BILL NUMBER: AB 110 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 11, 2011
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN SENATE MARCH 14, 2011
INTRODUCED BY Assembly Member Blumenfield
JANUARY 10, 2011
An act making appropriations for the support of the
government of the State of California and for several public purposes
in accordance with the provisions of Section 12 of Article IV of the
Constitution of the State of California, to take effect immediately,
Budget Bill. An act to amend Sections 68526, 68926,
68926.3, 68927, and 70602.5 of the Government Code, and to amend
Section 1203.01 of the Penal Code, relating to courts, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 110, as amended, Blumenfield. 2011-12 Budget.
Courts.
This bill would make appropriations for support of state
government for the 2011-12 fiscal year.
This bill would declare that it is to take effect immediately as a
Budget Bill.
(1) Existing law requires the Judicial Council to conduct an
analysis of the cost incurred by trial courts related to the default
prove up process and to report on the different methods trial courts
use in processing filings related to the default prove up process, as
well as the revenue generated by these filings. Existing law
requires the report to be provided to the Assembly Committee on
Budget, the Senate Committee on Budget and Fiscal Review, and the
Legislative Analyst's Office by September 30, 2011. Existing law
requires the Legislative Analyst's Office to provide the Assembly
Committee on Budget and the Senate Committee on Budget and Fiscal
Review its recommendations pertaining to the report no later than
June 30, 2012. Existing law provides that these provisions will
become inoperative on July 1, 2013, and are repealed on January 1,
2014.
This bill would require the report to be provided no later than
September 30, 2013, and the recommendations to be provided no later
than June 30, 2014. The bill would provide that the above-described
provisions become inoperative on July 1, 2015, and are repealed on
January 1, 2016.
(2) Existing law provides that if the amount of the General Fund
transfer to the Trial Court Trust Fund is decreased in excess of 10%
from the amount appropriated in the 2010-11 fiscal year and is not
offset by another source of noncourt fee revenue, then the amount of
certain supplemental fees for filing first paper for specified civil
matters shall be decreased proportionally, and that the Judicial
Council shall adopt and publish a schedule setting the fees resulting
from the decrease.
This bill would repeal those provisions.
(3) Existing law establishes fees for filing a notice of appeal in
a civil case appealed to a court of appeal, for filing a petition
for a writ within the original civil jurisdiction of the Supreme
Court, and for filing a petition for a writ within the original civil
jurisdiction of a court of appeal. Existing law also establishes the
fee for filing a petition for review in a civil case in the Supreme
Court after a decision in a court of appeal.
This bill would establish a fee of $325 for a party other than
appellant filing its first document in a civil case appealed to a
court of appeal, for a party other than petitioner filing its first
document in a writ proceeding within the original jurisdiction of the
Supreme Court, or for a party other than petitioner filing its first
document in a writ proceeding within the original jurisdiction of a
court of appeal. This bill would also establish a fee of $325 for a
party other than petitioner filing its first document in a civil case
in the Supreme Court after a decision in a court of appeal.
(4) Existing law provides that within 60 days after judgment has
been pronounced, the clerk of the court shall mail a copy of the
charging documents, the transcript of the proceedings at the time of
the defendant's guilty plea, if the defendant pleaded guilty, and the
transcript of the proceedings at the time of sentencing, with
postage prepaid, to the prison or other institution to which the
person convicted is delivered.
This bill would limit the above provisions to cases in which the
judgment imposed includes a sentence of death or an indeterminate
term with or without the possibility of parole, and additionally
require the clerk of the court to include a copy of any waiver or
plea forms. The bill would provide similar provisions without the
60-day requirement for all other cases, except that a transcript of
the proceedings would be included only upon written request by the
Department of Corrections and Rehabilitation, or by an inmate, or by
his or her counsel, for specified purposes, including an appeal.
The bill would also make an appropriation of $1,000 to the
Administrative Office of the Courts, for support of trial court
operations, payable from the Trial Court Trust Fund.
This bill would declare that it is to take effect immediately as a
bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68526 of the
Government Code is amended to read:
68526. (a) The Judicial Council shall conduct an analysis of the
cost incurred by trial courts related to the default prove up process
and report on the different methods trial courts use in processing
filings related to the default prove up process, as well as the
revenue generated by these filings. The Judicial Council shall also
compare the processes used by trial courts in filings related to the
default prove up process to best practices used in other states,
including, but not limited to, the use of electronic filing.
