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SB-847 Courts: omnibus.(2017-2018)

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Date Published: 06/27/2018 09:00 PM
SB847:v96#DOCUMENT

Senate Bill No. 847
CHAPTER 45

An act to amend Section 384 of, to add Sections 382.4 and 384.5 to, the Code of Civil Procedure, to amend Sections 69104, 69592, 70371.7, 70602.6, 70616, 70617, 70657, 70662, and 70677 of, and to add Sections 68520 and 70371.9 to, the Government Code, and to add and repeal Chapter 1.5 (commencing with Section 40280) of Division 17 of the Vehicle Code, relating to courts, and making an appropriation therefor, to take effect immediately, bill related to the budget.

[ Approved by Governor  June 27, 2018. Filed with Secretary of State  June 27, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 847, Committee on Budget and Fiscal Review. Courts: omnibus.
(1) Whenever a judgment in class action litigation provides for the payment of money to members of the class, existing law requires any unpaid cash residue or unclaimed or abandoned class member funds generally attributable to California residents to be distributed by transmitting 25% of those funds to the State Treasury for deposit in the Trial Court Improvement and Modernization fund, at least 25% to the State Treasury for deposit in the Equal Access Fund of the Judicial Branch, and up to 50% to nonprofit organizations or foundations, child advocacy programs, or nonprofit organizations providing civil legal services to the indigent, to be used for specified purposes. Existing law requires this distribution unless for good cause shown the court makes a specific finding that an alternative distribution would better serve the public interest or the interest of the class.
This bill would instead require the court, before the entry of a judgment in a class action, to determine the total amount that will be payable to all class members, and to set a date when the parties are to report to the court the total amount that was actually paid to the class members. After the report is received, the bill would require the court to amend the judgment to direct the defendant to pay the sum of the unpaid residue, plus interest, to nonprofit organizations or foundations to support projects that will benefit the class or similarly situated persons, or that promote the law consistent with the underlying cause of action, or to child advocacy programs, or to nonprofit organizations providing civil legal services to the indigent. The bill would require an attorney for a party to a class action to notify the court if he or she has a connection to a proposed nonparty recipient of class action settlement funds that could reasonably create the appearance of impropriety, as specified. The bill would require the court to transmit a copy of the judgment to the Judicial Council, and would require the judgment to contain information identifying nonparty recipients of class action settlement funds and other specified information. Commencing January 1, 2024, and on January 1 of every 5th year thereafter, the bill would require the California Research Bureau to prepare and publish on its Internet Web site a 5-year aggregate report of that information.
(2) Existing law sets forth the number of judges for each division of each district of the court of appeal. Existing law provides that there are 7 judges in the division of the Court of Appeal for the 4th Appellate District that holds its regular sessions in the San Bernardino/Riverside area.
This bill would increase the number of judges in that division to 8 judges.
(3) Existing law specifies the number of judges for the superior court of each county, including 51 superior court judges in the County of Riverside.
This bill would increase the number of judges for the superior court in the County of Riverside to 53.
(4) Existing law establishes the State Court Facilities Construction Fund, which is financed by the imposition of various state court construction penalty assessments, parking surcharges, and filing fee surcharges related to specified civil actions. Existing law establishes the Immediate and Critical Needs Account within the fund, the proceeds of which may be used for the planning, design, construction, rehabilitation, renovation, replacement, or acquisition of court facilities, for the repayment of moneys appropriated for lease of court facilities pursuant to the issuance of lease-revenue bonds, for the payment for lease or rental of court facilities, and for trial court operations, as specified. Existing law requires the Judicial Council to report to the Joint Legislative Budget Committee and Chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget by March 1 of each year on the status of each project established by the State Public Works Board. Existing law requires the Judicial Council to submit a report to the Joint Legislative Budget Committee, including specified project information, before seeking the State Public Works Board establishment of the scope and cost.
This bill would require the Judicial Council to submit to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget a long-term fund condition statement for the State Court Facilities Construction Fund and the Immediate and Critical Needs Account in conjunction with any future funding request for capital outlay to demonstrate that there is sufficient revenue to support existing debt or capital outlay obligations as well as the full project cost for the proposed project, with specified exceptions. The bill would also require the Judicial Council to conduct, or contract with an independent contractor to conduct, a reassessment of projects identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology, with specified exceptions. The bill would require a project to be reassessed and ranked according to criteria including the level of seismic risk, health and safety hazards, among other things.
(5) Existing law, until July 1, 2018, imposes a supplemental fee of $40 for filing any first paper subject to the uniform fee in certain civil proceedings, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2013–14 fiscal year.
This bill would extend the operation of the supplemental fee until July 1, 2023.
(6) Existing law, until July 1, 2018, requires a $1,000 fee to be paid on behalf of all plaintiffs, and by each defendant, intervenor, respondent, or adverse party to a civil action that is designated or determined to be a complex case. On and after July 1, 2018, existing law requires a fee of $550 to be paid under those circumstances. Existing law, until July 1, 2018, imposes a limitation of $18,000 on the total amount of complex fees collected from all defendants, intervenors, respondents, or other adverse parties appearing in a complex case. On and after July 1, 2018, existing law imposes a limitation of $10,000 on the amount of the fee required to be paid in those circumstances.
This bill would extend the operation of the $1,000 complex case fee and the $18,000 total fee limitation to July 1, 2023, thereby extending that higher fee rate and limitation until that date.
(7) Under existing law, the uniform fee for filing any specified motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is $60 until July 1, 2018, at which time that fee is reduced to $40.
This bill would extend the operation of the $60 filing fee to July 1, 2023, thereby extending that higher fee until that date.
(8) Under existing law, until January 1, 2018, the filing fee for a request for special notice is $40.
This bill would extend the operation of that filing fee to January 1, 2024.
(9) Existing law establishes procedures for adjudicating traffic violations. Under existing law, the court may provide for the trial of any alleged infraction involving a violation of the Vehicle Code, or any local ordinance adopted pursuant to that code, and the court is required to provide that the defendant may elect to have a trial by written declaration upon any of these alleged infractions.
This bill would, until June 30, 2022, require the Judicial Council to sponsor a pilot program to facilitate online adjudication of infraction violations of the Vehicle Code for which a personal appearance is not required. The bill would require the council to seek to select at least 8 courts that are willing to participate in the program. The bill would require the program to offer online adjudication of traffic infractions, including, among other things, an ability-to-pay determination. The bill would authorize the pilot court, among other dispositions, to waive, reduce, or suspend the amount due, in whole or in part, extend the time for payment or establish an installment plan, or allow community service in lieu of the amount due, as specified. The bill would establish procedures for determining a defendant’s ability to pay. The bill would require the Judicial Council to submit a report on the implementation of the pilot program to the Legislature on January 1, 2020, and January 1, 2021, and to submit an evaluation of the program to the Legislature no later than June 30, 2022.
(10) This bill would appropriate $4,000,000 from the General Fund to the Judicial Council, for transfer by the Controller to the Trial Court Trust Fund, to further the effort to expand interpreter services into all civil proceedings, as specified.
(11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 382.4 is added to the Code of Civil Procedure, to read:

