BILL NUMBER: AB 2256 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Garcia
FEBRUARY 21, 2014
An act to amend Sections 415.21, 415.95, 491.160, 684.115,
700.140, 708.170, and 1993 of, and to add Section 415.35 to, the Code
of Civil Procedure, to amend Sections 6103.2, 6103.3, 6103.9,
26720.9, 26721, 26721.2, 26722, 26723, 26725.1, 26726, 26727,
26728.1, 26729, 26730, 26731, 26733.5, 26736, 26738, 26740, 26741,
26744.5, 26746, 26746.1, and 26750 of, to add Section 26725.2 to, and
to repeal Section 26744 of, the Government Code, and to amend
Section 166 of, and to amend, repeal, and add Section 1214.2 of the
Penal Code, relating to civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2256, as introduced, Garcia. Civil procedure: service and fees:
sheriffs.
(1) Existing law establishes the procedures by which a person or
business organization may be served a summons and complaint in a
civil action. Existing law authorizes service on a business
organization, form unknown, by leaving a copy of the summons and
complaint during usual office hours and by mailing a copy of the
summons and complaint, as specified.
This bill would additionally authorize a sheriff or marshal to
serve a summons and complaint by mail, as specified, and would allow
the person or business organization to accept service by mail by
executing a written acknowledgment of receipt of summons, upon which
date service would be deemed complete. The bill also would prohibit a
sheriff or marshal from serving a summons on a business organization
without ascertaining the form of the organization.
(2) Existing law requires, when a gated community is staffed by a
guard or other security personnel assigned to control access to the
community, that a person be granted access to the gated community for
a reasonable period of time to perform service of process or service
of a subpoena, as specified.
This bill would delete those provisions and instead require a
county sheriff, marshal, registered process server, or licensed
private investigator to be granted access to a gated community for a
reasonable period of time to perform service of process or service of
a subpoena, regardless of whether there is a guard or other security
personnel present.
(3) Existing law establishes procedures for service of various
legal processes on financial institutions, and establishes procedures
for service of process and execution of levies at a financial
institution's central locations and other branches. Existing law
prohibits service of legal process at a location other than a central
location unless the financial institution elects to act upon the
process as if it were effective, and authorizes a financial
institution to respond to the legal process in the absence of an
election, as specified. Existing law also requires a levying officer
to personally serve specified documents on the financial institution
in order to levy upon a deposit account.
This bill would instead require the financial institution to
respond to the legal process, as specified, if service of legal
process is ineffective. The bill also would permit a levying officer
to serve specified documents on a central bank location in another
county either by authorizing service by a sheriff in that county on
behalf of the levying officer, as specified, or by electronic
service, as specified.
(4) Existing law permits a court, in specified circumstances in
civil actions for attachment and enforcement of judgments, to issue a
warrant when a person fails to appear for an examination as ordered
by the court and permits the court to punish that person for
contempt. Existing law establishes fees for serving and executing
these bench warrants. Existing law establishes procedures, as
specified, as an alternative to issuing a warrant for contempt,
pursuant to which a court may issue an arrest warrant for a witness
who failed to appear pursuant to a subpoena or a person who failed to
appear pursuant to a court order. Existing law specifies the
contents of the arrest warrant, including a command to bring the
person to be arrested before the court for the setting of bail in the
amount of the warrant, or to release on the person's own
recognizance.
This bill would allow a bench warrant to be directed to any peace
officer, and would delete the provision establishing fees for serving
or executing a bench warrant. The bill also would remove the
requirement that bail be set in the amount of the arrest warrant.
(5) Existing law authorizes a sheriff or marshal, for any order or
injunction relating to harassment, workplace violence, domestic
violence, or elder abuse, for which the sheriff or marshal provides
service of process, to notify the protected person by electronic or
telephonic means that the order or injunction has been served on the
restrained person, as specified.
This bill would remove the requirement that an order or injunction
be related to harassment, workplace violence, domestic violence, or
elder abuse, and would authorize the sheriff to, in lieu of or in
addition to providing notice by electronic or telephonic means, to
publish notice of service of process on the sheriff's Internet Web
site.
(6) Existing law prescribes fees for serving, executing, and
processing required court notices, writs, orders, and other services
provided by sheriffs and marshals. Under existing law, a sheriff or
marshal, in connection with the service of process or notices, is
authorized to require prepayment of all fees that a person or entity
is required to pay under specified provisions of law, except as to
the district attorney's office or local child support agency, as
specified.
This bill would revise and increase the fees for services provided
by sheriffs or marshals, as specified, and would authorize a sheriff
or marshal to submit a billing to a local child support agency for
payment of fees for services rendered.
(7) Existing law authorizes the enforcement of an order to pay a
fine as a condition of a defendant's probation, as specified.
This bill would authorize a sheriff, upon the request of a
prosecutor, to access criminal record offender information for the
purpose of identifying the defendant's employer to assist the
prosecutor in seeking to obtain a levy on the defendant's wages, as
specified, and would authorize the sheriff or marshal to assess a fee
of $100 for accessing the criminal record offender information.
These provisions would remain in effect only until January 1, 2016.
(8) Under existing law, a willful and knowing violation of a
protective order or stay-away court order issued relating to a victim
or witness in a pending criminal proceeding involving domestic
violence, issued as a condition of probation after a conviction in a
criminal proceeding involving domestic violence or elder or dependent
adult abuse, or issued under other specified conditions, constitutes
contempt of court, a misdemeanor, punishable by imprisonment in a
county jail not exceeding one year, a fine not exceeding $1,000, or
by both the imprisonment and the fine, except as specified.
This bill would authorize a court to order a person convicted of
contempt of court for willfully resisting or delaying a sheriff or
marshal during the execution of any pre-judgment or post-judgment
writ or other court order to pay restitution to the county for any
extraordinary costs necessarily incurred by the sheriff or marshal to
overcome resistance to the process of the court, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 415.21 of the Code of Civil Procedure is
amended to read:
415.21. (a) Notwithstanding any other law, any person shall be
granted access to a gated community for a reasonable period of time
for the sole purpose of performing lawful service of process or
service of a subpoena, upon identifying to the guard the person or
persons to be served, and upon displaying a current driver's license
or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in
his or her capacity as a representative of a county sheriff or
marshal.
