Bill Text: CA AB2767 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Civil law: omnibus bill.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2010-08-27 - Chaptered by Secretary of State - Chapter 212, Statutes of 2010. [AB2767 Detail]

Download: California-2009-AB2767-Amended.html

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BILL NUMBER: AB 2767	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 15, 2010
	AMENDED IN ASSEMBLY  MAY 13, 2010
	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 20, 2010
	AMENDED IN ASSEMBLY  APRIL 7, 2010

INTRODUCED BY   Committee on Judiciary (Feuer (Chair), Brownley,
Evans, Jones, Lieu, and Monning)

                        FEBRUARY 25, 2010

   An act to amend Sections 703.150, 1085, and 1103 of the Code of
Civil Procedure, to amend Section 9213 of the Corporations Code,
  to amend Section 731 of the Evidence Code,   to
amend Section 7643 of the Family Code, to amend Sections 53647.5,
53679, 68084.1, 68092, and 71601 of, and to add Section 27473 to, the
Government Code, and to amend Section 13510 of the Penal Code,
relating to civil law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2767, as amended, Committee on Judiciary. Civil law: omnibus
bill.
   (1) Existing law requires the Judicial Council, on or before April
1, 2010, and at each 3-year interval ending on April 1 thereafter,
to submit to the Legislature the amount by which the dollar amounts
of the homestead exemptions may be increased based on the change in
the annual California Consumer Price Index for All Urban Consumers,
and to publish a list of the current dollar amounts of those
exemptions, as specified.
   This bill, instead, would require the Judicial Council to submit
to the Legislature the increased dollar amounts for the homestead
exemption commencing April 1, 2013.
   (2) Existing law provides for any court or inferior tribunal to
issue a writ of mandate or a writ of prohibition, as provided.
   This bill would correct cross-references within these provisions.
   (3) Existing law requires that, in a trial or hearing held
pursuant to provisions governing paternity, paper and records, other
than the final judgment, are subject to inspection, as provided,
including papers and records that are part of the permanent record.
   This bill would also allow for the copying of these papers.
   (4) Existing law provides for the deposit of moneys, including
bail, coming into possession of a judge or officer of a court and
deposited in a bank account by the court, as provided.
   This bill would make technical, nonsubstantive changes to these
provisions.
   (5) Existing law provides that any money in a court bank account
or in a court trust account in a county treasury that remains
unclaimed for 3 years shall become the property of the superior court
if, after published notice, the money is not claimed or no verified
complaint is filed and served. Existing law provides that if a claim
is filed and rejected, or no action is taken on it, the party who
submitted the claim may file a verified complaint seeking to recover
all, or a specified part, of the money.
   This bill would provide that money representing restitution
collected on behalf of victims that remains unclaimed for 3 years is
to be deposited in the State Restitution Fund or the county general
fund, as provided.
   (6) Existing law defines subordinate judicial officer as an
officer appointed to perform subordinate judicial duties, as
authorized, including, but not limited to, a court commissioner,
probate commissioner, referee, traffic referee, and juvenile referee.

   This bill would include child support commissioner and juvenile
hearing officer in the definition of subordinate judicial officer and
make other technical, nonsubstantive changes to these provisions.
   (7) Existing law provides for minimum standards relating to the
physical, mental, and moral fitness that governs the recruitment of
law enforcement officers, as provided.
   This bill would delete an obsolete reference in these provisions.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 703.150 of the Code of Civil Procedure is
amended to read:
   703.150.  (a) On April 1, 2004, and at each three-year interval
ending on April 1 thereafter, the dollar amounts of exemptions
provided in subdivision (b) of Section 703.140 in effect immediately
before that date shall be adjusted as provided in subdivision (d).
   (b) On April 1, 2007, and at each three-year interval ending on
April 1 thereafter, the dollar amounts of exemptions provided in
Article 3 (commencing with Section 704.010) in effect immediately
before that date shall be adjusted as provided in subdivision (d).
   (c) On April 1, 2013, and at each three-year interval ending on
April 1 thereafter, the Judicial Council shall submit to the
Legislature the amount by which the dollar amounts of exemptions
provided in subdivision (a) of Section 704.730 in effect immediately
before that date may be increased as provided in subdivision (d).
Those increases shall not take effect unless they are approved by the
Legislature.
