Bill Text: CA SB78 | 2011-2012 | Regular Session | Chaptered
Bill Title: Administration of justice.
Spectrum: Unknown
Status: (Passed) 2011-03-24 - Chaptered by Secretary of State. Chapter 10, Statutes of 2011. [SB78 Detail]
Download: California-2011-SB78-Chaptered.html
BILL NUMBER: SB 78 CHAPTERED
BILL TEXT
CHAPTER 10
FILED WITH SECRETARY OF STATE MARCH 24, 2011
APPROVED BY GOVERNOR MARCH 24, 2011
PASSED THE SENATE MARCH 17, 2011
PASSED THE ASSEMBLY MARCH 17, 2011
AMENDED IN ASSEMBLY MARCH 17, 2011
AMENDED IN ASSEMBLY MARCH 14, 2011
INTRODUCED BY Committee on Budget and Fiscal Review
JANUARY 10, 2011
An act to amend Sections 11044, 20398, 68511.8, and 77206 of the
Government Code, to amend Sections 830.2, 830.5, and 6126.1 of, and
to amend and repeal Section 1465.8 of, the Penal Code, to amend
Sections 1051, 1826, 1850, 1850.5, 1851, 2250, 2250.4, 2250.6, 2253,
and 2620 of the Probate Code, and to add Part 2.5 (commencing with
Section 19201) to Division 2 of the Public Contract Code, relating to
the administration of justice, making an appropriation therefor, to
take effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
SB 78, Committee on Budget and Fiscal Review. Administration of
justice.
(1) Existing law created the Legal Services Revolving Fund in the
State Treasury. Existing law requires the Attorney General to charge
the costs incurred in providing legal services. Existing law
prohibits charges, except as approved by the Department of Finance,
for legal services to be against the General Fund. Existing law
requires the Controller to transfer the amount of the charges for
services rendered from the agency's appropriation to the
appropriation for the support of the Attorney General's Office;
however, the Attorney General is prohibited from requesting an amount
that exceeds the amount budgeted by the state agency for the
Attorney General's legal services.
This bill would delete the prohibition that charges for legal
services cannot be made against the General Fund. This bill would
require the Controller to transfer the amount of the charges for
services rendered from the agency's appropriation to the
appropriation for the support of the Attorney General's office using
the Controller's direct transfer process. This bill would require all
disputes to be resolved in accordance with a specified provision of
the State Administrative Manual.
(2) Existing law classifies certain police officers, sheriff
deputies, and firefighters who have responsibility for the direct
supervision of state peace officer/firefighter personnel as state
peace officer/firefighter members under the Public Employees'
Retirement System (PERS). Employees classified as safety members
under PERS, including state peace officer/firefighter members, are
generally entitled to higher benefits and subject to higher
contribution rates than employees classified as miscellaneous or
general members. Certain employees of the Office of the Inspector
General are peace officers and entitled to state peace
officer/firefighter benefits under PERS.
This bill would include in the state peace officer/firefighter
classification employees of the Office of the Inspector General who
are no longer peace officers after the effective date of this act but
who were hired as peace officers prior to April 1, 2011, or prior to
the first day of the first pay period following the enactment of
this act if this act is enacted after April 1, 2011.
(3) Existing law requires the Judicial Council to provide an
annual status report to the chairpersons of the budget committee in
each house of the Legislature and the Joint Legislative Budget
Committee regarding the California Case Management System and Court
Accounting and Reporting System on or before December 1 of each year
until project completion. Existing law requires the Administrative
Office of the Courts (AOC) to annually provide to those chairpersons
copies of any independent project oversight report for the California
Case Management System.
Existing law also provides that the California Case Management
System, and all other administrative and infrastructure information
technology projects of the Judicial Council or the courts with total
costs estimated at more than $5,000,000, shall be subject to the
review and recommendations of the California Technology Agency, as
specified. Existing law requires the Secretary of California
Technology to submit a copy of those reviews and recommendations to
the Joint Legislative Budget Committee.
This bill would instead require the Judicial Council to provide
the above-described status report on or before December 1 of each
year until the completion and full implementation of the project. The
bill would also require the AOC to retain an independent consultant
to review the California Case Management System and produce a written
independent assessment of the system, as specified. The bill would,
prior to the acceptance and deployment of the system, require the
independent consultant to provide the written assessment to the AOC,
require the AOC to provide a copy of the written assessment to
legislative budget committees, as specified, and require the AOC to
work with the development vendor to ensure that any flaws, defects,
or risks identified in the assessment are remedied during the
warranty period.
(4) Existing law provides that the Judicial Council may regulate
the budget and fiscal management of the trial courts. Existing law
requires the Administrative Office of the Courts to contract with the
Controller to perform specified audits, except as specified.
This bill would require that the audits referenced above
additionally determine compliance with the California Judicial Branch
Contract Law, as described in (8) below.
(5) Existing law creates the independent Office of the Inspector
General and provides that it is not a subdivision of any other
government entity. The Inspector General and certain other employees
of the office are peace officers provided that the primary duty of
these peace officers is conducting audits of investigatory practices
and other audits, as well as conducting investigations, of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, and the Board of Parole Hearings.
This bill would remove the Inspector General and other employees
of his or her office as peace officers, except for those employees
whose primary duties are conducting investigations of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
and the Board of Parole Hearings. The bill would make conforming
changes. The bill would further make nonsubstantive, technical
changes to these provisions.
(6) Existing law requires that $40 be imposed on every conviction
for a criminal offense, including traffic offenses, to ensure and
maintain adequate funding for court security. Existing law requires
that amount to be reduced to $30 on July 1, 2011, and reduced to $20
on July 1, 2013.
This bill would instead keep in effect the charge of $40 until
July 1, 2013, at which time the charge would be reduced to $30. The
bill would delete the provision reducing the charge to $20.
(7) Existing law regulates the terms and conditions of
conservatorships. Existing law authorizes a court to refer certain
issues relating to a conservatorship to a court investigator and
prescribes the duties of an investigator in this regard, which
include interviewing specified relatives of a proposed conservatee,
conducting investigations of, and reporting to a court about, the
appropriateness of a conservatorship, and, to the extent practicable,
reviewing accountings with a conservatee. Existing law requires a
court to review each limited conservatorship one year after the
appointment of the conservator and biennially thereafter. Existing
law permits specified parties to file a petition for an appointment
of a temporary guardian or a temporary conservator and establishes
requirements for the petition and for notice of the hearing on the
petition. Existing law also creates various requirements for a court
in this regard, and for a court investigator, including interviewing
a proposed conservatee and informing him or her of the nature,
purpose, and effect of a temporary conservatorship.
This bill would provide that a superior court is not required to
perform certain duties enacted by specified statutes in relation to
conservatorships, as described above, until an appropriation is made
that is identified for this purpose.
(8) The Public Contract Code generally governs contracts entered
into by a state agency, including contracts for the erection,
construction, alteration, repair, or improvement of any state
structure, building, road, or other state improvement of any kind, as
prescribed, and the acquisition of goods and services, by the state
agency, and also sets forth the requirements for the solicitation and
evaluation of bids and the awarding of those contracts. For purposes
of those laws, "state agency" does not include the courts, or any
agency in the judicial branch of government.
This bill would create the California Judicial Branch Contract
Law, which would apply specified provisions of the Public Contract
Code that are applicable to state agencies and departments to
specified contracts initially entered into or amended by judicial
branch entities, as defined, on or after October 1, 2011, as
provided. The bill would require specified contracts to be subject to
review by the Bureau of State Audits and all administrative and
infrastructure information technology projects of the Judicial
Council to be subject to review by the California Technology Agency,
as specified.
This bill would provide that the California Judicial Branch
Contract Law does not apply to procurement and contracting by
judicial branch entities that are related to trial court
construction, including, but not limited to, the planning, design,
construction, rehabilitation, renovation, replacement, lease, or
acquisition of trial court facilities.
This bill would also require the Judicial Council to provide a
report containing certain information relating to procurement to the
Joint Legislative Budget Committee twice a year, beginning in 2012,
as specified, and, by January 15, 2013, to provide a report to the
Joint Legislative Budget Committee on the process, transparency,
costs, and timeliness of its construction procurement practices. The
bill would also require the Legislative Analyst's Office to conduct
an analysis of the findings. The Legislative Analyst's Office may
request that the Department of General Services provide comparable
information, as specified. The bill would require the audits
referenced in (4) above to include an audit and report by the State
Auditor on his or her assessment of the implementation of the
California Judicial Branch Contract Law by the judicial branch. The
bill would provide that the State Auditor shall be reimbursed by the
judicial branch entity that is the subject of the audit for all
reasonable costs associated with conducting that audit.