382.4.
 If a proposed settlement in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement, provides for the distribution of money or any other thing of value to a person or entity that is not a party to the action, an attorney for a party to the action shall, in connection with the hearing for preliminary approval pursuant to subdivision (c) of Rule 3.769 of the California Rules of Court, notify the court if the attorney has a connection to or a relationship with a nonparty recipient of the distribution that could reasonably create the appearance of impropriety as between the selection of the recipient of the money or thing of value and the interests of the class.

SEC. 2.

 Section 384 of the Code of Civil Procedure is amended to read:

384.
 (a) It is the policy of the State of California to ensure that the unpaid cash residue and unclaimed or abandoned funds in class action litigation are distributed, to the fullest extent possible, in a manner designed either to further the purposes of the underlying class action or causes of action, or to promote justice for all Californians. The Legislature finds that the use of funds for these purposes is in the public interest, is a proper use of the funds, and is consistent with essential public and governmental purposes.
(b) Except as provided in subdivision (c), before the entry of a judgment in a class action established pursuant to Section 382 that provides for the payment of money to members of the class, the court shall determine the total amount that will be payable to all class members if all class members are paid the amount to which they are entitled pursuant to the judgment. The court shall also set a date when the parties shall report to the court the total amount that was actually paid to the class members. After the report is received, the court shall amend the judgment to direct the defendant to pay the sum of the unpaid residue or unclaimed or abandoned class member funds, plus interest on that sum at the legal rate of interest from the date of entry of the initial judgment, to nonprofit organizations or foundations to support projects that will benefit the class or similarly situated persons, or that promote the law consistent with the objectives and purposes of the underlying cause of action, to child advocacy programs, or to nonprofit organizations providing civil legal services to the indigent. The court shall ensure that the distribution of any unpaid residue or unclaimed or abandoned class member funds derived from multistate or national cases brought under California law shall provide substantial or commensurate benefit to California consumers. For purposes of this subdivision, “judgment” includes a consent judgment, decree, or settlement agreement that has been approved by the court.
(c) This section shall not apply to any class action brought against any public entity, as defined in Section 811.2 of the Government Code, or against any public employee, as defined in Section 811.4 of the Government Code. However, this section shall not be construed to abrogate any equitable cy pres remedy that may be available in any class action with regard to all or part of the cash residue or unclaimed or abandoned class member funds.

