, shall remain operative only until the
operative date of SB 1638, at which time Section 201.5 of this bill
shall become operative.
SEC. 490. Section 203.5 of this bill incorporates amendments to
Section 26826 of the Government Code proposed by both this bill and
SB 1638. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 26826 of
the Government Code, and (3) this bill is enacted after SB 1638, in
which case Section 26826 of the Government Code, as amended by
Section 203 of this bill, shall remain operative only until the
operative date of SB 1638, at which time Section 203.5 of this bill
shall become operative.
SEC. 491. Section 227.5 of this bill incorporates amendments to
Section 68090.7 of the Government Code proposed by this bill, AB
1590, and SB 752. It shall only become operative if (1) both this
bill and either AB 1590 or SB 752, or all three bills, are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) the bills enacted all amend Section
68090.7 of the Government Code, and (3) this bill is enacted last, in
which case Section 68090.7 of the Government Code, as amended by
Section 227 of this bill, shall remain operative only until the
operative date of either AB 1590 or SB 752, whichever comes first, at
which time Section 227.5 of this bill shall become operative.
SEC. 492. Section 236.5 of this bill incorporates amendments to
Section 68152 of the Government Code proposed by both this bill and
AB 1094. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 68152 of
the Government Code, and (3) this bill is enacted after AB 1094, in
which case Section 68152 of the Government Code, as amended by
Section 236 of this bill, shall remain operative only until the
operative date of AB 1094, at which time Section 236.5 of this bill
shall become operative.
SEC. 493. Section 315.5 of this bill incorporates amendments to
Section 72055 of the Government Code proposed by both this bill and
SB 1638. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 72055 of
the Government Code, and (3) this bill is enacted after SB 1638, in
which case Section 72055 of the Government Code, as amended by
Section 315 of this bill, shall remain operative only until the
operative date of SB 1638, at which time Section 315.5 of this bill
shall become operative.
SEC. 494. Section 316.5 of this bill incorporates amendments to
Section 72056 of the Government Code proposed by both this bill and
SB 1638. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 72056 of
the Government Code, and (3) this bill is enacted after SB 1638, in
which case Section 72056 of the Government Code, as amended by
Section 316 of this bill, shall remain operative only until the
operative date of SB 1638, at which time Section 316.5 of this bill
shall become operative.
SEC. 495. Section 365.5 of this bill incorporates amendments to
Section 830.1 of the Penal Code proposed by both this bill and SB
1452. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 830.1 of the
Penal Code, and (3) this bill is enacted after SB 1452, in which case
Section 830.1 of the Penal Code, as amended by Section 365 of this
bill, shall remain operative only until the operative date of SB
1452, at which time Section 365.5 of this bill shall become
operative.
SEC. 496. Section 366.5 of this bill incorporates amendments to
Section 832.4 of the Penal Code proposed by both this bill and AB
1211. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 832.4 of the
Penal Code, and (3) this bill is enacted after AB 1211, in which case
Section 832.4 of the Penal Code, as amended by Section 366 of this
bill, shall remain operative only until the operative date of AB
1211, at which time Section 366.5 of this bill shall become
operative.
SEC. 497. Section 388.5 of this bill incorporates amendments to
Section 1050 of the Penal Code proposed by both this bill and AB
1754. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 1050 of the
Penal Code, and (3) this bill is enacted after AB 1754, in which case
Section 1050 of the Penal Code, as amended by Section 388 of this
bill, shall remain operative only until the operative date of AB
1754, at which time Section 388.5 of this bill shall become
operative.
SEC. 498. Section 393.3 of this bill incorporates amendments to
Section 1203.1 of the Penal Code proposed by both this bill and SB
1608. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, and AB 1927 is not
enacted, but this bill becomes operative first, (2) each bill amends
Section 1203.1 of the Penal Code, and (3) this bill is enacted after
SB 1608, in which case Section 1203.1 of the Penal Code, as amended
by Section 393 of this bill, shall remain operative only until the
operative date of SB 1608, at which time Section 393.3 of this bill
shall become operative, and Sections 393.4 and 393.5 of this act
shall not become operative.