   (d) The Judicial Council shall determine the amount of the
adjustment based on the change in the annual California Consumer
Price Index for All Urban Consumers, published by the Department of
Industrial Relations, Division of Labor Statistics, for the most
recent three-year period ending on December 31 preceding the
adjustment, with each adjusted amount rounded to the nearest
twenty-five dollars ($25).
   (e) Beginning April 1, 2004, the Judicial Council shall publish a
list of the current dollar amounts of exemptions provided in
subdivision (b) of Section 703.140 and in Article 3 (commencing with
Section 704.010), together with the date of the next scheduled
adjustment. In any year that the Legislature votes to increase the
exemptions provided in subdivision (a) of Section 704.730, the
Judicial Council shall publish a list of current dollar amounts of
exemptions.
   (f) Adjustments made under subdivision (a) do not apply with
respect to cases commenced before the date of the adjustment, subject
to any contrary rule applicable under the federal Bankruptcy Code.
The applicability of adjustments made under subdivisions (b) and (c)
is governed by Section 703.050.
  SEC. 2.  Section 1085 of the Code of Civil Procedure is amended to
read:
   1085.  (a) A writ of mandate may be issued by any 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 that 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 or
in a misdemeanor or infraction case. Where the appellate division
grants a writ of mandate directed to the superior court, the superior
court is an inferior tribunal for purposes of this chapter.
  SEC. 3.  Section 1103 of the Code of Civil Procedure is amended to
read:
   1103.  (a) A writ of prohibition may be issued by any court 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
or in a misdemeanor or infraction case. Where the appellate division
grants a writ of prohibition directed to the superior court, the
superior court is an inferior tribunal for purposes of this chapter.
  SEC. 4.  Section 9213 of the Corporations Code is amended to read:
   9213.  (a) A corporation shall have a chair of the board, who may
be given the title chair of the board, chairman of the board, or
chairwoman of the board, or a president or both, a secretary, a
treasurer or a chief financial officer and such other officers with
such titles and duties as shall be stated in the bylaws or determined
by the board and as may be necessary to enable it to sign
instruments. The president, or if there is no president, the chair of
the board, is the general manager and chief executive officer of the
corporation, unless otherwise provided in the articles or bylaws. If
there is no chief financial officer, the treasurer is the chief
financial officer of the corporation unless otherwise provided in the
articles or bylaws. Any number of offices may be held by the same
person unless the articles or bylaws provide otherwise, except that
the secretary, the treasurer, or the chief financial officer may not
serve concurrently as the president or chair of the board.
   (b) Except as otherwise provided by the articles or bylaws,
officers shall be chosen by the board and serve at the pleasure of
the board, subject to the rights, if any, of an officer under any
contract of employment. Any officer may resign at any time upon
written notice to the corporation without prejudice to the rights, if
any, of the corporation under any contract to which the officer is a
party. 
  SEC. 5.    Section 731 of the Evidence Code is
amended to read:
   731.  (a) (1) In all criminal actions and juvenile court
proceedings, the compensation fixed under Section 730 shall be a
charge against the county in which the action or proceeding is
pending and shall be paid out of the treasury of that county on order
of the court.
   (2) Notwithstanding paragraph (1), if the expert is appointed for
the court's needs, the compensation shall be a charge against the
court.
   (b) In any county in which the superior court so provides, the
compensation fixed under Section 730 for medical experts appointed
for the court's needs in civil actions shall be a charge against the
court. In any county in which the board of supervisors so provides,
the compensation fixed under Section 730 for medical experts
appointed in civil actions, for purposes other than the court's
needs, shall be a charge against and paid out of the treasury of that
county on order of the court.
   (c) Except as otherwise provided in this section, in all civil
actions, the compensation fixed under Section 730 shall, in the first
instance, be apportioned and charged to the several parties in a
proportion as the court may determine and may thereafter be taxed and
allowed in like manner as other costs. 
   SEC. 6.   SEC. 5.   Section 7643 of the
Family Code is amended to read:
   7643.  (a) Notwithstanding any other law concerning public
hearings and records, a hearing or trial held under this part may be
held in closed court without admittance of any person other than
those necessary to the action or proceeding. Except as provided in
subdivision (b), all papers and records, other than the final
judgment, pertaining to the action or proceeding, whether part of the
permanent record of the court or of a file in a public agency or
elsewhere, are subject to inspection and copying only in exceptional
cases upon an order of the court for good cause shown.