(9) The DNA Fingerprint, Unresolved Crime and Innocence Protection
Act, an initiative measure, requires an additional penalty of one
dollar for every $10 or part thereof to be levied in each county upon
every fine, penalty, or forfeiture imposed and collected by the
courts for all criminal offenses, as specified. The act requires 25%
of those moneys to be transferred to the state's DNA Identification
Fund and specifies the purposes for which those funds may be used.
This bill would appropriate $1,000 from the DNA Identification
Fund to the Department of Justice for state operations, consistent
with those purposes, in the 2011-12 fiscal year.
(10) The California Constitution authorizes the Governor to
declare a fiscal emergency and to call the Legislature into special
session for that purpose. Governor Schwarzenegger issued a
proclamation declaring a fiscal emergency, and calling a special
session for this purpose, on December 6, 2010. Governor Brown issued
a proclamation on January 20, 2011, declaring and reaffirming that a
fiscal emergency exists and stating that his proclamation supersedes
the earlier proclamation for purposes of that constitutional
provision.
This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.
(11) This bill would declare that it is to take immediate effect
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11044 of the Government Code is amended to
read:
11044. (a) The Legal Services Revolving Fund is hereby created in
the State Treasury. The Department of Justice shall administer this
fund. Moneys in the fund, upon appropriation by the Legislature,
shall be used by the Attorney General for investigation and
litigation activities taken on behalf of the state agencies employing
the legal services of the department and for investigation and
litigation activities funded through judgments or settlements.
(b) For state agencies, departments, or programs that are charged
for the costs of legal services rendered by the Attorney General, the
Attorney General shall charge an amount sufficient to recover the
costs incurred in providing the legal services. These funds shall be
deposited into the Legal Services Revolving Fund.
(c) Upon the request of the Attorney General in the form
prescribed by the Controller, the Controller shall transfer the
amount of the charges for services rendered from the agency's
appropriation to the appropriation for the support of the Attorney
General's office using the Controller's direct transfer process.
Payments for these charges shall be credited to and in augmentation
of the appropriation for the support of the Attorney General's office
from which the cost of the services was or will be paid.
(d) A state agency that has a dispute regarding charges for legal
services provided by the Attorney General shall notify the Attorney
General, in writing, of the dispute and the basis for it. All
disputes shall be resolved in accordance with subdivision (l) of
Section 8474.1 of Chapter 8400 of the State Administrative Manual.
Upon resolution of the dispute in favor of the state agency, the
Attorney General shall provide a credit to the state agency for the
amount of the charges in dispute.
SEC. 2. Section 20398 of the Government Code is amended to read:
20398. "State peace officer/firefighter member" also includes:
(a) (1) State officers and employees designated as peace officers
as defined in Sections 830.1, 830.2, 830.3, 830.38, 830.4, and 830.5
of the Penal Code, or a firefighter whose principal duties consist of
active firefighting/fire suppression, who is either excluded from
the definition of state employee in subdivision (c) of Section 3513
or is a nonelected officer or employee of the executive branch of
government who is not a member of the civil service, if the majority
of his or her duties consists of one of the following:
(A) Responsibility for the direct supervision of state peace
officer/firefighter personnel specified in Sections 20391, 20392,
20393, and 20395.
(B) Conducting investigations or audits of investigatory practices
and other audits of, or in, the Department of Corrections and
Rehabilitation.
(C) Administration of programs of an agency, department, or other
organizational unit that is primarily responsible for active law
enforcement or active firefighting/fire suppression.
(2) For purposes of this subdivision, "administration" means the
actions of the employee designated as a peace officer/firefighter
member in a position that is in the direct chain of command over an
agency, department, or organizational unit in which the majority of
employees are state peace officer/firefighter members as described in
Section 20391, 20392, 20393, or 20395.
(b) "State peace officer/firefighter member" shall not include
persons whose primary responsibilities are limited to personnel
administration, budgeting, public affairs, data processing or
information technology, governmental relations, or legal support, or
administration or oversight of these responsibilities.
(c) "State peace officer/firefighter member" shall include
individuals hired prior to January 1, 2009, who do not meet the
criteria in subdivision (a) if those individuals have been
continuously employed in positions that were deemed to come within
the "state peace officer/firefighter member" classification pursuant
to this section prior to January 1, 2009.
(d) "State peace officer/firefighter member" shall include
individuals hired prior to April 1, 2011, or the first day of the
first pay period following the enactment of the act that added this
subdivision if that act is enacted after April 1, 2011, who do not
meet the criteria in subdivision (a) if those individuals have been
continuously employed in positions in the Office of the Inspector
General that were deemed to come within the "state peace
officer/firefighter member" classification pursuant to this section
prior to April 1, 2011, or prior to the first day of the first pay
period following the enactment of the act that added this subdivision
if that act is enacted after April 1, 2011.
(e) The Department of Personnel Administration shall annually
determine which classes meet the conditions described in this section
and are not classes specified in Sections 20391, 20392, 20393, and
20395, and report its findings to the Legislature and to this system,
to be effective July 1 of each year. An agency or department shall
not designate a classification as a "state peace officer/firefighter
member" classification pursuant to this section without prior
approval from the Department of Personnel Administration.
(f) Members who are reclassified pursuant to this section may file
an irrevocable election to remain subject to their prior retirement
formula and the corresponding rate of contributions. The Secretary of
the Department of Corrections and Rehabilitation may, upon
appointment to that office on or after January 1, 1999, file an
irrevocable election to be subject to the industrial formula and the
corresponding rate of contributions. The elections shall be filed
within 90 days of notification by the board. Members who so elect
shall be subject to the reduced benefit factors specified in Section
21353 or 21354.1, as applicable, only for the service included in the
federal system.
SEC. 3. Section 68511.8 of the Government Code is amended to read:
68511.8. (a) On or before December 1 of each year until the
completion and full implementation of the project, the Judicial
Council shall provide an annual status report to the chairperson of
the budget committee in each house of the Legislature and the
chairperson of the Joint Legislative Budget Committee with regard to
the California Case Management System and Court Accounting and
Reporting System. The report shall include, but is not limited to,
all of the following:
(1) Project accomplishments to date.
(2) Project activities underway.
(3) Proposed activities.
(4) Annual revenues and expenditures to date in support of these
projects, which shall include all costs for the Administrative Office
of the Courts and incremental court personnel, contracts, and
hardware and software.
(b) On or before December 1 of each year until project completion,
the Administrative Office of the Courts shall provide, on an annual
basis to the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, copies of any independent project oversight report for the
California Case Management System. The independent project oversight
report shall include, but is not limited to, a review and an
assessment of project activities, identification of deficiencies, and
recommendations to the Administrative Office of the Courts on how to
address those deficiencies. The Administrative Office of the Courts
shall include in the annual submission descriptions on actions taken
to address identified deficiencies.
(c) Within 18 months of fully implementing the California Case
Management System and the Court Accounting and Reporting System
projects, the Administrative Office of the Courts shall provide to
the chairperson of the budget committee in each house of the
Legislature and the chairperson of the Joint Legislative Budget
Committee, a postimplementation evaluation report for each project.
The report shall include, but is not limited to, a summary of the
project background, project results, and an assessment of the
attainment of project objectives.
(d) From the amount of funds that the Judicial Council has
approved for the development and implementation of the California
Case Management System (CCMS), the Administrative Office of the
Courts shall retain an independent consultant to review the system
and produce a written independent assessment. The independent
consultant who performs this independent assessment shall be selected
through a competitive process. The independent assessment shall
include, at a minimum, all of the following:
(1) An evaluation of whether the appropriate software development
processes were used to develop the system.
(2) A determination of whether the system was well designed, based
on generally accepted software development practices.
(3) Testing of the system to detect potential flaws in the system'
s ability to perform as expected.
(e) Prior to acceptance of the CCMS product from the development
vendor, and before deploying CCMS to any court, all of the following
shall have occurred:
(1) The independent consultant shall provide the written
independent assessment to the Administrative Office of the Courts.
(2) The Administrative Office of the Courts shall provide a copy
of the written independent assessment to each of the chairs and
vice-chairs of the Senate Committee on Budget and Fiscal Review and
the Assembly Committee on Budget no later than 10 days after it
receives the assessment from the independent consultant.
(f) Upon receiving the results of the independent assessment, the
Administrative Office of the Courts shall work with the development
vendor to ensure that any flaws, defects, or risks identified in the
independent assessment are remedied during the warranty period.