(2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code or of licensure as a private
investigator pursuant to Chapter 11.3 (commencing with Section 7512)
of Division 3 of the Business and Professions Code.
(b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the community.
415.21. Notwithstanding any other law, a county
sheriff, marshal, process server registered pursuant to Chapter 16
(commencing with Section 22350) of Division 8 of the Business and
Professions Code, or private investigator licensed pursuant to
Chapter 11.3 (commencing with Section 7512) of Division 3 of the
Business and Professions Code shall be granted access to a gated
community for a reasonable period of time for the purpose of
performing lawful service of process or service of a subpoena.
SEC. 2. Section 415.35 is added to the Code of Civil Procedure, to
read:
415.35. (a) A sheriff or marshal may serve a summons by mail as
provided in this section. A copy of the summons and of the complaint
shall be mailed by first-class mail to the person to be served,
together with two copies of the notice and acknowledgment provided
for in subdivision (b) and a return envelope, postage prepaid,
addressed to the sheriff, marshal, or constable.
(b) The notice specified in subdivision (a) shall be in
substantially the following form:
(Title of court and cause, with action number, to be inserted
by the sender prior to mailing)
NOTICE
To: (Insert name and legal capacity of the defendant.)
The enclosed summons and complaint have been referred to the
(insert name and address of sheriff) for service. You may accept
service by mail by completing this form acknowledging receipt of the
summons and complaint and returning it to the above-named sheriff no
later than (insert date). If you prefer not to accept service by mail
by timely completing and returning this form, the sheriff, marshal,
or constable will attempt to locate and personally serve you at your
residence, place of employment, or other location within the
jurisdiction of the sheriff. If you are served on behalf of a
corporation, unincorporated association (including a partnership), or
other entity, this form must be signed in the name of that entity by
you or by a person authorized to receive service of process on
behalf of the entity. In all other cases, this form must be signed by
you personally or by a person authorized by you to acknowledge
receipt of summons.
_____________________
(Name of deputy)
(Name of sheriff or marshal)
(Address)
(Telephone)
ACKNOWLEDGMENT OF RECEIPT OF SUMMONS
I hereby acknowledge receipt of this summons and
complaint.
Date:__________________________________________
(Date this acknowledgment is executed)
_________________________________________
Signature of person acknowledging receipt
_________________________________________
Print name of person acknowledging receipt
The defendant is a ______________(insert type of
entity such as corporation, defunct corporation,
association or partnership) for which I am the
___________ (insert title) and authorized to
accept service. (If applicable.)
(c) Service of a summons pursuant to this section is deemed
complete on the date that the written acknowledgment of receipt of
summons is executed, if the acknowledgment thereafter is returned to
the sender.
SEC. 3. Section 415.95 of the Code of Civil Procedure is amended
to read:
415.95. (a) A summons may be served on a business organization,
form unknown, by leaving a copy of the summons and complaint during
usual office hours with the person who is apparently in charge of the
office of that business organization, and by thereafter mailing a
copy of the summons and complaint by first-class mail, postage
prepaid, to the person to be served at the place where a copy of the
summons and complaint was left. Service of a summons in this manner
is deemed complete on the 10th day after the mailing.
(b) Service of a summons pursuant to this section is not valid for
a corporation with a registered agent for service of process listed
with the Secretary of State.
(c) This section shall not apply to service of a summons and
complaint on a business organization, form unknown, by a sheriff or
marshal.
SEC. 4. Section 491.160 of the Code of Civil Procedure is amended
to read:
491.160. (a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, a person specially
appointed by the court in the order, or a registered process server,
and the person fails to appear:
(1) The court may do either of the following:
(A) Pursuant to a warrant directed to any peace officer
, have the person brought before the court to answer for the failure
to appear and may punish the person for contempt.
(B) Issue a warrant for the arrest of the person who failed to
appear as required by the court order, pursuant to Section 1993.
(2) If the person's failure to appear is without good cause, the
plaintiff shall be awarded reasonable attorney's fees incurred in the
examination proceeding.
(b) A person who willfully makes an improper service of an order
for an examination which subsequently results in the arrest pursuant
to subdivision (a) of the person who fails to appear is guilty of a
misdemeanor.
SEC. 5. Section 684.115 of the Code of Civil Procedure is amended
to read:
684.115. (a) A financial institution may, and if it has more than
nine branches or offices at which it conducts its business within
this state shall, designate one or more central locations for service
of legal process within this state. Each designated location shall
be referred to as a "central location." If a financial institution
elects or is required to designate a central location for service of
legal process, the financial institution shall file a notice of its
designation with the Department of Financial Institutions, which
filing shall be effective upon filing and shall contain all of the
following:
(1) The physical address of the central location.
(2) The days and hours during which service will be accepted at
the central location.
(3) If the central location will not accept service of legal
process directed at deposit accounts maintained or property held at
all of the financial institution's branches or offices within this
state, or if the service accepted at the central location will not
apply to safe-deposit boxes or other property of the judgment debtor
held by or for the judgment debtor, the filing shall also contain
sufficient information to permit a determination of the limitation or
limitations, including, in the case of a limitation applicable to
certain branches or offices, an identification of the branches or
offices as to which service at the central location will not apply
and the nature of the limitation applicable to those branches or
offices. If the limitation will apply to all branches or offices of
the financial institution within this state, the filing may indicate
the nature of the limitation and that it applies to all branches or
offices, in lieu of an identification of branches or offices as to
which the limitation applies. To the extent that a financial
institution's designation of a central location for service of legal
process covers the process directed at deposit accounts, safe-deposit
boxes, or other property of the judgment debtor held by or for the
judgment debtor at a particular branch or office located within this
state, the branch or office shall be a branch or office covered by
central process.
(b) Should If a financial
institution required to designate a central location fail
fails to do so, each branch of that institution
located in this state shall be deemed to be a central location at
which service of legal process may be made, and all of the
institution's branches or offices located within this state shall be
deemed to be a branch or office covered by central process.
(c) Subject to any limitation noted pursuant to paragraph (3) of
subdivision (a), service of legal process at a central location of a
financial institution shall be effective against all deposit accounts
and all property held for safekeeping, as collateral for an
obligation owed to the financial institution or in a safe-deposit box
if the same is described in the legal process and held by the
financial institution at any branch or office covered by central
process and located within this state. However, while service of
legal process at the central location will establish a lien on all
property, if any property other than deposit accounts is physically
held by the financial institution in a county other than that in
which the designated central location is located, the financial
institution shall include in its garnishee's memorandum the location
or locations of the property, and the judgment creditor shall obtain
a writ of execution covering the property and directed to the levying
officer in that county to accomplish the turnover of the property
and shall forward the writ and related required documentation to the
levying officer in the county in which the property is held.
