California Assembly Bill AB1417 Introduced / Bill

 BILL NUMBER: AB 1417INTRODUCED 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.