SEC. 4. Section 77206 of the Government Code is amended to read:
77206. (a) Notwithstanding any other law, the Judicial Council
may regulate the budget and fiscal management of the trial courts.
The Judicial Council, in consultation with the Controller, shall
maintain appropriate regulations for recordkeeping and accounting by
the courts. The Judicial Council shall seek to ensure, by these
provisions, both of the following:
(1) That the fiscal affairs of the trial courts are managed
efficiently, effectively, and responsibly.
(2) That all moneys collected by the courts, including filing
fees, fines, forfeitures, and penalties, and all revenues and
expenditures relating to court operations are known.
The Judicial Council may delegate its authority under this
section, when appropriate, to the Administrative Director of the
Courts.
(b) Regulations, rules, and reporting requirements adopted
pursuant to this chapter shall be exempt from review and approval or
other processing by the Office of Administrative Law as provided for
in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2.
(c) The Controller, at the request of the Legislature, may perform
and publish financial and fiscal compliance audits of the reports of
court revenues and expenditures. The Controller shall report the
results of these audits to the Legislature and the Judicial Council.
(d) The Judicial Council shall provide for the transmission of
summary information concerning court revenues and expenditures to the
Controller.
(e) The Judicial Council shall adopt rules to provide for
reasonable public access to budget allocation and expenditure
information at the state and local levels.
(f) The Judicial Council shall adopt rules ensuring that, upon
written request, the trial courts provide, in a timely manner,
information relating to the administration of the courts, including
financial information and other information that affects the wages,
hours, and working conditions of trial court employees.
(g) (1) The Judicial Council or its representatives may do any of
the following:
(A) Inspect, review, and perform comprehensive oversight and
analysis of court financial records wherever they may be located.
(B) Investigate allegations of financial impropriety or
mismanagement.
(2) The authority granted pursuant to this subdivision shall not
substitute for, or conflict with, the audits conducted pursuant to
subdivisions (h) and (i).
(h) (1) Commencing not earlier than July 1, 2011, and not later
than December 15, 2012, the entity contracted with pursuant to
subdivision (j) shall establish a pilot program to audit six trial
courts. That entity shall select the trial courts using the following
criteria:
(A) Two trial courts selected from counties with a population of
200,000 or less.
(B) Two trial courts selected from counties with a population
greater than 200,000 and less than 750,000.
(C) Two trial courts selected from counties with a population of
750,000 or greater.
The audits shall be performed in accordance with generally
accepted government auditing standards and shall determine the trial
court's compliance with governing statutes, rules, and regulations
relating to the revenues, expenditures, and fund balances of all
material and significant funds, including state General Fund funds,
funds generated from fees or fines, federal funds, grants, and any
other funds within the trial court's administration or control.
Pursuant to Section 19210 of the Public Contract Code, the audit
shall also determine compliance with Part 2.5 (commencing with
Section 19201) of Division 2 of the Public Contract Code. The audits
required by this section shall be in addition to any audit regularly
conducted pursuant to any other provision of law.
(2) Based on the results of the pilot program audits described in
paragraph (1), the entity contracted with pursuant to subdivision (j)
shall, on or before December 15, 2013, commence an audit of the
trial courts, provided that every trial court is audited in the
manner prescribed by this section at least once every four years. The
audits shall be performed in accordance with generally accepted
government auditing standards and shall determine the trial court's
compliance with governing statutes, rules, and regulations relating
to the revenues, expenditures, and fund balances of all material and
significant funds, including state General Fund funds, funds
generated from fees or fines, federal funds, grants, or any other
funds within the trial court's administration or control. Pursuant to
Section 19210 of the Public Contract Code, the audit shall also
determine compliance with Part 2.5 (commencing with Section 19201) of
Division 2 of the Public Contract Code. The audits required by this
paragraph shall be in addition to any audit regularly conducted
pursuant to any other provision of law.
(3) Notwithstanding Section 10231.5, the auditing entity shall
compile the trial court audit findings and report the results of
these audits to the Legislature, the Judicial Council, and the
Department of Finance no later than April 1 of each year. An audit
report shall not be considered final until the audited entity is
provided a reasonable opportunity to respond and the response is
included with, or incorporated into, the report.
(4) The reasonable and necessary contracted cost of the audit
conducted pursuant to this subdivision shall be paid from funds of
the local trial court being audited.
(i) (1) On or before December 15, 2013, and biennially thereafter,
the entity contracted with pursuant to subdivision (j) shall perform
an audit of the Administrative Office of the Courts in accordance
with generally accepted government auditing standards and shall
determine the Administrative Office of the Court's compliance with
governing statutes, rules, regulations, and policies relating to the
revenues, expenditures, and fund balances of all material and
significant funds under the administration, jurisdiction, or control
of the Administrative Office of the Courts. Pursuant to Section 19210
of the Public Contract Code, the audit shall also determine
compliance of the Administrative Office of the Courts, the Habeas
Corpus Resource Center, and the appellate courts with Part 2.5
(commencing with Section 19201) of Division 2 of the Public Contract
Code.
(2) Notwithstanding Section 10231.5, the auditing entity shall
provide a copy of the final audit report of the Administrative Office
of the Courts to the Legislature, the Judicial Council, and the
Department of Finance upon issuance. An audit report shall not be
considered final until the audited entity is provided a reasonable
opportunity to respond and the response is included with, or
incorporated into, the report.
(3) Any reasonable and necessary contracted costs incurred by the
auditing entity pursuant to this subdivision shall be reimbursed by
the Administrative Office of the Courts.
(j) The Administrative Office of the Courts shall contract with
the Controller to perform the audits described in subdivisions (h)
and (i), unless either the Bureau of State Audits or the Department
of Finance demonstrates that it can perform the audits pursuant to
the same timeframes, scope, and methodology as the Controller for a
cost that is less than that proposed by the Controller. In that case,
the Administrative Office of the Courts may contract with the state
entity named in this subdivision that is most cost effective. The
Administrative Office of the Courts shall provide written
notification to the chairs of the Senate Committee on Budget and
Fiscal Review, the Assembly Committee on Budget, and the Senate and
Assembly Committees on Judiciary, if the Administrative Office of the
Courts contracts with an entity other than the Controller. The
contract period for any contract entered into pursuant to this
section shall not exceed four years from the date of commencement.
(k) A report submitted pursuant to subdivision (h) or (i) shall be
submitted in compliance with Section 9795.
SEC. 5. Section 830.2 of the Penal Code is amended to read:
830.2. The following persons are peace officers whose authority
extends to any place in the state:
(a) Any member of the Department of the California Highway Patrol
including those members designated under subdivision (a) of Section
2250.1 of the Vehicle Code, provided that the primary duty of the
peace officer is the enforcement of any law relating to the use or
operation of vehicles upon the highways, or laws pertaining to the
provision of police services for the protection of state officers,
state properties, and the occupants of state properties, or both, as
set forth in the Vehicle Code and Government Code.
(b) A member of the University of California Police Department
appointed pursuant to Section 92600 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 92600 of the
Education Code.
(c) A member of the California State University Police Departments
appointed pursuant to Section 89560 of the Education Code, provided
that the primary duty of the peace officer shall be the enforcement
of the law within the area specified in Section 89560 of the
Education Code.
(d) (1) Any member of the Office of Correctional Safety of the
Department of Corrections and Rehabilitation, provided that the
primary duties of the peace officer shall be the investigation or
apprehension of inmates, wards, parolees, parole violators, or
escapees from state institutions, the transportation of those
persons, the investigation of any violation of criminal law
discovered while performing the usual and authorized duties of
employment, and the coordination of those activities with other
criminal justice agencies.
(2) Any member of the Office of Internal Affairs of the Department
of Corrections and Rehabilitation, provided that the primary duties
shall be criminal investigations of Department of Corrections and
Rehabilitation personnel and the coordination of those activities
with other criminal justice agencies. For purposes of this
subdivision, the member of the Office of Internal Affairs shall
possess certification from the Commission on Peace Officer Standards
and Training for investigators, or have completed training pursuant
to Section 6126.1 of the Penal Code.
(e) Employees of the Department of Fish and Game designated by the
director, provided that the primary duty of those peace officers
shall be the enforcement of the law as set forth in Section 856 of
the Fish and Game Code.
(f) Employees of the Department of Parks and Recreation designated
by the director pursuant to Section 5008 of the Public Resources
Code, provided that the primary duty of the peace officer shall be
the enforcement of the law as set forth in Section 5008 of the Public
Resources Code.
