§ 1037.2. — 1037.2. (Amended by Stats. 2007, Ch. 130, Sec. 193.)

California § 1037.2.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 6.
• Part 2.: TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL
• Ch. 6.: CHAPTER 6. Change of Venue

Text

(a)
Change of venue costs, as defined in Section 1037, that are incurred by the receiving county and not defined as court operations under Section 77003 of the Government Code or Rule 10.810 of the California Rules of Court shall be considered to be county costs to be paid by the transferring county to the receiving county. County costs include, but are not limited to, alterations, including all construction-related costs, to a courthouse made that only resulted from the transfer of the trial, rental of furniture or equipment that only resulted from the transfer of the trial, inmate transportation provided by the county sheriff from the jail to the courthouse, security of the inmate or other participants in the trial, unique or extraordinary costs for the extended storage and safekeeping of evidence related to the trial, rental of jury parking lot, jury parking lot security and related costs, security expenses incurred by the county sheriff or a contracted agency that resulted only from the transfer of the trial, and information services for the court, jury, public, or media.
(b)
Transferring counties shall approve a budget and a timeline for the payment of county costs before the beginning of trial.
(c)
Claims for the costs described in subdivision (a) shall be forwarded to the treasurer and auditor of the transferring county on a monthly basis. The treasurer shall pay the amount of county costs out of the general funds of the transferring county within 30 days of receiving the claim for costs from the receiving county.
(d)
(1)
The transferring court may, in its sound discretion, determine the reasonable and necessary costs under this section.
(2)
The transferring court’s approval of costs shall become effective 10 days after the court has given written notice of the costs to the auditor of the transferring county.
(3)
During the 10-day period specified in paragraph (2), the auditor of the transferring county may contest the costs approved by the transferring court.
(4)
If the auditor of the transferring county fails to contest the costs within the 10-day period specified in paragraph (2), the transferring county shall be deemed to have waived the right to contest the imposition of these costs.

Legislative History

Amended by Stats. 2007, Ch. 130, Sec. 193. Effective January 1, 2008.