(d) A financial institution may modify or revoke any designation
made pursuant to subdivision (a) by filing the modification or
revocation with the Department of Financial Institutions. The
modification or revocation shall be effective when the Department of
Financial Institutions' records have been updated to reflect the
modification or revocation, provided that the judgment creditor may
rely upon the superseded designation during the 30-day period
following the effective date of the revocation or modification.
(e) (1) The Department of Financial Institutions shall update its
online records to reflect a filing by a financial institution
pursuant to subdivision (a) or a modification or revocation filed by
a financial institution pursuant to subdivision (d) within 10
business days following the filing by the financial institution. The
Department of Financial Institutions' Internet Web site shall reflect
the date its online records for each financial institution have most
recently been updated.
(2) The Department of Financial Institutions shall provide any
person requesting it with a copy of each current filing made by a
financial institution pursuant to subdivision (a). The Department of
Financial Institutions may satisfy its obligation under this
subdivision by posting all current designations of a financial
institution, or the pertinent information therein, on an Internet Web
site available to the public without charge, and if that information
is made available, the Department of Financial Institutions may
impose a reasonable fee for furnishing that information in any other
manner.
(f) As to deposit accounts maintained or property held for
safekeeping, as collateral for an obligation owed to the financial
institution or in a safe-deposit box at a branch or office covered by
central process, service of legal process at a location other than a
central location designated by the financial institution shall not
be effective unless the financial institution, in its absolute
discretion, elects to act upon the process at that location as if it
were effective. In the absence of an election,
If the service of legal process is ineffective, the
financial institution may shall respond
to the legal process by mailing or delivery of the garnishee's
memorandum to the levying officer within the time otherwise provided
therefor, with a statement on the garnishee's memorandum that the
legal process was not properly served at the financial institution's
designated location for receiving legal process, and, therefore, was
not processed, and the address at which the financial institution is
to receive legal process.
(g) If any legal process is served at a central location of a
financial institution pursuant to this section, all related papers to
be served on the financial institution shall be served at that
location, unless agreed to the contrary between the serving party and
the financial institution.
(h) This subdivision shall apply whenever a financial institution
operates within this state at least one branch or office in addition
to its head office or main office, as applicable, or a financial
institution headquartered in another state operates more than one
branch or office within this state, and no central location has been
designated or deemed to have been designated by the institution for
service of legal process relating to deposit accounts maintained at
the financial institution's head office or main office, as
applicable, and branches located within this state. If a judgment
creditor reasonably believes that, pursuant to Section 700.140 and,
if applicable, Section 700.160, any act of enforcement would be
effective against a specific deposit account maintained at a
financial institution described in this subdivision, the judgment
creditor may file with the financial institution a written request
that the financial institution identify the branch or office within
this state at which a specified account might be maintained by the
financial institution. The written request shall contain the
following statements or information:
(1) The name of the person reasonably believed by the judgment
creditor to be a person in whose name the specified deposit account
stands.
(2) If the name of the person reasonably believed by the judgment
creditor to be a person in whose name the specified deposit account
stands is not a judgment debtor identified in the writ of execution,
a statement that a person reasonably believed by the judgment
creditor to be a person in whose name the specified deposit account
stands will be appropriately identified in the legal process to be
served pursuant to Section 700.160, including any supplementary
papers, such as a court order or affidavit if the same will be
required by Section 700.160.
(3) The specific identifying number of the account reasonably
believed to be maintained with the financial institution and standing
in the name of the judgment debtor or other person.
(4) The address of the requesting party.
(5) An affidavit by the judgment creditor or the judgment creditor'
s counsel stating substantially the following:
I hereby declare that this deposit account location request
complies with Section 684.115 of the Code of Civil Procedure, that
the account or accounts of the judgment debtor or other person or
persons appropriately identified in the legal process and specified
herein are subject to a valid writ of execution, or court order, that
I have a reasonable belief, formed after an inquiry reasonable under
the circumstances, that the financial institution receiving this
deposit account location request has an account standing in the name
of the judgment debtor or other person or persons appropriately
identified in the legal process, and that information pertaining to
the location of the account will assist the judgment creditor in
enforcing the judgment.
(i) The affidavit contemplated by subdivision (h) shall be signed
by the judgment creditor or the judgment creditor's counsel and filed
at the financial institution's head office located within this state
or, if the financial institution's head office is in another state,
at one of its branches or offices within this state. Failure to
comply with the requirements of subdivision (h) and this subdivision
shall be sufficient basis for the financial institution to refuse to
produce the information that would otherwise be required by
subdivision (j).
(j) Within 10 banking days following receipt by a financial
institution at the applicable location specified in subdivision (i)
of a request contemplated by subdivision (h), as to each specific
deposit account identified in the request contemplated by subdivision
(h), the financial institution shall respond by mailing, by
first-class mail with postage prepaid, to the requester's address as
specified in the request a response indicating the branch or office
location of the financial institution at which the specified deposit
account might be maintained, or, if the specified deposit account, if
it exists, would not be maintained at a specific location, at least
one place within this state at which legal process relating to the
deposit account should or may be served. The response to be furnished
pursuant to this subdivision shall not require the financial
institution to determine whether an account exists or, if an account
does exist, whether it would be reached by the legal
process, rather, process. Rather, the branch or
office location shall be determined and reported by the financial
institution based solely upon its determination that an account with
the identifying number provided by the requester would be maintained
at that branch if an account did exist, and the response shall not
contain any information about the name in which the account stands or
any other information concerning the account, if it exists. If more
than one account number is specified in the request, the financial
institution's responses as to some or all of those account numbers
may be combined in a single writing.
(k) A response furnished in good faith by the financial
institution pursuant to subdivision (j) shall not be deemed to
violate the privacy of any person in whose name the specified deposit
account stands nor the privacy of any other person, and shall not
require the consent of the person in whose name the account stands
nor that of any other person.