(g) The Director of Forestry and Fire Protection and employees or
classes of employees of the Department of Forestry and Fire
Protection designated by the director pursuant to Section 4156 of the
Public Resources Code, provided that the primary duty of the peace
officer shall be the enforcement of the law as that duty is set forth
in Section 4156 of the Public Resources Code.
(h) Persons employed by the Department of Alcoholic Beverage
Control for the enforcement of Division 9 (commencing with Section
23000) of the Business and Professions Code and designated by the
Director of Alcoholic Beverage Control, provided that the primary
duty of any of these peace officers shall be the enforcement of the
laws relating to alcoholic beverages, as that duty is set forth in
Section 25755 of the Business and Professions Code.
(i) Marshals and police appointed by the Board of Directors of the
California Exposition and State Fair pursuant to Section 3332 of the
Food and Agricultural Code, provided that the primary duty of the
peace officers shall be the enforcement of the law as prescribed in
that section.
(j) Employees of the Inspector General as designated by the
Inspector General are peace officers, provided that the primary duty
of these peace officers shall be conducting investigations of the
Department of Corrections and Rehabilitation, Division of Juvenile
Justice, and the Board of Parole Hearings.
SEC. 6. Section 830.5 of the Penal Code, as amended by Section 66
of Chapter 178 of the Statutes of 2010, is amended to read:
830.5. The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code. Except as
specified in this section, these peace officers may carry firearms
only if authorized and under those terms and conditions specified by
their employing agency:
(a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
(1) To conditions of parole or of probation by any person in this
state on parole or probation.
(2) To the escape of any inmate or ward from a state or local
institution.
(3) To the transportation of persons on parole or probation.
(4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
(5) (A) To the rendering of mutual aid to any other law
enforcement agency.
(B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
(C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
(D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
(b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
(c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or
chairperson may deny, suspend, or revoke for good cause a person's
right to carry a firearm under this subdivision. That person shall,
upon request, receive a hearing, as provided for in the negotiated
grievance procedure between the exclusive employee representative and
the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, or the Juvenile Parole Board, to review the
director's or the chairperson's decision.
(d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
(e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
(f) The secretary shall promulgate regulations consistent with
this section.
(g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
(h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.
SEC. 7. Section 6126.1 of the Penal Code is amended to read:
6126.1. (a) The Inspector General shall establish a certification
program for peace officers under the Inspector General's
jurisdiction who are subject to Section 830.2. The peace officer
training course shall be consistent with the standard courses
utilized by the Commission on Peace Officer Standards and Training
and other major investigative offices, such as county sheriff and
city police departments and the Department of the California Highway
Patrol.
(b) Beginning January 1, 1999, peace officers under the Inspector
General's jurisdiction conducting investigations for the Office of
the Inspector General shall complete investigation training
consistent with standard courses utilized by other major law
enforcement investigative offices and be certified within six months
of employment.
(c) Beginning January 1, 1999, all peace officers under the
Inspector General's jurisdiction shall successfully pass a
psychological screening exam before becoming employed with the Office
of the Inspector General.
SEC. 8. Section 1465.8 of the Penal Code, as amended by Section 33
of Chapter 720 of the Statutes of 2010, is amended to read:
1465.8. (a) (1) To ensure and maintain adequate funding for court
security, a charge of forty dollars ($40) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security charge
shall be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
(b) This charge shall be in addition to the state penalty assessed
pursuant to Section 1464 and may not be included in the base fine to
calculate the state penalty assessment as specified in subdivision
(a) of Section 1464. The penalties authorized by Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply to
this charge.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the charge prescribed by this section.
(d) Notwithstanding any other provision of law, the charges
collected pursuant to subdivision (a) shall all be deposited in a
special account in the county treasury and transmitted therefrom
monthly to the Controller for deposit in the Trial Court Trust Fund.
The charges collected pursuant to this section shall not be subject
to subdivision (e) of Section 1203.1d, but shall be disbursed under
subdivision (b) of Section 1203.1d.
(e) The Judicial Council shall provide for the administration of
this section.
(f) This section shall remain in effect only until July 1, 2013,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2013, deletes or extends that date.
SEC. 9. Section 1465.8 of the Penal Code, as amended by Section 34
of Chapter 720 of the Statutes of 2010, is amended to read:
1465.8. (a) (1) To ensure and maintain adequate funding for court
security, a charge of thirty dollars ($30) shall be imposed on every
conviction for a criminal offense, including a traffic offense,
except parking offenses as defined in subdivision (i) of Section
1463, involving a violation of a section of the Vehicle Code or any
local ordinance adopted pursuant to the Vehicle Code.
(2) For the purposes of this section, "conviction" includes the
dismissal of a traffic violation on the condition that the defendant
attend a court-ordered traffic violator school, as authorized by
Sections 41501 and 42005 of the Vehicle Code. This security charge
shall be deposited in accordance with subdivision (d), and may not be
included with the fee calculated and distributed pursuant to Section
42007 of the Vehicle Code.
(b) This charge shall be in addition to the state penalty assessed
pursuant to Section 1464 and may not be included in the base fine to
calculate the state penalty assessment as specified in subdivision
(a) of Section 1464. The penalties authorized by Chapter 12
(commencing with Section 76000) of Title 8 of the Government Code,
and the state surcharge authorized by Section 1465.7, do not apply to
this charge.
(c) When bail is deposited for an offense to which this section
applies, and for which a court appearance is not necessary, the
person making the deposit shall also deposit a sufficient amount to
include the charge prescribed by this section.
(d) Notwithstanding any other provision of law, the charges
collected pursuant to subdivision (a) shall all be deposited in a
special account in the county treasury and transmitted therefrom
monthly to the Controller for deposit in the Trial Court Trust Fund.
(e) The Judicial Council shall provide for the administration of
this section.
(f) This section shall become operative on July 1, 2013.
SEC. 10. Section 1465.8 of the Penal Code, as added by Section 35
of Chapter 720 of the Statutes of 2010, is repealed.
SEC. 11. Section 1051 of the Probate Code is amended to read:
1051. (a) In the absence of a stipulation to the contrary between
parties who have filed pleadings in a proceeding under this code,
there shall be no ex parte communications between any party, or
attorney for the party, and the court concerning a subject raised in
those pleadings, except as permitted or required by law.
(b) Notwithstanding subdivision (a), in any case upon which the
court has exercised its jurisdiction, the court may refer to the
court investigator or take other appropriate action in response to an
ex parte communication regarding either or both of the following:
(1) a fiduciary, as defined in Section 39, about the fiduciary's
performance of his or her duties and responsibilities, and (2) a
person who is the subject of a conservatorship or guardianship
proceeding under Division 4 (commencing with Section 1400). Any
action by the court pursuant to this subdivision shall be consistent
with due process and the requirements of this code. The court shall
disclose the ex parte communication to all parties and counsel. The
court may, for good cause, dispense with the disclosure if necessary
to protect the ward or conservatee from harm.
(c) The Judicial Council shall, on or before January 1, 2008,
adopt a rule of court to implement this section.
(d) Subdivisions (a) and (b) of this section shall become
operative on January 1, 2008.
(e) A superior court shall not be required to perform any duties
imposed by this section until the Legislature makes an appropriation
identified for this purpose.
SEC. 12. Section 1826 of the Probate Code is amended to read:
1826. Regardless of whether the proposed conservatee attends the
hearing, the court investigator shall do all of the following:
(a) Conduct the following interviews:
(1) The proposed conservatee personally.
(2) All petitioners and all proposed conservators who are not
petitioners.
(3) The proposed conservatee's spouse or registered domestic
partner and relatives within the first degree. If the proposed
conservatee does not have a spouse, registered domestic partner, or
relatives within the first degree, to the greatest extent possible,
the proposed conservatee's relatives within the second degree.
(4) To the greatest extent practical and taking into account the
proposed conservatee's wishes, the proposed conservatee's relatives
within the second degree not required to be interviewed under
paragraph (3), neighbors, and, if known, close friends.
(b) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the proceeding, and
of the right of the proposed conservatee to oppose the proceeding, to
attend the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
(c) Determine whether it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
(d) Review the allegations of the petition as to why the
appointment of the conservator is required and, in making his or her
determination, do the following:
(1) Refer to the supplemental information form submitted by the
petitioner and consider the facts set forth in the form that address
each of the categories specified in paragraphs (1) to (5), inclusive,
of subdivision (a) of Section 1821.