SEC. 3.

 Section 384.5 is added to the Code of Civil Procedure, to read:

384.5.
 If a judgment in a class action established pursuant to Section 382, including a consent judgment, decree, or settlement agreement that has been approved by a court, provides for a distribution of money or any other thing of value to a person or entity that is not a party to the action, the court shall transmit a copy of the order, judgment, or decree to the Judicial Council. The order, judgment, or decree shall contain, at a minimum, the information necessary for the California Research Bureau to complete the report required by Section 68520 of the Government Code.

SEC. 4.

 Section 68520 is added to the Government Code, to read:

68520.
 (a) On January 1, 2024, and on January 1 of every fifth year thereafter, the California Research Bureau shall prepare and publish on its Internet Web site a report containing information regarding the distribution of money or any other thing of value pursuant to a judgment in a class action established pursuant to Section 382 of the Code of Civil Procedure, if the judgment provides for a distribution to a person or entity that is not a party to the class action. The report shall cover judgments entered in class actions during the five-year period before the date of the filing of the report and shall contain, at a minimum, the following information:
(1) The name of the case.
(2) The cause of action resolved by the judgment, with a summary of the underlying allegations or supporting factual findings.
(3) The name of, and the amount distributed to, each nonparty person or entity.
(4) The name of the judge ordering the distribution.
(5) The purpose of the distribution to the nonparty person or entity and how the nonparty person or entity plans to expend the funds or proceeds received, if known.
(b) At the request of the California Research Bureau, the Judicial Council shall provide to the bureau copies of orders, judgments, and decrees that are necessary for the bureau to complete the report.

SEC. 5.

 Section 69104 of the Government Code is amended to read:

69104.
 The Court of Appeal for the Fourth Appellate District consists of three divisions. One division shall hold its regular sessions at San Diego and shall have 10 judges. One division shall hold its regular sessions in the San Bernardino/Riverside area and shall have eight judges. One division shall hold its regular sessions in Orange County and shall have eight judges.

SEC. 6.

 Section 69592 of the Government Code is amended to read:

69592.
 In the County of Riverside there are 53 judges of the superior court.

SEC. 7.

 Section 70371.7 of the Government Code is amended to read:

70371.7.
 (a) Prior to seeking the State Public Works Board establishment of the scope and cost, the Judicial Council shall submit a report to the Joint Legislative Budget Committee describing the scope, budget, schedule, number of courtrooms, number of secure holding cells, and square footage of administrative support space to be constructed or renovated. If the Joint Legislative Budget Committee fails to take any action with respect to each report within 30 days after submittal, this inaction shall be deemed to be approval for the purposes of this section, and the Judicial Council is authorized to proceed to acquire real property and complete preliminary plans.
(b) (1) Upon certification of the availability of funds within the Immediate and Critical Needs Account, and the establishment of the project scope and cost by the State Public Works Board, notwithstanding any other provision of law, the Judicial Council is authorized to acquire real property and to complete preliminary plans for the superior court capital outlay projects adopted by the Judicial Council on October 24, 2008, identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology, or most recent version thereof.
(2) It is the intent of the Legislature that funding for working drawings and construction be appropriated in the next annual Budget Act following approval by the State Public Works Board of preliminary plans completed pursuant to paragraph (1).
(3) The scope and cost of the projects, including augmentations, authorized by this section shall be subject to approval and administrative oversight by the State Public Works Board pursuant to Section 13332.11 or 13332.19. For purposes of this section, the availability of an augmentation for each individual project shall be calculated based on the total capital outlay cost as established by the board.
(c) (1) The Judicial Council shall submit to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget a long-term fund condition statement for the State Court Facilities Construction Fund and the Immediate and Critical Needs Account in conjunction with any future funding request for capital outlay to demonstrate that there is sufficient revenue to fully support all existing debt or capital outlay obligations as well as the full project cost for the proposed project for which the Judicial Council requests funding.
(2) This subdivision shall not apply to a capital outlay request pertaining to the construction of the new court facility projects approved in the Budget Act of 2018.

SEC. 8.

 Section 70371.9 is added to the Government Code, to read:

70371.9.
 (a) (1) The Judicial Council shall conduct, or contract with an independent contractor to conduct, a reassessment of those projects identified in its Update to Trial Court Capital-Outlay Plan and Prioritization Methodology adopted on October 24, 2008, or the most recent version of that update, if any. Other projects may be included for reassessment at the discretion of Judicial Council. The reassessment shall be submitted to the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget by December 31, 2019.
(2)  The Judicial Council may exclude from the reassessment those projects that were canceled prior to June 30, 2018, and those that were approved in the Budget Act of 2018.
(b) A project subject to this section shall be reassessed and ranked, at minimum, on each of the following:
(1) The criteria identified in the Update to Trial Court Capital-Outlay Plan and Prioritization Methodology adopted on October 24, 2008, or the most recent version of that update, if any.
(2) The level of seismic risk, environmental hazards, and other health and safety hazards.
(3) The impact on court users, including, but not limited to, the level of public access to court services, such as accessibility to the courthouse.
(4) The cost avoidance or savings that would be achieved due to the project through operational or organizational efficiencies created for the court or the state.
(5) Ways to minimize increased ongoing costs, including, but not limited to, trial court security and operating and maintenance costs.
(6) A comparison of the cost to repair or renovate the existing facility versus the cost of replacement.
(7) The projected cost of each proposed project, per court user.
(8) The total costs spent on the project as of the date of the assessment.

SEC. 9.

 Section 70602.6 of the Government Code is amended to read:

70602.6.
 (a) Notwithstanding any other law, a supplemental fee of forty dollars ($40) shall be collected for filing any first paper subject to the uniform fee that is set at three hundred fifty-five dollars ($355) under Sections 70611, 70612, 70650, 70651, 70652, 70653, 70655, 70658, and 70670. The total fee collected under these sections, which includes the supplemental fee, shall be deposited and distributed as provided in Sections 68085.3 and 68086.1, as applicable.
(b) The fee imposed under this section is in addition to any other fees authorized by law, including, but not limited to, the fees authorized in Section 70602.5.
(c) After the 2013–14 fiscal year, if the amount of the General Fund transfer to the Trial Court Trust Fund is decreased more than 10 percent from the amount appropriated in the 2013–14 fiscal year and is not offset by another source of revenue other than court fees so as to result in a net reduction in funding greater than 10 percent, then the amount of the supplemental fees provided in subdivision (a) shall be decreased proportionally. The Judicial Council shall adopt and publish a schedule setting the fees resulting from the decrease.
(d) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 10.

 Section 70616 of the Government Code, as amended by Section 6 of Chapter 26 of the Statutes of 2015, is amended to read:

70616.
 (a) In addition to the first paper filing fee required by Section 70611 or 70613, a single complex case fee shall be paid to the clerk on behalf of all plaintiffs, whether filing separately or jointly, either at the time of the filing of the first paper if the case is designated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order.
(b) In addition to the first appearance fee required under Section 70612 or 70614, a complex case fee shall be paid on behalf of each defendant, intervenor, respondent, or adverse party, whether filing separately or jointly, either at the time that party files its first paper in a case if the case is designated or counterdesignated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order. This additional complex fee shall be charged to each defendant, intervenor, respondent, or adverse party appearing in the case, but the total complex fees collected from all the defendants, intervenors, respondents, or other adverse parties appearing in a complex case shall not exceed eighteen thousand dollars ($18,000).
(c) In each case in which the court determines that a case that has been designated or counterdesignated as complex is not a complex case, the court shall order reimbursement to the parties of the amount of any complex case fees that the parties have previously paid pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees actually collected exceed, or if collected would exceed, the limit in subdivision (b), the court shall make an order necessary to ensure that the total complex fees paid by the defendants, intervenors, respondents, or other adverse parties appearing in the case do not exceed the limit and that the complex fees paid by those parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be one thousand dollars ($1,000), unless the fee is reduced pursuant to this section. The fee shall be transmitted to the Trial Court Trust Fund as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.
(h) The amendments made to this section during the 2011–12 Regular Session of the Legislature do not constitute a change in, but are declaratory of, existing law.
(i) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 11.

 Section 70616 of the Government Code, as amended by Section 7 of Chapter 26 of the Statutes of 2015, is amended to read:

70616.
 (a) In addition to the first paper filing fee required by Section 70611 or 70613, a single complex case fee shall be paid to the clerk on behalf of all plaintiffs, whether filing separately or jointly, either at the time of the filing of the first paper if the case is designated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order.
(b) In addition to the first appearance fee required under Section 70612 or 70614, a complex case fee shall be paid on behalf of each defendant, intervenor, respondent, or adverse party, whether filing separately or jointly, either at the time that party files its first paper in a case if the case is designated or counterdesignated as complex pursuant to the California Rules of Court, or, if no such designation was made, in each case in which a court determines that the case is a complex case pursuant to the California Rules of Court, within 10 calendar days of the filing of the court’s order. This additional complex fee shall be charged to each defendant, intervenor, respondent, or adverse party appearing in the case, but the total complex fees collected from all the defendants, intervenors, respondents, or other adverse parties appearing in a complex case shall not exceed ten thousand dollars ($10,000).
(c) In each case in which the court determines that a case that has been designated or counterdesignated as complex is not a complex case, the court shall order reimbursement to the parties of the amount of any complex case fees that the parties have previously paid pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees actually collected exceed, or if collected would exceed, the limit in subdivision (b), the court shall make an order necessary to ensure that the total complex fees paid by the defendants, intervenors, respondents, or other adverse parties appearing in the case do not exceed the limit and that the complex fees paid by those parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be five hundred fifty dollars ($550), unless the fee is reduced pursuant to this section. The fee shall be transmitted to the Trial Court Trust Fund as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have the same effect as the failure to pay a filing fee, and shall be subject to the same enforcement and penalties.
(h) The amendments made to the predecessor to this section during the 2011–12 Regular Session of the Legislature do not constitute a change in, but are declaratory of, existing law.
(i) This section shall become operative on July 1, 2023.