   (b) Papers and records pertaining to the action or proceeding that
are part of the permanent record of the court are subject to
inspection and copying by the parties to the action, their attorneys,
and by agents acting pursuant to written authorization from the
parties to the action or their attorneys. An attorney shall obtain
the consent of the party to the action prior to authorizing an agent
to inspect and copy the permanent record. An attorney shall also
state on the written authorization that he or she has obtained the
consent of the party to authorize an agent to inspect and copy the
permanent record.
   SEC. 7.   SEC. 6.   Section 27473 is
added to the Government Code, to read:
   27473.  In coroners' cases, interpreters' and translators' fees or
other compensation shall be paid from the county treasury upon
warrants drawn by the county auditor, when so ordered by the coroner.

   SEC. 8.   SEC. 7.   Section 53647.5 of
the Government Code is amended to read:
   53647.5.  Notwithstanding any other provision of law, interest
earned on any bail money deposited by a court in a bank account
pursuant to Section 1463.1 of the Penal Code and Section 53679 of
this code shall be allocated for the support of that court.
   SEC. 9.   SEC. 8.   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 shall, and money deposited as bail coming into the
possession of a judge or officer of a superior 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
superior 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 superior 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. That 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 superior 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 Article 5 (commencing with Section 29400) or Article 6
(commencing with Section 29430) of Chapter 2 of Division 3 of Title
3.
   SEC. 10.   SEC. 9.   Section 68084.1 of
the Government Code is amended to read:
   68084.1.  (a) Except as otherwise provided by law, any money,
excluding restitution to victims, that has been deposited with a
superior court, or that a superior court is holding in trust for the
lawful owner, in a court bank account or in a court trust account in
a county treasury, that remains unclaimed for three years shall
become the property of the superior court if, after published notice
pursuant to this section, the money is not claimed or no verified
complaint is filed and served. After published notice pursuant to
this section, if the money is not claimed or no verified complaint is
filed and served, money representing restitution collected on behalf
of victims that remains unclaimed for three years shall be deposited
either into the State Restitution Fund exclusively for the purposes
of providing victim services or into the general fund of a county
that administers a victim services program exclusively for the
provision of victim services.
   (b) At any time after the expiration of the three-year period
specified in subdivision (a), the executive officer of the superior
court may cause a notice to be published once a week for two
successive weeks in a newspaper of general circulation published in
the county in which the court is located. The notice shall state the
amount of money, the fund in which it is held, and that it is
proposed that the money will become the property of the court on a
designated date not less than 45 days nor more than 60 days after the
first publication of the notice.
   (c) Before or after publication, a party of interest may file a
claim with the court executive officer that shall include the
claimant's name, address, amount of claim, the grounds on which the
claim is founded, and any other information that may be required by
the court executive officer. The claim shall be filed before the
designated date on which unclaimed money becomes the property of the
court as provided under subdivision (b), and the executive officer
shall accept or reject that claim.
   (d) If the superior court executive officer rejects the claim, or
takes no action on the claim within 30 days after it is filed, the
party that submitted the claim may file a verified complaint seeking
to recover all, or a specified part, of the money in the court in the
county in which the notice is published. The copy of the complaint
and summons shall be served on the court executive officer. The court
executive officer shall withhold the release of the portion of
unclaimed money for which a court action has been filed as provided
in this section until the court renders a decision or the claim is
settled. Any portion of the unclaimed money not covered by the
verified complaint shall become the property of the court if no other
claim or verified complaint has been filed regarding it within the
time specified in this section. If the party that submitted the claim
does not file a verified complaint within 30 days after the date
that the court mailed notice that the claim was rejected or within 60
days after the claim was filed, the money shall become the property
of the court.
   (e) Notwithstanding subdivisions (c) and (d), the court executive
officer may release the unclaimed money to the depositor of the
unclaimed money, or the depositor's heir, beneficiary, or duly
appointed representative, if the depositor or the depositor's heir,
beneficiary, or duly appointed representative claims the money before
the date that the money becomes the property of the superior court,
upon submitting proof satisfactory to the court executive officer.