(2) Consider, to the extent practicable, whether he or she
believes the proposed conservatee suffers from any of the mental
function deficits listed in subdivision (a) of Section 811 that
significantly impairs the proposed conservatee's ability to
understand and appreciate the consequences of his or her actions in
connection with any of the functions described in subdivision (a) or
(b) of Section 1801 and identify the observations that support that
belief.
(e) Determine whether the proposed conservatee wishes to contest
the establishment of the conservatorship.
(f) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as conservator.
(g) Determine whether the proposed conservatee wishes to be
represented by legal counsel and, if so, whether the proposed
conservatee has retained legal counsel and, if not, the name of an
attorney the proposed conservatee wishes to retain.
(h) Determine whether the proposed conservatee is capable of
completing an affidavit of voter registration.
(i) If the proposed conservatee has not retained legal counsel,
determine whether the proposed conservatee desires the court to
appoint legal counsel.
(j) Determine whether the appointment of legal counsel would be
helpful to the resolution of the matter or is necessary to protect
the interests of the proposed conservatee in any case where the
proposed conservatee does not plan to retain legal counsel and has
not requested the appointment of legal counsel by the court.
(k) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing, including the proposed
conservatee's express communications concerning both of the
following:
(1) Representation by legal counsel.
(2) Whether the proposed conservatee is not willing to attend the
hearing, does not wish to contest the establishment of the
conservatorship, and does not object to the proposed conservator or
prefer that another person act as conservator.
(l) Mail, at least five days before the hearing, a copy of the
report referred to in subdivision (k) to all of the following:
(1) The attorney, if any, for the petitioner.
(2) The attorney, if any, for the proposed conservatee.
(3) The proposed conservatee.
(4) The spouse, registered domestic partner, and relatives within
the first degree of the proposed conservatee who are required to be
named in the petition for appointment of the conservator, unless the
court determines that the mailing will result in harm to the
conservatee.
(5) Any other persons as the court orders.
(m) The court investigator has discretion to release the report
required by this section to the public conservator, interested public
agencies, and the long-term care ombudsman.
(n) The report required by this section is confidential and shall
be made available only to parties, persons described in subdivision
(l), persons given notice of the petition who have requested this
report or who have appeared in the proceedings, their attorneys, and
the court. The court has discretion at any other time to release the
report, if it would serve the interests of the conservatee. The clerk
of the court shall provide for the limitation of the report
exclusively to persons entitled to its receipt.
(o) This section does not apply to a proposed conservatee who has
personally executed the petition for conservatorship, or one who has
nominated his or her own conservator, if he or she attends the
hearing.
(p) If the court investigator has performed an investigation
within the preceding six months and furnished a report thereon to the
court, the court may order, upon good cause shown, that another
investigation is not necessary or that a more limited investigation
may be performed.
(q) Any investigation by the court investigator related to a
temporary conservatorship also may be a part of the investigation for
the general petition for conservatorship, but the court investigator
shall make a second visit to the proposed conservatee and the report
required by this section shall include the effect of the temporary
conservatorship on the proposed conservatee.
(r) The Judicial Council shall, on or before January 1, 2009,
adopt rules of court and Judicial Council forms as necessary to
implement an expedited procedure to authorize, by court order, a
proposed conservatee's health care provider to disclose confidential
medical information about the proposed conservatee to a court
investigator pursuant to federal medical information privacy
regulations promulgated under the Health Insurance Portability and
Accountability Act of 1996.
(s) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 13. Section 1850 of the Probate Code is amended to read:
1850. (a) Except as provided in subdivision (b), each
conservatorship initiated pursuant to this part shall be reviewed by
the court as follows:
(1) At the expiration of six months after the initial appointment
of the conservator, the court investigator shall visit the
conservatee, conduct an investigation in accordance with the
provisions of subdivision (a) of Section 1851, and report to the
court regarding the appropriateness of the conservatorship and
whether the conservator is acting in the best interests of the
conservatee regarding the conservatee's placement, quality of care,
including physical and mental treatment, and finances. The court may,
in response to the investigator's report, take appropriate action
including, but not limited to:
(A) Ordering a review of the conservatorship pursuant to
subdivision (b).
(B) Ordering the conservator to submit an accounting pursuant to
subdivision (a) of Section 2620.
(2) One year after the appointment of the conservator and annually
thereafter. However, at the review that occurs one year after the
appointment of the conservator, and every subsequent review conducted
pursuant to this paragraph, the court may set the next review in two
years if the court determines that the conservator is acting in the
best interest interests of the conservatee. In these cases, the court
shall require the investigator to conduct an investigation pursuant
to subdivision (a) of Section 1851 one year before the next review
and file a status report in the conservatee's court file regarding
whether the conservatorship still appears to be warranted and whether
the conservator is acting in the best interests of the conservatee.
If the investigator determines pursuant to this investigation that
the conservatorship still appears to be warranted and that the
conservator is acting in the best interests of the conservatee
regarding the conservatee's placement, quality of care, including
physical and mental treatment, and finances, no hearing or court
action in response to the investigator's report is required.
(b) The court may, on its own motion or upon request by any
interested person, take appropriate action including, but not limited
to, ordering a review of the conservatorship, including at a noticed
hearing, and ordering the conservator to present an accounting of
the assets of the estate pursuant to Section 2620.
(c) Notice of a hearing pursuant to subdivision (b) shall be
provided to all persons listed in subdivision (b) of Section 1822.
(d) This chapter does not apply to either of the following:
(1) A conservatorship for an absentee as defined in Section 1403.
(2) A conservatorship of the estate for a nonresident of this
state where the conservatee is not present in this state.
(e) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2007.
(f) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 14. Section 1850.5 of the Probate Code is amended to read:
1850.5. (a) Notwithstanding Section 1850, each limited
conservatorship for a developmentally disabled adult, as defined in
subdivision (d) of Section 1801, shall be reviewed by the court one
year after the appointment of the conservator and biennially
thereafter.
(b) The court may, on its own motion or upon request by any
interested person, take appropriate action, including, but not
limited to, ordering a review of the limited conservatorship,
including at a noticed hearing, at any time.
(c) A superior court shall not be required to perform any duties
imposed by this section until the Legislature makes an appropriation
identified for this purpose.
SEC. 15. Section 1851 of the Probate Code is amended to read:
1851. (a) When court review is required pursuant to Section 1850,
the court investigator shall, without prior notice to the
conservator except as ordered by the court for necessity or to
prevent harm to the conservatee, visit the conservatee. The court
investigator shall inform the conservatee personally that the
conservatee is under a conservatorship and shall give the name of the
conservator to the conservatee. The court investigator shall
determine whether the conservatee wishes to petition the court for
termination of the conservatorship, whether the conservatee is still
in need of the conservatorship, whether the present conservator is
acting in the best interests of the conservatee, and whether the
conservatee is capable of completing an affidavit of voter
registration. In determining whether the conservator is acting in the
best interests of the conservatee, the court investigator's
evaluation shall include an examination of the conservatee's
placement, the quality of care, including physical and mental
treatment, and the conservatee's finances. To the extent practicable,
the investigator shall review the accounting with a conservatee who
has sufficient capacity. To the greatest extent possible, the court
investigator shall interview individuals set forth in subdivision (a)
of Section 1826, in order to determine if the conservator is acting
in the best interests of the conservatee. If the court has made an
order under Chapter 4 (commencing with Section 1870), the court
investigator shall determine whether the present condition of the
conservatee is such that the terms of the order should be modified or
the order revoked. Upon request of the court investigator, the
conservator shall make available to the court investigator during the
investigation for inspection and copying all books and records,
including receipts and any expenditures, of the conservatorship.
(b) (1) The findings of the court investigator, including the
facts upon which the findings are based, shall be certified in
writing to the court not less than 15 days prior to the date of
review. A copy of the report shall be mailed to the conservator and
to the attorneys of record for the conservator and conservatee at the
same time it is certified to the court. A copy of the report,
modified as set forth in paragraph (2), also shall be mailed to the
conservatee's spouse or registered domestic partner, the conservatee'
s relatives in the first degree, and if there are no such relatives,
to the next closest relative, unless the court determines that the
mailing will result in harm to the conservatee.
(2) Confidential medical information and confidential information
from the California Law Enforcement Telecommunications System shall
be in a separate attachment to the report and shall not be provided
in copies sent to the conservatee's spouse or registered domestic
partner, the conservatee's relatives in the first degree, and if
there are no such relatives, to the next closest relative.
(c) In the case of a limited conservatee, the court investigator
shall make a recommendation regarding the continuation or termination
of the limited conservatorship.
(d) The court investigator may personally visit the conservator
and other persons as may be necessary to determine whether the
present conservator is acting in the best interests of the
conservatee.
