20250AB__172498AMD INTRODUCED 2026-02-05 AMENDED_ASSEMBLY 2026-04-09 2025 AB AMD Introduced by Assembly Member Ellis LEAD_AUTHOR ASSEMBLY Ellis

An act to add

Article 10 (commencing with

Section 72404) to

Chapter of Title of the Government Code, relating to courts. courts Court operations. Existing law requires the clerk of a court in which a person was convicted of a violation of the Vehicle Code or other specified provisions, to prepare and forward an abstract of the record of conviction to the Department of Motor Vehicles (DMV), as specified. Existing law authorizes the Judicial Council to perform audits, reviews, and investigations of superior court operations and records, as specified.

This bill would require the Judicial Council, commencing on January 1, 2028, and every years thereafter, to prepare and submit a report to the Legislature regarding superior court compliance with specified deadlines for transmitting an abstract of the record of conviction to the DMV, for certain violations, including vehicular manslaughter and driving under the influence of alcohol, pursuant to the above-described provisions. MAJORITY NO YES NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Article 10 (commencing with

Section 72404) is added to

Chapter of Title of the Government Code , to read: 10. Court Reporting to the Department of Motor Vehicles 72404. Commencing on January 1, 2028, and every three years thereafter, the Judicial Council shall, in compliance with

Section 9795, prepare and submit a report to the Legislature summarizing the compliance of each superior court with applicable deadlines for transmitting an abstract of the record to the Department of Motor Vehicles, pursuant to

Section of the Vehicle Code, for all of the following violations: (

a) Sections 23109, 23109.1, 23152, and of the Vehicle Code. (

b) Subdivision (

a) of

Section 192.5 of the Penal Code. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'13.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'77009.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_99C1CA22-F920-48C1-8F62-4D8EA28FA4AE"><caml:Num>77009.</caml:Num><caml:LawSectionVersion id="id_CCE97F17-EC80-4363-8391-E72883F5FDBE"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>The Judicial Council may establish bank accounts for the superior courts and require the courts to deposit moneys for trial court operations, and any other moneys under the control of the courts, into those accounts.

Deposits to these accounts shall include, but are not limited to, the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Moneys appropriated in the Budget Act and allocated or reallocated to the superior court by the Judicial Council.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Moneys held in trust.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Other moneys as deemed necessary or appropriate.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Subdivision (

a) shall not apply to payments from a party or a defendant received by the superior court for any criminal fees, fines, or forfeitures. However, the court and county may enter into a contract for the court to provide depository services in an account established by the Judicial Council for criminal fees, fines, and forfeitures, with the approval of the Administrative Director of the Courts. The contract shall identify the scope of service, method of service delivery, term of agreement, anticipated service outcomes, and the cost of the service.

The amount of any indirect or overhead costs shall be individually stated with the method of calculation of the indirect or overhead costs.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>Moneys deposited into a bank account established pursuant to subdivision (

a) for the Trial Court Operations Fund that are appropriated in the Budget Act and allocated or reallocated to the superior court by the Judicial Council shall be payable only for the purposes set forth in Sections and 77006.5, and for services purchased by the court pursuant to subdivisions (

b) and (

c) of

Section 77212.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>All moneys received by a superior court from any source for court operating and program purposes shall be deposited into a bank account established pursuant to subdivision (

a) and accounted for in the Trial Court Operations Fund. Moneys that are received to fulfill the requirements of

Article 4 (commencing with

Section 4250) of

Chapter of Part of Division and Division 14 (commencing with

Section 10000) of the Family Code shall be identified and maintained in a separate account established in the fund for this purpose.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>All other moneys deposited into a bank account established pursuant to subdivision (

a) and accounted for in the Trial Court Operations Fund that are received for purposes other than court operations, as defined in

