SB 405: Failure to appear in court: fines.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-09-30
Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment.
This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge.
Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified.
This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after September 30, 2015, to a comprehensive collection program for fines or bail already due. The bill would authorize the Judicial Council to consider, adopt, or develop recommendations for an appropriate mechanism to allow reinstatement of the driving privileges of a person who otherwise meets the criteria for amnesty but who has violations in more than one county.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment.
This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge.
Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified.
This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after September 30, 2015, to a comprehensive collection program for fines or bail already due. The bill would authorize the Judicial Council to consider, adopt, or develop recommendations for an appropriate mechanism to allow reinstatement of the driving privileges of a person who otherwise meets the criteria for amnesty but who has violations in more than one county.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment.
This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge.
Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified.
This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after September 30, 2015, to a comprehensive collection program for fines or bail already due. The bill would authorize the Judicial Council to consider, adopt, or develop recommendations for an appropriate mechanism to allow reinstatement of the driving privileges of a person who otherwise meets the criteria for amnesty but who has violations in more than one county.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment.
This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge.
Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified.
This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after an unspecified date September 30, 2015, to a comprehensive collection program for fines or bail already due.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment.
This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge.
Existing law authorized the court and county to establish a one-time amnesty program for fines or bail for specified infractions and misdemeanor violations due on or before January 1, 2009, if certain conditions were met, including that payments under the program were made between January 1, 2012, and June 30, 2012, inclusive. Existing law allowed a person owing a fine or bail that was eligible for amnesty under the program to pay to the court 50% of the total fine or bail, as defined, which the court was required to accept in full satisfaction of the delinquent fine or bail.
This bill would require the court to allow a person with a drivers license that is suspended for a specified reason, including violation of a written promise to appear in court, when the suspension was issued between January 1, 2013, and December 31, 2015, inclusive, and the person has an established payment plan for the fees or penalties connected to the suspension, and the person is not in default on any payments under that plan, to appear in court and ask for the suspension to be lifted and for the persons driving privilege to be restored. The bill would require the court to direct the department to lift the suspension and restore the persons driving privilege. The bill would require, upon completion of the payment plan, that the court file a certificate with the department indicating that the person has fully paid the amount owing. The bill would provide that these requirements do not affect the total amount of delinquent fines or penalties, and authorizes collection proceedings if the person defaults on the payment plan.
Existing law requires a county to establish an amnesty program for fines and bail initially due on or before January 1, 2013, for Vehicle Code infractions to be conducted in accordance with guidelines adopted by the Judicial Council. Existing law requires the program to accept payments from October 1, 2015, to March 31, 2017, inclusive. Eligibility criteria for the program include, among other things, that the person is not currently making payments to a comprehensive collection program for fines or bail already due, as specified.
This bill would revise that criterion to make a person eligible for the program if he or she has not made any payments after an unspecified date to a comprehensive collection program for fines or bail already due.
Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment.
The bill would provide that ability to post bail or to pay the fine or civil assessment is not a prerequisite to filing a request that the court vacate the assessment. The bill would also provide that the imposition or collection of bail or a civil assessment does not preclude a defendant from scheduling a court hearing on the underlying charge.
This bill would instead provide that the assessment would not become effective until at least 20 calendar days after the court mails a warning notice to the defendant. The bill would provide that payment of bail, fines, penalties, fees, or a civil assessment is not required in order for the court to vacate the assessment at the time the person makes an appearance, as specified. The bill would also provide that payment of a civil assessment is not required to schedule a court hearing on a pending underlying charge.
Existing law authorized the court and county to establish a one-time amnesty program for fines or bail for specified infractions and misdemeanor violations due on or before January 1, 2009, if certain conditions were met, including that payments under the program were made between January 1, 2012, and June 30, 2012, inclusive. Existing law allowed a person owing a fine or bail that was eligible for amnesty under the program to pay to the court 50% of the total fine or bail, as defined, which the court was required to accept in full satisfaction of the delinquent fine or bail.
This bill would require the court to allow a person with a drivers license that is suspended for a specified reason, including violation of a written promise to appear in court, when the suspension was issued between January 1, 2013, and December 31, 2015, inclusive, and the person has an established payment plan for the fees or penalties connected to the suspension, and the person is not in default on any payments under that plan, to appear in court and ask for the suspension to be lifted and for the persons driving privilege to be restored. The bill would require the court to direct the department to lift the suspension and restore the persons driving privilege. The bill would require, upon completion of the payment plan, that the court file a certificate with the department indicating that the person has fully paid the amount owing. The bill would provide that these requirements do not affect the total amount of delinquent fines or penalties, and authorizes collection proceedings if the person defaults on the payment plan.
Existing law authorizes the court, in addition to any other penalty in an infraction, misdemeanor, or felony case, to impose a civil assessment of up to $300 against any defendant who fails, after notice and without good cause, to appear in court for any proceeding authorized by law, or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail, as specified. Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant, and requires the court, if the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, to vacate the assessment.
The bill would provide that ability to post bail or to pay the fine or civil assessment is not a prerequisite to filing a request that the court vacate the assessment. The bill would also provide that the imposition or collection of bail or a civil assessment does not preclude a defendant from scheduling a court hearing on the underlying charge.
Existing law requires a county to establish a one-time amnesty program for fines and bail due on or before January 1, 2009, for certain infraction or misdemeanor violations of the Vehicle Code and the Penal Code. Existing law allows a person owing a fine or bail that was eligible for amnesty under this program to pay 50% of the total fine or bail, as defined, which is required to be accepted by the court in full satisfaction of the delinquent fine or bail. Under existing law, the amnesty program was operative from January 1, 2012, until June 30, 2012.
This bill would, until January 1, 2018, provide that a county that establishes an amnesty program to allow a person owing a fine or bail that was due on or before January 1, 2013, to pay either 20% of the delinquent amount owed, in full satisfaction of the fine or bail, if the person has income that does not exceed 125% of the federal poverty level or he or she is a recipient of any state or federal need-based assistance program, as specified, or 50% of the delinquent amount owed if he or she does not meet the above-described criteria. The bill would require a participant eligible to pay only 20% of the delinquent amount owed to declare, under penalty of perjury, that either his or her income does not exceed 125% of the federal poverty level or that he or she is a recipient of public assistance. The bill would also require a county that establishes an amnesty program to comply with guidelines promulgated by the Judicial Council. The bill would require the Department of Motor Vehicles to restore the driving privilege of a participant in the amnesty program whose drivers license was suspended for failure to appear in court or failure to pay a fine or bail, as specified. The bill would direct the Judicial Council to adopt guidelines for the amnesty program by March 1, 2016. The bill would require the Judicial Council to reimburse all costs, including personnel costs, incurred by the Department of Motor Vehicles associated with specified tasks, including posting on the departments Internet Web site information regarding the amnesty program. The bill would also require counties to file a report with the Judicial Council, for submission to the Legislature, regarding the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. The bill would state findings and declarations by the Legislature relative to these matters. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires a county to establish a one-time amnesty program for fines and bail due on or before January 1, 2009, for certain infraction or misdemeanor violations of the Vehicle Code and the Penal Code. Existing law allows a person owing a fine or bail that was eligible for amnesty under this program to pay 50% of the total fine or bail, as defined, which is required to be accepted by the court in full satisfaction of the delinquent fine or bail. Under existing law, the amnesty program was operative from January 1, 2012, until June 30, 2012.
