Bill Text: CA AB1984 | 2019-2020 | Regular Session | Chaptered
Bill Title: Courts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-28 - Chaptered by Secretary of State - Chapter 210, Statutes of 2020. [AB1984 Detail]
Download: California-2019-AB1984-Chaptered.html
Assembly Bill
No. 1984
CHAPTER 210
An act to amend Section 216 of the Code of Civil Procedure, to amend Section 14502 of the Corporations Code, to amend Sections 14672.5, 25351.3, 25560.4, 26625.3, 26625.6, 26625.9, 26639.2, 69504, 72116, 74820.1, 76000, 76223, 77201.3, and 77655 of, to amend the heading of Article 1.2 (commencing with Section 26625) of Chapter 2 of Part 3 of Division 2 of Title 3 of, to amend the heading of Article 32.3 (commencing with Section 74820) of Chapter 10 of Title 8 of, to amend and repeal Section 70624 of, to repeal Sections 6520, 24261, 26625, 26625.5, 26625.8, 26639, 26639.3, 68073.5, 70394, 71002, 71383, 73750, 73756, 73956, 76225, 77650, 77651, 77652, 77653, and 77654 of, to repeal Article 1.75 (commencing with Section 26638.15) of Chapter 2 of Part 3 of Division 2 of Title 3 of, to repeal Article 1 (commencing with Section 73301),
Article 3 (commencing with Section 73390), Article 7 (commencing with Section 73560), Article 9.5
(commencing with Section 73660), Article 10.5 (commencing with Section 73698), Article 11.5 (commencing with Section 73730), Article 12 (commencing with Section 73770), Article 12.2 (commencing with Section 73783.1), Article 12.3 (commencing with Section 73784), Article 12.5 (commencing with Section 73790), Article 27 (commencing with Section 74602), Article 28 (commencing with Section 74640), Article 29.6 (commencing with Section 74720), Article 30.1 (commencing with Section 74760), Article 35.5 (commencing with Section 74915), Article 37 (commencing with Section 74934), Article 38 (commencing with Section 74948), Article 39 (commencing with Section 74960) of Chapter 10 of Title 8 of, and Article 1 (commencing with Section 77600) of Chapter 14 of Title 8 of, and to repeal and add the heading of Article 1.8 (commencing with Section 26639) of Chapter 2 of Part 3 of Division 2 of Title 3 of,
and the heading of Chapter 10 (commencing with Section 73301) of Title 8 of, the Government Code, and to repeal Section 25254 of the Vehicle Code, relating to courts.
[
Approved by
Governor
September 28, 2020.
Filed with
Secretary of State
September 28, 2020.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 1984, Maienschein.
Courts.
(1) The California Constitution provides for the abolition of municipal courts and their unification within the superior courts, as specified.
This bill would conform various statutory provisions of law to the abolition of municipal courts and their unification within the superior courts, including, among others, repealing provisions relating to the responsibilities of a county board of supervisors for court facilities and operation. The bill would also make related statutory changes with respect to the operations of the superior courts, including, among others, responsibilities for court security for the superior courts, the duties of the Judicial Council to establish a task force on county law libraries, and provisions related to specific county courts.
(2) Existing law authorizes the Board of Supervisors of San Bernardino County to impose a surcharge on specified filings in superior court to fund certain San Bernardino courthouse expenditures.
This bill will repeal this authorization on January 1, 2026.
(3) Existing law establishes the Task Force on Court Facilities and requires the Judicial Council, the Department of General Services, the Department of Finance, and the Legislative Analyst to provide specific support for the task force. Existing law required the task force, among other things, to submit a final report to the Judicial Council, the Legislature, and the Governor on or before July 1, 2001, relating to trial and appellate court facilities and the effects of trial court consolidation. Existing law prohibits the findings of the task force from being considered evidence in any action to compel a county to provide facilities that
the trial court contends are necessary and suitable.
This bill repeals the establishment of the Task Force on Court Facilities but maintains the prohibition relating to the findings of the task force.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 216 of the Code of Civil Procedure is amended to read:216.
(a) At each court facility where jury cases are heard, the court shall provide a deliberation room or rooms for use of jurors when they have retired for deliberation. The deliberation rooms shall be designed to minimize unwarranted intrusions by other persons in the court facility, shall have suitable furnishings, equipment, and supplies, and shall also have restroom accommodations for male and female jurors.(b) Unless authorized by the jury commissioner, jury assembly facilities shall be restricted to use by jurors and jury commissioner staff.
SEC. 2.
Section 14502 of the Corporations Code is amended to read:14502.
(a) (1) (A) (i) On and after July 1, 1996, no entity, other than a humane society or society for the prevention of cruelty to animals, shall be eligible to petition for confirmation of an appointment of any individual as a humane officer, the duty of which shall be the enforcement of the laws for the prevention of cruelty to animals.(ii) On and after July 1, 1996, only a person who meets the requirements of this section may be appointed as, or perform the duties of, a humane officer.
(iii) Any person appointed as a humane officer before July 1, 1996, may
continue to serve as a humane officer until the expiration of the term of appointment only if the appointing society maintains records pursuant to subparagraph (B) documenting that both the appointing society and the humane officer meet the requirements of this section.
(B) Each humane society or society for the prevention of cruelty to animals for which an individual is acting as a humane officer shall maintain complete and accurate records documenting that the individual has successfully completed all requirements established in this section and shall make those records available, upon request, to the superior court, the Attorney General, or any entity duly authorized to review that information, including the California Animal Welfare Association. The records shall include the full name and address of each humane officer.
(2) The humane society or society for the prevention of cruelty to animals shall possess insurance of at least one million dollars
($1,000,000) for liability for bodily injury or property damage.
(3) Each appointment of a humane officer shall be by separate resolution by the board of directors or trustees of the humane society or society for the prevention of cruelty to animals duly entered in its minutes. The resolution shall state the full name and address of the principal office of the appointing society, the full name of the person so appointed, the fact that the person so appointed is a citizen of the State of California, that the person so appointed has met the training requirements set forth in subdivision (h), and whether the person so appointed is authorized to carry a weapon pursuant to this section. The resolution shall also designate the number of the badge to be allotted to the officer, and the date on which the term of office shall expire.