Section and Rule 10.810 of the California Rules of Court, shall be identified and maintained in separate accounts in the fund.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>This subdivision shall not apply to either of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Moneys received by the courts pursuant to paragraph (2) of subdivision (

a) of this

section and

Section 68084, if those moneys are not for court operating or program purposes.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Payments from a party or a defendant received by the county for any fees, fines, or forfeitures; moneys collected by the superior court under

Chapter 5.8 (commencing with

Section 70600); or fees and fines to which

Section 68085.1 applies.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>The presiding judge of the superior court, or his or her designee, shall authorize and direct all expenditures by the court for operating and program purposes from any account established under subdivision (

b) or (c).</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>The Judicial Council, in consultation with the Controller’s office, shall establish procedures to implement this

section and to provide for payment of trial court operations expenses, as described in Sections and 77006.5, incurred on July 1, 1997, and thereafter.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>If the Judicial Council has not established bank accounts pursuant to subdivision (a), the court shall contract with the county for fiscal services. Each board of supervisors shall maintain in the county treasury a Trial Court Operations Fund, which will operate as an agency fund.

All moneys appropriated in the Budget Act and allocated and reallocated to the superior court in the county by the Judicial Council shall be deposited into the fund.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Moneys deposited into the fund that are appropriated for the Trial Court Operations Fund in the Budget Act and allocated or reallocated to the superior court by the Judicial Council shall be payable only for the purposes set forth in Sections and 77006.5, and for services purchased by the court pursuant to subdivisions (

b) and (

c) of

Section 77212. The presiding judge of the superior court, or his or her designee, shall authorize and direct expenditures from the fund and the county auditor-controller shall make payments from the funds as directed. Approval of the board of supervisors is not required for expenditure from this fund.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>All moneys received by a superior court from any source for court operating and program purposes shall be deposited in the fund, except as provided in this subdivision. Moneys that are received to fulfill the requirements of

Article 4 (commencing with

Section 4250) of

Chapter of Part of Division and Division 14 (commencing with

Section 10000) of the Family Code shall be identified and maintained in a separate account established in the fund for this purpose. All other moneys that are received for purposes other than court operations, as defined in

Section and Rule 10.810 of the California Rules of Court, shall be identified and maintained in one or more separate accounts established in the fund pursuant to procedures adopted by the Judicial Council. This subdivision shall only apply to moneys received by the courts for operating and program purposes. This subdivision shall not apply to either of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Moneys received by the courts pursuant to

Section 68084, if those funds are not for court operating or program purposes.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Payments from a party or a defendant received by the county for any fees, fines, or forfeitures; moneys collected by the superior court under

Chapter 5.8 (commencing with

Section 70600); or fees and fines to which

Section 68085.1 applies.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Interest received by a county that is attributable to investment of moneys, which interest is required by this subdivision to be deposited in the superior court’s fund, shall be deposited in the fund and shall be used for trial court operations purposes.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>In no event shall interest be charged to the superior court’s fund, except as provided in

Section 77009.1.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>Reasonable administrative expenses incurred by the county associated with the operation of this fund shall be charged to the superior court.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>A county, or city and county, may bill the superior court within its jurisdiction for costs for services provided by the county, or city and county, as described in Sections and 77212, including indirect costs as described in paragraph (7) of subdivision (

a) of

Section and

Section 77212. The costs billed by the county, or the city and the county, pursuant to this subdivision shall not exceed the costs incurred by the county, or the city and the county, of providing similar services to county departments or special districts.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>Pursuant to

Section 77206, the Controller, at the request of the Legislature, may perform financial and fiscal compliance audits of this fund.

The Judicial Council or its representatives may perform audits, reviews, and investigations of this fund wherever the records may be located.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>The Judicial Council or its representatives may perform audits, reviews, and investigations of superior court operations and records wherever they may be located.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Audits performed pursuant to this subdivision shall include a review of compliance with applicable deadlines for transmitting records to the Department of Motor Vehicles when a person is convicted of a violation relating to the safe operation of a vehicle.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>