SEC. 12.

 Section 70617 of the Government Code, as amended by Section 8 of Chapter 26 of the Statutes of 2015, is amended to read:

70617.
 (a) Except as provided in subdivisions (d) and (e), the uniform fee for filing a motion, application, or any other paper requiring a hearing subsequent to the first paper, is sixty dollars ($60). Papers for which this fee shall be charged include the following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling defendant’s property under Section 491.110 or 491.150 of the Code of Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special proceeding.
(6) An application for an order for a judgment debtor examination under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing any of the following:
(1) A motion, application, demurrer, request, notice, or stipulation and order that is the first paper filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of a minor.
(10) A paper requiring a hearing on a petition for an order to prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of change of name or gender.
(13) A paper requiring a hearing on a petition to approve the compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the continuance of a hearing or case management conference. The fee shall be charged no more than once for each continuance. The fee shall not be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by posting or by publication under Section 415.45 or 415.50 of the Code of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to appear as counsel pro hac vice is five hundred dollars ($500). This fee is in addition to any other fee required of the applicant. Two hundred fifty dollars ($250) of the fee collected under this paragraph shall be transmitted to the state for deposit into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5. The remaining two hundred fifty dollars ($250) of the fee shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.
(2) An attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual renewal fee of five hundred dollars ($500) for each year that the attorney maintains pro hac vice status in the case in which the application was granted. The entire fee collected under this paragraph shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a), (c), (d), and (e) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(g) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 13.

 Section 70617 of the Government Code, as amended by Section 9 of Chapter 26 of the Statutes of 2015, is amended to read:

70617.
 (a) Except as provided in subdivisions (d) and (e), the uniform fee for filing a motion, application, or any other paper requiring a hearing subsequent to the first paper, is forty dollars ($40). Papers for which this fee shall be charged include the following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling defendant’s property under Section 491.110 or 491.150 of the Code of Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special proceeding.
(6) An application for an order for a judgment debtor examination under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) or (c) for filing any of the following:
(1) A motion, application, demurrer, request, notice, or stipulation and order that is the first paper filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of a minor.
(10) A paper requiring a hearing on a petition for an order to prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of change of name or gender.
(13) A paper requiring a hearing on a petition to approve the compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the continuance of a hearing or case management conference. The fee shall be charged no more than once for each continuance. The fee shall not be charged if the continuance is required by the court.
(2) A stipulation and order.
(3) A request for an order authorizing service of summons by posting or by publication under Section 415.45 or 415.50 of the Code of Civil Procedure.
(d) The fee for filing a motion for summary judgment or summary adjudication of issues is five hundred dollars ($500).
(e) (1) The fee for filing in the superior court an application to appear as counsel pro hac vice is five hundred dollars ($500). This fee is in addition to any other fee required of the applicant. Two hundred fifty dollars ($250) of the fee collected under this paragraph shall be transmitted to the state for deposit into the Immediate and Critical Needs Account of the State Court Facilities Construction Fund, established in Section 70371.5. The remaining two hundred fifty dollars ($250) of the fee shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.
(2) An attorney whose application to appear as counsel pro hac vice has been granted shall pay to the superior court, on or before the anniversary of the date the application was granted, an annual renewal fee of five hundred dollars ($500) for each year that the attorney maintains pro hac vice status in the case in which the application was granted. The entire fee collected under this paragraph shall be transmitted to the state for deposit into the Trial Court Trust Fund, established in Section 68085.
(f) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a), (c), (d), and (e) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(g) This section shall become operative on July 1, 2023.

SEC. 14.