(l) A financial institution shall not notify the person in whose
name the specified deposit account stands or any other person related
to the specified account of the receipt of any
a request made pursuant to subdivision (h) and
affecting that affects that person's or persons'
accounts at the financial institution, provided that the financial
institution shall have no liability for its failure to comply with
the provisions of this subdivision.
SEC. 6. Section 700.140 of the Code of Civil Procedure is amended
to read:
700.140. (a) Subject to Sections 684.115 and 700.160, to levy
upon a deposit account, the levying officer shall personally serve a
copy of the writ of execution and a ,
notice of levy , and memorandum of garnishee on the
financial institution with which the deposit account is maintained.
(b) In the case of service on a central bank location in another
county pursuant to Section 684.115, the levying officer may do either
of the following:
(1) Forward the documents identified in subdivision (a) to the
sheriff or marshal of that county, who shall, as the agent of the
levying officer, personally serve the central bank location and,
promptly after service, mail a copy of the writ of execution, notice
of levy, and list of exemptions from the enforcement of judgments to
the judgment debtor and any third party listed in the notice of levy.
The levying officer shall perform all other duties associated with
the levy, including processing claims of exemption, third party
claims, bankruptcy stays, and collecting and disbursing levied
moneys. The sheriff or marshal shall charge a fee as provided by
Article 7 (commencing with Section 26720) of Chapter 2 of Part 3 of
Division 2 of Title 3 of the Government Code for making the service
and submitting a proof of service as the levying officer's agent.
(2) Electronically transmit the documents identified in
subdivision (a) to the financial institution. Service by electronic
transmission shall be deemed complete on the date and time of receipt
as indicated in an acknowledgment of receipt electronically
submitted to the levying officer by the financial institution.
(A) After receipt of an acknowledge of receipt of the levy by the
financial institution, the levying officer shall promptly mail a copy
of the writ of execution, notice of levy, and list of exemptions
from the enforcement of judgments to the judgment debtor and any
third party listed in the notice of levy.
(B) Compliance with this paragraph shall be contingent on the
levying officer and the financial institution having agreed to
effectuate service electronically and having jointly determined that
they have the resources and the technological capacity to do so.
(c) The execution lien that arises upon service of a
copy of the writ of execution and
, notice of levy , and memorandum of garnishee
reaches only amounts that are in a deposit account at the
time of service on the financial institution, including the amount of
any deposit not yet finally collected unless the deposit is returned
unpaid to the financial institution.
(c)
(d) The levying officer shall serve a copy of the writ
of execution and a notice of levy on any third person in whose name
any deposit account described therein stands. Service shall be made
personally or by mail as follows:
(1) At the time of levy or promptly thereafter, if the party
seeking the levy informs the levying officer of the person and his,
her, or its residence or business address.
(2) Promptly following the levying officer's receipt of a
garnishee's memorandum if service was not accomplished pursuant to
paragraph (1) , if the garnishee's memorandum identifies
the person and his, her, or its residence or business address.
(d)
(e) The financial institution shall not honor a
withdrawal request or a check or other order for the payment of money
from the deposit account if presentment of the withdrawal request or
item to the financial institution occurs during the time the
execution lien is in effect unless, following the withdrawal or
payment, sufficient funds are available to cover the levy. For these
purposes, a withdrawal from the deposit account to cover the
financial institution's standard fee or charge for processing the
levy shall not be considered a payment of money from the account in
violation of this subdivision.
(e)
(f) During the time the execution lien is in effect,
the financial institution is shall not
be liable to any person for any of the following:
(1) Performance of the duties of a garnishee under the levy.
(2) Nonpayment of a check or other order for the payment or
transfer of money drawn or presented against the deposit account
, if the nonpayment is pursuant to the requirements of
subdivision (d). (e).
(3) Refusal to pay a withdrawal from the deposit account ,
if the refusal is pursuant to the requirements of subdivision
(d). (e).
(f)
(g) When the amount levied upon pursuant to this
section is paid to the levying officer, the execution lien on the
deposit account levied upon terminates.
(g)
(h) For the purposes of this
section, none of the following is a third person in whose name the
deposit account stands:
(1) A person who is only a person named as the beneficiary of a
Totten trust account.
(2) A person who is only a payee designated in a pay-on-death
provision in an account pursuant to Section 18318.5 of the Financial
Code or Section 5140 of the Probate Code, or other similar provision.
(3) A person who is only acting in a representative or custodial
capacity with respect to benefits paid or payable by the United
States government. Rather, accounts maintained by the representative
or custodian shall be deemed to stand in the beneficiary's name, and
the amounts therein shall be covered by a levy against the
beneficiary.
(h)
(i) For purposes of this section, final payment of a
deposit shall be deemed to have occurred in accordance with Section
4215 or 11210 of the Commercial Code or with automated clearinghouse
or Federal Reserve System rule, regulation, operating circular, or
similar governing document, as applicable to the deposit. If, for any
reason, a deposit is returned by the financial institution upon
which it is drawn, the deposit shall not be deemed finally collected
for purposes of this subdivision regardless of any later payment by
the financial institution upon which the deposit is drawn.
SEC. 7. Section 708.170 of the Code of Civil Procedure is amended
to read:
708.170. (a) If an order requiring a person to appear for an
examination was served by a sheriff, marshal, a person specially
appointed by the court in the order, or a registered process server,
and the person fails to appear:
(1) The court may do either of the following:
(A) Pursuant to a warrant directed to any peace officer
, have the person brought before the court to answer for the failure
to appear and may punish the person for contempt.
(B) Issue a warrant for the arrest of the person who failed to
appear as required by the court order, pursuant to Section 1993.
(2) If the person's failure to appear is without good cause, the
judgment creditor shall be awarded reasonable attorney's fees
incurred in the examination proceeding. Attorney's fees awarded
against the judgment debtor shall be added to and become part of the
principal amount of the judgment.
(b) A person who willfully makes an
improper service of an order for an examination which subsequently
results in the arrest pursuant to subdivision (a) of the person who
fails to appear is guilty of a misdemeanor.
SEC. 8. Section 1993 of the Code of Civil Procedure is amended to
read:
1993. (a) (1) As an alternative to issuing a warrant for contempt
pursuant to paragraph (5) or (9) of subdivision (a) of Section 1209,
the court may issue a warrant for the arrest of a witness who failed
to appear pursuant to a subpoena or a person who failed to appear
pursuant to a court order. The court, upon proof of the service of
the subpoena or order, may issue a warrant to the sheriff of the
county in which the witness or person may be located and the sheriff
shall, upon payment of fees as provided in Section 26744.5 of the
Government Code, arrest the witness or person and bring him or her
before the court.