(b) A humane society or a society for the prevention of cruelty to animals seeking confirmation of a humane officer’s appointment shall comply with each of the following provisions:
(1) Before filing a Petition for Order Confirming Appointment of a Humane Officer under paragraph (3), the humane society or society for the prevention of cruelty to animals shall submit to the Department of Justice fingerprint images and related information of all humane officer applicants for purposes of obtaining information as to the existence and content of a record of state and federal convictions and state and federal arrests and also information as to the existence and content of a record of state and federal arrests for which the Department of Justice establishes that the person is free on bail
or on their own recognizance pending trial or appeal.
(A) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a fitness determination regarding the humane officer applicants to the humane society or society for the prevention of cruelty to animals.
(B) The Department of Justice shall provide a state response to the humane society or society for the prevention of cruelty to animals pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code.
(C) The humane society or society for the prevention of cruelty to animals shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons whose appointments are confirmed as described in subdivision (c).
(D) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this paragraph.
(2) When filing a Petition for Order Confirming Appointment of a Humane Officer under paragraph (3), the humane society or society for the prevention of cruelty to animals shall serve a copy of the petition on each of the following:
(A) The police department having jurisdiction in the city in which
the principal office of the appointing society is located.
(B) The sheriff’s department having jurisdiction in the county in which the principal office of the appointing society is located.
(C) The Department of the California Highway Patrol.
(D) The California Animal Welfare Association.
(E) The animal control agency having jurisdiction in the city in which the principal office of the appointing society is located. If the sheriff’s department or police department entitled to notice under subparagraph (A) or (B) provides animal control services for the city in which the principal office of the appointing society is located, no separate notice is required under this
subparagraph.
(F) The Department of Justice.
(3) The humane society or society for the prevention of cruelty to animals shall file with the superior court in and for the county or city and county in which the principal office of the humane society is located a Petition for Order Confirming Appointment of a Humane Officer, and shall attach to the petition all of the following:
(A) A copy of the resolution appointing the person, duly certified to be correct by the president and secretary of the society and attested by its seal.
(B) A copy of the criminal record offender information, if any, obtained regarding the person pursuant to paragraph (1).
(C) Proof of the society’s proper incorporation in compliance with Part 9 (commencing with Section 10400) of Division 2, including the date the articles of incorporation were filed with the Secretary of State.
(D) A copy of the society’s liability insurance policy for bodily injury or property damage in the amount of at least one million dollars ($1,000,000).
(E) Documentation establishing that the appointee has satisfactorily completed the training requirements set forth in this section.
(F) Documentation establishing that the society has a written agreement with another entity, such as a public or private animal shelter or licensed veterinary clinic, that (i)
provides for the humane care and treatment of any animals seized by the society, (ii) is capable of preserving evidence that may be used to prosecute an animal cruelty case, and (iii) is compliant with all applicable federal, state, and local laws, including licensing laws. Alternatively, the society may provide documentation that it is operating its own animal shelter that meets the requirements of clauses (i), (ii), and (iii).
(G) If the society has not previously appointed a humane officer:
(i) An affidavit signed under penalty of perjury from the president of the society that demonstrates the society’s competence to appoint a humane officer by providing information, including, but not limited to, the following:
(I) Partnerships or collaborations, if any, with other nonprofit or community agencies.
(II) Cash reserve on hand, if any, to pay for veterinary expenses, housing, food, and care of seized animals.
(III) Established donor base, if any.
(IV) Current or prior law enforcement, legal, or other relevant experience, if any, of persons who will supervise the appointee.
(V) Current or prior experience of managers, if any, in operating a society or other nonprofit organization.
(VI) Statement that each board member is in good standing in the community and has not been convicted of a misdemeanor or felony
involving animals.
(VII) Ongoing training beyond the minimum required for appointment of the humane officer, if any.
(VIII) The need for a humane officer in the society’s county.
(IX) Any other documentation demonstrating compliance with applicable federal, state, or local laws.
(ii) Affidavits, if any, from personnel of local animal control agencies, law enforcement agencies, or other societies pertaining to the appointee’s fitness to act as a humane officer.
(H) As the last page, proof of service of a copy of the petition upon those parties required to be served.
(4) Any party described in paragraph (2) may file an opposition to the petition described in paragraph (3). All papers filed in opposition to the petition and in reply to the opposition shall conform to law and motion pleading requirements, pursuant to Rule 3.1113(d) of the California Rules of Court. An opposition shall not exceed 15 pages and a reply shall not exceed 10 pages, excluding exhibits and declarations. The opposition shall be limited to the competency of the society to appoint and supervise a humane officer and the qualifications, background, and fitness of the appointee that are specific to the work of a humane officer.
(A) Any opposition shall be filed no later than 15 court days after the petition is filed with the court. Any opposition shall be served on all parties indicated on the proof of service attached to the
petition.
(B) The petitioner’s reply, if any, to the opposition shall be filed within 10 court days after service of the opposition. The reply shall be served on all parties listed in the proof of service attached to the petition and to any other person who has filed an opposition.
(C) The court shall rule on the petition without a hearing unless the court notifies the parties of an intention to hold a hearing.
(D) The petitioner shall serve a certified copy of the court’s order ruling on the petition on all parties listed in the proof of service attached to the petition and to any other person or entity who has filed an opposition.
(c) (1) Upon
receipt of the Petition for Order Confirming Appointment of a Humane Officer, the court shall first determine the society’s date of incorporation, and the length of time between the date the society filed its articles of incorporation with the Secretary of State and the date it filed the petition described in paragraph (3) of subdivision (b) with the court. If the society was incorporated on or after January 1, 2011, the following shall apply:
(A) For a petition to confirm appointment of a level 1 humane officer, the court shall issue an order denying confirmation of the appointment if a minimum of five years has not elapsed from the date the society filed its articles of incorporation with the Secretary of State to the date it filed the petition.
(B) For a petition to confirm
appointment of a level 2 humane officer, the court shall issue an order denying confirmation of the appointment if a minimum of one year has not elapsed from the date the society filed its articles of incorporation with the Secretary of State to the date it filed the petition.