This bill would, until January 1, 2018, require provide that a county that establishes an amnesty program to allow a person owing a fine or bail that was due on or before January 1, 2013, to pay a specified percentage of the delinquent amount in full satisfaction of the fine or bail and to comply either 20% of the delinquent amount owed, in full satisfaction of the fine or bail, if the person has income that does not exceed 125% of the federal poverty level or he or she is a recipient of any state or federal need-based assistance program, as specified, or 50% of the delinquent amount owed if he or she does not meet the above-described criteria. The bill would require a participant eligible to pay only 20% of the delinquent amount owed to declare, under penalty of perjury, that either his or her income does not exceed 125% of the federal poverty level or that he or she is a recipient of public assistance. The bill would also require a county that establishes an amnesty program to comply with guidelines promulgated by the Judicial Council. The bill would require the Department of Motor Vehicles to restore the driving privilege of a participant in the amnesty program whose drivers license was suspended for failure to appear in court or failure to pay a fine or bail, as specified. The bill would direct the Judicial Council to adopt guidelines for the amnesty program by March 1, 2016. The bill would require the Judicial Council to reimburse all costs, including personnel costs, incurred by the Department of Motor Vehicles associated with specified tasks, including posting on the departments Internet Web site information regarding the amnesty program. The bill would also require counties to file a report with the Judicial Council, for submission to the Legislature, regarding the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. The bill would state findings and declarations by the Legislature relative to these matters. By imposing these duties on counties, By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires a county to establish a one-time amnesty program for fines and bail due on or before January 1, 2009, for certain infraction or misdemeanor violations of the Vehicle Code and the Penal Code. Existing law allows a person owing a fine or bail that was eligible for amnesty under this program to pay 50% of the total fine or bail, as defined, which is required to be accepted by the court in full satisfaction of the delinquent fine or bail. Under existing law, the amnesty program was operative from January 1, 2012, until June 30, 2012.
This bill would, until January 1, 2018, require a county that establishes an amnesty program to allow a person owing a fine or bail that was due on or before January 1, 2013, to pay a specified percentage of the delinquent amount in full satisfaction of the fine or bail and to comply with guidelines promulgated by the Judicial Council. The bill would require the Department of Motor Vehicles to restore the driving privilege of a participant in the amnesty program whose drivers license was suspended for failure to appear in court or failure to pay a fine or bail, as specified. The bill would direct the Judicial Council to adopt guidelines for the amnesty program by March 1, 2016. The bill would also require counties to file a report with the Judicial Council, for submission to the Legislature, regarding the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. The bill would state findings and declarations by the Legislature relative to these matters. By imposing these duties on counties, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law authorizes the magistrate or clerk of a court to notify the Department of Motor Vehicles if any person has violated a written promise to appear or an order to appear, or willfully fails to pay a fine for a violation of specified provisions of the Vehicle Code. Existing law requires the department to suspend the drivers license of a person upon receipt of the above-described notice from the court that the person has violated a written promise to appear or willfully failed to pay a fine, if there are prior violations, as specified.
This bill would declare the intent of the Legislature to enact legislation to significantly reduce the number of persons who have their drivers license suspended and to establish a process for persons with a current suspension to get their driving privileges restored without first having to pay all court-ordered debt.
Existing law authorizes the magistrate or clerk of a court to notify the Department of Motor Vehicles if any person has violated a written promise to appear or an order to appear, or willfully fails to pay a fine for a violation of specified provisions of the Vehicle Code. Existing law requires the department to suspend the drivers license of a person upon receipt of the above-described notice from the court that the person has violated a written promise to appear or willfully failed to pay a fine, if there are prior violations, as specified.
This bill would declare the intent of the Legislature to enact legislation to significantly reduce the number of persons who have their drivers license suspended and to establish a process for persons with a current suspension to get their driving privileges restored without first having to pay all court-ordered debt.
(a)In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code.
(b)(1)The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendants last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.
(2)Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge.
(c)If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
(d)The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
(e)Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties.
SEC. 2.Section 42008.8 of the Vehicle Code is amended to read:42008.8.(a)The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:
(1)Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.
(2)Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.
(3)Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.
(4)Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.
(b)A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c)As used in this section, the term fine or bail refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following:
(1)Base fine or bail, as established by court order, by statute, or by the courts bail schedule.
(2)Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.
(3)State surcharges imposed pursuant to Section 1465.7 of the Penal Code.
(4)Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.
(5)Criminal conviction assessments pursuant to Section 70373 of the Government Code.
(d)Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.
(e)Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:
(1)The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(2)The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(3)Any person who is eligible for a drivers license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a drivers license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the drivers license but for the fines or bail to be collected through the program.
(4)The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.
(f)In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.
(g)A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met:
(1)The violation is an infraction violation filed with the court.
(2)It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).
(3)The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.
(4)The initial due date for payment of the fine or bail was on or before January 1, 2013.
(5)There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.
(6)The person does not owe victim restitution on any case within the county.
(7)The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code.
(h)(1)Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).
(2)If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).
(i)The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Councils guidelines. As part of its guidelines, the Judicial Council shall include all of the following:
(1)Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant.
(2)A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan.
(3)If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.
(4)A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.
(5)The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:
(A)Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.
(B)Posting on the departments Internet Web site information regarding the amnesty program.
(C)Personnel costs associated with the amnesty program.
(j)The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county.(k)No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(l)(1)The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.
(2)Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:
(A)The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.
(B)Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:
(i)An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers Training Fund.
(ii)An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.
(m)Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure orderly administration and implementation of the amnesty program for Vehicle Code violations as soon as possible, it is necessary that this measure take effect immediately.
(a)In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code.
(b)(1)The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendants last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.
(2)Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge.
(c)If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
(d)The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
(e)Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties.
SEC. 2.Section 42008.8 of the Vehicle Code is amended to read:42008.8.(a)The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:
(1)Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.
(2)Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.
(3)Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.
(4)Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.
(b)A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c)As used in this section, the term fine or bail refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following:
(1)Base fine or bail, as established by court order, by statute, or by the courts bail schedule.
(2)Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.
(3)State surcharges imposed pursuant to Section 1465.7 of the Penal Code.
(4)Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.
(5)Criminal conviction assessments pursuant to Section 70373 of the Government Code.
(d)Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.
(e)Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:
(1)The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(2)The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(3)Any person who is eligible for a drivers license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a drivers license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the drivers license but for the fines or bail to be collected through the program.
(4)The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.
(f)In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.
(g)A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met:
(1)The violation is an infraction violation filed with the court.
(2)It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).
(3)The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.
(4)The initial due date for payment of the fine or bail was on or before January 1, 2013.
(5)There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.
(6)The person does not owe victim restitution on any case within the county.
(7)The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code.
(h)(1)Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).
(2)If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).
(i)The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Councils guidelines. As part of its guidelines, the Judicial Council shall include all of the following:
(1)Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant.
(2)A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan.
