BILL NUMBER: AB 1417	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Melendez

                        FEBRUARY 27, 2015

   An act to amend Section 70633 of the Government Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1417, as introduced, Melendez. Court fees: services of the
clerk.
   Existing law prohibits the clerk of the court from charging a fee
for services rendered in any criminal action unless otherwise
specifically authorized by law, except that the clerk may charge a
specified fee for making or certifying to a copy of any filed paper,
record, or proceeding in a criminal action. Existing law also
prohibits a clerk from charging a fee for service to a municipality
or county in the state, to the state government, or to the United
States or an officer of the United States acting in his or her
official capacity.
   This bill would delete the authority of the clerk to charge that
fee for making or certifying to a copy of any filed paper, record, or
proceeding in a criminal action. The bill would also prohibit a
clerk from charging a fee for the performance of an official service
rendered in an action to a municipality or county in the state, to
the state government, or to the United States or an officer thereof
acting in his or her official capacity. The bill would define
"official service" to include filing, certifying, or copying a
document. The bill would make other nonsubstantive changes.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 70633 of the Government Code is amended to
read:
   70633.  (a)  No   A  fee shall  not
 be charged by the clerk for service rendered to the petitioner
in any adoption proceeding except as provided in Section 103730 of
the Health and Safety Code, nor shall any fees be charged for any
service to the state or for any proceeding brought pursuant to
Section 7841 of the Family Code to declare a minor free from parental
custody or control.  No   A  fee shall
 not  be charged by the clerk for services rendered in an
action to compel registration of a voter under Section 2142 of the
Elections Code or to compel counting of provisional ballots under
Section 14310 of the Elections Code.
   (b)  No   A  fee shall  not  be
charged by the clerk for services rendered in any criminal action
unless otherwise specifically authorized by law  , except
that the clerk may charge the fee specified in Section 70627 for
making or certifying to a copy of any filed paper, record, or
proceeding in a criminal action. If a criminal defendant has been
granted a fee waiver or the court finds that the defendant does not
have the ability to pay the fee, the court may reduce or waive the
fee  .
   (c)  Except as permitted in subdivision (b), no 
 A  fee shall  not  be charged by the clerk for
 the performance of an official  service  rendered in an
action  to  any   a  municipality or
county in the state, to the state government,  nor 
 or  to the United States  of America or any of its
officers   or an officer thereof  acting in his or
her official capacity. 
   (d) For purposes of this section, "official service" includes
filing, certifying, or copying a document.