(e) The report required by this section shall be confidential and
shall be made available only to parties, persons described in
subdivision (b), persons given notice of the petition who have
requested the report or who have appeared in the proceeding, their
attorneys, and the court. The court shall have discretion at any
other time to release the report if it would serve the interests of
the conservatee. The clerk of the court shall make provision for
limiting disclosure of the report exclusively to persons entitled
thereto under this section.
(f) The amendments made to this section by the act adding this
subdivision shall become operative on July 1, 2007.
(g) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 16. Section 2250 of the Probate Code is amended to read:
2250. (a) On or after the filing of a petition for appointment of
a guardian or conservator, any person entitled to petition for
appointment of the guardian or conservator may file a petition for
appointment of:
(1) A temporary guardian of the person or estate or both.
(2) A temporary conservator of the person or estate or both.
(b) The petition shall state facts which establish good cause for
appointment of the temporary guardian or temporary conservator. The
court, upon that petition or other showing as it may require, may
appoint a temporary guardian of the person or estate or both, or a
temporary conservator of the person or estate or both, to serve
pending the final determination of the court upon the petition for
the appointment of the guardian or conservator.
(c) If the petitioner is a private professional conservator under
Section 2341 or licensed under the Professional Fiduciaries Act,
Chapter 6 (commencing with Section 6500) of Division 3 of the
Business and Professions Code, the petition for appointment of a
temporary conservator shall include both of the following:
(1) A statement of the petitioner's registration or license
information.
(2) A statement explaining who engaged the petitioner or how the
petitioner was engaged to file the petition for appointment of a
temporary conservator and what prior relationship the petitioner had
with the proposed conservatee or the proposed conservatee's family or
friends, unless that information is included in a petition for
appointment of a general conservator filed at the same time by the
person who filed the petition for appointment of a temporary
conservator.
(d) If the petition is filed by a party other than the proposed
conservatee, the petition shall include a declaration of due
diligence showing both of the following:
(1) Either the efforts to find the proposed conservatee's
relatives named in the petition for appointment of a general
conservator or why it was not feasible to contact any of them.
(2) Either the preferences of the proposed conservatee concerning
the appointment of a temporary conservator and the appointment of the
proposed temporary conservator or why it was not feasible to
ascertain those preferences.
(e) Unless the court for good cause otherwise orders, at least
five court days before the hearing on the petition, notice of the
hearing shall be given
as follows:
(1) Notice of the hearing shall be personally delivered to the
proposed ward if he or she is 12 years of age or older, to the parent
or parents of the proposed ward, and to any person having a valid
visitation order with the proposed ward that was effective at the
time of the filing of the petition. Notice of the hearing shall not
be delivered to the proposed ward if he or she is under 12 years of
age. In a proceeding for temporary guardianship of the person,
evidence that a custodial parent has died or become incapacitated,
and that the petitioner is the nominee of the custodial parent, may
constitute good cause for the court to order that this notice not be
delivered.
(2) Notice of the hearing shall be personally delivered to the
proposed conservatee, and notice of the hearing shall be served on
the persons required to be named in the petition for appointment of
conservator. If the petition states that the petitioner and the
proposed conservator have no prior relationship with the proposed
conservatee and has not been nominated by a family member, friend, or
other person with a relationship to the proposed conservatee, notice
of hearing shall be served on the public guardian of the county in
which the petition is filed.
(3) A copy of the petition for temporary appointment shall be
served with the notice of hearing.
(f) If a temporary guardianship is granted ex parte and the
hearing on the general guardianship petition is not to be held within
30 days of the granting of the temporary guardianship, the court
shall set a hearing within 30 days to reconsider the temporary
guardianship. Notice of the hearing for reconsideration of the
temporary guardianship shall be provided pursuant to Section 1511,
except that the court may for good cause shorten the time for the
notice of the hearing.
(g) Visitation orders with the proposed ward granted prior to the
filing of a petition for temporary guardianship shall remain in
effect, unless for good cause the court orders otherwise.
(h) (1) If a temporary conservatorship is granted ex parte, and a
petition to terminate the temporary conservatorship is filed more
than 15 days before the first hearing on the general petition for
appointment of conservator, the court shall set a hearing within 15
days of the filing of the petition for termination of the temporary
conservatorship to reconsider the temporary conservatorship. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship shall be given at least 10
days prior to the hearing.
(2) If a petition to terminate the temporary conservatorship is
filed within 15 days before the first hearing on the general petition
for appointment of conservator, the court shall set the hearing at
the same time that the hearing on the general petition is set. Unless
the court otherwise orders, notice of the hearing on the petition to
terminate the temporary conservatorship pursuant to this section
shall be given at least five court days prior to the hearing.
(i) If the court suspends powers of the guardian or conservator
under Section 2334 or 2654 or under any other provision of this
division, the court may appoint a temporary guardian or conservator
to exercise those powers until the powers are restored to the
guardian or conservator or a new guardian or conservator is
appointed.
(j) If for any reason a vacancy occurs in the office of guardian
or conservator, the court, on a petition filed under subdivision (a)
or on its own motion, may appoint a temporary guardian or conservator
to exercise the powers of the guardian or conservator until a new
guardian or conservator is appointed.
(k) On or before January 1, 2008, the Judicial Council shall adopt
a rule of court that establishes uniform standards for good cause
exceptions to the notice required by subdivision (e), limiting those
exceptions to only cases when waiver of the notice is essential to
protect the proposed conservatee or ward, or the estate of the
proposed conservatee or ward, from substantial harm.
(l) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 17. Section 2250.4 of the Probate Code is amended to read:
2250.4. The proposed temporary conservatee shall attend the
hearing except in the following cases:
(a) If the proposed temporary conservatee is out of the state when
served and is not the petitioner.
(b) If the proposed temporary conservatee is unable to attend the
hearing by reason of medical inability.
(c) If the court investigator has visited the proposed conservatee
prior to the hearing and the court investigator has reported to the
court that the proposed temporary conservatee has expressly
communicated that all of the following apply:
(1) The proposed conservatee is not willing to attend the hearing.
(2) The proposed conservatee does not wish to contest the
establishment of the temporary conservatorship.
(3) The proposed conservatee does not object to the proposed
temporary conservator or prefer that another person act as temporary
conservator.
(d) If the court determines that the proposed conservatee is
unable or unwilling to attend the hearing, and holding the hearing in
the absence of the proposed conservatee is necessary to protect the
conservatee from substantial harm.
(e) A superior court shall not be required to perform any duties
imposed by this section until the Legislature makes an appropriation
identified for this purpose.
SEC. 18. Section 2250.6 of the Probate Code is amended to read:
2250.6. (a) Regardless of whether the proposed temporary
conservatee attends the hearing, the court investigator shall do all
of the following prior to the hearing, unless it is not feasible to
do so, in which case the court investigator shall comply with the
requirements set forth in subdivision (b):
(1) Interview the proposed conservatee personally. The court
investigator also shall do all of the following:
(A) Interview the petitioner and the proposed conservator, if
different from the petitioner.
(B) To the greatest extent possible, interview the proposed
conservatee's spouse or registered domestic partner, relatives within
the first degree, neighbors and, if known, close friends.
(C) To the extent possible, interview the proposed conservatee's
relatives within the second degree as set forth in subdivision (b) of
Section 1821 before the hearing.
(2) Inform the proposed conservatee of the contents of the
citation, of the nature, purpose, and effect of the temporary
conservatorship, and of the right of the proposed conservatee to
oppose the proceeding, to attend the hearing, to have the matter of
the establishment of the conservatorship tried by jury, to be
represented by legal counsel if the proposed conservatee so chooses,
and to have legal counsel appointed by the court if unable to retain
legal counsel.
(3) Determine whether it appears that the proposed conservatee is
unable to attend the hearing and, if able to attend, whether the
proposed conservatee is willing to attend the hearing.
(4) Determine whether the proposed conservatee wishes to contest
the establishment of the conservatorship.
(5) Determine whether the proposed conservatee objects to the
proposed conservator or prefers another person to act as conservator.
(6) Report to the court, in writing, concerning all of the
foregoing.
(b) If not feasible before the hearing, the court investigator
shall do all of the following within two court days after the
hearing:
(1) Interview the conservatee personally. The court investigator
also shall do all of the following:
(A) Interview the petitioner and the proposed conservator, if
different from the petitioner.
(B) To the greatest extent possible, interview the proposed
conservatee's spouse or registered domestic partner, relatives within
the first degree, neighbors and, if known, close friends.