(3)If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.
(4)A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.
(5)The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:
(A)Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.
(B)Posting on the departments Internet Web site information regarding the amnesty program.
(C)Personnel costs associated with the amnesty program.
(j)The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county.(k)No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(l)(1)The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.
(2)Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:
(A)The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.
(B)Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:
(i)An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers Training Fund.
(ii)An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.
(m)Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure orderly administration and implementation of the amnesty program for Vehicle Code violations as soon as possible, it is necessary that this measure take effect immediately.
(a)In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code.
(b)(1)The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendants last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.
(2)Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge.
(c)If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
(d)The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
(e)Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties.
SEC. 2.Section 42008.8 of the Vehicle Code is amended to read:42008.8.(a)The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:
(1)Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.
(2)Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.
(3)Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.
(4)Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.
(b)A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c)As used in this section, the term fine or bail refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following:
(1)Base fine or bail, as established by court order, by statute, or by the courts bail schedule.
(2)Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.
(3)State surcharges imposed pursuant to Section 1465.7 of the Penal Code.
(4)Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.
(5)Criminal conviction assessments pursuant to Section 70373 of the Government Code.
(d)Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.
(e)Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:
(1)The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(2)The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(3)Any person who is eligible for a drivers license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a drivers license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the drivers license but for the fines or bail to be collected through the program.
(4)The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.
(f)In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.
(g)A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met:
(1)The violation is an infraction violation filed with the court.
(2)It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).
(3)The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.
(4)The initial due date for payment of the fine or bail was on or before January 1, 2013.
(5)There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.
(6)The person does not owe victim restitution on any case within the county.
(7)The person has not made any payments for the violation after September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code.
(h)(1)Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).
(2)If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).
(i)The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Councils guidelines. As part of its guidelines, the Judicial Council shall include all of the following:
(1)Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant.
(2)A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan.
(3)If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.
(4)A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.
(5)The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:
(A)Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.
(B)Posting on the departments Internet Web site information regarding the amnesty program.
(C)Personnel costs associated with the amnesty program.
(j)The Judicial Council, in consultation with the department, may, within its existing resources, consider, adopt, or develop recommendations for an appropriate mechanism or mechanisms to allow reinstatement of the driving privilege of any person who otherwise meets the criteria for amnesty but who has violations in more than one county.(k)No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(k)
(l)(1)The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.
(2)Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:
(A)The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.
(B)Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:
(i)An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers Training Fund.
(ii)An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.
(l)
(m)Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure orderly administration and implementation of the amnesty program for Vehicle Code violations as soon as possible, it is necessary that this measure take effect immediately.
(a)In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code.
(b)(1)The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendants last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.
(2)Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge.
(c)If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
(d)The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
(e)Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties.
SEC. 2.Section 42008.8 of the Vehicle Code is amended to read:42008.8.(a)The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:
(1)Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.
(2)Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.
(3)Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.
(4)Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.
(b)A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c)As used in this section, the term fine or bail refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following:
(1)Base fine or bail, as established by court order, by statute, or by the courts bail schedule.
(2)Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.
(3)State surcharges imposed pursuant to Section 1465.7 of the Penal Code.
(4)Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.
(5)Criminal conviction assessments pursuant to Section 70373 of the Government Code.
(d)Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.
(e)Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:
(1)The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(2)The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(3)Any person who is eligible for a drivers license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a drivers license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the drivers license but for the fines or bail to be collected through the program.
(4)The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.
(f)In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.
(g)A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met:
(1)The violation is an infraction violation filed with the court.
(2)It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).
(3)The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.
(4)The initial due date for payment of the fine or bail was on or before January 1, 2013.
(5)There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.
(6)The person does not owe victim restitution on any case within the county.
(7)The person has not made any payments after____, September 30, 2015, to a comprehensive collection program in the county pursuant to subdivision (c) of Section 1463.007 of the Penal Code.
(h)(1)Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).
(2)If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).
(i)The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Councils guidelines. As part of its guidelines, the Judicial Council shall include all of the following:
(1)Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant.
(2)A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan.
(3)If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.
(4)A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.
(5)The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:
(A)Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.
(B)Posting on the departments Internet Web site information regarding the amnesty program.
(C)Personnel costs associated with the amnesty program.
(j)No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(k)(1)The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.
(2)Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:
(A)The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.
(B)Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:
(i)An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers Training Fund.
(ii)An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.
(l)Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.
SEC. 3.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure orderly administration and implementation of the amnesty program for Vehicle Code violations as soon as possible, it is necessary that this measure take effect immediately.
(a)In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code.
(b)(1)The assessment imposed pursuant to subdivision (a) shall not become effective until at least 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendants last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.
(2)Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not be required to schedule a court hearing on a pending underlying charge.
(c)If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
(d)The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
(e)Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties.
SEC. 2.Section 42008.9 is added to the Vehicle Code, to read:42008.9.(a)The court shall allow a person with a drivers license suspension pursuant to Section 13365 that was issued from January 1, 2013, through December 31, 2015, inclusive, and the person has an established payment plan for the fees or penalties connected to the suspension, and the person is not in default on any payments under that plan, to appear in court and ask for the suspension to be lifted and for the persons driving privilege to be restored. The court shall direct the department to lift the suspension and restore the persons driving privilege.
(b)Upon completion of the payment plan described in subdivision (a), the court shall issue and file with the department the appropriate certificate pursuant to subdivision (b) of Section 40509.
(c)This section does not affect the total amount of delinquent fines or bail owed by the person. If a person subject to this section defaults on the payment plan described in subdivision (a), the court shall pursue collection of the delinquent fines or bail pursuant to Section 1463.007 of the Penal Code. However, those collection efforts shall not include a suspension of the persons drivers license.
SEC. 2.Section 42008.8 of the Vehicle Code is amended to read:42008.8.(a)The Legislature finds and declares that a one-time infraction amnesty program would do all of the following:
(1)Provide relief to individuals who have found themselves in violation of a court-ordered obligation because they have unpaid traffic bail or fines.
(2)Provide relief to individuals who have found themselves in violation of a court-ordered obligation or who have had their driving privileges suspended pursuant to Section 13365.
(3)Provide increased revenue at a time when revenue is scarce by encouraging payment of old fines that have remained unpaid.
(4)Allow courts and counties to resolve older delinquent cases and focus limited resources on collections for more recent cases.
(b)A one-time amnesty program for fines and bail meeting the eligibility requirements set forth in subdivision (e) (g) shall be established in each county. Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c)As used in this section, the term fine or bail refers to the total amounts due in connection with a specific violation, which include, but are not limited to, all of the following:
(1)Base fine or bail, as established by court order, by statute, or by the courts bail schedule.
(2)Penalty assessments imposed pursuant to Section 1464 of the Penal Code, and Sections 70372, 76000, 76000.5, 76104.6, and 76104.7 of, and paragraph (1) of subdivision (c) of Section 76000.10 of, the Government Code, and Section 42006 of this code.
(3)State surcharges imposed pursuant to Section 1465.7 of the Penal Code.
(4)Court operations assessments imposed pursuant to Section 1465.8 of the Penal Code.
(5)Criminal conviction assessments pursuant to Section 70373 of the Government Code.