(b) The Legislative Analyst's Office shall review the Judicial
Council report, consult with stakeholders, consider the best
practices of other states, and make any recommendations to increase
efficiency, streamline the processes and turnaround times for filing
documents related to the default prove up process, and assess whether
any changes should be made to the fee structure for filings related
to the process. In conducting its analysis, the Legislative Analyst's
Office shall consider, among other factors it deems relevant,
whether electronic filing could be implemented as a tool to improve
the efficiency and turnaround times of the default prove up process.
(c) The Judicial Council shall provide its report to the Assembly
Committee on Budget, the Senate Committee on Budget and Fiscal
Review, and the Legislative Analyst's Office by September 30,
2011 2013 . The Legislative Analyst's
Office shall provide the Assembly Committee on Budget and the Senate
Committee on Budget and Fiscal Review its recommendations no later
than June 30, 2012 2014 .
(d) For the purposes of this section, the following definitions
apply:
(1) "Collections case" means an action for recovery of money owed
in a sum stated to be certain that is not more than twenty-five
thousand dollars ($25,000), exclusive of interest and attorney's
fees, arising from a transaction in which property, services, or
money were acquired on credit. "Collections case" does not include an
action seeking tort damages, punitive damages, recovery of real
property or personal property, a prejudgment writ of attachment, or
any action filed pursuant to the Family Code.
(2) "Default prove up process" means a request for entry of
default filed pursuant to Section 585 of the Code of Civil Procedure
in a collections case.
(e) This section shall become inoperative on July 1, 2013
2015 , and, as of January 1, 2014
2016 , is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2014
2016 , deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 2. Section 68926 of the Government
Code is amended to read:
68926. (a) (1) The
fee for filing a notice of appeal in a civil case appealed to a court
of appeal is four hundred eighty-five dollars ($485). The
(2) The fee for filing a petition
for a writ within the original civil jurisdiction of the Supreme
Court is four hundred twenty dollars ($420). The
(3) The fee for filing a petition
for a writ within the original civil jurisdiction of a court of
appeal is four hundred eighty-five dollars ($485). These
(b) (1) The fee for a party other than appellant filing its first
document in a civil case appealed to a court of appeal is three
hundred twenty-five dollars ($325).
(2) The fee for a party other than petitioner filing its first
document in a writ proceeding within the original jurisdiction of the
Supreme Court is three hundred twenty-five dollars ($325).
(3) The fee for a party other than petitioner filing its first
document in a writ proceeding within the original jurisdiction of a
court of appeal is three hundred twenty-five dollars ($325).
(c) These fees are in full, for
all services, through the rendering of the judgment or the issuing of
the remittitur or peremptory writ, except the fees imposed by
subdivision (b) of Section 68926.1 and Section 68927. The Judicial
Council may make rules governing the time and method of payment of
these fees, and providing for excuse therefrom in appropriate cases.
A fee may not be charged in appeals from, nor petitions for writs
involving, juvenile cases or proceedings to declare a minor free from
parental custody or control, or proceedings under the
Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code).
SEC. 3. Section 68926.3 of the
Government Code is amended to read:
68926.3. (a) Notwithstanding any other provision of law,
sixty-five dollars ($65) of each fee collected in a civil case by the
clerk of each court of appeal pursuant to subdivision (a) of
Section 68926 shall be paid into the State Treasury for deposit
in a special account in the General Fund to be known as the
California State Law Library Special Account, which account is hereby
established.
(b) Moneys deposited in the California State Law Library Special
Account shall be available for the support of the California State
Law Library upon appropriation thereto by the Legislature in the
annual Budget Act.
(c) This section shall remain in effect only until January 1,
2015, and as of that date, is repealed, unless a later statute that
is enacted before that date extends or repeals that date.
SEC. 4. Section 68927 of the Government
Code is amended to read:
68927. The fee for filing a petition for review in a civil case
in the Supreme Court after a decision in a court of appeal is four
hundred twenty dollars ($420). The fee for a party other than
petitioner filing its first document in a civil case in the Supreme
Court after a decision in a court of appeal is three hundred
twenty-five dollars ($325) . A fee may not be
charged for petitions for review from decisions in juvenile cases or
proceedings to declare a minor free from parental custody or control
or proceedings under the Lanterman-Petris-Short Act (Part 1
(commencing with Section 5000) of Division 5 of the Welfare and
Institutions Code).