 Section 70657 of the Government Code, as amended by Section 10 of Chapter 26 of the Statutes of 2015, is amended to read:

70657.
 (a) Except as provided in subdivision (c), the uniform fee for filing a motion or other paper requiring a hearing subsequent to the first paper in a proceeding under the Probate Code, other than a petition or application or opposition described in Sections 70657.5 and 70658, is sixty dollars ($60). This fee shall be charged for the following papers:
(1) Papers listed in subdivision (a) of Section 70617.
(2) Applications for ex parte relief, whether or not notice of the application to any person is required, except an ex parte petition for discharge of a personal representative, conservator, or guardian upon completion of a court-ordered distribution or transfer, for which no fee shall be charged.
(3) Petitions or applications, or objections, filed subsequent to issuance of temporary letters of conservatorship or guardianship or letters of conservatorship or guardianship that are not subject to the filing fee provided in subdivision (a) of Section 70658.
(4) The first or subsequent petition for temporary letters of conservatorship or guardianship.
(b) There shall be no fee under subdivision (a) for filing any of the papers listed under subdivision (b) of Section 70617.
(c) The summary judgment fee provided in subdivision (d) of Section 70617 shall apply to summary judgment motions in proceedings under the Probate Code.
(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a) and (c) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e) No fee is payable under this section for a petition or opposition filed subsequent to issuance of letters of temporary guardianship or letters of guardianship in a guardianship described in Section 70654.
(f) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 15.

 Section 70657 of the Government Code, as amended by Section 11 of Chapter 26 of the Statutes of 2015, is amended to read:

70657.
 (a) Except as provided in subdivision (c), the uniform fee for filing a motion or other paper requiring a hearing subsequent to the first paper in a proceeding under the Probate Code, other than a petition or application or opposition described in Sections 70657.5 and 70658, is forty dollars ($40). This fee shall be charged for the following papers:
(1) Papers listed in subdivision (a) of Section 70617.
(2) Applications for ex parte relief, whether or not notice of the application to any person is required, except an ex parte petition for discharge of a personal representative, conservator, or guardian upon completion of a court-ordered distribution or transfer, for which no fee shall be charged.
(3) Petitions or applications, or objections, filed subsequent to issuance of temporary letters of conservatorship or guardianship or letters of conservatorship or guardianship that are not subject to the filing fee provided in subdivision (a) of Section 70658.
(4) The first or subsequent petition for temporary letters of conservatorship or guardianship.
(b) There shall be no fee under subdivision (a) for filing any of the papers listed under subdivision (b) of Section 70617.
(c) The summary judgment fee provided in subdivision (d) of Section 70617 shall apply to summary judgment motions in proceedings under the Probate Code.
(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required by subdivisions (a) and (c) apply separately to each motion or other paper filed. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e) No fee is payable under this section for a petition or opposition filed subsequent to issuance of letters of temporary guardianship or letters of guardianship in a guardianship described in Section 70654.
(f) This section shall become operative on July 1, 2023.

SEC. 16.

 Section 70662 of the Government Code is amended to read:

70662.
 (a) The filing fee for a request for special notice pursuant to Sections 1250, 2700, and 17204 of the Probate Code is forty dollars ($40). This fee shall be in addition to any other fee charged for a paper filed concurrently with a request for special notice.
(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2024, deletes or extends that date.

SEC. 17.

 Section 70677 of the Government Code, as amended by Section 12 of Chapter 26 of the Statutes of 2015, is amended to read:

70677.
 (a) The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is sixty dollars ($60). Papers for which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorney’s fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 5700.602 of the Family Code.
(4) An application to determine the judgment after entry of default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e) This section shall become inoperative on July 1, 2023, and, as of January 1, 2024, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2024, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 18.

 Section 70677 of the Government Code, as amended by Section 13 of Chapter 26 of the Statutes of 2015, is amended to read:

70677.
 (a) The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is forty dollars ($40). Papers for which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorney’s fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 5700.602 of the Family Code.
(4) An application to determine the judgment after entry of default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e) This section shall become operative on July 1, 2023.

SEC. 19.

 Chapter 1.5 (commencing with Section 40280) is added to Division 17 of the Vehicle Code, to read:
CHAPTER  1.5. Pilot Program for Online Adjudication of Infraction Violations

40280.
 It is the intent of the Legislature to create a pilot program to increase access to the courts by authorizing the online adjudication of infraction violations of this code and by authorizing online ability-to-pay determinations. It is further the intent of the Legislature to permit a pilot court to reduce, waive, or suspend bail, base fines, fees, including mandatory fees, penalties, and civil assessments, as part of any ability-to-pay determination.

40281.
 The Judicial Council shall sponsor a pilot program to facilitate online adjudication of any infraction violations of this code for which a personal appearance is not required. The Judicial Council shall seek to select at least eight courts that are willing to participate in the program. To achieve a diverse sample when selecting pilot courts, the Judicial Council shall consider geography and court size when making the selection. At least one county shall have a population of between 500,000 people and 1 million people, and at least one county shall have a population of more than 1 million people.