(C) To the extent possible, interview the proposed conservatee's
relatives within the second degree as set forth in subdivision (b) of
Section 1821.
(2) Inform the conservatee of the nature, purpose, and effect of
the temporary conservatorship, as well as the right of the
conservatee to oppose the proposed general conservatorship, to attend
the hearing, to have the matter of the establishment of the
conservatorship tried by jury, to be represented by legal counsel if
the proposed conservatee so chooses, and to have legal counsel
appointed by the court if unable to retain legal counsel.
(c) If the investigator does not visit the conservatee until after
the hearing at which a temporary conservator was appointed, and the
conservatee objects to the appointment of the temporary conservator,
or requests an attorney, the court investigator shall report this
information promptly, and in no event more than three court days
later, to the court. Upon receipt of that information, the court may
proceed with appointment of an attorney as provided in Chapter 4
(commencing with Section 1470) of Part 1.
(d) If it appears to the court investigator that the temporary
conservatorship is inappropriate, the court investigator shall
immediately, and in no event more than two court days later, provide
a written report to the court so the court can consider taking
appropriate action on its own motion.
(e) A superior court shall not be required to perform any duties
imposed by this section until the Legislature makes an appropriation
identified for this purpose.
SEC. 19. Section 2253 of the Probate Code is amended to read:
2253. (a) If a temporary conservator of the person proposes to
fix the residence of the conservatee at a place other than that where
the conservatee resided prior to the commencement of the
proceedings, that power shall be requested of the court in writing,
unless the change of residence is required of the conservatee by a
prior court order. The request shall be filed with the petition for
temporary conservatorship or, if a temporary conservatorship has
already been established, separately. The request shall specify in
particular the place to which the temporary conservator proposes to
move the conservatee, and the precise reasons why it is believed that
the conservatee will suffer irreparable harm if the change of
residence is not permitted, and why no means less restrictive of the
conservatee's liberty will suffice to prevent that harm.
(b) Unless the court for good cause orders otherwise, the court
investigator shall do all of the following:
(1) Interview the conservatee personally.
(2) Inform the conservatee of the nature, purpose, and effect of
the request made under subdivision (a), and of the right of the
conservatee to oppose the request, attend the hearing, be represented
by legal counsel if the conservatee so chooses, and to have legal
counsel appointed by the court if unable to obtain legal counsel.
(3) Determine whether the conservatee is unable to attend the
hearing because of medical inability and, if able to attend, whether
the conservatee is willing to attend the hearing.
(4) Determine whether the conservatee wishes to oppose the
request.
(5) Determine whether the conservatee wishes to be represented by
legal counsel at the hearing and, if so, whether the conservatee has
retained legal counsel and, if not, the name of an attorney the
proposed conservatee wishes to retain or whether the conservatee
desires the court to appoint legal counsel.
(6) If the conservatee does not plan to retain legal counsel and
has not requested the appointment of legal counsel by the court,
determine whether the appointment of legal counsel would be helpful
to the resolution of the matter or is necessary to protect the
interests of the conservatee.
(7) Determine whether the proposed change of place of residence is
required to prevent irreparable harm to the conservatee and whether
no means less restrictive of the conservatee's liberty will suffice
to prevent that harm.
(8) Report to the court in writing, at least two days before the
hearing, concerning all of the foregoing, including the conservatee's
express communications concerning representation by legal counsel
and whether the conservatee is not willing to attend the hearing and
does not wish to oppose the request.
(c) Within seven days of the date of filing of a temporary
conservator's request to remove the conservatee from his or her
previous place of residence, the court shall hold a hearing on the
request.
(d) The conservatee shall be present at the hearing except in the
following cases:
(1) Where the conservatee is unable to attend the hearing by
reason of medical inability. Emotional or psychological instability
is not good cause for the absence of the conservatee from the hearing
unless, by reason of that instability, attendance at the hearing is
likely to cause serious and immediate physiological damage to the
conservatee.
(2) Where the court investigator has reported to the court that
the conservatee has expressly communicated that the conservatee is
not willing to attend the hearing and does not wish to oppose the
request, and the court makes an order that the conservatee need not
attend the hearing.
(e) If the conservatee is unable to attend the hearing because of
medical inability, that inability shall be established (1) by the
affidavit or certificate of a licensed medical practitioner or (2) if
the conservatee is an adherent of a religion whose tenets and
practices call for reliance on prayer alone for healing and is under
treatment by an accredited practitioner of that religion, by the
affidavit of the practitioner. The affidavit or certificate is
evidence only of the conservatee's inability to attend the hearing
and shall not be considered in determining the issue of need for the
establishment of a conservatorship.
(f) At the hearing, the conservatee has the right to be
represented by counsel and the right to confront and cross-examine
any witness presented by or on behalf of the temporary conservator
and to present evidence on his or her own behalf.
(g) The court may approve the request to remove the conservatee
from the previous place of residence only if the court finds (1) that
change of residence is required to prevent irreparable harm to the
conservatee and (2) that no means less restrictive of the conservatee'
s liberty will suffice to prevent that harm. If an order is made
authorizing the temporary conservator to remove the conservatee from
the previous place of residence, the order shall specify the specific
place wherein the temporary conservator is authorized to place the
conservatee. The temporary conservator may not be authorized to
remove the conservatee from this state unless it is additionally
shown that such removal is required to permit the performance of
specified nonpsychiatric medical treatment, consented to by the
conservatee, which is essential to the conservatee's physical
survival. A temporary conservator who willfully removes a temporary
conservatee from this state without authorization of the court is
guilty of a felony.
(h) Subject to subdivision (e) of Section 2252, the court shall
also order the temporary conservator to take all reasonable steps to
preserve the status quo concerning the conservatee's previous place
of residence.
(i) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 20. Section 2620 of the Probate Code is amended to read:
2620. (a) At the expiration of one year from the time of
appointment and thereafter not less frequently than biennially,
unless otherwise ordered by the court to be more frequent, the
guardian or conservator shall present the accounting of the assets of
the estate of the ward or conservatee to the court for settlement
and allowance in the manner provided in Chapter 4 (commencing with
Section 1060) of Part 1 of Division 3. By January 1, 2008, the
Judicial Council, in consultation with the California Judges
Association, the California Association of Superior Court
Investigators, the California State Association of Public
Administrators, Public Guardians, and Public Conservators, the State
Bar of California, and the California Society of Certified Public
Accountants, shall develop a standard accounting form, a simplified
accounting form, and rules for when the simplified accounting form
may be used. After January 1, 2008, all accountings submitted
pursuant to this section shall be submitted on the Judicial Council
form.
(b) The final court accounting of the guardian or conservator
following the death of the ward or conservatee shall include a court
accounting for the period that ended on the date of death and a
separate accounting for the period subsequent to the date of death.
(c) Along with each court accounting, the guardian or conservator
shall file supporting documents, as provided in this section.
(1) For purposes of this subdivision, the term "account statement"
shall include any original account statement from any institution,
as defined in Section 2890, or any financial institution, as defined
in Section 2892, in which money or other assets of the estate are
held or deposited.
(2) The filing shall include all account statements showing the
account balance as of the closing date of the accounting period of
the court accounting. If the court accounting is the first court
accounting of the guardianship or conservatorship, the guardian or
conservator shall provide to the court all account statements showing
the account balance immediately preceding the date the conservator
or guardian was appointed and all account statements showing the
account balance as of the closing date of the first court accounting.
(3) If the guardian or conservator is a private professional or
licensed guardian or conservator, the guardian or conservator shall
also file all original account statements, as described above,
showing the balance as of all periods covered by the accounting.
(4) The filing shall include the original closing escrow statement
received showing the charges and credits for any sale of real
property of the estate.
(5) If the ward or conservatee is in a residential care facility
or a long-term care facility, the filing shall include the original
bill statements for the facility.
(6) This subdivision shall not apply to the public guardian if the
money belonging to the estate is pooled with money belonging to
other estates pursuant to Section 2940 and Article 3 (commencing with
Section 7640) of Chapter 4 of Part 1 of Division 7. Nothing in this
section shall affect any other duty or responsibility of the public
guardian with regard to managing money belonging to the estate or
filing accountings with the court.
(7) If any document to be filed or lodged with the court under
this section contains the ward's or conservatee's social security
number or any other personal information regarding the ward or
conservatee that would not ordinarily be disclosed in a court
accounting, an inventory and appraisal, or other nonconfidential
pleadings filed in the action, the account statement or other
document shall be attached to a separate affidavit describing the
character of the document, captioned "CONFIDENTIAL FINANCIAL
STATEMENT" in capital letters. Except as otherwise ordered by the
court, the clerk of the court shall keep the document confidential
except to the court and subject to disclosure only upon an order of
the court. The guardian or conservator may redact the ward's or
conservatee's social security number from any document lodged with
the court under this section.
