Bill Text: CA AB1119 | 2023-2024 | Regular Session | Amended
Bill Title: Enforcement of judgments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 562, Statutes of 2023. [AB1119 Detail]
Download: California-2023-AB1119-Amended.html
Amended
IN
Assembly
March 29, 2023 |
Introduced by Assembly Member Wicks |
February 15, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 708.110 of the Code of Civil Procedure is amended to read:708.110.
(a) The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgment.(e)
(f)If the order is for a judgment debtor to appear in a case designated as a limited civil case, the order shall contain the following statement in 14-point boldface type if printed or in capital letters if typed: “NOTICE TO JUDGMENT DEBTOR. If you fail to appear at the time and place specified in this order, the court may make an order requiring you to pay the reasonable attorney's fees incurred by the judgment creditor in this proceeding. If all of your income and assets are exempt from enforcement of judgment, as provided by law, you may
submit a financial affidavit in a form prescribed by the court and signed under penalty of perjury.”
SEC. 2.
Section 708.170 of the Code of Civil Procedure is amended to read:708.170.
(a) If an order requiring a person to appear for an examination under subdivision (f) of Section 708.110 was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to(3)A person shall not be imprisoned or jailed for failure to pay a debt arising in a limited civil case, nor shall any person be imprisoned or jailed for contempt of or failure to comply with a court order to pay a debt in a limited civil case.
(a)The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:
(1)Disorderly, contemptuous, or insolent behavior toward the judge while holding the court, tending to interrupt the due course of a trial or other judicial proceeding.
(2)A breach of the peace, boisterous conduct, or violent disturbance, tending to interrupt the due course of a trial or other judicial proceeding.
(3)Misbehavior in office, or other willful neglect or violation of duty by an attorney, counsel, clerk, sheriff, coroner, or other person, appointed or elected to perform a judicial or ministerial service.
(4)Abuse of the process or proceedings of the court, or falsely pretending to act under authority of an order or process of the court.
(5)Disobedience of any lawful judgment, order, or process of the court.
(6)Willful disobedience by a juror of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research.
(7)Rescuing any person or property in the custody of an officer by virtue of an order or process of that court.
(8)Unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is on the calendar for trial.
(9)Any other unlawful interference with the process or proceedings of a court.
(10)Disobedience of a subpoena duly served, or refusing to be sworn or answer as a witness.
(11)When summoned as a juror in a court, neglecting to attend or serve as a juror, or improperly conversing with a party to an action to be tried at the court, or with any other person, in relation to the merits of the action, or receiving a communication from a party or other person in respect to the action, without immediately disclosing the communication to the court.
(12)Disobedience by an inferior tribunal or judicial officer of the lawful judgment, order, or process of a superior court, or proceeding in an action or special proceeding contrary to law, after the action or special proceeding is removed from the jurisdiction of the inferior tribunal or judicial officer.
(b)A speech or publication reflecting upon or concerning a court or an officer thereof shall not be treated or punished as a contempt of the court unless made in the immediate presence of the court while in session and in such a manner as to actually interfere with its proceedings.
(c)Notwithstanding Section 1211 or any other law, if an order of contempt is made
affecting an attorney, the attorney’s agent, investigator, or any person acting under the attorney’s direction, in the preparation and conduct of an action or proceeding, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, the violation of which is the basis of the contempt, except for conduct proscribed by subdivision (b) of Section 6068 of the Business and Professions Code, relating to an attorney’s duty to maintain respect due to the courts and judicial officers.
(d)Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting a public safety employee acting within the scope of employment for reason of the employee’s failure to comply with a duly issued subpoena or subpoena duces tecum,
the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt.
As used in this subdivision, “public safety employee” includes any peace officer, firefighter, paramedic, or any other employee of a public law enforcement agency whose duty is either to maintain official records or to analyze or present evidence for investigative or prosecutorial purposes.
(e)Notwithstanding Section 1211 or any other law, if an order for contempt is made in a case designated as a limited civil case, no arrest warrant shall be issued.
(a)(1)As an alternative to issuing a warrant for contempt pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209, the court may issue a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or a person who failed to appear pursuant to a court order. The court, upon proof of the service of the subpoena or order, may issue a warrant to the sheriff of the county in which the witness or person may be located and the sheriff shall, upon payment of fees as provided in Section 26744.5 of the Government Code, arrest the witness or person and bring them before the court.
(2)Before issuing a warrant for a failure to appear pursuant to a subpoena pursuant to this section, the court shall issue a “failure to appear” notice informing the person subject to the subpoena that a failure to appear in response to the notice may result in the issuance of a warrant. This notice requirement may be omitted only upon a showing that the appearance of the person subject to the subpoena is material to the case and that urgency dictates the person’s immediate appearance.
(b)The warrant shall contain all of the following:
(1)The title and case number of the action.
(2)The name and physical description of the person to be arrested.
(3)The last known address of the person to be arrested.
(4)The date of issuance and county in which it is issued.
(5)The signature or name of the judicial officer issuing the warrant, the title of the judicial officer’s office, and the name of the court.
(6)A command to arrest the person for failing to appear pursuant to the subpoena or court order, and specifying the date of service of the subpoena or court order.
(7)A command to bring the person to be arrested before the issuing court, or the nearest court if in session, for the setting of bail in the amount of the warrant or to release on the person’s own recognizance. Any person so arrested shall be released from custody if the person cannot be brought before the court within 12 hours of arrest, and the person shall not be arrested if the court will not be in session during the 12-hour period following the arrest.
(8)A statement indicating the expiration date of the warrant as determined by the court.
(9)The amount of bail.
(10)An endorsement for nighttime service if good cause is shown, as provided in Section 840 of the Penal Code.
(11)A statement indicating whether the person may be released upon a promise to appear, as provided by Section 1993.1. The court shall permit release upon a promise to appear, unless it makes a written finding that the urgency and materiality of the person’s appearance in court precludes use of the promise to appear process.
(12)The date and time to appear in court if arrested and released pursuant to paragraph (11).
(c)A warrant for arrest shall not issue if a defendant in a limited civil case fails to appear for an examination ordered pursuant to Section 708.110.