40282.
 (a) As part of the pilot program, the Judicial Council, through its delegates, shall develop an online tool for adjudicating infraction violations.
(b) A pilot court shall offer online adjudication of traffic infractions, including allowing a defendant to request an ability-to-pay determination and at least three of the following provisions:
(1) Agree to post and forfeit bail.
(2) Request to forfeit bail in installments pursuant to Section 40510.5.
(3) Request an online trial.
(4) Request a continuance.
(5) Request a date to appear in court.
(c) The online tool shall recommend a reduction of 50 percent or more of the total amount due, as defined in subdivision (d) of Section 40283, for all defendants who are in receipt of CalFresh benefits as provided in Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code, or who have established an inability to pay pursuant to subdivision (a) of Section 40284. The court shall make express findings if it deviates from the online tool recommendation by ordering a defendant to pay an amount greater than the recommendation under this subdivision.
(d) The online tool shall recommend a payment of no more than twenty-five dollars ($25) per month for a defendant who is eligible for a reduction pursuant to subdivision (c) and requests an installment plan.
(e) The online tool shall provide information in Spanish, English, and any other languages the court chooses.
(f) As feasible, pilot courts shall notify defendants of the result of the ability-to-pay determination within 30 days.
(g) A pilot court may not compel a defendant to use the online tool.

40283.
 Notwithstanding any other law, a pilot court may, by adopting a local rule, make ability-to-pay determinations under the procedures authorized in this section.
(a) A pilot court may allow defendants to agree to forfeit bail, plead guilty, or plead nolo contendere, and request an ability-to-pay determination. For purposes of this subdivision:
(1) A defendant need not post bail or pay any fines or fees prior to an ability-to-pay determination.
(2) The date that the defendant agrees to forfeit bail, plead guilty, or plead nolo contendere shall be reported as the date of conviction for purposes of reporting violations of this code to the department under Section 1803.
(3) If a defendant agrees to forfeit bail, plead guilty, or plead nolo contendere, and requests an ability-to-pay determination, the matter will be considered adjudicated for purposes of an ability-to-pay determination.
(b) Based on any ability-to-pay determination, a pilot court may do any of the following:
(1) Waive or reduce the sum of the total amount due for an infraction.
(2) Extend the time for payment or provide for payment on an installment plan, including those amounts due after any reduction under paragraph (1).
(3) Allow the defendant to complete community service in lieu of the total amount due. If a defendant qualifies for a reduction in the total amount due, the court may allow the defendant to complete the community service in lieu of the payment on the reduced amount.
(4) Suspend the total amount due in whole or in part.
(5) Offer an alternative disposition.
(c) A court may consider ability-to-pay determination requests submitted through an online tool.
(d) For purposes of this section, the “total amount due” is the sum of the base fine, penalty assessments, civil assessments, and fees, including mandatory fees, owed and unpaid by the defendant.
(e) This section does not preclude a court that is not participating in the pilot program from adopting procedures or rules of court in accordance with this section.

40284.
 If a court elects to make available any of the procedures in Section 40283, the following shall apply to determinations made under those procedures:
(a) The defendant shall have the burden of establishing that he or she does not have the ability to pay. Pilot courts shall establish criteria for the determination of an inability to pay, and in doing so shall consider factors including, at a minimum:
(1) Receipt of any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code.
(2) A monthly income of 125 percent or less of the current poverty guidelines, as updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to Section 9902 of Title 42 of the United States Code.
(b) The court shall have the discretion to make an order consistent with the defendant’s present and reasonably discernible future financial circumstances.
(c) Except as provided for in subdivision (c) of Section 40282, the court is not required to make express findings as to the factors bearing on the determination or the amount it orders payable by the defendant.
(d) After an initial ability-to-pay determination, a defendant may make additional ability-to-pay requests only if all or a portion of the amount the court ordered payable by the defendant remains unpaid and the defendant can show a change in financial circumstances regarding his or her ability to pay.

40285.
 (a) A pilot court that allows ability-to-pay determinations to be made through an online tool may allow the online tool to electronically verify through encrypted transmittal whether the defendant receives public benefits, defined as any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code, by accessing a statewide, county, or other political subdivision of the state database, including, but not limited to, the State Department of Social Services. The court shall not access data regarding the type of benefit received.
(b) The court shall obtain the defendant’s consent before the online application may electronically verify benefits.
(c) The online application process shall do all of the following:
(1) Present the results of the verification described in subdivision (a) to a defendant for his or her review.
(2) Inquire whether the defendant wants to submit the results in support of his or her ability-to-pay petition.
(3) Notify the court of the public benefits query only if the defendant consents to presenting the results to the court.
(4) Inform the defendant of the following information:
(A) A defendant has the burden of establishing his or her inability to pay.
(B) The online verification is one of the possible means of substantiating the inability to pay.
(C) Other accepted means of verifying inability to pay.
(D) A defendant may upload other evidence in addition to or in lieu of the verification results.