(C) For a petition to confirm appointment of either a level 1 or level 2 humane officer, the court shall issue an order denying confirmation of the appointment if the society has not established, through submission of appropriate documentation, that the society is either operating its own animal shelter or has a written agreement with another entity, in compliance with subparagraph (F) of paragraph (3) of subdivision (b).
(2) If the court has not issued an order denying the petition pursuant to paragraph
(1), the court shall review the matter of the appointee’s qualifications and fitness to act as a humane officer. The court shall also consider any documentation it has received in support of, or in opposition to, the confirmation of the person’s appointment. If the court finds that the appointee is qualified and fit to act as a humane officer, the court shall issue an order confirming the appointment. The society shall thereupon file a certified copy of the court order in the office of the county clerk of the county or city and county in which the court is located. The appointee shall, at the same time, take and subscribe an oath of office prescribed for peace officers. The society shall also provide a copy of the Order Confirming Appointment to the California Animal Welfare Association and the Department of Justice. The Department of Justice may charge a reasonable fee sufficient to cover the
costs of maintaining records of Orders Confirming Appointment. If the court does not find the appointee qualified and fit to act as a humane officer, the court shall issue an order denying confirmation of the appointment.
(d) If the court grants the petition, the county clerk shall immediately enter in a book to be kept in the county clerk’s office and designated “Record of Humane Officers” the name of the officer, the name of the society appointing the officer, the number of the officer’s badge, the date of the filing, and the case number of the court order confirming the appointment. At the time of the filing, the county clerk shall collect from the society a fee of five dollars ($5), which shall be full payment for all services to be performed by the county clerk under this section.
(e) All appointments of humane officers shall automatically expire if the society disbands or legally dissolves.
(f) (1) The society appointing an officer may revoke an appointment at any time by filing in the office of the county clerk in which the appointment of the officer is recorded a copy of the revocation in writing under the letterhead of the society and duly certified by its executive officer. Upon the filing, the county clerk shall enter the fact of the revocation and the date of the filing of the revocation opposite the name of the officer in the record of humane officers.
(2) Notwithstanding paragraph (1), any duly authorized sheriff or local police agency or the California Animal Welfare Association may initiate a revocation hearing by
filing a petition to Revoke Appointment of a Humane Officer. The petition shall show cause why an appointment should be revoked and shall be made to the superior court in the jurisdiction of the appointment. Filing, service, and format of the petition and any oppositions and
reply papers shall conform to the law and motion requirements under the Code of Civil Procedure, California Rules of Court, and this code. A proceeding pursuant to this paragraph shall be a special proceeding within the meaning of Section 23 of the Code of Civil Procedure.
(A) Notice of the hearing date and a copy of the petition shall be served in the same manner as a summons upon the humane officer subject to the petition, the society that appointed the officer, the agencies and association described in paragraph (2) of subdivision (b); except the party filing the petition shall not be required to serve copies of those documents upon itself.
(B) Upon a finding of good cause, the court shall issue an order granting the petition to revoke the appointment. The county
clerk shall immediately enter the revocation and the date of the court order opposite the name of the officer in the record of humane officers. The clerk of the superior court shall give notice of the order to the parties described in subparagraph (A) and to the county clerk-recorder.
(g) The society appointing the humane officer shall pay the training expenses of the humane officer attending the training required pursuant to this section.
(h) (1) (A) A level 1 humane officer is not a peace officer, but may exercise the powers of a peace officer at all places within the state in order to prevent the perpetration of any act of cruelty upon any animal and to that end may summon to the officer’s aid any bystander. A level 1 humane officer
may use reasonable force necessary to prevent the perpetration of any act of cruelty upon any animal.
(B) A level 1 humane officer may make arrests for the violation of any penal law of this state relating to or affecting animals in the same manner as any peace officer and may serve search warrants.
(C) A level 1 humane officer is authorized to carry firearms while exercising the duties of a humane officer, upon satisfactory completion of the training specified in subparagraph (D), if the requirements in subparagraph (F) are met.
(D) A level 1 humane officer shall, before appointment, provide evidence satisfactory to the appointing society that the officer has successfully completed the following requirements:
(i) At least 20 hours of a course of training in animal care sponsored or provided by an accredited postsecondary institution or any other provider approved by the California Veterinary Medical Association the focus of which shall be the identification of disease, injury, and neglect in domestic animals and livestock.
(ii) At least 40 hours of a course of training in the state humane laws relating to the powers and duties of a humane officer, sponsored or provided by an accredited postsecondary institution, law enforcement agency, or the California Animal Welfare Association.
(iii) The basic training for a level 1 reserve officer by the Commission on Peace Officer Standards and Training pursuant to paragraph (1) of
subdivision (a) of Section 832.6 of the Penal Code.
(E) A person shall not be appointed as a level 1 humane officer until the person meets the criteria in Sections 1029, 1030, and 1031 of the Government Code. A humane society or society for the prevention of cruelty to animals shall complete a background investigation, using standards defined by the Commission on Peace Officer Standards and Training as guidelines for all level 1 humane officer appointments.
(F) (i) Notwithstanding any other provision of this section, a level 1 humane officer may carry a firearm only if authorized by, and only under the terms and conditions specified by, the officer’s appointing society.
(ii) Notwithstanding
any other provision of this section, a level 1 humane officer shall not be authorized to carry a firearm unless and until the officer’s appointing society has adopted a policy on the use of deadly force by its officers and the officer has been instructed in that policy.
(2) (A) A level 2 humane officer is not a peace officer, but may exercise the powers of a peace officer at all places within the state in order to prevent the perpetration of any act of cruelty upon any animal and to that end may summon to the officer’s aid any bystander. A level 2 humane officer may use reasonable force necessary to prevent the perpetration of any act of cruelty upon any animal.
(B) A level 2 humane officer may make arrests for the violation of any penal law of this state
relating to or affecting animals in the same manner as any peace officer and may serve search warrants during the course and within the scope of appointment, upon the successful completion of a course relating to the exercise of the police powers specified in Section 832 of the Penal Code, except the power to carry and use firearms.
(C) A level 2 humane officer is not authorized to carry firearms.
(D) A level 2 humane officer shall, before appointment, provide evidence satisfactory to the appointing society that the officer has successfully completed courses of training in the following subjects:
(i) At least 20 hours of a course of training in animal care sponsored or provided by an accredited postsecondary institution or
any other provider approved by the California Veterinary Medical Association, the focus of which is the identification of disease, injury, and neglect in domestic animals and livestock.