(d)Notwithstanding subdivision (c), any civil assessment imposed pursuant to Section 1214.1 of the Penal Code shall not be collected, nor shall the payment of that assessment be a requirement of participation in the amnesty program.
(e)Concurrent with the amnesty program established pursuant to subdivision (b), between October 1, 2015, to March 31, 2017, inclusive, the following shall apply:
(1)The court shall issue and file with the Department of Motor Vehicles the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any participant of the one-time amnesty program established pursuant to subdivision (b) demonstrating that the participant has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege of that participant was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(2)The court shall issue and file with the department the appropriate certificate pursuant to subdivisions (a) and (b) of Section 40509 for any person in good standing in a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code demonstrating that the person has appeared in court, paid the fine, or otherwise satisfied the court, if the driving privilege was suspended pursuant to Section 13365 in connection with a specific violation described in paragraph (1), (2), or (3) of subdivision (g).
(3)Any person who is eligible for a drivers license pursuant to Section 12801, 12801.5, or 12801.9 shall be eligible for the amnesty program established pursuant to subdivision (b) for any specific violation described in subdivision (g). The department shall issue a drivers license to any person who is eligible pursuant to Section 12801, 12801.5, or 12801.9 if the person is participating in the amnesty program and is otherwise eligible for the drivers license but for the fines or bail to be collected through the program.
(4)The Department of Motor Vehicles shall not deny reinstating the driving privilege of any person who participates in the amnesty program established pursuant to subdivision (b) for any fines or bail in connection with the specific violation that is the basis for participation in the amnesty program.
(f)In addition to, and at the same time as, the mandatory one-time amnesty program is established pursuant to subdivision (b), the court and the county may jointly agree to extend that amnesty program to fines and bail imposed for a misdemeanor violation of this code and a violation of Section 853.7 of the Penal Code that was added to the misdemeanor case otherwise subject to the amnesty. The amnesty program authorized pursuant to this subdivision shall not apply to parking violations and violations of Sections 23103, 23104, 23105, 23152, and 23153.
(g)A violation is only eligible for amnesty if paragraph (1), (2), or (3) applies, and the requirements of paragraphs (4) to (7), inclusive, are met:
(1)The violation is an infraction violation filed with the court.
(2)It is a violation of subdivision (a) or (b) of Section 40508, or a violation of Section 853.7 of the Penal Code that was added to the case subject to paragraph (1).
(3)The violation is a misdemeanor violation filed with the court to which subdivision (f) applies.
(4)The initial due date for payment of the fine or bail was on or before January 1, 2013.
(5)There are no outstanding misdemeanor or felony warrants for the defendant within the county, except for misdemeanor warrants for misdemeanor violations subject to this section.
(6)The person does not owe victim restitution on any case within the county.
(7)The person is not currently making has not made any payments after____, to a comprehensive collection program pursuant to subdivision (c) of Section 1463.007 of the Penal Code.
(h)(1)Except as provided in paragraph (2), each amnesty program shall accept, in full satisfaction of any eligible fine or bail, 50 percent of the fine or bail amount, as defined in subdivision (c).
(2)If the participant certifies under penalty of perjury that he or she receives any of the public benefits listed in subdivision (a) of Section 68632 of the Government Code or is within the conditions described in subdivision (b) of Section 68632 of the Government Code, the amnesty program shall accept, in full satisfaction of any eligible fine or bail, 20 percent of the fine or bail amount, as defined in subdivision (c).
(i)The Judicial Council, in consultation with the California State Association of Counties, shall adopt guidelines for the amnesty program no later than October 1, 2015, and each program shall be conducted in accordance with the Judicial Councils guidelines. As part of its guidelines, the Judicial Council shall include all of the following:
(1)Each court or county responsible for implementation of the amnesty program pursuant to subdivision (b) shall recover costs pursuant to subdivision (a) of Section 1463.007 of the Penal Code and may charge an amnesty program fee of fifty dollars ($50) that may be collected with the receipt of the first payment of a participant.
(2)A payment plan option created pursuant to Judicial Council guidelines in which a monthly payment is equal to the amount that an eligible participant can afford to pay per month consistent with Sections 68633 and 68634 of the Government Code. If a participant chooses the payment plan option, the county or court shall collect all relevant information to allow for collection by the Franchise Tax Board pursuant to existing protocols prescribed by the Franchise Tax Board to collect delinquent debts of any amount in which a participant is delinquent or otherwise in default under his or her amnesty payment plan.
(3)If a participant does not comply with the terms of his or her payment plan under the amnesty program, including failing to make one or more payments, the appropriate agency shall send a notice to the participant that he or she has failed to make one or more payments and that the participant has 30 days to either resume making payments or to request that the agency change the payment amount. If the participant fails to respond to the notice within 30 days, the appropriate agency may refer the participant to the Franchise Tax Board for collection of any remaining balance owed, including an amount equal to the reasonable administrative costs incurred by the Franchise Tax Board to collect the delinquent amount owed. The Franchise Tax Board shall collect any delinquent amounts owed pursuant to existing protocols prescribed by the Franchise Tax Board. The comprehensive collection program may also utilize additional collection efforts pursuant to Section 1463.007 of the Penal Code, except for subparagraph (C) of paragraph (4) of subdivision (c) of that section.
(4)A plan for outreach that will, at a minimum, make available via an Internet Web site relevant information regarding the amnesty program, including how an individual may participate in the amnesty program.
(5)The Judicial Council shall reimburse costs incurred by the Department of Motor Vehicles up to an amount not to exceed two hundred fifty thousand dollars ($250,000), including all of the following:
(A)Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section that is compliant with Section 7292 of the Government Code.
(B)Posting on the departments Internet Web site information regarding the amnesty program.
(C)Personnel costs associated with the amnesty program.
(j)No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(k)(1)The total amount of funds collected under the amnesty program shall, as soon as practical after receipt thereof, be deposited in the county treasury or the account established under Section 77009 of the Government Code. After acceptance of the amount specified in subdivision (h), notwithstanding Section 1203.1d of the Penal Code, the remaining revenues collected under the amnesty program shall be distributed on a pro rata basis in the same manner as a partial payment distributed pursuant to Section 1462.5 of the Penal Code.
(2)Notwithstanding Section 1464 of the Penal Code, the amount of funds collected pursuant to this section that would be available for distribution pursuant to subdivision (f) of Section 1464 of the Penal Code shall instead be distributed as follows:
(A)The first two hundred fifty thousand dollars ($250,000) received shall be transferred to the Judicial Council.
(B)Following the transfer of the funds described in subparagraph (A), once a month, both of the following transfers shall occur:
(i)An amount equal to 82.20 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Peace Officers Training Fund.
(ii)An amount equal to 17.80 percent of the amount of funds collected pursuant to this section during the preceding month shall be transferred into the Corrections Training Fund.
(l)Each court or county implementing an amnesty program shall file, not later than May 31, 2017, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. Notwithstanding Section 10231.5 of the Government Code, on or before August 31, 2017, the Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county.
(a)In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code.
(b)(1)The assessment imposed pursuant to subdivision (a) shall not become effective until at least 10 20 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendants last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.