   (f) If no claim is filed under subdivision (c) and the time for
filing claims has expired, the money shall become the property of the
court. If a claim or claims are filed with respect to a portion of
the money, but not the remainder of the money, and the time for
filing claims under subdivision (c) has expired, the remainder of the
money shall become the property of the court.
   (g) Notwithstanding any other provision of this section, the
presiding judge may direct the transfer of any individual deposit of
twenty dollars ($20) or less, or any amount if the name of the
original depositor is unknown, that remains unclaimed for one year to
the Trial Court Operations Fund without the need for publication of
notice.
   (h) The court executive officer may delegate the responsibilities
provided in this section to appropriate superior court staff.
   (i) When any money deposited and held under this section becomes
the property of a superior court, the presiding judge shall transfer
it to the Trial Court Operations Fund.
   SEC. 11.   SEC. 10.   Section 68092 of
the Government Code is amended to read:
   68092.  Court interpreters' and translators' fees or other
compensation shall be paid:
   (a) In criminal cases, by the court.
   (b) In civil cases, by the litigants, in proportions as the court
may direct, to be taxed and collected as other costs.
   SEC. 12.   SEC. 11.   Section 71601 of
the Government Code is amended to read:
   71601.  For purposes of this chapter, the following definitions
shall apply:
   (a) "Appointment" means the offer to and acceptance by a person of
a position in the trial court in accordance with this chapter and
the trial court's personnel policies, procedures, and plans.
   (b) "Employee organization" means either of the following:
   (1) Any organization that includes trial court employees and has
as one of its primary purposes representing those employees in their
relations with that trial court.
   (2) Any organization that seeks to represent trial court employees
in their relations with that trial court.
   (c) "Hiring" means appointment as defined in subdivision (a).
   (d) "Mediation" means effort by an impartial third party to assist
in reconciling a dispute regarding wages, hours, and other terms and
conditions of employment between representatives of the trial court
and the recognized employee organization or recognized employee
organizations through interpretation, suggestion, and advice.
   (e) "Meet and confer in good faith" means that a trial court or
representatives as it may designate, and representatives of
recognized employee organizations, shall have the mutual obligation
personally to meet and confer promptly upon request by either party
and continue for a reasonable period of time in order to exchange
freely information, opinions, and proposals, and to endeavor to reach
agreement on matters within the scope of representation. The process
should include adequate time for the resolution of impasses where
specific procedures for resolution are contained in this chapter or
in a local rule, or when the procedures are utilized by mutual
consent.
   (f) "Personnel rules," "personnel policies, procedures, and plans,"
and "rules and regulations" mean policies, procedures, plans, rules,
or regulations adopted by a trial court or its designee pertaining
to conditions of employment of trial court employees, subject to meet
and confer in good faith.
   (g) "Promotion" means promotion within the trial court as defined
in the trial court's personnel policies, procedures, and plans,
subject to meet and confer in good faith.
   (h) "Recognized employee organization" means an employee
organization that has been formally acknowledged to represent trial
court employees by the county under Sections 3500 to 3510, inclusive,
prior to the implementation date of this chapter, or by the trial
court under former Rules 2201 to 2210, inclusive, of the California
Rules of Court, as those rules read on April 23, 1997, Sections 70210
to 70219, inclusive, or Article 3 (commencing with Section 71630).
   (i) "Subordinate judicial officer" means an officer appointed to
perform subordinate judicial duties as authorized by Section 22 of
Article VI of the California Constitution, including, but not limited
to, a court commissioner, probate commissioner, child support
commissioner, referee, traffic referee, juvenile court referee, and
juvenile hearing officer.
   (j) "Transfer" means transfer within the trial court as defined in
the trial court's personnel policies, procedures, and plans, subject
to meet and confer in good faith.
   (k) "Trial court" means a superior court.
   (  l  ) "Trial court employee" means a person who is both
of the following:
   (1) Paid from the trial court's budget, regardless of the funding
source. For the purpose of this paragraph, "trial court's budget"
means funds from which the presiding judge of a trial court, or his
or her designee, has authority to control, authorize, and direct
expenditures, including, but not limited to, local revenues, all
grant funds, and trial court operations funds.