(ii) At least 40 hours of a course of training in the state humane laws relating to the powers and duties of a humane officer, sponsored or provided by an accredited postsecondary institution, law enforcement agency, or the California Animal Welfare Association.
(E) A person shall not be appointed as a level 2 humane officer until the person meets the criteria in Sections 1029, 1030, and 1031 of the Government Code. A humane society or society for the prevention of cruelty to animals shall complete a background investigation, using standards defined by the Commission on Peace Officer Standards
and Training as guidelines, for all level 2 humane officer appointments.
(3) During each three-year period following the date on which the certified copy of the court order confirming the appointment of a humane officer was filed with the county clerk, the humane officer shall complete 40 hours of continuing education and training relating to the powers and duties of a humane officer, which education and training shall be sponsored or provided by an accredited postsecondary institution, law enforcement agency, or the California Animal Welfare Association. A certificate of compliance shall be served no later than 21 days after the expiration of each three-year period on the Department of Justice with copies served on the superior court, agencies, and associations described in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision
(b). The Department of Justice may charge a reasonable fee sufficient to cover the costs of maintaining records of certificates of compliance. The certificate of compliance shall also include documentation that the humane society or society for the prevention of cruelty to animals is in compliance with subparagraph (F) of paragraph (3) of subdivision (b). Service on the Department of Justice shall be in compliance with procedures set forth by the Department of Justice. The Department of Justice shall post the filing procedures, as they may be updated from time to time, on its internet website. Failure to file the certificate of compliance with the Department of Justice no later than 21 days after the expiration of a three-year period shall result in immediate revocation of the appointment.
(4) If the humane officer is authorized to carry a
firearm, the officer shall complete ongoing weapons training and range qualifications at least every six months pursuant to subdivision (t) of Section 830.3 of the Penal Code. A certificate of compliance pursuant to this section shall be served no later than 21 days after the expiration of a six-month period on the Department of Justice with copies served on the superior court, and on the agencies and associations described in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (b). The Department of Justice may charge a reasonable fee sufficient to cover the costs of maintaining records of certificates of compliance. The certificate of compliance shall also include documentation that the humane society or society for the prevention of cruelty to animals is in compliance with subparagraph (F) of paragraph (3) of subdivision (b). Service on the Department of Justice shall be in
compliance with procedures set forth by the Department of Justice. The Department of Justice shall post the filing procedures, as they may be updated from time to time, on its internet website. Failure to file the certificate of compliance with the Department of Justice no later than 21 days after the expiration of a six-month period shall result in immediate revocation of the appointment.
(5) (A) A humane officer may carry a wooden club or baton if the officer has satisfactorily completed the course of instruction certified by the Commission on Peace Officer Standards and Training in the carrying and use of the club or baton pursuant to subdivision (g) of Section 22295 of the Penal Code.
(B) Notwithstanding subparagraph (A), a humane officer may carry a
wooden club or baton only if authorized by, and only under the terms and conditions specified by, the officer’s appointing society.
(i) Every humane officer shall, when making an arrest, exhibit and expose a suitable badge to be adopted by the society under this part of which the officer is an appointee which shall bear its name and a number. Uniforms worn by humane officers shall prominently display the name of the appointing society. Humane officer uniforms shall not display the words “state” or “California,” except to the extent that one or both of those words are part of the appointing society’s incorporated name.
(j) Any person resisting a humane officer in the performance of the officer’s duty as provided in this section is guilty of a misdemeanor. Any person who has not
been appointed and qualified as a humane officer as provided in this section, or whose appointment has been revoked as provided in this section, or whose appointment, having expired, has not been renewed as provided in this section, who shall represent themself to be or shall attempt to act as an officer shall be guilty of a misdemeanor.
(k) No humane officer shall serve a search warrant without providing prior notice to local law enforcement agencies operating within that jurisdiction.
(l) Any humane society, society for the prevention of cruelty to animals, or person, who knowingly provides a court with false or forged documentation for the appointment of a humane officer, is guilty of a misdemeanor and shall be punished by a fine of up to ten thousand dollars ($10,000).
(m) Except as otherwise provided by this section, a humane officer shall serve only in the county in which the court that appointed the officer sits. A humane officer may serve in another county if the humane officer gives notice requesting consent to the sheriff of the county in which the officer intends to serve, and acquires consent from that sheriff of the county in which the officer intends to serve, or from a person authorized by the sheriff to give that consent. A sheriff shall promptly respond to any request by a humane officer to serve in the sheriff’s jurisdiction and any request shall not be unreasonably denied.
SEC. 3.
Section 6520 of the Government Code is repealed.SEC. 4.
Section 14672.5 of the Government Code is amended to read:14672.5.
Notwithstanding Section 14670, the Director of General Services, with the consent of the Department of Corrections, may lease to the City of Folsom a parcel of approximately five acres of unimproved real property situated in the County of Sacramento within Rancho Rio de Los Americanos for a period not to exceed 50 years for a police station or city hall.SEC. 5.
Section 24261 of the Government Code is repealed.SEC. 6.
Section 25351.3 of the Government Code is amended to read:25351.3.
In addition to its other powers and duties, the board of supervisors may do any or all of the following:(a) Acquire land for and construct, lease, sublease, build, furnish, refurnish, or repair buildings for superior courts and for convention and exhibition halls, trade and industrial centers, auditoriums, opera houses, music halls and centers, motion picture and television museums, and related facilities used for public assembly purposes for the use, benefit and enjoyment of the public, including offstreet parking places for motor vehicles, ways of ingress and egress, and any other facilities and improvements necessary or convenient for their use.
(b) Acquire land and construct buildings, structures and facilities thereon, in whole or in part, with county funds or it may, by contract or lease with any nonprofit association or corporation, provide for the acquisition of land or the construction of buildings, structures and facilities, or all or any part thereof, for public assembly purposes, upon the terms the board may determine.