(2) Before issuing a warrant for a failure to appear pursuant to a
subpoena pursuant to this section, the court shall issue a "failure
to appear" notice informing the person subject to the subpoena that a
failure to appear in response to the notice may result in the
issuance of a warrant. This notice requirement may be omitted only
upon a showing that the appearance of the person subject to the
subpoena is material to the case and that urgency dictates the person'
s immediate appearance.
(b) The warrant shall contain all of the following:
(1) The title and case number of the action.
(2) The name and physical description of the person to be
arrested.
(3) The last known address of the person to be arrested.
(4) The date of issuance and county in which it is issued.
(5) The signature or name of the judicial officer issuing the
warrant, the title of his or her office, and the name of the court.
(6) A command to arrest the person for failing to appear pursuant
to the subpoena or court order, and specifying the date of service of
the subpoena or court order.
(7) A command to bring the person to be arrested before the
issuing court, or the nearest court if in session, for the setting of
bail in the amount of the warrant or to release
on the person's own recognizance. Any A
person so arrested shall be released from custody if he or she
cannot be brought before the court within 12 hours of arrest, and the
person shall not be arrested if the court will not be in session
during the 12-hour period following the arrest.
(8) A statement indicating the expiration date of the warrant as
determined by the court.
(9) The amount of bail.
(10) An endorsement for nighttime service if good cause is shown,
as provided in Section 840 of the Penal Code.
(11) A statement indicating whether the person may be released
upon a promise to appear, as provided by Section 1993.1. The court
shall permit release upon a promise to appear, unless it makes a
written finding that the urgency and materiality of the person's
appearance in court precludes use of the promise to appear process.
(12) The date and time to appear in court if arrested and released
pursuant to paragraph (11).
SEC. 9. Section 6103.2 of the Government Code is amended to read:
6103.2. (a) Section 6103 does not apply to any fee or charge or
expense for official services rendered by a sheriff or marshal in
connection with the levy of writs of attachment, execution,
possession, or sale. The fee, charge, or expense may be advanced to
the sheriff or marshal, as otherwise required by law.
(b) (1) Notwithstanding Section 6103, the sheriff or marshal, in
connection with the service of process or notices, may require that
all fees which a public agency, or any person or entity, is required
to pay under provisions of law other than this section ,
be prepaid by a public agency named in Section 6103, or by
any person or entity, prior to the performance of any official act.
This authority to require prepayment shall include fees governed by
Section 6103.5.
(2) This subdivision (A)
The requirement for prepayment of a fee does not apply to
the service of process or notices in any action by the district
attorney's office or local child support agency for the
establishment or enforcement of a child support obligation.
(B) Notwithstanding subparagraph (A), a sheriff or marshal may
submit a billing to a local child support agency for payment of fees
for services rendered.
(3) This subdivision does not apply to a particular jurisdiction
unless the sheriff or marshal, as the case may be, imposes the
requirement of prepayment upon public agencies and upon all persons
or entities within the private sector.
(4) (A) The requirement for prepayment of a
fee deposit does not apply to orders or injunctions described in
paragraph (1) of subdivision (x) of Section 527.6, paragraph (1) of
subdivision (w) of Section 527.8, or paragraph (1) of subdivision (w)
of Section 527.85 of the Code of Civil Procedure, Division 10
(commencing with Section 6200) of the Family Code
(Prevention of Domestic Violence), (Domestic Violence
Prevention Act), and Chapter 11 (commencing with Section 15600)
of Part 3 of Division 9 of the Welfare and Institutions Code (Elder
Abuse and Dependent Adult Civil Protection Act).
However,
(B) Notwithstanding subparagraph (A),
a sheriff or marshal may submit a billing to the superior court
for payment of fees in the manner prescribed by the Judicial Council
irrespective of the in forma pauperis status of any party under
Rules 3.50 to 3.63, 3.58, inclusive, of
the California Rules of Court. The fees for service, cancellation of
service, and making a not found not-found
return may shall not exceed the
amounts provided in Sections 26721, 26736, and 26738, respectively,
and are subject to the provisions of Section 26731.
SEC. 10. Section 6103.3 of the Government Code is amended to read:
6103.3. (a) (1) For any order or injunction
for which the sheriff or marshal provides service of
process and is prohibited under described in
subparagraph (A) of paragraph (4) of subdivision (b) of Section
6103.2 from requiring payment of a fee , the
sheriff or marshal may notify the protected person by electronic or
telephonic means within 24 hours after service of process that the
order or injunction has been served on the restrained person,
including the date and time when the order or injunction was served,
if the protected person has requested this notification and has
registered a telephone number or e-mail address at which the
protected person may be contacted for this purpose.
(b)
(2) The sheriff may provide the notification described
in subdivision (a) via an automated statewide victim information and
notification system if the sheriff has access to that system, his or
her county participates in that system, and local, state, or federal
funds are made available for the operation of that system.
(b) A sheriff may, in lieu of or in addition to providing the
notification described in subdivision (a), publish notice of service
of process on the sheriff's Internet Web site.
(c) If the sheriff participates in the notification program
authorized under this section and the service of process is provided
by a marshal, the marshal shall promptly inform the sheriff of the
date and time when the order or injunction was served, and the
sheriff shall provide the notice described in subdivision (a) to the
protected person.
(d) This section applies only to orders or injunctions described
in paragraph (1) of subdivision (q) of Section 527.6 and Section
527.8 of the Code of Civil Procedure, Division 10 (commencing with
Section 6200) of the Family Code (Prevention of Domestic Violence),
and Chapter 11 (commencing with Section 15600) of Part 3 of Division
9 of the Welfare and Institutions Code (Elder Abuse and Dependent
Adult Civil Protection Act).
SEC. 11. Section 6103.9 of the Government Code is amended to read:
6103.9. (a) Notwithstanding any other provision of
law, except as provided in this section, the local child
support agency and the district attorney shall be exempt from the
payment of any fees, including fees for service of process
and filing fees, in any an
action or proceeding brought for the establishment of a child support
obligation or the enforcement of a child or spousal support
obligation.