(2)Ability to post bail or to pay the civil assessment shall not be a prerequisite to filing a request that the court vacate the assessment. Imposition or collection of bail or Payment of bail, fines, penalties, fees, or a civil assessment shall not be required in order for the court to vacate the assessment at the time of appearance pursuant to paragraph (1). Payment of a civil assessment shall not preclude a defendant from scheduling be required to schedule a court hearing on the a pending underlying charge.
(c)If a civil assessment is imposed pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
(d)The assessment imposed pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
(e)Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties.
SEC. 2.Section 42008.9 is added to the Vehicle Code, to read:42008.9.(a)The court shall allow a person with a drivers license suspension pursuant to Section 13365 that was issued from January 1, 2013, through December 31, 2015, inclusive, and the person has an established payment plan for the fees or penalties connected to the suspension, and the person is not in default on any payments under that plan, to appear in court and ask for the suspension to be lifted and for the persons driving privilege to be restored. The court shall direct the department to lift the suspension and restore the persons driving privilege.
(b)Upon completion of the payment plan described in subdivision (a), the court shall issue and file with the department the appropriate certificate pursuant to subdivision (b) of Section 40509.
(c)This section does not affect the total amount of delinquent fines or bail owed by the person. If a person subject to this section defaults on the payment plan described in subdivision (a), the court shall pursue collection of the delinquent fines or bail pursuant to Section 1463.007 of the Penal Code. However, those collection efforts shall not include a suspension of the persons drivers license.
(a)In addition to any other penalty in infraction, misdemeanor, or felony cases, the court may impose a civil assessment of up to three hundred dollars ($300) against any a defendant who fails, after notice and without good cause, to appear in court for any a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed to under Section 40510.5 of the Vehicle Code. This assessment shall be deposited in the Trial Court Trust Fund, as provided in Section 68085.1 of the Government Code.
(b)(1)The assessment imposed pursuant to subdivision (a) shall not become effective until at least 10 calendar days after the court mails a warning notice to the defendant by first-class mail to the address shown on the notice to appear or to the defendants last known address. If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.
(2)Ability to post bail or to pay the civil assessment shall not be a prerequisite to filing a request that the court vacate the assessment. Imposition or collection of bail or a civil assessment shall not preclude a defendant from scheduling a court hearing on the underlying charge.
(c)If a civil assessment is imposed under this section, pursuant to subdivision (a), no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. An outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
(d)The assessment imposed under pursuant to subdivision (a) shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
(e)Each court and county shall maintain the collection program that was in effect on July 1, 2005, unless otherwise agreed to by the court and county. If a court and a county do not agree on a plan for the collection of civil assessments imposed pursuant to this section, or any other collections under Section 1463.010, after the implementation of Sections 68085.6 and 68085.7 of the Government Code, the court or the county may request arbitration by a third party mutually agreed upon by the Administrative Director of the Courts and the California State Association of Counties.
SECTION 1.The Legislature finds and declares all of the following:
(a)Driving in California is often described as a privilege, but for millions of Californians it is an economic necessity. Each day millions of Californians take to the road to go to work, drop off their children at school and activities, go shopping, and visit family. Without the ability to drive, millions of families cannot afford to pay the cost of housing, pay utilities, put food on the table, afford clothing for their children, or be able to save for retirement. In short, driving is a fundamental need of virtually every person in the state.
(b)Unfortunately, millions of Californians have lost the ability to drive legally. Their drivers licenses have been suspended, not because they are a danger to public safety, but because they could not pay fines associated with minor traffic tickets and other related fees and assessments. In the past five years, the Department of Motor Vehicles has suspended more than 2.7 million drivers licenses for drivers failure to appear in court or failure to make payments ordered by a court. The Legislative Analysts Office reports that there is currently more than $10 billion in court-ordered, uncollected debt in California and $8 billion of this amount is for unpaid traffic violations.
(c)For many families, a drivers license suspension is the beginning of a descent into abject poverty for which there is no escape. Legal services advocates report that once a person gets his or her drivers license suspended in California, it is virtually impossible for the drivers license to be restored until all the unpaid fees, fines, and assessments are completely paid. Many people with a suspended drivers license are low income and can only pay the debt off a little at a time. Others are unemployed or on public assistance and cannot afford to make any payments. The State of New Jersey did a study of persons with suspended drivers licenses and found that 42 percent lost their jobs after their drivers licenses were suspended and less than one-half of them were able to find new jobs; 88 percent experienced a loss of income.
(d)The original rationale for suspending drivers licenses was to compel a person who had committed a serious public safety violation to correct his or her behavior. This rationale over time has been extended to hundreds of nonpublic safety violations. As a report by the American Association of Motor Vehicle Administrators (AAMVA), Best Practices Guide to Reducing Suspended Drivers notes, all 50 states now suspend drivers licenses for nonhighway safety reasons. The AAMVA report recommends that states repeal laws that lead to drivers license suspensions for nonpublic safety reasons and replace those suspensions with payment plans and wage garnishments to collect court-ordered debt.
SEC. 2.Section 42008.8 is added to the Vehicle Code, to read:42008.8.(a)A county that establishes a one-time amnesty program for fines and bail shall conduct the program in accordance with guidelines provided by the Judicial Council. The guidelines shall be adopted by March 1, 2016. Until the guidelines are adopted by the Judicial Council, each program shall initially be conducted in accordance with the Judicial Councils guidelines adopted pursuant to subdivision (f) of Section 42008.7.
(b)Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c)Commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept, in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, the following amounts:
(1)(A)Twenty percent of the fine or bail if the person has income that does not exceed 125 percent of the federal poverty level, or the person is a recipient of any of the state or federal need-based assistance programs described in subdivision (a) of Section 68632 of the Government Code.
(B)Each participant under this paragraph shall declare, under penalty of perjury, that either his or her income does not exceed 125 percent of the federal poverty level or that he or she is a recipient of public assistance under one or more of the programs described in subdivision (a) of Section 68632 of the Government Code.
(2)Fifty percent of the fine or bail if the person is not described in paragraph (1).
(d)Nothing in this section shall limit the courts ability to issue an earning withholdings order as described in Chapter 5 (commencing with Section 706.101) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure or to order the person to perform community services in lieu of paying the amounts specified in subdivision (c).
(e)The department shall restore the driving privilege of a participant in the amnesty program whose drivers license was suspended pursuant to Section 13365.
(f)The Judicial Council shall reimburse all costs, including personnel costs, incurred by the department associated with both of the following:
(1)Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section.
(2)Posting on the departments Internet Web site information regarding the amnesty program.
(g)No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(h)Each court or county implementing an amnesty program shall file, not later than one year after establishing the program, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. The Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county. The report shall be submitted in compliance with Section 9795 of the Government Code.
(i)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Driving in California is often described as a privilege, but for millions of Californians it is an economic necessity. Each day millions of Californians take to the road to go to work, drop off their children at school and activities, go shopping, and visit family. Without the ability to drive, millions of families cannot afford to pay the cost of housing, pay utilities, put food on the table, afford clothing for their children, or be able to save for retirement. In short, driving is a fundamental need of virtually every person in the state.
