AB 110

Bill Subjects

Abstract

(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 Existing law provides that these provisions will become inoperative on July 1, 2013, and are repealed on January 1, 2014.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 The bill would provide that the above-described provisions become inoperative on July 1, 2015, and are repealed on January 1, 2016.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.