(b) A court or county may be reimbursed for those
the direct costs related to the establishment of
a child support obligation or the enforcement of a child or spousal
support obligation which have been agreed to pursuant to a plan of
cooperation. Any reimbursement Reimbursement
pursuant to a plan of cooperation shall not include any amount
which is payable as a filing fee.
(c) For purposes of this section, a "plan of cooperation" includes
an agreement entered into by a court and the Administrative Office
of the Courts of the California Judicial Council which provides for
reimbursement for the cost of providing clerical and administrative
support furnished by the court.
SEC. 12. Section 26720.9 of the Government Code is amended to
read:
26720.9. Notwithstanding any other provision of
law, the amounts set forth in Sections 26721, 26721.1,
26725, 26728, 26734, 26742, and 26743 shall be thirty-five
fifty dollars ($35).
($50).
This section shall become operative on January 1, 2011.
SEC. 13. Section 26721 of the Government Code is amended to read:
26721. (a) Except as provided in this
article, the fee for serving or executing any process or notice
required by law or the litigants to be served shall be the amount
described in Section 26720.9, and there shall be no additional fee
for substitute service when substitute service is authorized.
However, no fee shall be charged for serving an emergency
protective order, protective order, or restraining order issued
pursuant to Division 10 of the Family Code (the Domestic Violence
Prevention Act) on a respondent who is in custody.
In
(b) In any case where property
has been levied upon and, pursuant to the levy, a copy of the writ of
execution and a notice of levy are required by statute to be served
either personally or by mail upon the judgment debtor or other
person, no a fee shall not
be charged for that service.
SEC. 14. Section 26721.2 of the Government Code is amended to
read:
26721.2. (a) For any action commenced in the superior court, the
fee for the service of the summons, the complaint for which the
summons is issued, and all other documents or notices required to be
served with the summons and complaint, is thirty-five
dollars ($35). fifty dollars ($50).
(b) This section shall become operative on January 1, 2008.
(b) The fee for cancellation of the service of a summons prior to
its completion is fifty dollars ($50).
(c) The fee for making a not-found return on a summons certifying
that the person cannot be found at the address specified is fifty
dollars ($50).
SEC. 15. Section 26722 of the Government Code is amended to read:
26722. The fee for serving, executing, or processing any writ or
order where the levying officer is required to take immediate
possession of the property levied upon is eighty-five
dollars ($85). one hundred dollars ($100).
SEC. 16. Section 26723 of the Government Code is amended to read:
26723. The fee for opening a safe-deposit box pursuant to
Sections 488.460 and 700.150 of the Code of Civil Procedure is one
hundred twenty-five dollars ($125).
seventy five dollars ($175).
SEC. 17. Section 26725.1 of the Government Code is amended to
read:
26725.1. The fee for the serving or posting
of any additionally required notices or orders on
other parcels is ten dollars ($10) twenty
dollars ($20) each.
SEC. 18. Section 26725.2 is added to the Government Code, to read:
26725.2. (a) In addition to any other fee provided for by this
article, the sheriff or marshal may assess a fee of one hundred
dollars ($100) for accessing criminal record offender information in
order to identify the employer of a defendant pursuant to Section
1214.2 of the Penal Code. The fee described in this section shall be
collected from the defendant's withheld wages and shall not be paid
in advance by the prosecutor.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 19. Section 26726 of the Government Code is amended to read:
26726. (a) The fee for keeping and caring for property under a
writ of attachment, execution, possession, or sale shall be
one hundred forty dollars ($140) is two hundred
dollars ($200) when necessarily employed for any eight-hour
period or any part thereof. If an additional keeper or keepers are
required during these periods, the fee for the additional keeper or
keepers shall be the same as fixed, but, in no event shall any one
keeper receive more than two hundred eighty dollars ($280)
four hundred dollars ($400) during any 24-hour
period when so employed.
(b) In addition to the fees provided by Section 26721, the fee for
maintaining custody of property under levy by the use of a keeper is
thirty-five dollars ($35) fifty dollars
($50) for each day custody is maintained after the first day.
(c) Notwithstanding any other fee charged, a keeper shall receive
fifty dollars ($50) seventy -five
dollars ($75) when, pursuant to Section 26738, a levying
officer prepares a not-found return.
(d) This section shall become operative on January 1, 2011.
SEC. 20. Section 26727 of the Government Code is amended to read:
26727. The fee for a copy of any writ, process, paper, order, or
notice actually made by him or her when required or demanded is
fifty cents ($0.50) two dollars ($2) a
page, except that when correct copies are furnished to him or her for
use no charge shall be made for those copies.
SEC. 21. Section 26728.1 of the Government Code is amended to
read:
26728.1. The fee for preparing and posting additionally required
notices of personal property sales is ten dollars ($10)
twenty dollars ($20) each.
SEC. 22. Section 26729 of the Government Code is amended to read:
26729. The fee for furnishing a notice for publication is
ten dollars ($10). twenty dollars ($20).
SEC. 23. Section 26730 of the Government Code is amended to read:
26730. The fee for conducting or postponing the sale of real or
personal property as required by law or the litigant is
eighty-five dollars ($85). one hundred dollars ($100).
SEC. 24. Section 26731 of the Government Code is amended to read:
26731. Fifteen dollars ($15) (a)
Twenty-five dollars ($25) of any fee collected
by the sheriff's civil division or marshal under Sections 26721,
26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738,
26742, 26743, 26744, and 26750 of the Government Code
shall be deposited in a special fund in the county
treasury. A separate accounting of funds deposited shall be
maintained for each depositor, and funds deposited shall be for the
exclusive use of the sheriff's civil division or marshal.
Ninety-five
(b) Ninety-five percent of the
moneys in the special fund shall be expended to supplement the costs
of the depositor for the implementation, maintenance, and purchase of
auxiliary equipment and furnishings for automated systems or other
nonautomated operational equipment and furnishings deemed necessary
by the sheriff's civil division or marshal. Five percent of the
moneys in the special fund shall be used to supplement the expenses
of the sheriff's civil division or marshal in administering the
funds.
This section shall become operative on January 1, 2011.
SEC. 25. Section 26733.5 of the Government Code is amended to
read:
26733.5. The fee for serving a writ of possession of real
property on an occupant or the occupants or for posting and serving a
copy on the judgment debtor is seventy-five dollars ($75).
one hundred dollars ($100). The additional fee
for removing an occupant or occupants from the premises and putting a
person in possession of the premises is fifty dollars
($50). one hundred dollars ($100). The fee for
reposting of a notice to vacate shall be pursuant
to Section 26721.
