California Assembly Bill AB680 Introduced / Bill

 BILL NUMBER: AB 680INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hall FEBRUARY 26, 2009 An act to amend Sections 26720.9, 26726, 26731, 26736, 26738, 26744.5, 26746, 26746.1 of, and to repeal Section 26744 of, the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 680, as introduced, Hall. Local government: sheriff's fees. Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals. This bill would revise and increase these fees, as specified. The bill would delete the fee charged for serving or executing a bench warrant arising from an order of appearance. 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 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  increased to thirty dollars ($30) on January 1, 2001   thirty-five dollars ($35)  . SEC. 2. 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 twenty dollars ($120)   one hundred forty dollars ($140)  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 forty dollars ($240)   two hundred eighty dollars ($280)  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 dollars ($30)   thirty-five dollars ($35) for each day custody is maintained after the first day. (c) Notwithstanding any other fee charged, a keeper shall receive  forty dollars ($40)   fifty dollars ($50)  when, pursuant to Section 26738, a levying officer prepares a not-found return. SEC. 3. Section 26731 of the Government Code is amended to read: 26731.  Ten dollars ($10)   Fifteen dollars ($15)  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 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. SEC. 4. 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 prior to its completion shall be  twenty-eight dollars ($28)   thirty-five dollars ($35)  . The fee provided by this section shall not be charged where a charge is made pursuant to any other section of this article in attempting to serve or execute the process or notice. SEC. 5. Section 26738 of the Government Code is amended to read: 26738. The fee for making a not found return on a summons, 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 dollars ($30)   thirty-five dollars ($35)  . SEC. 6. 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. 7. 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 dollars ($30)   Thirty-five dollars ($35)  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)  Twenty-eight dollars ($28)   Thirty-five dollars ($35)  to cancel the service of the warrant. (3)  Sixty dollars ($60)   Seventy-five dollars ($75)  if unable to find the person at the address specified using due diligence. (4)  Seventy-five dollars ($75)   Eighty-five dollars ($85)  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, inclusive, of the California Rules of Court shall apply to the collection of fees under this section. SEC. 8. Section 26746 of the Government Code is amended to read: 26746. In addition to any other fees required by law, a processing fee of  ten dollars ($10)   twelve dollars ($12)  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 special fund shall be expended to supplement the county's cost for vehicle fleet replacement and equipment, maintenance, and civil process operations. A fee may not be charged if the only disbursement is the return of the judgment creditor's deposit for costs. SEC. 9. Section 26746.1 of the Government Code is amended to read: 26746.1. A  fifteen dollar ($15)   seventeen-   dollar ($17)  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 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 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.