SEC. 499. Section 393.4 of this bill incorporates amendments to
Section 1203.1 of the Penal Code proposed by both this bill and AB
1927. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, and SB 1608 is not
enacted, but this bill becomes operative first, (2) each bill amends
Section 1203.1 of the Penal Code, and (3) this bill is enacted after
AB 1927, in which case Section 1203.1 of the Penal Code, as amended
by Section 393 of this bill, shall remain operative only until the
operative date of AB 1927, at which time Section 393.4 of this bill
shall become operative, and Sections 393.3 and 393.5 of this act
shall not become operative.
SEC. 500. Section 393.5 of this bill incorporates amendments to
Section 1203.1 of the Penal Code proposed by this bill, SB 1608, and
AB 1927. It shall only become operative if (1) all three bills are
enacted and become effective on or before January 1, 1999, but this
bill becomes operative first, (2) each bill amends Section 12034.1 of
the Penal Code, and (3) this bill is enacted after SB 1608 and AB
1927, in which case Section 1203.1 of the Penal Code, as amended by
Section 393 of this bill, shall remain operative only until the
operative date of SB 1608 and AB 1927, at which time Section 393.5 of
this bill shall become operative, and Sections 393.3 and 393.4 shall
not become operative.
SEC. 501. Section 395.5 of this bill incorporates amendments to
Section 1214 of the Penal Code proposed by both this bill and SB
1768. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 1214 of the
Penal Code, and (3) this bill is enacted after SB 1768, in which case
Section 1214 of the Penal Code, as amended by Section 395 of this
bill, shall remain operative only until the operative date of SB
1768, at which time Section 395.5 of this bill shall become
operative.
SEC. 502. Section 399.5 of this bill incorporates amendments to
Section 1269b of the Penal Code proposed by this bill and SB 2168.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 1999, (2) each bill amends
Section 1269b of the Penal Code, and (3) this bill is enacted after
SB 2168, in which case Section 1269b of the Penal Code, as amended by
SB 2168, shall remain operative only until the operative date of
this bill, at which time Section 399.5 of this bill shall become
operative, and Section 399 of this bill shall not become operative.
SEC. 503. Section 405.5 of this bill incorporates amendments to
Section 1382 of the Penal Code proposed by both this bill and SB
1558. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 1382 of the
Penal Code, and (3) this bill is enacted after SB 1558, in which case
Section 1382 of the Penal Code, as amended by Section 405 of this
bill, shall remain operative only until the operative date of SB
1558, at which time Section 405.5 of this bill shall become
operative.
SEC. 504. Section 406.5 of this bill incorporates amendments to
Section 1424 of the Penal Code proposed by both this bill and AB
1858. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 1424 of the
Penal Code, and (3) this bill is enacted after AB 1858, in which case
Section 1424 of the Penal Code, as amended by Section 406 of this
bill, shall remain operative only until the operative date of AB
1858, at which time Section 406.5 of this bill shall become
operative.
SEC. 505. Section 424.5 of this bill incorporates amendments to
Section 1466 of the Penal Code proposed by both this bill and SB
1850. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 1466 of the
Penal Code, and (3) this bill is enacted after SB 1850, in which case
Section 1466 of the Penal Code, as amended by Section 424 of this
bill, shall remain operative only until the operative date of SB
1850, at which time Section 424.5 of this bill shall become
operative.
SEC. 506. Section 457.5 of this bill incorporates amendments to
Section 14607.5 of the Vehicle Code proposed by both this bill and SB
117. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 1999, but this bill
becomes operative first, (2) each bill amends Section 14607.5 of the
Vehicle Code, and (3) this bill is enacted after SB 117, in which
case Section 14607.5 of the Vehicle Code, as amended by Section 457
of this bill, shall remain operative only until the operative date of
SB 117, at which time Section 457.5 of this bill shall become
operative.
SEC. 507. Nothing in this act is intended to change the extent to
which court reporter services or electronic reporting may be used in
the courts. It is the intent of this act to provide for court
reporter services and electronic reporting in a county in which there
is no municipal court to the same extent as otherwise provided by
law in a county in which there is a municipal court.
SEC. 508.
SEC. 481. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
Senate Constitutional Amendment 4 of the 1995-96 Regular Session
of the Legislature, as approved by the voters, changes the appellate
jurisdiction of the courts and enables the municipal and superior
courts in a county to unify. It is necessary that implementing
measures be taken immediately so that an orderly transition of the
court system will occur.