SEC. 26. Section 26736 of the Government Code is amended to read:
26736. The fee for cancellation of the service or execution of
any process or notice , other than a summons, prior to its
completion shall be thirty-five
dollars ($35). is fifty dollars ($50).
The fee provided by this section shall not be charged where
if a charge fee is
made charged pursuant to any other
section of this article in attempting to serve or execute the process
or notice.
This section shall become operative on January 1, 2011.
SEC. 27. Section 26738 of the Government Code is amended to read:
26738. The fee for making a not-found return on a
summons, an affidavit and order, order for
appearance, subpoena, writ of attachment, writ of execution, writ of
possession, order for delivery of personal property, or other process
or notice required to be served, certifying that the person or
property cannot be found at the address specified is
thirty-five dollars ($35). fifty dollars ($50).
This section shall become operative on January 1, 2011.
SEC. 28. Section 26740 of the Government Code is amended to read:
26740. The fee for the execution and delivery of a deed or
certificate of redemption is ten dollars ($10).
twenty dollars ($20).
SEC. 29. Section 26741 of the Government Code is amended to read:
26741. The fee for executing and delivering a certificate or deed
of sale is ten dollars ($10).
twenty dollars ($20).
SEC. 30. Section 26744 of the Government Code is repealed.
26744. The fee for serving or executing a bench warrant arising
from an order of appearance issued under subparagraph (A) of
paragraph (1) of subdivision (a) of Section 491.160 or subparagraph
(A) of paragraph (1) of subdivision (a) of Section 708.170 of the
Code of Civil Procedure is fifty dollars ($50).
SEC. 31. Section 26744.5 of the Government Code is amended to
read:
26744.5. (a) The fees for processing a warrant issued pursuant to
Section 1993 of the Code of Civil Procedure shall be paid by the
moving party, as follows:
(1) Thirty-five dollars ($35) Fifty
dollars ($50) to receive and process the warrant, which shall
include the issuance and mailing of a notice advising the person to
be arrested of the issuance of the warrant and demanding that the
person appear in court.
(2) Thirty-five dollars ($35) Fifty
dollars ($50) to cancel the service of the warrant.
(3) Seventy-five dollars ($75) One hundred
dollars ($100) if unable to find the person at the address
specified using due diligence.
(4) Eighty-five dollars ($85) One hundred
dollars ($100) to arrest the person, which shall include the
arrest and release of the person on a promise to appear pursuant to
Section 1993.2 of the Code of Civil Procedure.
(b) The in forma pauperis fee waiver provisions under Rules 3.50
to 3.63, 3.58, inclusive, of the
California Rules of Court shall apply to the collection of fees under
this section.
(c) This section shall become operative on January 1, 2011.
SEC. 32. Section 26746 of the Government Code is amended to read:
26746. (a) In addition to any other fees
required by law, a processing fee of twelve dollars ($12)
fifteen dollars ($15) shall be assessed for each
disbursement of money collected under a writ of attachment,
execution, possession, or sale, but excluding any action by the local
child support agency for the establishment or enforcement of a child
support obligation. The fee shall be collected from the judgment
debtor in addition to, and in the same manner as, the moneys
collected under the writ. All proceeds of this fee shall be deposited
in a special fund in the county treasury. A separate accounting of
funds deposited shall be maintained for each depositor, and funds
deposited shall be for the exclusive use of the depositor.
The
(b) The special fund shall be
expended to supplement the county's cost for vehicle fleet
replacement and equipment, maintenance, and civil process operations
, including data systems and consultant services .
A
(c) A processing fee may
shall not be charged pursuant to this
section if the only disbursement is the return of the judgment
creditor's deposit for costs.
SEC. 33. Section 26746.1 of the Government Code is amended to
read:
26746.1. A seventeen-dollar ($17) (a)
A twenty-five dollar ($25) fee shall be
assessed by the sheriff or marshal for certification of correction on
each citation that requires inspection for proof of correction of
any violation pursuant to Section 40616 of the Vehicle Code.
All
(b) All proceeds of the fee shall
be deposited in a special fund in the county treasury. A separate
accounting of funds deposited shall be maintained for each depositor,
and funds deposited shall be for the exclusive use of the sheriff's
civil division or marshal.
Ninety-five
(c) Ninety-five percent of the
moneys in the special fund shall be expended to supplement the costs
of the depositor for the implementation, maintenance, and purchase of
auxiliary equipment and furnishings for automated systems or other
nonautomated operational equipment and furnishings deemed necessary
by the sheriff's civil division or marshal. Five percent of the
moneys in the special fund shall be used to supplement the expenses
of the sheriff's civil division or marshal in administering the
funds.
This section shall become operative on January 1, 2011.
SEC. 34. Section 26750 of the Government Code is amended to read:
26750. (a) The fee for serving an earnings withholding order
under the Wage Garnishment Law (Chapter 5 (commencing with Section
706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil
Procedure), including, but not limited to, the costs of postage or
traveling, and for performing all other duties of the levying officer
under that law with respect to the levy shall be thirty
dollars ($30). fifty dollars ($50).
(b) Except as provided in Section 26746, no additional
fees, costs, or expenses may be charged by the levying
officer shall not charge additional fees, costs, or expenses
for performing the duties under the Wage Garnishment Law
(Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9
of Part 2 of the Code of Civil Procedure).
(c) This section shall become operative on January 1, 2008.
SEC. 35. Section 166 of the Penal Code is amended to read:
166. (a) Except as provided in subdivisions (b), (c), and (d), a
person guilty of any of the following contempts of court is guilty of
a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of a court of justice, in the immediate view and
presence of the court, and directly tending to interrupt its
proceedings or to impair the respect due to its authority.
(2) Behavior specified in paragraph (1) that is committed in the
presence of a referee, while actually engaged in a trial or hearing,
pursuant to the order of a court, or in the presence of any jury
while actually sitting for the trial of a cause, or upon an inquest
or other proceeding authorized by law.
(3) A breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of the court.
(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by a court,
including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order
or process of a court.
(6) Willful disobedience by a juror of a court admonishment
related to the prohibition on any form of communication or research
about the case, including all forms of electronic or wireless
communication or research.