(c) Lease, pursuant to Section 25371, any real property owned by the county and available for public assembly purposes to any person, firm, corporation, or nonprofit association or corporation for public assembly purposes, with the person, firm, corporation, or nonprofit association or corporation to lease the real property, as improved, back to the county for use for the purposes stated in the
lease. Any lease authorized by the board under this subdivision, except leases for superior courts, which may be entered into without advertising for bids, shall be awarded to the lowest responsible bidder after public competitive bidding conducted in the manner determined by the board. Notice inviting bids shall be published pursuant to Section 6066 in a newspaper as the board may direct.
(d) Enter into a lease or sublease, without advertising for bids therefor, of buildings, structures, and facilities or any of them with any nonprofit association or corporation which agrees to use the buildings, structures, and facilities so leased to it for the public assembly purposes for which they were or are to be built; or contract, without advertising, for bids with any nonprofit association or corporation for the maintenance, operation, and management
of the buildings, structures, and facilities, or any part thereof used for public assembly purposes, including the scheduling and promotion of events therein, for a specified term, not to exceed 40 years, upon terms and conditions as may be agreed upon. The leases, subleases, or contracts shall provide that, at least annually, there shall be paid to the county the net revenue, if any, from the operation and use of the facilities, remaining after the payment of expenses and costs, if any, for maintenance, operation or management, interest, and principal payments upon loans to the nonprofit corporation or association for purposes of maintenance, operation, or management, and any other expenses, and after providing maintenance and operation reserves. The lease, sublease, or contract shall also provide that, upon its expiration, all of the assets of the nonprofit association or corporation after payment or discharge
of its indebtedness and liabilities shall be transferred to the county.
(e) If the county has a population in excess of 4,000,000, without advertising for bids therefor, grant any real property owned by the county, or lease, for a term not to exceed 99 years, any real property owned by the county, to any city, district, or other public entity for any of the above public assembly purposes, without consideration, except the agreement of the grantee or lessee to use the real property for the public assembly purposes specified, and upon terms and conditions which may be agreed upon by the board and the grantee or lessee.
The amendment to this section enacted by Chapter 755 of the Statutes of 1963 shall not be construed to have affected or modified the then-existing duty of any county or board of
supervisors to provide adequate quarters for courts. That amendment was intended to provide an alternative method of financing the acquisition of property and buildings for use for courthouse purposes.
SEC. 7.
Section 25560.4 of the Government Code is amended to read:25560.4.
The board of supervisors of any county may, by a four-fifths vote of the members, use or dedicate any portion of any land acquired by the county by means of special assessment proceedings for park purposes, for the erection and maintenance of one or more buildings to house a superior court, or one or more departments or divisions thereof, if the portion of the land to be so used or dedicated has not been used by the public for park purposes for a period of more than 10 years.SEC. 8.
The heading of Article 1.2 (commencing with Section 26625) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code is amended to read:Article 1.2. Court Security in Contra Costa County
SEC. 9.
Section 26625 of the Government Code is repealed.SEC. 10.
Section 26625.3 of the Government Code is amended to read:26625.3.
There is a Court Security Oversight Committee consisting of five superior court judges appointed by the presiding judge. The duties of the committee shall be those prescribed by this article, and include, but are not limited to, the following:(a) To approve all transfers out of and into the court security bureau.
(b) To approve staffing levels and the recommended budget.
(c) To approve security measures and plans prepared by the sheriff, through the court security bureau commander.
(d) Notwithstanding any other provisions of law, the sheriff shall provide bailiffing, court security, and prisoner holding in the Superior Court of Contra Costa County.
SEC. 11.
Section 26625.5 of the Government Code is repealed.SEC. 12.
Section 26625.6 of the Government Code is amended to read:26625.6.
Notwithstanding any other provision of this article, the sheriff through the court security bureau commander shall make all transfers within the court security bureau consistent with existing personnel policies of the sheriff, memoranda of understanding, if any, and other county personnel management rules and regulations.SEC. 13.
Section 26625.8 of the Government Code is repealed.SEC. 14.
Section 26625.9 of the Government Code is amended to read:26625.9.
All sworn permanent employees assigned to the court security bureau shall be required to meet those requirements of the California Commission on Peace Officer Standards and Training imposed on all marshal’s departments in California.SEC. 15.
Article 1.75 (commencing with Section 26638.15) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code is repealed.SEC. 16.
The heading of Article 1.8 (commencing with Section 26639) of Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code is repealed.SEC. 17.
The heading of Article 1.8 (commencing with Section 26639) is added to Chapter 2 of Part 3 of Division 2 of Title 3 of the Government Code, to read:Article 1.8. Court Security in Los Angeles County
SEC. 18.
Section 26639 of the Government Code is repealed.SEC. 19.
Section 26639.2 of the Government Code is amended to read:26639.2.
The courtroom assignment of bailiffs in the Los Angeles County Superior Court shall be determined by the presiding judge and the bailiff’s management representative; or their designees. Any new bailiff assignments shall be made only after consultation with the affected judge or commissioner in whose courtroom a new assignment is planned, the bailiff’s management representative, and with the bargaining unit of the bailiff employee, if the employee is represented.It is the intent of the Legislature, in enacting this section, to ensure that courtroom assignments are made in a manner which best assures that the interests of the affected judge or commissioner and bailiff are
protected.
SEC. 20.
Section 26639.3 of the Government Code is repealed.SEC. 21.
Section 68073.5 of the Government Code is repealed.SEC. 22.
Section 69504 of the Government Code is amended to read:69504.
The superior court of each county shall purchase and provide for the installation of the Flag of the United States and the Bear Flag of California in each superior courtroom in the county.SEC. 23.
Section 70394 of the Government Code is repealed.SEC. 24.
Section 70624 of the Government Code is amended to read:70624.