   (2) Subject to the trial court's right to control the manner and
means of his or her work because of the trial court's authority to
hire, supervise, discipline, and terminate employment. For purposes
of this paragraph only, the "trial court" includes the judges of a
trial court or their appointees who are vested with or delegated the
authority to hire, supervise, discipline, and terminate.
   (m) A person is a "trial court employee" if and only if both
paragraphs (1) and (2) of subdivision (  l  ) are true
irrespective of job classification or whether the functions performed
by that person are identified in Rule 10.810 of the California Rules
of Court. "Trial court employee" includes those subordinate judicial
officers who satisfy paragraphs (1) and (2) of subdivision (  l
 ). The phrase "trial court employee" does not include temporary
employees hired through agencies, jurors, individuals hired by the
trial court pursuant to an independent contractor agreement,
individuals for whom the county or trial court reports income to the
Internal Revenue Service on a Form 1099 and does not withhold
employment taxes, sheriffs, temporary judges, and judges whether
elected or appointed. Any temporary employee, whether hired through
an agency or not, shall not be employed in the trial court for a
period exceeding 180 calendar days, except that for court reporters
in a county of the first class, a trial court and a recognized
employee organization may provide otherwise by mutual agreement in a
memorandum of understanding or other agreement.
   SEC. 13.   SEC. 12.   Section 13510 of
the Penal Code is amended to read:
   13510.  (a) For the purpose of raising the level of competence of
local law enforcement officers, the commission shall adopt, and may
from time to time amend, rules establishing minimum standards
relating to physical, mental, and moral fitness that shall govern the
recruitment of any city police officers, peace officer members of a
county sheriff's office, marshals or deputy marshals, peace officer
members of a county coroner's office notwithstanding Section 13526,
reserve officers, as defined in subdivision (a) of Section 830.6,
police officers of a district authorized by statute to maintain a
police department, peace officer members of a police department
operated by a joint powers agency established by Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the Government Code, regularly employed and paid inspectors and
investigators of a district attorney's office, as defined in Section
830.1, who conduct criminal investigations, peace officer members of
a district, safety police officers and park rangers of the County of
Los Angeles, as defined in subdivisions (a) and (b) of Section
830.31, or housing authority police departments.
   The commission also shall adopt, and may from time to time amend,
rules establishing minimum standards for training of city police
officers, peace officer members of county sheriff's offices, marshals
or deputy marshals, peace officer members of a county coroner's
office notwithstanding Section 13526, reserve officers, as defined in
subdivision (a) of Section 830.6, police officers of a district
authorized by statute to maintain a police department, peace officer
members of a police department operated by a joint powers agency
established by Article 1 (commencing with Section 6500) of Chapter 5
of Division 7 of Title 1 of the Government Code, regularly employed
and paid inspectors and investigators of a district attorney's
office, as defined in Section 830.1, who conduct criminal
investigations, peace officer members of a district, safety police
officers and park rangers of the County of Los Angeles, as defined in
subdivisions (a) and (b) of Section 830.31, and housing authority
police departments.
   These rules shall apply to those cities, counties, cities and
counties, and districts receiving state aid pursuant to this chapter
and shall be adopted and amended pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
   (b) The commission shall conduct research concerning job-related
educational standards and job-related selection standards to include
vision, hearing, physical ability, and emotional stability.
Job-related standards that are supported by this research shall be
adopted by the commission prior to January 1, 1985, and shall apply
to those peace officer classes identified in subdivision (a). The
commission shall consult with local entities during the conducting of
related research into job-related selection standards.
   (c) For the purpose of raising the level of competence of local
public safety dispatchers, the commission shall adopt, and may from
time to time amend, rules establishing minimum standards relating to
the recruitment and training of local public safety dispatchers
having a primary responsibility for providing dispatching services
for local law enforcement agencies described in subdivision (a),
which standards shall apply to those cities, counties, cities and
counties, and districts receiving state aid pursuant to this chapter.
These standards also shall apply to consolidated dispatch centers
operated by an independent public joint powers agency established
pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 of the Government Code when providing dispatch
services to the law enforcement personnel listed in subdivision (a).
Those rules shall be adopted and amended pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. As used in this section, "primary
responsibility" refers to the performance of law enforcement
dispatching duties for a minimum of 50 percent of the time worked
within a pay period.
   (d) Nothing in this section shall prohibit a local agency from
establishing selection and training standards that exceed the minimum
standards established by the commission.