40286.
 Each pilot court may, by adopting a local rule, authorize the clerk of the court to make ability-to-pay determinations on requests submitted through the use of an online tool. If a pilot court authorizes the clerk of the court to make those determinations, the following shall apply:
(a) The determinations shall be based on specified criteria as established by the pilot court and posted on its Internet Web site. The criteria may include whether the defendant is receiving public benefits, including those listed in subdivision (a) of Section 68632 of the Government Code. The pilot court may establish criteria that waive or reduce the sum of the base fine, penalty assessments, civil assessments, and fees, including mandatory fees, owed by the defendant, by a specified amount, by a specified percentage, or by other specified criteria.
(b) The court shall obtain the defendant’s consent for the clerk to make the determination.
(c) A defendant shall have the right to a review by a judicial officer of any ability-to-pay determination made pursuant to subdivision (a) upon a written request made within 10 days of the determination.
(d) The court shall give the defendant notice electronically, accompanying the determination that has been reached by the clerk of the court through use of a formula adopted by the court, that the defendant has the right to a review of the ability-to-pay determination by a judicial officer.

40287.
 A pilot court may offer online trials through an online tool as part of the pilot program. If a pilot court elects to offer online trials as part of the pilot program, it shall also continue to make trials by written declaration under Section 40902 available to defendants. If a pilot court makes online trials available to defendants, the following shall apply to all online trials and trials by written declaration adjudicated during the pilot, notwithstanding Section 40902:
(a) A defendant shall elect to have an online trial or trial by written declaration prior to the appearance date indicated on the notice to appear, unless the court grants the defendant an extension, or the court permits the defendant to have an online trial or trial by written declaration at a later date.
(b) If a defendant elects to have a trial through the online tool or trial by written declaration, the court shall not require the defendant submit bail in advance, unless the court makes express findings as to why a particular defendant shall be required to post bail.
(c) Testimony and other relevant evidence may be introduced in the form of a notice to appear issued under Section 40500, a business record or receipt, a sworn declaration of the arresting officer, and a sworn declaration by the defendant.
(d) If a defendant elects to have a trial through the online tool or trial by written declaration, the defendant shall not have a right to a trial de novo.
(e) The pilot court may adopt local rules or forms to be consistent with this section, and the rules and forms shall govern proceedings under this section during the pilot that would otherwise have been governed by the forms and California Rules of Court adopted by the Judicial Council.

40288.
 (a) The Judicial Council may adopt rules and forms as may be necessary or appropriate to implement this chapter.
(b) On January 1, 2020, and January 1, 2021, the Judicial Council shall report to the Legislature on the implementation of the pilot program. These reports shall include, but are not limited to, the following:
(1) Demographic information on defendants using the online tool, as reported by the defendant, including, but not limited to, income level, public benefits status, and ZIP Code.
(2) Information on all violations processed by the tool, including initial fine and fee totals, adjusted fines and fees as recommended by the online system, and the final judicial order.
(3) Number of individuals using each of the activities authorized pursuant to Section 40282.
(4) Information on the implementation of the pilot program in each of the courts, including any local practices or policies adopted pursuant to the pilot program.
(c) No later than June 30, 2022, the Judicial Council shall provide to the Legislature an evaluation of the pilot. Where possible, the report shall compare court data and practices in the pilots as of June 30, 2018, to data collect during the pilot program. The report shall include the data collected for the report in subdivision (b) and the following information:
(1) An estimate of the costs of the online pilot program to the state and participating courts.
(2) The total amount of initial fines and fees assessed.
(3) The total amount of adjusted fines and fees recommended by the online tool.
(4) The total amount of fines and fees ordered.
(5) Of the total amount of fines and fees ordered, the total amount collected.
(6) A comparison of the number of users of the online pilot program with total traffic infraction filings in participating courts.
(7) Monthly payment plan arrangements ordered and payment plan adherence.
(8) Findings from a survey of judicial officers, defendants, and court staff, designed to assess ease of use and satisfaction with results.
(9) An assessment of the overall effectiveness of the program, including implementation challenges and recommendations for improving them.
(d) The reports to be submitted pursuant to subdivisions (b) and (c) shall be submitted in compliance with Section 9795 of the Government Code.
(e) This chapter shall remain in effect only until June 30, 2022, and as of January 1, 2023, is repealed, unless a later enacted statute that is enacted before January 1, 2023, deletes or extends that date.

SEC. 20.

 The sum of four million dollars ($4,000,000) is hereby appropriated from the General Fund to the Judicial Council, for transfer by the Controller to the Trial Court Trust Fund, to further the effort to expand interpreter services into all civil proceedings. These funds shall be used to support court interpreter services and shall not be utilized for other language-access expenditures incurred by the courts. These funds shall be available for encumbrance or expenditure until June 30, 2019, and available for liquidation until June 30, 2021.

SEC. 21.

 This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.