(a) In addition to the uniform filing fee authorized pursuant to Section 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, or 70670, after giving notice and holding a public hearing on the proposal, the Board of Supervisors of San Bernardino County may impose a surcharge not to exceed thirty-five dollars ($35) for the filing in superior court of (1) a complaint, petition, or other first paper in a civil, family, or probate action or special proceeding, and (2) a first paper on behalf of any defendant, respondent, intervenor, or adverse party. The county shall notify in writing the superior court and the Administrative Office of the Courts of any change in a surcharge under this section. If a surcharge under this section is imposed on a filing fee, the distribution that would otherwise be made to the State Court Facilities Construction Fund under subdivision (c) of Section 68085.3 or subdivision (c) of Section 68085.4 shall be reduced as provided in Section 70603. This section shall apply to fees collected under Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653, 70655, and 70670, beginning January 1, 2006.(b) The surcharge shall be in an amount determined to be necessary by the board of supervisors to supplement the Courthouse Construction Fund, to be deposited in that fund and used solely for the purposes authorized for expenditures from that fund, including, but not limited to, earthquake retrofitting, renovation, and remodeling of all portions of the Central San Bernardino Courthouse in need of
retrofitting, renovation, or remodeling, whether or not necessitated by the retrofitting work, including the original courthouse built in 1926 and all subsequent additions thereto. Expenditures made from the Courthouse Construction Fund that are funded from the surcharge shall be made in order of priority to ensure that all necessary earthquake retrofitting of the Central San Bernardino Courthouse will be completed. Collection of the surcharge authorized by this section shall terminate upon repayment of the amortized costs incurred, or 30 years from the sale of the bond, whichever occurs first. However, the surcharge shall not apply in instances in which no filing fee is charged or the filing fee is waived. If the amortized costs have been repaid, or 30 years have passed since the sale of the bond, the county shall notify in writing the superior court and the Administrative Office of the Courts.
(c) This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.
SEC. 25.
Section 71002 of the Government Code is repealed.SEC. 26.
Section 71383 of the Government Code is repealed.SEC. 27.
Section 72116 of the Government Code is amended to read:72116.
Court-related services are provided by the marshal’s office in Shasta County.SEC. 28.
The heading of Chapter 10 (commencing with Section 73301) of Title 8 of the Government Code is repealed.SEC. 29.
The heading of Chapter 10 (commencing with Section 73301) is added to Title 8 of the Government Code, to read:CHAPTER 10. County-Specific Provisions
SEC. 30.
Article 1 (commencing with Section 73301) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 31.
Article 3 (commencing with Section 73390) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 32.
Article 7 (commencing with Section 73560) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 33.
Article 9.5 (commencing with Section 73660) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 34.
Article 10.5 (commencing with Section 73698) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 35.
Article 11.5 (commencing with Section 73730) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 36.
Section 73750 of the Government Code is repealed.SEC. 37.
Section 73756 of the Government Code is repealed.SEC. 38.
Article 12 (commencing with Section 73770) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 39.
Article 12.2 (commencing with Section 73783.1) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 40.
Article 12.3 (commencing with Section 73784) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 41.
Article 12.5 (commencing with Section 73790) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 42.
Section 73956 of the Government Code is repealed.SEC. 43.
Article 27 (commencing with Section 74602) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 44.
Article 28 (commencing with Section 74640) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 45.
Article 29.6 (commencing with Section 74720) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 46.
Article 30.1 (commencing with Section 74760) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 47.
The heading of Article 32.3 (commencing with Section 74820) of Chapter 10 of Title 8 of the Government Code is amended to read:Article 32.3. San Joaquin County Court Security and Civil Process
SEC. 48.
Section 74820.1 of the Government Code is amended to read:74820.1.
This article applies to the court security functions and service of process and notice functions in the sheriff’s office.SEC. 49.
Article 35.5 (commencing with Section 74915) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 50.
Article 37 (commencing with Section 74934) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 51.
Article 38 (commencing with Section 74948) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 52.
Article 39 (commencing with Section 74960) of Chapter 10 of Title 8 of the Government Code is repealed.SEC. 53.
Section 76000 of the Government Code is amended to read:76000.
(a) (1) Except as otherwise provided elsewhere in this section, in each county there shall be levied an additional penalty in the amount of seven dollars ($7) for every ten dollars ($10), or part of ten dollars ($10), upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses, including all offenses involving a violation of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.(2) This additional penalty shall be collected together with and in the same manner as the amounts established by Section 1464 of the Penal Code. These moneys shall be taken from fines and forfeitures deposited with the county
treasurer prior to any division pursuant to Section 1463 of the Penal Code. The county treasurer shall deposit those amounts specified by the board of supervisors by resolution in one or more of the funds established pursuant to this chapter. However, deposits to these funds shall continue through whatever period of time is necessary to repay any borrowings made by the county on or before January 1, 1991, to pay for construction provided for in this chapter.
(3) This additional penalty does not apply to the following:
(A) Any restitution fine.
(B) Any penalty authorized by Section 1464 of the Penal Code or this chapter.
(C) Any parking offense subject to
Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
(D) The state surcharge authorized by Section 1465.7 of the Penal Code.
(b) In each authorized county, provided that the board of supervisors has adopted a resolution stating that the implementation of this subdivision is necessary to the county for the purposes authorized, with respect to each authorized fund established pursuant to Section 76100 or 76101, for every parking offense where a parking penalty, fine, or forfeiture is imposed, an added penalty of two dollars and fifty cents ($2.50) shall be included in the total penalty, fine, or forfeiture. Except as provided in subdivision (c), for each parking case collected in the courts of the county, the county treasurer shall place in
each authorized fund two dollars and fifty cents ($2.50). These moneys shall be taken from fines and forfeitures deposited with the county treasurer prior to any division pursuant to Section 1462.3 or 1463.009 of the Penal Code. The judges of the county shall increase the bail schedule
amounts as appropriate to reflect the added penalty provided for by this section. In those cities, districts, or other issuing agencies which elect to accept parking penalties, and otherwise process parking violations pursuant to Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code, that city, district, or issuing agency shall observe the increased bail amounts as established by the court reflecting the added penalty provided for by this section. Each agency which elects to process parking violations shall pay to the county treasurer two dollars and fifty cents ($2.50) for each fund for each parking penalty collected on each violation which is not filed in court. Those payments to the county treasurer shall be made monthly, and the county treasurer shall deposit all those sums in the authorized fund. No issuing agency shall be required to
contribute revenues to any fund in excess of those revenues generated from the surcharges established in the resolution adopted pursuant to this chapter, except as otherwise agreed upon by the local governmental entities involved.
(c) The county treasurer shall deposit one dollar ($1) of every two dollars and fifty cents ($2.50) collected pursuant to subdivision (b) into the general fund of the county.
