CCRAs Final 2011 Legislation Update

AB 110

(Blumenfield  [D] ) Courts.
Status: 08/30/2011-Chaptered by Secretary of State - Chapter No. 193, Statutes of 2011
Current Location: 08/30/2011-A CHAPTERED

Summary: Among other provisions, existing law provides that, within 60 days after judgment has been pronounced, the clerk of the court shall mail a copy of the charging documents, the transcript of the proceedings at the time of the defendant's guilty plea if the defendant pleaded guilty, and the transcript of the proceedings at the time of sentencing, with postage prepaid, to the prison or other institution to which the person convicted is delivered. This bill would limit the above provisions to cases in which the judgment imposed includes a sentence of death or an indeterminate term with or without the possibility of parole, and additionally require the clerk of the court to include a copy of any waiver or plea forms. The bill would provide similar provisions without the 60-day requirement for all other cases, except that a transcript of the proceedings would be included only upon written request by the Department of Corrections and Rehabilitation, or by an inmate, or by his or her counsel, for specified purposes, including an appeal. The bill would also make an appropriation of $1,000 to the Administrative Office of the Courts, for support of trial court operations, payable from the Trial Court Trust Fund. This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill. 

AB 141

(Fuentes  [D] ) Jurors: electronic communications.
Status: 08/05/2011-Chaptered by the Secretary of State, Chapter Number 181, Statutes of 2011
Current Location: 08/05/2011-A CHAPTERED

Summary:  Existing law requires the court in a jury trial to admonish the jury that it is their duty not to converse with, or permit themselves to be addressed by, any other person on any subject of the trial. The court is required to provide the admonishment in a civil proceeding when the jurors are permitted to separate during the trial, and when the case is submitted to the jury, and, in a criminal proceeding, after the jury has been sworn and before the people's opening address, at each adjournment of the court, and when the jurors are permitted by the court to separate after the case is submitted to the jury. An officer having the jury under his or her charge shall not permit any communication to be made to them, or make any himself or herself, as specified. This bill would expand those admonishments to include the conduct of research or dissemination of information on any subject of the trial. The bill would require the court, when admonishing the jury against conversation, research, or dissemination of information pursuant to these provisions, to clearly explain, as part of the admonishment, that the prohibition applies to all forms of electronic and wireless communication. The bill would require the officer in charge of a jury to prevent any form of electronic or wireless communication. This bill contains other related provisions and other existing laws. 

AB 214

(Davis  [D] ) Professional photocopiers.
Status: 09/21/2011-Chaptered by the Secretary of State, Chapter Number 287, Statutes of 2011
Current Location: 09/21/2011-A CHAPTERED

Summary:  Existing law provides for regulation of professional photocopiers, including a requirement for issuance of an identification card by the county clerk. This bill would require the identification card for an employee of a professional photocopier or a partnership or corporation to contain a photograph of the employee. By imposing additional duties on county clerks, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.  

AB 973

(Campos  [D] ) Trial courts: budget process: public notice.
Status: 10/09/2011-Chaptered by the Secretary of State, Chapter Number 687, Statutes of 2011
Current Location: 10/09/2011-A CHAPTERED

Summary: Existing law requires a trial court to provide written notification to the public by conspicuous posting within or about its facilities, on its public Internet Web site, and to the JudicialCouncil, not less than 60 days prior to closing any courtroom, or closing or reducing the hours of clerks' offices during regular business hours on any day, except as specified. This bill, among other things, would require a trial court to also provide notification by electronic distribution to individuals who have subscribed to the court's electronic distribution service. The bill would require those required notifications to include information on how the public may provide written comments during the 60-day period on the court's plan for closing a courtroom, or closing or reducing the hours of clerks' offices. The bill would require the court to review and consider all public comments received and immediately post a revised notice if the court's plan changes as a result of the comments received. 

AB 1208

(Calderon, Charles  [D] ) Trial courts: administration.
Status: 07/13/2011-Failed Deadline pursuant to Rule 61(a)(10). (Last location was THIRD READING on 5/27/2011)
Current Location: 07/13/2011-A THIRD READING

Summary: This bill would , among other things, delete the provisions relating to the manner in which the Judicial Council allocates funding for trial court operations, and would instead require that the amount allocated to each trial court from the amount appropriated for trial court operations be equal to the pro rata share of the prior fiscal year's adjusted base budget, except as provided. The bill would require the Legislature, based on the information submitted in the Governor's proposed budget, and prior to the allocation of funds to each local trial court in accordance with the allocation schedule adopted by the Judicial Council, to specify, in each annual Budget Act, the funding amounts to be allocated for programs of statewide concern from the total funds appropriated for trial court operations by the Legislature. The bill would prohibit the Judicial Council, or its designee, from withholding or expending any portion of the total funds appropriated for trial court operations by the Legislature for any statewide information technology or administrative infrastructure program that was not identified in the annual Budget Act, unless the Judicial Council, or its designee, first obtains the written approval of 662/3% of a proportional representation of all local trial courts. The bill would require the Judicial Council, or its designee, to allocate 100% of the funds appropriated for trial court operations according to each court's share of statewide operational funding. Existing law provides that the Judicial Council retains the ultimate responsibility to adopt a budget and allocate funding for the trial courts, as specified, and empowers the Judicial Council to authorize a trial court to carry unexpended funds over from one fiscal year to the next. This bill would delete those provisions and would instead provide that unexpended funds shall be the funds of that court, which may carry those funds over from one fiscal year to the next. The bill would prohibit those funds from being reallocated or redirected without the consent of the management of the trial court. 

