Archived Past Proposals

The Remote Access to Electronic Court Records Working Group was established by the Judicial Council to review the California Rules of Court relating to remote access to electronic court records consistent with the council’s Remote Access to Electronic Court Records—Policy, Rationale, and Guidance. Having completed its determination of which rules fall within the Legislature’s responsibility because they concern the scope of remote access, the working group now proposes that the Judicial Council sponsor legislation to add 19 new sections to the Government Code to contain provisions from the rules that relate to who may access which electronic court records.

The Court Interpreters Advisory Panel recommends that the Judicial Council sponsor legislation
amending Evidence Code section 754 to allow courts, for good cause, to appoint American Sign
Language (ASL) interpreters who possess a generalist ASL credential and satisfy training,
education, and experience requirements approved by the Judicial Council, under a provisional
qualification process similar to that for spoken language court interpreters. These amendments
seek to address the limited availability of certified ASL court interpreters while ensuring
continued language access for deaf and hard-of-hearing individuals. The proposal also includes
revisions to statutory language to modernize terminology and clarify the Judicial Council’s role
in maintaining a roster of qualified interpreters.

The Judicial Branch Budget Committee recommends that the Judicial Council sponsor
legislation amending Government Code section 685141 and Penal Code section 1463.0072 to
improve compliance with the reporting requirements for collection programs.

The recommendations originate from an ad hoc collections working group of court and county
subject matter experts to amend relevant statutes to clarify responsibilities for performing
authorized collections activities.

The Family and Juvenile Law Advisory Committee recommends that the Judicial Council
sponsor legislation to amend Family Code section 3176 to allow for alternative methods
for the court to give notice to the parties about child custody mediation and require
specific content in the notice for cases involving domestic violence. The proposal
originates from a group of Family Court Services directors across the state seeking to
modernize the procedures for providing notice of child custody mediation by more cost-effective
methods, including electronic delivery.

[{"itc_description":"The Court Executives Advisory Committee (CEAC) and Jury Administration and Management Subcommittee (JAMS) propose amending the oaths administered to jurors and prospective jurors in Cal. CCP § 232 to use plain language."},{itc_description":"Deadline: Comments must be submitted by Friday, July 12, 2024, at, 5:00 PM (Pacific Time)."}]

The Criminal Law Advisory Committee recommends that the Judicial Council sponsor legislation to provide statutory authority for remote appearances in criminal proceedings, provide statutory authority for courts to order the personal presence of a misdemeanor defendant, and expand waiver of the defendant’s right to be personally present in a felony case.

The Information Technology Advisory Committee recommends the Judicial Council sponsor legislation to authorize courts to use vendors for storage of exhibits and evidence in electronic format. The purpose of the proposal is to facilitate the use of electronic exhibits and electronic evidence in courts. The proposal originates with recommendations from the Information Technology Advisory Committee’s Digital Evidence Workstream

As a result of comments from tribal court judges and advocates, the California Tribal Court–State Court Forum (Forum) and the Family and Juvenile Law Advisory Committee (Committee) recommend that the Judicial Council, effective January 1, 2022, sponsor legislation to add section 2611 to the Family Code and add subsection 1736(c) to the Code of Civil Procedure to ensure that valid divorce or dissolution judgments issued by tribal courts that include division of pension assets are effective and in particular are recognized as meeting the requirements of the Employee Retirement Income Security Act of 1974 (ERISA).

The Criminal Law Advisory Committee recommends that the Judicial Council sponsor legislation to amend Penal Code sections 1203.425, 1203.9, and 13151 to require notification between receiving courts and transferring courts of reductions of felonies to misdemeanors and dismissals of convictions in probation transfer cases.

The Civil and Small Claims, Family and Juvenile Law, and Information Technology Advisory Committees recommend the Judicial Council sponsor legislation to provide statutory authority for courts to permit remote video appearances in any civil actions or proceedings including trials and evidentiary hearings. The proposal originates with recommendations included in reports from the Commission on the Future of California’s Court System and the Information Technology Advisory Committee’s Remote Video Appearances Workstream.

At the direction of the Chief Justice, the Futures Traffic Working Group was charged with developing a proposal to implement and evaluate a civil model for adjudication of minor vehicle infractions. This proposal includes recommendations for statutory changes as well as appropriate standardized processes to free up court and law enforcement resources and simplify procedures for defendants. The proposal was informed by input from law enforcement, the Department of Motor Vehicles, organizations representing the interests of low-income Californians, and other stakeholders. The working group explored, evaluated, and now recommends options for online processing of all phases for all Vehicle Code infraction violations. This proposal provides an alternative to the current system of criminal adjudication of several million traffic infractions each year. Deadline to Submit comments: Monday, July 8, 2019 at 5:00 p.m.

The Information Technology Advisory Committee recommends the Judicial Council sponsor legislation to amend Code of Civil Procedure section 1010.6, which governs electronic filing and service in civil matters. The purpose of the proposal would be twofold: (1) to create consistency in the fee provisions by allowing courts to recover no more than their actual costs regardless of whether electronic filing and service is permitted by local rule, required by court order, or required by local rule; and (2) to account for signatures made not under penalty of perjury by persons other than the filer. The proposal originated with Judicial Council staff. Deadline to Submit comments: Friday, June 7, 2019 at 5:00 p.m.

The Information Technology Advisory Committee (ITAC) recommends the Judicial Council sponsor legislation to amend Penal Code section 1203.01 to allow for electronic delivery of documents currently required to be mailed following conviction. The proposal originated with a recommendation of the Judicial Council Data Exchange Working Group, which is made up of court participants and justice partners and is working to develop standardized data exchanges. Deadline to Submit comments: Friday, June 7, 2019 at 5:00 p.m.

The Civil and Small Claims Advisory Committee, at the suggestion of several courts, proposes that the Judicial Council sponsor legislation amending Penal Code section 18140, which currently requires that a law enforcement officer who requests a temporary emergency gun violence restraining order (emergency GVRO) “[f]ile a copy of the order with the court as soon as practicable after issuance.” (Pen. Code, § 18140(c).) The proposal would add a time frame of no later than three court days to ensure that the court receives the emergency GVRO with sufficient time to set and notice a hearing within 21 days, as required by newly enacted Penal Code section 18148. Deadline to Submit comments: Friday, June 7, 2019 at 5:00 p.m.

The Judicial Branch Budget Committee proposes statutory changes for telephone appearance service fees to update and improve the formula to reflect current revenue allocation standards in the courts. The committee also proposes amending the statutes that prescribe the method for transmitting fees to reflect current fiscal practices in the courts. This proposal has no impact on the fee charged to individuals for telephone appearance services. The proposal is based on a suggestion from a vendor of telephone appearance services. Deadline to Submit comments: Friday, June 7, 2019 at 5:00 p.m.