SEC. 5. Section 70602.5 of the
Government Code is amended to read:
70602.5. (a) Notwithstanding any other law, due to the severity
of the continuing economic crisis facing the State of California, it
is the intent of the Legislature to supplement, until July 1, 2013,
certain first paper filing fees as provided below:
(1) A supplemental fee of forty dollars ($40) shall be collected
for filing any first paper subject to the uniform fee that is set at
three hundred fifty-five dollars ($355) under Sections 70611, 70612,
70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee
collected under these sections, which includes the supplemental fee,
shall be deposited and distributed as provided in Sections 68085.3
and 68086.1, as applicable.
(2) A supplemental fee of forty dollars ($40) shall be collected
for filing any first paper subject to the uniform fee that is set at
three hundred thirty dollars ($330) under Sections 70613, 70614, and
70621. The total fee collected under these sections, which includes
the supplemental fee, shall be deposited and distributed as provided
in Sections 68085.4 and 68086.1, as applicable.
(3) A supplemental fee of twenty dollars ($20) shall be collected
for filing any first paper subject to the uniform fee that is set at
two hundred five dollars ($205) under Sections 70613, 70614, 70621,
70654, and 70656 of this code, and Section 103470 of the Health and
Safety Code. The total fee collected under these sections, which
includes the supplemental fee, shall be deposited and distributed as
provided in Section 68085.4.
(b) If the amount of the General Fund transfer to the Trial Court
Trust Fund is decreased in excess of 10 percent from the amount
appropriated in the 2010-11 fiscal year and is not offset by another
source of noncourt fee revenue, then the amount of the supplemental
fees provided in paragraphs (1), (2), and (3) of subdivision (a)
shall be decreased proportionally. The Judicial Council shall adopt
and publish a schedule setting the fees resulting from the decrease.
(c)
(b) This section shall become inoperative on July 1,
2013, and, as of January 1, 2014, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2014,
deletes or extends the dates on which it becomes inoperative and is
repealed.
SEC. 6. Section 1203.01 of the Penal
Code is amended to read:
1203.01. (a) Immediately after judgment has
been pronounced, the judge and the district attorney, respectively,
may cause to be filed with the clerk of the court a brief statement
of their views respecting the person convicted or sentenced and the
crime committed, together with any reports the probation officer may
have filed relative to the prisoner. The judge and district attorney
shall cause those statements to be filed if no probation officer's
report has been filed. The attorney for the defendant and the law
enforcement agency that investigated the case may likewise file with
the clerk of the court statements of their views respecting the
defendant and the crime of which he or she was convicted. Immediately
after the filing of those statements and reports, the clerk of the
court shall mail a copy thereof, certified by that clerk, with
postage prepaid, addressed to the Department of Corrections and
Rehabilitation at the prison or other institution to which the
person convicted is delivered. Within 60 days after judgment
has been pronounced, the clerk shall mail a copy of the charging
documents, the transcript of the proceedings at the time of the
defendant's guilty plea, if the defendant pleaded guilty, and the
transcript of the proceedings at the time of sentencing, with postage
prepaid, to the prison or other institution to which the person
convicted is delivered. The clerk shall also mail a copy of
any statement submitted by the court, district attorney, or law
enforcement agency, pursuant to this section, with postage prepaid,
addressed to the attorney for the defendant, if any, and to the
defendant, in care of the Department of Corrections and
Rehabilitation , and a copy of any statement submitted by the
attorney for the defendant, with postage prepaid, shall be mailed to
the district attorney.
(b) (1) In all cases in which the judgment imposed includes a
sentence of death or an indeterminate term with or without the
possibility of parole, the clerk shall, within 60 days after judgment
has been pronounced, mail with postage prepaid, to the prison or
other institution to which the person convicted is delivered, a copy
of the charging documents, a copy of waiver and plea forms, if any,
the transcript of the proceedings at the time of the defendant's
guilty or nolo contendere plea, if the defendant pleaded guilty or
nolo contendere, and the transcript of the proceedings at the time of
sentencing.
(2) In all other cases not described in paragraph (1), the clerk
shall mail with postage prepaid, to the prison or other institution
to which the person convicted is delivered, a copy of the charging
documents, a copy of the waiver and plea forms, if any, and upon
written request by the Department of Corrections and Rehabilitation
or by an inmate, or by his or her counsel, for, among other purposes
on a particular case, appeals, review of custody credits and release
dates, and restitution orders, the transcript of the proceedings at
the time of the defendant's guilty or nolo contendere plea, if the
defendant pleaded guilty or nolo contendere, and the transcript of
the proceedings at the time of sentencing.
SEC. 7. An appropriation of one thousand dollars
($1,000) is provided to the Administrative Office of the Courts, for
the support of trial court operations, payable from the Trial Court
Trust Fund.
SEC. 8. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, June 28, 2011. (JR11)