(b)Unfortunately, millions of Californians have lost the ability to drive legally. Their drivers licenses have been suspended, not because they are a danger to public safety, but because they could not pay fines associated with minor traffic tickets and other related fees and assessments. In the past five years, the Department of Motor Vehicles has suspended more than 2.7 million drivers licenses for drivers failure to appear in court or failure to make payments ordered by a court. The Legislative Analysts Office reports that there is currently more than $10 billion in court-ordered, uncollected debt in California and $8 billion of this amount is for unpaid traffic violations.
(c)For many families, a drivers license suspension is the beginning of a descent into abject poverty for which there is no escape. Legal services advocates report that once a person gets his or her drivers license suspended in California, it is virtually impossible for the drivers license to be restored until all the unpaid fees, fines, and assessments are completely paid. Many people with a suspended drivers license are low income and can only pay the debt off a little at a time. Others are unemployed or on public assistance and cannot afford to make any payments. The State of New Jersey did a study of persons with suspended drivers licenses and found that 42 percent lost their jobs after their drivers licenses were suspended and less than one-half of them were able to find new jobs; 88 percent experienced a loss of income.
(d)The original rationale for suspending drivers licenses was to compel a person who had committed a serious public safety violation to correct his or her behavior. This rationale over time has been extended to hundreds of nonpublic safety violations. As a report by the American Association of Motor Vehicle Administrators (AAMVA), Best Practices Guide to Reducing Suspended Drivers notes, all 50 states now suspend drivers licenses for nonhighway safety reasons. The AAMVA report recommends that states repeal laws that lead to drivers license suspensions for nonpublic safety reasons and replace those suspensions with payment plans and wage garnishments to collect court-ordered debt.
SEC. 2.Section 42008.8 is added to the Vehicle Code, to read:42008.8.(a)A county that establishes a one-time amnesty program for fines and bail shall conduct the program in accordance with guidelines provided by the Judicial Council. The guidelines shall be adopted by March 1, 2016. Until the guidelines are adopted by the Judicial Council, each program shall initially be conducted in accordance with the Judicial Councils guidelines adopted pursuant to subdivision (f) of Section 42008.7.
(b)Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c)Commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept, in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, the following amounts:
(1)Eighty percent of the fine or bail if the person has income that exceeds 200 percent of the federal poverty level.
(2)Fifty percent of the fine or bail if the person has income that is greater than 150 percent of, but no more than 200 percent of, the federal poverty level.
(3)
(1)(A)Twenty percent of the fine or bail if the person has income that is no more than 150 does not exceed 125 percent of the federal poverty level. level, or the person is a recipient of any of the state or federal need-based assistance programs described in subdivision (a) of Section 68632 of the Government Code.
(B)Each participant under this paragraph shall declare, under penalty of perjury, that either his or her income does not exceed 125 percent of the federal poverty level or that he or she is a recipient of public assistance under one or more of the programs described in subdivision (a) of Section 68632 of the Government Code.
(2)Fifty percent of the fine or bail if the person is not described in paragraph (1).
(d)Nothing in this section shall limit the courts ability to issue an earning withholdings order as described in Chapter 5 (commencing with Section 706.101) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure or to order the person to perform community services in lieu of paying the amounts specified in subdivision (c).
(e)The department shall restore the driving privilege of a participant in the amnesty program whose drivers license was suspended pursuant to Section 13365.
(f)The department shall provide a notice to each person whose drivers license has been suspended pursuant to Section 13365 regarding his or her potential eligibility for the amnesty program. The notice shall be provided in the languages specified in subdivision (b) of Section 1632 of the Civil Code.
(f)The Judicial Council shall reimburse all costs, including personnel costs, incurred by the department associated with both of the following:
(1)Providing on a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program established pursuant to this section.
(2)Posting on the departments Internet Web site information regarding the amnesty program.
(g)No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(h)Each court or county implementing an amnesty program shall file, not later than one year after establishing the program, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. The Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county. The report shall be submitted in compliance with Section 9795 of the Government Code.
(i)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)The Legislature finds and declares all of the following:
(1)
(a)Driving in California is often described as a privilege, but for millions of Californians it is an economic necessity. Each day millions of Californians take to the road to go to work, drop off their children at school and activities, go shopping, and visit family. Without the ability to drive, millions of families cannot afford to pay the cost of housing, pay utilities, put food on the table, afford clothing for their children, or be able to save for retirement. In short, driving is a fundamental need of virtually every person in the state.
(2)
(b)Unfortunately, millions of Californians have lost the ability to drive legally. Their drivers licenses have been suspended, not because they are a danger to public safety, but because they could not pay fines associated with minor traffic tickets and other related fees and assessments. In the past five years, the Department of Motor Vehicles has suspended more than 2.7 million drivers licenses for drivers failure to appear in court or failure to make payments ordered by a court. The Legislative Analysts Office reports that there is currently more than $10 billion in court-ordered, uncollected debt in California and $8 billion of this amount is for unpaid traffic violations.
(3)
(c)For many families, a drivers license suspension is the beginning of a descent into abject poverty for which there is no escape. Legal services advocates report that once a person gets his or her drivers license suspended in California, it is virtually impossible for the drivers license to be restored until all the unpaid fees, fines, and assessments are completely paid. Many people with a suspended drivers license are low income and can only pay the debt off a little at a time. Others are unemployed or on public assistance and cannot afford to make any payments. The State of New Jersey did a study of persons with suspended drivers licenses and found that 42 percent lost their jobs after their drivers licenses were suspended and less than half one-half of them were able to find new jobs; 88 percent experienced a loss of income.
(4)
(d)The original rationale for suspending drivers licenses was to compel persons a person who had committed a serious public safety violation to correct his or her behavior. This rationale over time has been extended to hundreds of nonpublic safety violations. As a report by the American Association of Motor Vehicle Administrators (AAMVA), Best Practices Guide to Reducing Suspended Drivers notes, all 50 states now suspend drivers licenses for nonhighway safety reasons. The AAMVA report recommends that states repeal laws that lead to drivers license suspensions for nonpublic safety reasons and replace those suspensions with payment plans and wage garnishments to collect court-ordered debt.
(b)It is the intent of the Legislature to enact legislation to significantly reduce the number of persons who have their drivers licenses suspended and to establish a process for persons with current suspensions to get their driving privileges restored without first having to pay all court-ordered debt.
SEC. 2.Section 42008.8 is added to the Vehicle Code, to read:42008.8.(a)A county that establishes a one-time amnesty program for fines and bail shall conduct the program in accordance with guidelines provided by the Judicial Council. The guidelines shall be adopted by March 1, 2016. Until the guidelines are adopted by the Judicial Council, each program shall initially be conducted in accordance with the Judicial Councils guidelines adopted pursuant to subdivision (f) of Section 42008.7.
(b)Unless agreed otherwise by the court and the county in writing, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for implementation of the amnesty program as to that debt, maintaining the same division of responsibility in place with respect to the collection of court-ordered debt under subdivision (b) of Section 1463.010 of the Penal Code.
(c)Commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept, in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, the following amounts:
(1)Eighty percent of the fine or bail if the person has income that exceeds 200 percent of the federal poverty level.