(8) Courts may provide by local rule that the court shall retain
all documents lodged with it under this subdivision until the court's
determination of the guardian's or conservator's account has become
final, at which time the supporting documents shall be returned to
the depositing guardian or conservator or delivered to any successor
appointed by the court.
(d) Each accounting is subject to random or discretionary, full or
partial review by the court. The review may include consideration of
any information necessary to determine the accuracy of the
accounting. If the accounting has any material error, the court shall
make an express finding as to the severity of the error and what
further action is appropriate in response to the error, if any. Among
the actions available to the court is immediate suspension of the
guardian or conservator without further notice or proceedings and
appointment of a temporary guardian or conservator or removal of the
guardian or conservator pursuant to Section 2650 and appointment of a
temporary guardian or conservator.
(e) The guardian or conservator shall make available for
inspection and copying, upon reasonable notice, to any person
designated by the court to verify the accuracy of the accounting, all
books and records, including receipts for any expenditures, of the
guardianship or conservatorship.
(f) A superior court shall not be required to perform any duties
imposed pursuant to the amendments to this section enacted by Chapter
493 of the Statutes 2006 until the Legislature makes an
appropriation identified for this purpose.
SEC. 21. Part 2.5 (commencing with Section 19201) is added to
Division 2 of the Public Contract Code, to read:
PART 2.5. Contracting by Judicial Branch Entities
19201. This part may be cited as the California Judicial Branch
Contract Law.
19202. The Legislature finds and declares that placing all public
contract provisions for judicial branch entities in one part will
make that law clearer and easier to find. Further, it is the intent
of the Legislature in enacting this part to achieve the objectives as
set forth in Sections 100, 101, and 102.
19203. This part shall apply to all contracts initially entered
into or amended by judicial branch entities on or after October 1,
2011.
19204. (a) All judicial branch entities shall comply with the
provisions of this code that are applicable to state agencies and
departments related to the procurement of goods and services,
including information technology goods and services. All contracts
with total cost estimated at more than one million dollars
($1,000,000), except contracts covered by Section 68511.9 of the
Government Code, shall be subject to the review and recommendations
of the Bureau of State Audits to ensure compliance with this part. In
addition, all administrative and infrastructure information
technology projects of the Judicial Council or the courts with total
costs estimated at more than five million dollars ($5,000,000) shall
be subject to the reviews and recommendations of the California
Technology Agency, as specified in Section 68511.9 of the Government
Code.
(b) Except as provided in subdivision (c), procurement and
contracting for the planning, design, construction, rehabilitation,
renovation, replacement, lease, or acquisition of court facilities
shall be conducted by judicial branch entities consistent with the
relevant provisions of this code applicable to state agencies.
(c) Notwithstanding any other provision of law, this part does not
apply to procurement and contracting by judicial branch entities
that are related to trial court construction, including, but not
limited to, the planning, design, construction, rehabilitation,
renovation, replacement, lease, or acquisition of trial court
facilities. However, this part shall apply to contracts for
maintenance of all judicial branch facilities that are not under the
operation and management of the Department of General Services.
(d) Only until the Judicial Council adopts the Judicial Branch
Contracting Manual required pursuant to Section 19206, judicial
branch entities shall instead be governed by applicable policies and
procedures in the State Administrative Manual and the State
Contracting Manual, or policies and procedures as otherwise required
by law to be adopted by the Department of General Services applicable
to state agencies.
19205. (a) As used in this part, "judicial branch entity" means
any superior court, court of appeal, the California Supreme Court,
the Judicial Council, the Habeas Corpus Resource Center, or the
Administrative Office of the Courts.
(b) Where there is a reference in this code to an officer or
employee of a state agency, for purposes of this part, these terms
shall refer to a member, judicial officer, officer, employee, or
other person of a judicial branch entity, as applicable.
19206. The Judicial Council shall adopt and publish no later than
January 1, 2012, a Judicial Branch Contracting Manual incorporating
procurement and contracting policies and procedures that must be
followed by all judicial branch entities subject to this part. The
policies and procedures shall include a requirement that each
judicial branch entity shall adopt a local contracting manual for
procurement and contracting for goods or services by that judicial
branch entity. The policies and procedures in the manuals shall be
consistent with this code and substantially similar to the provisions
contained in the State Administrative Manual and the State
Contracting Manual.
19207. Except as provided in subdivision (a) of Section 19204 or
as otherwise specifically required by law applicable to any judicial
branch entity, nothing in this part is intended, nor shall it be
construed, to require the approval, review, or involvement of any
other state entity, including, but not limited to, the Department of
General Services or the Secretary of California Technology, in the
procurement of any judicial branch goods or services, including
information technology goods or services.
19208. Nothing in this part is intended, nor shall it be
construed to permit, the application of provisions of this code that
do not apply to state agencies and departments.
19209. (a) Beginning in 2012, twice each year, the Judicial
Council shall provide a report to the Joint Legislative Budget
Committee that provides information related to procurement of
contracts for the judicial branch. One report shall be provided no
later than February 1 of each year, covering the period from July 1
through December 31 of the prior year, and the second report shall be
provided no later than August 1 of each year, covering the period
from January 1 through June 30 of the same year.
(b) Each of the two annual reports shall
include a list of all vendors or contractors receiving payments from
any judicial branch entities. For each vendor or contractor receiving
any payment during the reporting period, the report shall provide a
separate listing for each distinct contract between that vendor or
contractor and a judicial branch entity. For every vendor or
contractor listed in the report, including for each distinct contract
for those contractors or vendors with more than one payment during
the period, the report shall further identify the amount of payment
to the contractor or vendor, the type of service or good provided,
and the judicial branch entity or entities with which the vendor or
contractor was contracted to provide that service or good.
(c) Each of the two annual reports shall include a list of all
contract amendments made during the report period. For each
amendment, the report shall identify the vendor or contractor, the
type of service or good provided under the contract, the nature of
the amendment, the duration of the amendment, and the cost of the
amendment.
19210. The audits required pursuant to subdivisions (h) and (i)
of Section 77206 of the Government Code shall include an audit and
report by the State Auditor on his or her assessment of the
implementation of this part by the judicial branch. The State Auditor
shall be reimbursed by the judicial branch entity that is the
subject of the audit for all reasonable costs associated with
conducting the audit required by this section.
SEC. 22. (a) The Judicial Council shall report to the Joint
Legislative Budget Committee by January 15, 2013, on the process,
transparency, costs, and timeliness of its construction procurement
practices. The information in this report shall include, but not be
limited to, the following for each court construction project
completed between January 1, 2008, and January 1, 2013:
(1) The dates that each step of the procurement and construction
process was completed, including steps involving the seeking or
selection of bidders or contractors, completion of the different
phases of project design and construction, and approvals by local
courts, the Judicial Council, the State Public Works Board, the
Governor, and the Legislature.
(2) The criteria and factors used in evaluating contractors for
prequalification as well as those used to evaluate bids, as well as
the number of bids received for each procurement.
(3) Identification of all project costs for each phase of design
and construction, including any cost increases and reasons for those
increases.
(4) Identification of the original project timeline for each phase
of design and construction, as well as all project delays and the
reasons associated in causing the project delays.
(5) The total project management costs incurred by the Judicial
Branch, including for existing staff who worked on each project,
distinguished by project activity.
(6) The total costs paid for contractors, distinguished by project
activity.
(b) Within 75 days of receiving the report required under
subdivision (a), the Legislative Analyst's Office shall conduct an
analysis of the findings and, based on information which shall be
provided by the Department of General Services, compare the costs and
timeliness of methods of delivery used by the judiciary to projects
of comparable size, scope, and geographic location procured under the
Public Contract Code provisions applicable to state agencies. At the
request of the Legislative Analyst's Office, the Department of
General Services shall provide the comparable information as that
required of the Judicial Council in subdivision (a) for those
projects managed by the Department of General Services.
SEC. 23. In addition to any amounts provided in the Budget Act of
2011, the sum of one thousand dollars ($1,000) is hereby appropriated
from the DNA Identification Fund to the Department of Justice for
purposes of state operations in the 2011-12 fiscal year, consistent
with Section 76104.6 of the Government Code.
SEC. 24. This act addresses the fiscal emergency declared and
reaffirmed by the Governor by proclamation on January 20, 2011,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.
SEC. 25. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.