(d) The authority to impose the two-dollar-and-fifty-cent ($2.50) penalty authorized by subdivision (b) shall be reduced to one dollar ($1) as of the date of transfer of responsibility for facilities from the county to the Judicial Council pursuant to Article 3 (commencing with Section 70321) of Chapter 5.7, except as money is needed to pay for construction provided for in Section 76100
and undertaken prior to the transfer of responsibility for facilities from the county to the Judicial Council.
(e) The seven-dollar ($7) additional penalty authorized by subdivision (a) shall be reduced in each county by the additional penalty amount assessed by the county for the local courthouse construction fund established by Section 76100 as of January 1, 1998, when the money in that fund is transferred to the state under Section 70402. The amount each county shall charge as an additional penalty under this section shall be as follows:
Alameda | $5.00 | Marin | $5.00 | San Luis Obispo | $5.00 |
Alpine | $5.00 | Mariposa | $2.50 | San Mateo | $4.75 |
Amador | $5.00 | Mendocino | $7.00 | Santa Barbara | $3.50 |
Butte | $7.00 | Merced | $4.75 | Santa Clara | $5.50 |
Calaveras | $3.00 | Modoc | $3.50 | Santa Cruz | $7.00 |
Colusa | $6.00 | Mono | $4.00 | Shasta | $3.50 |
Contra Costa | $5.00 | Monterey | $5.00 | Sierra | $7.00 |
Del Norte | $7.00 | Napa | $3.00 | Siskiyou | $5.00 |
El Dorado | $5.00 | Nevada | $4.75 | Solano | $5.00 |
Fresno | $7.00 | Orange | $5.29 | Sonoma | $5.00 |
Glenn | $4.00 | Placer | $4.75 | Stanislaus | $5.00 |
Humboldt | $5.00 | Plumas | $7.00 | Sutter | $6.00 |
Imperial | $6.00 | Riverside | $4.60 | Tehama | $7.00 |
Inyo | $4.00 | Sacramento | $5.00 | Trinity | $4.50 |
Kern | $7.00 | San Benito | $5.00 | Tulare | $5.00 |
Kings | $7.00 | San Bernardino | $5.00 | Tuolumne | $7.00 |
Lake | $7.00 | San Diego | $7.00 | Ventura | $5.00 |
Lassen | $2.00 | San Francisco | $6.99 | Yolo | $7.00 |
Los Angeles | $5.00 | San Joaquin | $3.75 | Yuba | $3.00 |
Madera | $7.00 |
_____
|
_____
|
_____
|
_____
|
SEC. 54.
Section 76223 of the Government Code is amended to read:76223.
Notwithstanding any other provision of law, the following conditions pertain to the construction of court facilities in Merced County by the County of Merced for any construction pursuant to a written agreement entered into prior to January 1, 2004, between the board of supervisors and the presiding judge of the superior court:(a) Revenue received in Merced County from civil assessments for Failure to Appear, pursuant to Section 1214.1 of the Penal Code, shall be available, in an annual amount not to exceed the amount agreed upon by the board of supervisors and the presiding judge of the superior court, for the purpose of augmenting other funds made available for
construction.
(b) The presiding judge of the superior court may agree to make available court funds, up to a stated amount, other than funds received from the Trial Court Trust Fund or other state sources, in the courthouse construction fund.
(c) The total amounts deposited under subdivision (a) may not exceed in any fiscal year the amount payable on the construction costs less (1) any amounts paid by the courthouse construction fund and (2) any other amounts paid from other sources except for any amounts paid pursuant to subdivision (b).
(d) The total amounts deposited under subdivision (b) shall not exceed in any fiscal year the amount payable on the construction costs less (1) any amounts paid by the courthouse
construction fund, (2) any amounts paid pursuant to subdivision (a) of this section, and (3) any other amounts paid from other sources except for any amounts paid pursuant to subdivision (b).
(e) The revenue sources provided for by this section may be transferred to the state.
(f) As used in this section, the costs of construction also includes the payment on the bonded indebtedness or other encumbrance used to finance the construction.
SEC. 55.
Section 76225 of the Government Code is repealed.SEC. 56.
Section 77201.3 of the Government Code is amended to read:77201.3.
(a) Commencing with the 2006–07 fiscal year, and each fiscal year thereafter, except as otherwise specifically provided in this section, each county shall remit to the state the amounts described in this subdivision in four equal installments due on October 1, January 1, April 1, and May 1. The amounts listed in this subdivision are in lieu of the amounts listed in subdivision (b) of Section 77201.1. However, for purposes of the calculation required by subdivision (a) of Section 77205, the amounts in paragraph (2) of subdivision (b) of Section 77201.1 shall be used.(1) Each county shall remit to the state the amount listed below, which is based
on an amount expended by the respective county for court operations during the 1994–95 fiscal year. The amount listed for Los Angeles County includes the twenty-three million five hundred twenty-seven thousand nine hundred forty-nine dollars ($23,527,949) increase required by subdivision (g) of Section 77201.1.
Jurisdiction | Amount |
Alameda
........................
| $
22,509,905 |
Alpine
........................
| - |
Amador
........................
| - |
Butte
........................
| - |
Calaveras
........................
| - |
Colusa
........................
| - |
Contra Costa
........................
| 11,974,535 |
Del Norte
........................
| - |
El Dorado
........................
| - |
Fresno
........................
| 11,222,780 |
Glenn
........................
| - |
Humboldt
........................
| - |
Imperial
........................
| - |
Inyo
........................
| - |
Kern
........................
| 9,234,511 |
Kings
........................
| - |
Lake
........................
| - |
Lassen
........................
| - |
Los Angeles
........................
| 198,858,596 |
Madera
........................
| - |
Marin
........................
| - |
Mariposa
........................
| - |
Mendocino
........................
| - |
Merced
........................
| - |
Modoc
........................
| - |
Mono
........................
| - |
Monterey
........................
| 4,520,911 |
Napa
........................
| - |
Nevada
........................
| - |
Orange
........................
| 38,846,003 |
Placer
........................
| - |
Plumas
........................
| - |
Riverside
........................
| 17,857,241 |
Sacramento
........................
| 20,733,264 |
San Benito
........................
| - |
San Bernardino
........................
| 20,227,102 |
San Diego
........................