ACR 47

(Davis  [D] ) Courts: 50th anniversary of service by African American justices.
Status: 05/11/2011-From committee chair, with author's amendments: Amend, and re-refer to committee. Amended and re-referred to Com. on RLS.
Current Location: 05/11/2011-S RLS.

Summary: This measure would acknowledge the 50th anniversary of service by African American justices in the California Courts, and would encourage all Californians to share in statewide and local celebrations throughout the year to recognize the contributions and diversity of these and other judicial trailblazers. The bill would also call upon the leadership of the judicial, legislative, and executive branches of government, and the greater legal, educational, and justice communities, to sponsor and participate in educational and outreach activities that highlight the work of the justices of the California Courts of Appeal and the California Supreme Court. 

SB 221

(Simitian  [D] ) Small claims court: jurisdiction.
Status: 07/08/2011-Chaptered by Secretary of State - Chapter 64, Statutes of 2011.
Current Location: 07/08/2011-S CHAPTERED

Summary: Existing law specifies that the jurisdiction of the small claims court includes various actions in which the demand does not exceed $7,500, with specified exceptions. This bill would increase the jurisdiction of the small claims court by increasing that amount to $10,000. The bill would also make a technical change by deleting a duplicate code section that contains identical provisions. 

SB 326

(Yee  [D] ) Court records: public access.
Status: 09/01/2011-From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
Current Location: 09/01/2011-A APPR.

Summary: Existing law requires the Judicial Council to adopt rules of court to establish the standards and guidelines for the creation, maintenance, reproduction, and preservation of court records, and requires that these standards and guidelines reflect industry standards for each medium used, ensure the accuracy and preserve the integrity of the records, and ensure that the public can access and reproduce the records. Specifically, unless access is otherwise restricted by law, court records created, maintained, preserved, or reproduced under specified provisions are required to be made reasonably accessible to all members of the public for viewing and duplication, and electronic court records must be viewable at the court, whether or not they are accessible remotely. Additionally, rules of court require courts to provide public access to electronic records, as specified. This bill would require the Judicial Council , in consultation with stakeholder groups, and within 18 months of the date of enactment of this act, to adopt a rule of court to require courts that have fully implemented the California Case Management System to provide the public , to the extent possible and practicable, with same-day access to case-initiating civil and criminal court records, as defined. 

SB 405

(Corbett  [D] ) Judgeships.
Status: 10/09/2011-Chaptered by the Secretary of State, Chapter Number 705, Statutes of 2011
Current Location: 10/09/2011-S CHAPTERED

Summary:  This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2011-12 fiscal year where the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to these provisions. 

SB 671

(Price  [D] ) Shorthand reporters: continuing education requirements.
Status: 09/30/2011-Vetoed by the Governor
Current Location: 09/30/2011-S VETOED

Summary: Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California in the Department of Consumer Affairs, and provides for the regulation of shorthand reporting schools by the board. Existing law provides for the renewal of a shorthand reporter's certificate if specified requirements are met. Existing law sets forth specified fees for the examination for, and the issuance and renewal of, a shorthand reporter's certificate. This bill would require the board, on or before July 1, 2012, to adopt regulations to establish minimum approved continuing education requirements for renewal of a shorthand reporter's certificate, with certain exceptions, and would require the board to establish a procedure for approving providers of continuing education courses, as specified. The bill would also authorize the board to, by regulation, establish a fee for approval of a continuing education provider, in an amount no greater than $40, to cover the reasonable regulatory cost to the board of approving those providers. 

SCR 38

(Price  [D] ) Courts: 50th anniversary of service by African American justices.
Status: 05/02/2011-Referred to Com. on RLS.
Current Location: 05/02/2011-A RLS.

Summary: This measure would acknowledge the 50th anniversary of service by African American justices in the California Courts, and would encourage all Californians to share in statewide and local celebrations throughout the year to recognize the contributions and diversity of these and other judicial trailblazers. The bill would also call upon the leadership of the judicial, legislative, and executive branches of government, and the greater legal, educational, and justice communities, to sponsor and participate in educational and outreach activities that highlight the work of the justices of the California Courts of Appeal and the California Supreme Court.