AB 177

Bill Subjects

Abstract

(1) Existing law authorizes a presiding judge of a superior court to request that the Chairperson of the Judicial Council order the court to take certain actions when war, an act of terrorism, public unrest or calamity, epidemic, natural disaster, or other substantial risk to the health and welfare of court personnel or the public, or the danger thereof, threatens the orderly operation of the courts or makes court facilities unsafe, including, but not limited to, holding court sessions anywhere within the county, transferring civil cases to another county, or extending the time periods for bringing an action to trial, as specified. Existing law further authorizes the Chairperson of the Judicial Council to issue an order of their own accord authorizing multiple courts to implement some or all of that relief if the chairperson determines that emergency conditions threaten the orderly operation of superior court locations in more than one county, or render presence in, or access to, affected facilities unsafe. By executive order, the Governor authorized the Judicial Council or its Chairperson to take action, via emergency order or statewide rule, necessary to maintain the safe and orderly operation of the courts in response to the COVID-19 pandemic, as specified. This bill would, until January 31, 2022, provide the Judicial Council and its Chairperson with continuing emergency authority, as specified. The bill would require the Judicial Council to submit a report to the Legislature and the Governor by January 1, 2023, on the use of remote technology in civil actions by the trial courts, as specified. The bill would require the Judicial Council to convene a working group for the purpose of recommending a statewide framework for remote civil court proceedings that addresses equal and fair access to justice, as specified. The bill would require the Judicial Council to submit a report with the working group's recommendations to the Legislature and the Governor by January 1, 2023. (2) Existing law requires a fee for the transcription for an original ribbon or printed copy of a court transcript to be $0.85 for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original to be $0.15 for each 100 words. Existing law also requires a fee for the first copy to any court, party, or other person who does not simultaneously purchase the original to be $0.20 for each 100 words, and for each additional copy, purchased at the same time, to be $0.15 for each 100 words. This bill would increase those fees, as specified, including an increase to $1.13 for each 100 words of transcription for original ribbon or printed copy and $0.20 for each copy purchased at the same time by the court, party, or other person purchasing the original. The bill would specifically prohibit a trial court from unilaterally changing its practice and policy as to the number of words or folios on a typical transcript page. The bill would require the Judicial Council, on or before January 1, 2024, to report to the Legislature recommendations to increase uniformity in transcription rate expenditures in California. (3) Existing law authorizes a court reporter to charge an additional 50% for special daily service for transcription in civil cases. This bill would delete the reference to civil cases, resulting in an authorization for the reporter to charge an additional 50% for special daily service for transcription in all cases. (4) Existing law requires the Judicial Council to develop an online tool for adjudicating infraction violations, as specified. This bill would require that tool to allow a defendant, a designee of the defendant, or the defendant's attorney, to, upon certification, access the online tool. (5) Existing law imposes various fees contingent upon a criminal arrest, prosecution, or conviction for the cost of administering the criminal justice system, including lab fees, drug testing, and incarceration, among others. This bill would, on January 1, 2022, repeal the authority to collect many of these fees, among others. The bill would make the unpaid balance of many court-imposed costs unenforceable and uncollectible and would require any portion of a judgment imposing those costs to be vacated. (6) Existing law imposes, as specified, a $25 administrative screening fee to be collected from each person arrested and released on their own recognizance, and a $10 citation processing fee to be collected from each person cited and released by any peace officer in the field or at a jail facility, for any criminal offense other than an infraction. This bill would repeal the authority to collect this fee and would make any unpaid balance unenforceable and uncollectible and would require any portion of a judgment imposing this fee to be vacated. (7) This bill would appropriate $25,000,000 in the 2021–22 fiscal year, and $50,000,000 in the 2022–23 fiscal year and each year thereafter, from the General Fund to the Controller for allocation pursuant to a schedule provided by the Department of Finance to counties to backfill revenues lost from the repeal of fees in this bill, as provided, thereby making an appropriation. The bill would make other conforming changes. (8) This bill would incorporates additional changes to Section 1203.4a of the Penal Code proposed by AB 1281 to be operative only if this bill and AB 1281 are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 1203.9 of the Penal Code proposed by AB 898 to be operative only if this bill and AB 898 are enacted and this bill is enacted last. (9) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.