| 43,495,932 |
San Francisco
........................
| 19,295,303 |
San Joaquin
........................
| 6,543,068 |
San Luis Obispo
........................
| - |
San Mateo
........................
| 12,181,079 |
Santa Barbara
........................
| 6,764,792 |
Santa Clara
........................
| 28,689,450 |
Santa Cruz
........................
| - |
Shasta
........................
| - |
Sierra
........................
| - |
Siskiyou
........................
| - |
Solano
........................
| 6,242,661 |
Sonoma
........................
| 6,162,466 |
Stanislaus
........................
| 3,506,297 |
Sutter
........................
| - |
Tehama
........................
| - |
Trinity
........................
| - |
Tulare
........................
| - |
Tuolumne
........................
| - |
Ventura
........................
| 9,734,190 |
Yolo
........................
| - |
Yuba
........................
| - |
(2) (A) This paragraph sets forth the amount of the revenue maintenance of effort payment as modified by the reductions in Sections 68085.2 and 68085.7, including, if applicable, any adjustment made pursuant to paragraph (1) of subdivision (b) of Section 68085.8.
Jurisdiction | Amount |
Alameda
........................
| $ 7,529,814 |
Alpine
........................
| 58,459 |
Amador
........................
| 261,618 |
Butte
........................
| 797,512 |
Calaveras
........................
| 298,247 |
Colusa
........................
| 394,002 |
Contra Costa
........................
| 3,136,407 |
Del Norte
........................
| 120,598 |
El Dorado
........................
| 732,606 |
Fresno
........................
| 3,536,164 |
Glenn
........................
| 293,014 |
Humboldt
........................
| 933,601 |
Imperial
........................
| 1,075,275 |
Inyo
........................
| 610,438 |
Kern
........................
| 5,247,051 |
Kings
........................
| 759,717 |
Lake
........................
| 133,003 |
Lassen
........................
| 379,561 |
Los Angeles
........................
| 47,023,566 |
Madera
........................
| 1,025,684 |
Marin
........................
| 2,010,028 |
Mariposa
........................
| 131,611 |
Mendocino
........................
| 441,037 |
Merced
........................
| 1,600,227 |
Modoc
........................
| 103,798 |
Mono
........................
| 409,747 |
Monterey
........................
| 2,662,998 |
Napa
........................
| 710,832 |
Nevada
........................
| 1,197,947 |
Orange
........................
| 15,603,484 |
Placer
........................
| 835,467 |
Plumas
........................
| 154,384 |
Riverside
........................
| 7,108,548 |
Sacramento
........................
| 1,829,692 |
San Benito
........................
| 270,940 |
San Bernardino
........................
| 3,325,704 |
San Diego
........................
| 13,501,132 |
San Francisco
........................
| 3,123,814 |
San Joaquin
........................
| 2,158,803 |
San Luis Obispo
........................
| 1,754,131 |
San Mateo
........................
| 2,527,355 |
Santa Barbara
........................
| 3,117,677 |
Santa Cruz
........................
| 1,495,691 |
Shasta
........................
| 574,383 |
Sierra
........................
| 41,810 |
Siskiyou
........................
| 482,082 |
Solano
........................
| 1,931,765 |
Sonoma
........................
| 1,439,187 |
Stanislaus
........................
| 1,079,927 |
Sutter
........................
| 644,174 |
Tehama
........................
| 627,958 |
Trinity
........................
| 102,233 |
Tulare
........................
| 1,345,686 |
Tuolumne
........................
| 277,573 |
Ventura
........................
| 2,283,494 |
Yolo
........................
| 464,030 |
Yuba
........................
| 273,437 |
(B) The amount remitted by the County of Santa Clara shall be ten million nine hundred sixty-one thousand two hundred ninety-three dollars ($10,961,293) reduced as described in clauses (i) and (ii).
(i) The amount remitted by the County of Santa Clara pursuant to this paragraph for each fiscal year shall be reduced by an amount equal to one-half of the amount calculated by subtracting
the budget reduction for the Superior Court of Santa Clara County for that fiscal year attributable to the reduction of the counties’ payment obligation from thirty-one million dollars ($31,000,000) pursuant to subdivision (a) of Section 68085.6 from the net civil assessments received in that county in that fiscal year. “Net civil assessments” as used in this paragraph means the amount of civil assessments collected minus the costs of collecting those civil assessments, under the guidelines of the Controller.
(ii) The reduction calculated pursuant to paragraph (i) shall not exceed two million five hundred thousand dollars ($2,500,000) in any fiscal year. If the reduction for a fiscal year reaches two million five hundred thousand dollars ($2,500,000), the amount that the county is required to remit to the state under this paragraph in that fiscal
year and in each subsequent fiscal year shall be eight million four hundred sixty-one thousand two hundred ninety-three dollars
($8,461,293).
(b) Except as otherwise specifically provided in this section, county remittances specified in subdivision (a) shall not be increased in subsequent years.
(c) Except for those counties with a population of 70,000, or less, on January 1, 1996, the amount a county is required to remit pursuant to paragraph (1) of subdivision (a) shall be adjusted by the amount equal to any adjustment resulting from the procedures in subdivisions (c) and (d) of Section 77201 as that section read on June 30, 1998, to the extent a county filed an appeal with the Controller with respect to the findings made by the Department of Finance. This subdivision shall not be construed to establish a new appeal process beyond what was provided by Section 77201, as that section
read on June 30, 1998.
(d) Any change in statute or rule of court that either reduces the bail schedule or redirects or reduces a county’s portion of fee, fine, and forfeiture revenue to an amount that is less than (1) the fees, fines, and forfeitures retained by that county, and (2) the county’s portion of fines and forfeitures transmitted to the state in the 1994–95 fiscal year, shall reduce that county’s remittance specified in paragraph (2) of subdivision (a) by an equal amount. Nothing in this subdivision is intended to limit judicial sentencing discretion.
(e) Nothing in this section is intended to relieve a county of the responsibility to provide necessary and suitable court facilities pursuant to Section 70311.
(f) Nothing in this section is intended to relieve a county of the responsibility for justice-related expenses not included in Section 77003 which are otherwise required of the county by law, including, but not limited to, indigent defense representation and investigation, and payment of juvenile justice charges.