(2)Fifty percent of the fine or bail if the person has income that is greater than 150 percent of, but no more than 200 percent of, the federal poverty level.
(3)Twenty percent of the fine or bail if the person has income that is no more than 150 percent of the federal poverty level.
(d)Nothing in this section shall limit the courts ability to issue an earning withholdings order as described in Chapter 5 (commencing with Section 706.101) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure or to order the person to perform community services in lieu of paying the amounts specified in subdivision (c).
(e)The department shall restore the driving privilege of a participant in the amnesty program whose drivers license was suspended pursuant to Section 13365.
(f)The department shall provide a notice to each person whose drivers license has been suspended pursuant to Section 13365 regarding his or her potential eligibility for the amnesty program. The notice shall be provided in the languages specified in subdivision (b) of Section 1632 of the Civil Code.
(g)No criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
(h)Each court or county implementing an amnesty program shall file, not later than one year after establishing the program, a written report with the Judicial Council, on a form approved by the Judicial Council. The report shall include information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program. The Judicial Council shall submit a report to the Legislature summarizing the information provided by each court or county. The report shall be submitted in compliance with Section 9795 of the Government Code.
(i)This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The Legislature finds and declares all of the following:
(1)Driving in California is often described as a privilege, but for millions of Californians it is an economic necessity. Each day millions of Californians take to the road to go to work, drop off their children at school and activities, go shopping, and visit family. Without the ability to drive, millions of families cannot afford to pay the cost of housing, pay utilities, put food on the table, afford clothing for their children, or be able to save for retirement. In short, driving is a fundamental need of virtually every person in the state.
(2)Unfortunately, millions of Californians have lost the ability to drive legally. Their drivers licenses have been suspended, not because they are a danger to public safety, but because they could not pay fines associated with minor traffic tickets and other related fees and assessments. In the past five years, the Department of Motor Vehicles has suspended more than 2.7 million drivers licenses for drivers failure to appear in court or failure to make payments ordered by a court. The Legislative Analysts Office reports that there is currently more than $10 billion in court-ordered, uncollected debt in California and $8 billion of this amount is for unpaid traffic violations.
(3)For many families, a drivers license suspension is the beginning of a descent into abject poverty for which there is no escape. Legal services advocates report that once a person gets his or her drivers license suspended in California, it is virtually impossible for the drivers license to be restored until all the unpaid fees, fines and assessments are completely paid. Many people with a suspended drivers license are low income and can only pay the debt off a little at a time. Others are unemployed or on public assistance and cannot afford to make any payments. The state of New Jersey did a study of persons with suspended drivers licenses and found that 42 percent lost their jobs after their drivers licenses were suspended and less than half of them were able to find new jobs; 88 percent experienced a loss of income.
(4)The original rationale for suspending drivers licenses was to compel persons who had committed a serious public safety violation to correct his or her behavior. This rationale over time has been extended to hundreds of nonpublic safety violations. As a report by the American Association of Motor Vehicle Administrators (AAMVA), Best Practices Guide to Reducing Suspended Drivers notes, all 50 states now suspend drivers licenses for nonhighway safety reasons. The AAMVA report recommends that states repeal laws that lead to drivers license suspensions for nonpublic safety reasons and replace those suspensions with payment plans and wage garnishments to collect court-ordered debt.
(b)It is the intent of the Legislature to enact legislation to significantly reduce the number of persons who have their drivers licenses suspended and to establish a process for persons with current suspensions to get their driving privileges restored without first having to pay all court-ordered debt.
|
Date
|
Status
|
|---|---|
| Sep 9, 2015 | Read third time. Urgency clause adopted. Passed. Ordered to the Senate. |
| Jul 14, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 16. Noes 0.) (July 13). Re-referred to Com. on APPR. |
| Aug 17, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Aug 17, 2015 | Ordered to second reading. |
| Aug 17, 2015 | Withdrawn from committee. |
| Aug 18, 2015 | Read second time. Ordered to third reading. |
| Aug 27, 2015 | Ordered to third reading. |
| Aug 27, 2015 | Read third time and amended. |
| Sep 4, 2015 | Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. |
| Sep 9, 2015 | In Senate. Concurrence in Assembly amendments pending. |
| Jul 7, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on TRANS. |
| Sep 9, 2015 | Read third time. Urgency clause adopted. Passed. (Ayes 78. Noes 0. Page 3031.) Ordered to the Senate. |
| Sep 10, 2015 | From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0.) Re-referred to Com. on PUB. S. |
| Sep 10, 2015 | From committee: That the Assembly amendments be concurred in. (Ayes 7. Noes 0.) |
| Sep 10, 2015 | Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d). |
| Sep 11, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2750.) Ordered to engrossing and enrolling. |
| Sep 11, 2015 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 11, 2015 | Urgency clause adopted. |
| Sep 16, 2015 | Enrolled and presented to the Governor at 4:45 p.m. |
| Sep 30, 2015 | Approved by the Governor. |
| Sep 30, 2015 | Chaptered by Secretary of State. Chapter 385, Statutes of 2015. |
| May 18, 2015 | May 18 hearing: Placed on APPR. suspense file. |
| Feb 26, 2015 | From printer. May be acted upon on or after March 28. |
| Mar 5, 2015 | Referred to Com. on RLS. |
| Apr 6, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Apr 16, 2015 | Re-referred to Com. on PUB. S. |
| Apr 17, 2015 | Set for hearing April 28. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 822.) (April 28). Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 28). Re-referred to Com. on APPR. |
| May 1, 2015 | Set for hearing May 11. |
| May 6, 2015 | May 11 hearing postponed by committee. |
| May 8, 2015 | Set for hearing May 18. |
| Feb 25, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 23, 2015 | Set for hearing May 28. |
| May 28, 2015 | From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1153.) (May 28). |
| May 28, 2015 | From committee: Do pass as amended. (Ayes 5. Noes 1.) (May 28). |
| Jun 1, 2015 | Read second time and amended. Ordered to third reading. |
| Jun 2, 2015 | In Assembly. Read first time. Held at Desk. |
| Jun 2, 2015 | Read third time. Passed. (Ayes 39. Noes 1. Page 1254.) Ordered to the Assembly. |
| Jun 2, 2015 | Read third time. Passed. (Ayes 39. Noes 1.) Ordered to the Assembly. |
| Jun 18, 2015 | Referred to Coms. on PUB. S. and TRANS. |
| Jun 24, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Jul 1, 2015 | From committee: Do pass and re-refer to Com. on TRANS. (Ayes 6. Noes 0.) (June 30). Re-referred to Com. on TRANS. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2015 | Unfinished Business SB405 Hertzberg Urgency Clause Concurrence | Senate Floor |
Passed |
|
| Sep 10, 2015 | That the Assembly amendments be concurred in | Senate Standing Committee on Public Safety |
Passed |
|
| Sep 9, 2015 | SB 405 Hertzberg Third Reading Urgency By ATKINS | Assembly Floor |
Passed |
|
| Jul 13, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Transportation |
Passed |
|
| Jun 30, 2015 | Do pass and be re-referred to the Committee on [Transportation] | Assembly Standing Committee on Public Safety |