(7) The contumacious and unlawful refusal of a person to be sworn
as a witness or, when so sworn, the like refusal to answer a material
question.
(8) The publication of a false or grossly inaccurate report of the
proceedings of a court.
(9) Presenting to a court having power to pass sentence upon a
prisoner under conviction, or to a member of the court, an affidavit,
testimony, or representation of any kind, verbal or written, in
aggravation or mitigation of the punishment to be imposed upon the
prisoner, except as provided in this code.
(10) Willful disobedience of the terms of an injunction that
restrains the activities of a criminal street gang or any of its
members, lawfully issued by a court, including an order pending
trial.
(b) (1) A person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
telephone or mail, or directly, and who has been previously convicted
of a violation of Section 646.9 shall be punished by imprisonment in
a county jail for not more than one year, by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this
subdivision, each contact shall constitute a separate violation of
this subdivision.
(3) The present incarceration of a person who makes contact with a
victim in violation of paragraph (1) is not a defense to a violation
of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), a
willful and knowing violation of a protective order or stay-away
court order described as follows shall constitute contempt of court,
a misdemeanor, punishable by imprisonment in a county jail for not
more than one year, by a fine of not more than one thousand dollars
($1,000), or by both that imprisonment and fine:
(A) An order issued pursuant to Section 136.2.
(B) An order issued pursuant to paragraph (2) of subdivision (a)
of Section 1203.097.
(C) An order issued as a condition of probation after a conviction
in a criminal proceeding involving elder or dependent adult abuse,
as defined in Section 368.
(D) An order issued pursuant to Section 1201.3.
(E) An order described in paragraph (3).
(2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48
hours, whether a fine or imprisonment is imposed, or the sentence is
suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) An order issued pursuant to Section 6320 or 6389 of the Family
Code.
(B) An order excluding one party from the family dwelling or from
the dwelling of the other.
(C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described in
paragraph (1).
(4) A second or subsequent conviction for a violation of an order
described in paragraph (1) occurring within seven years of a prior
conviction for a violation of any of those orders and involving an
act of violence or "a credible threat" of violence, as provided in
subdivision (c) of Section 139, is punishable by imprisonment in a
county jail not to exceed one year, or in the state prison for 16
months or two or three years.
(5) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of the orders described in
paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under Section 29825.
(2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with
Section 1203.097.
(2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim
for reasonable costs of counseling and other reasonable expenses
that the court finds are the direct result of the defendant's
offense.
(3) For an order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under this
subdivision or subdivision (c), the court shall make a determination
of the defendant's ability to pay. In no event shall an order to make
payments to a battered women's shelter be made if it would impair
the ability of the defendant to pay direct restitution to the victim
or court-ordered child support.
(4) If the injury to a married person is caused in whole, or in
part, by the criminal acts of his or her spouse in violation of
subdivision (c), the community property shall not be used to
discharge the liability of the offending spouse for restitution to
the injured spouse required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents required by this
subdivision, until all separate property of the offending spouse is
exhausted.
(5) A person violating an order described in subdivision (c) may
be punished for any substantive offenses described under Section
136.1 or 646.9. A finding of contempt shall not be a bar to
prosecution for a violation of Section 136.1 or 646.9. However, a
person held in contempt for a violation of subdivision (c) shall be
entitled to credit for any punishment imposed as a result of that
violation against any sentence imposed upon conviction of an offense
described in Section 136.1 or 646.9. A conviction or acquittal for a
substantive offense under Section 136.1 or 646.9 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
(f) A person convicted of contempt of court under paragraph (5) of
subdivision (a) for willfully resisting or delaying a sheriff or
marshal during the execution of any pre-judgment or post-judgment
writ or other court order may be ordered to pay restitution to the
county for any extraordinary costs necessarily incurred by the
sheriff or marshal to overcome resistance to the process of the
court, including costs for personnel, specialized services, and
specialized equipment. The order for restitution may be enforced by
the county in the same manner as a money judgment. Funds collected
pursuant to this subdivision shall be remitted to the sheriff or
marshal.
SEC. 36. Section 1214.2 of the Penal Code is amended to read:
1214.2. (a) Except as provided in subdivision (c), if a defendant
is ordered to pay a fine as a condition of probation, the order to
pay a fine may be enforced during the term of probation in the same
manner as is provided for the enforcement of money judgments.
(b) Except as provided in subdivision (c), an order to pay a fine
as a condition of probation may also be enforced as follows:
(1) With respect to a willful failure to pay during the term of
probation, in the same manner as a violation of the terms and
conditions of probation.
(2) If any balance remains unpaid at the end of the term of
probation, in the same manner as a judgment in a civil action.
(c) If an order to pay a fine as a condition of probation is
stayed, a writ of execution shall not issue until the stay is lifted.
(d) Upon request of the prosecutor, a sheriff may access the
criminal offender record information of a defendant to identify the
employer of the defendant. The prosecutor may then seek to obtain a
writ of execution from the court and file with the sheriff the writ
and an application to levy on the defendant's wages, pursuant to the
Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of
Division 2 of Title 9 of Part 2 of the Code of Civil Procedure).
(1) The prosecutor is deemed to be the attorney of record and the
People of the State of California is deemed to be the creditor in a
wage garnishment levy made pursuant to this subdivision.
(2) The sheriff shall first deduct from the wages remitted by the
defendant's employer the amount specified by Section 26725.2 of the
Government Code. The balance of withheld wages shall be remitted to
the prosecutor for disbursement to the court or to the court
directly, if so instructed by the prosecutor.
(3) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 37. Section 1214.2 is added to the Penal Code, to read:
1214.2. (a) Except as provided in subdivision (c), if a defendant
is ordered to pay a fine as a condition of probation, the order to
pay a fine may be enforced during the term of probation in the same
manner as is provided for the enforcement of money judgments.
(b) Except as provided in subdivision (c), an order to pay a fine
as a condition of probation may also be enforced as follows:
(1) With respect to a willful failure to pay during the term of
probation, in the same manner as a violation of the terms and
conditions of probation.
(2) If any balance remains unpaid at the end of the term of
probation, in the same manner as a judgment in a civil action.
(c) If an order to pay a fine as a condition of probation is
stayed, a writ of execution shall not issue until the stay is lifted.
(d) This section is operative on and after January 1, 2016.