Passed |
|
| Jun 2, 2015 | Senate 3rd Reading SB405 Hertzberg | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 18, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| A New Way of Life Re-Entry Project | ** Support | Sep 9, 2015 |
| ACLU | ** Support | Aug 27, 2015 |
| AFSCME, Local 685 | ** Support | Aug 27, 2015 |
| Alameda County of Board of Supervisors | ** Support | Sep 9, 2015 |
| American Civil Liberties Union of California | ** Support | Aug 27, 2015 |
| American Friends Service Committee | ** Support | Aug 27, 2015 |
| Association of Deputy District Attorneys | ** Support | Aug 27, 2015 |
| California Association Of Code Enforcement Officers | ** Support | Jun 2, 2015 |
| California Association Of Highway Patrolmen | ** Support | Jun 2, 2015 |
| California Association Of Local Conservation Corps | ** Support | Aug 27, 2015 |
| California Attorneys For Criminal Justice | ** Support | Aug 27, 2015 |
| California Department of Insurance | ** Support | Aug 27, 2015 |
| California Department of Insurance California Immigrant Policy Center | ** Support | Aug 27, 2015 |
| California Immigrant Policy Center | ** Support | Aug 27, 2015 |
| California Narcotic Officers' Association | ** Support | Jun 2, 2015 |
| California Partnership | ** Support | Aug 27, 2015 |
| California Public Defenders Association | ** Support | Aug 27, 2015 |
| Compton Unified School District | ** Support | Sep 9, 2015 |
| Consumer Alliance | ** Support | Jun 2, 2015 |
| Consumer Attorneys Of California | ** Support | Aug 27, 2015 |
| Courage Campaign | ** Support | Aug 27, 2015 |
| Crime Victims Action Alliance | ** Support | Sep 9, 2015 |
| East Bay Community Law Center | ** Support | Aug 27, 2015 |
| Ella Baker Center For Human Rights | ** Support | Jun 2, 2015 |
| Friends Committee On Legislation Of California | ** Support | Aug 27, 2015 |
| Insurance Commissioner Dave Jones | ** Support | Sep 9, 2015 |
| Lawyers' Committee for Civil Rights of San Francisco | ** Support | Jun 2, 2015 |
| Legal Services for Prisoners with Children | ** Support | Sep 9, 2015 |
| Los Angeles Community Action Network | ** Support | Jun 2, 2015 |
| Los Angeles Conservation Corps | ** Support | Sep 9, 2015 |
| Los Angeles Deputy Sheriffs | ** Support | Aug 27, 2015 |
| Los Angeles Police Protective League | ** Support | Aug 27, 2015 |
| National Association of Social Workers | ** Support | Aug 27, 2015 |
| National Association Of Social Workers, California Chapter | ** Support | Aug 27, 2015 |
| Personal Insurance Federation Of California | ** Support | Aug 27, 2015 |
| PICO California | ** Support | Aug 27, 2015 |
| Rubicon Programs | ** Support | Aug 27, 2015 |
| St. Mary's Center | ** Support | Jun 2, 2015 |
| Western Center On Law And Poverty Inc. | ** Support | Aug 27, 2015 |
| Western Regional Advocacy Project | ** Support | Jun 2, 2015 |
SB 405
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
UNFINISHED BUSINESS
Bill No: SB 405
Amended: 9/4/15
PRIOR SENATE VOTES NOT RELEVANT
ASSEMBLY FLOOR: 78-0, 9/9/15 - See last page for vote
SUBJECT: Failure to appear in court: fines
DIGEST: This bill requires courts to allow individuals to schedule court proceedings, even if bail or civil assessment has been imposed, and clarifies the traffic amnesty program.
Assembly Amendments delete the one time amnesty program in this bill and instead provide a mechanism to allow a person to challenge a traffic infraction without posting bail or paying fees, and makes other changes as specified below.
Existing law:
Provides that in addition to any other penalty in an infraction, misdemeanor, or felony the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court.
Provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant, and the court shall vacate the order for the assessment if the person appears in time and shows good failure to appear or failure to pay the fine.
Specifies that if a civil assessment is imposed under this section, no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail.
States that an outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
Provides that the civil assessment imposed shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
Allows the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed, and prior to the scheduled court date, if all of the following circumstances exist:
The defendant is charged with an infraction violation of the Penal Code or an infraction violation of an ordinance adopted pursuant to the Vehicle Code.
The defendant submits proof of correction, when proof of correction is mandatory for a correctable offense.
The offense does not require an appearance in court.
The defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment and forfeiture of bail in installments for infraction violations.
Specifies that when a clerk accepts an agreement for payment and forfeiture of bail in installments, the clerk shall continue the appearance date of the defendant to the date to complete payment and forfeiture of bail in the agreement.
Provides that for the purposes of reporting violations of the Vehicle Code to the Department of Motor Vehicles under Vehicle Code Section 1803, the date that the defendant signs an agreement to pay and forfeit bail in installments shall be reported as the date of conviction.
States that when the defendant fails to make an installment payment, the court may charge a failure to appear or pay and impose a civil assessment as specified, or issue an arrest warrant for a failure to appear.
States that payment of a bail amount under this section is forfeited when collected and shall be distributed by the court in the same manner as other fines, penalties, and forfeitures collected for infractions.
Specifies that the defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed $35.
Requires courts to allow a defendant to appear for arraignment and trial without deposit of bail on traffic infraction violations of the Vehicle Code. except:
Courts must require the deposit of bail when the defendant elects a statutory procedure that requires the deposit of bail;
Courts may require the deposit of bail when the defendant does not sign a written promise to appear as required by the court; and
Courts may require a deposit of bail before trial if the court finds, based on the circumstances of a particular case, that the defendant is unlikely to appear as ordered without a deposit of bail and the court expressly states the reasons for the finding.
States that courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials courts provide for the public that relate to bail for traffic infractions, including any website information, written instructions, courtesy notices, and forms. Courts must implement this subdivision as soon as reasonably possible but no later than September 15, 2015.
This bill:
Provides that the ability to post bail or to pay the civil assessment is not required to file a request that the court vacate the assessment.
States that imposition or collection of a civil assessment or bail shall not prevent a defendant from scheduling a court hearing on the underlying charge.
Specifies that an assessment imposed because a person failed to appear in court, or pay a fine as ordered by the court, not go into effect until at least 20 calendar days after the court mails warning notice to the person.
Disqualifies a person from the traffic amnesty program if he or she makes any payment for the violation to a collection program, as specified, in the county where the person is seeking amnesty, after September 30, 2015.
Allows the Judicial Council, in consultation with DMV, to adopt procedures to allow the reinstatement of the driving privilege of any person who would be eligible for traffic amnesty, but has violations in more than one county.
Comments
According to the author, “Due to increases in fines and fees, a staggering number of Californians have no access to courts when they are cited for traffic citations. Exorbitant fees can make it challenging for low-income people to resolve minor traffic infractions since many counties require fines to be paid prior to a hearing on the infraction. As a result of unclear policy and high fees, drivers often do not have the opportunity to see a judge and essentially lose the right to due process.
“The proposed solution is to reverse that general practice. It will have an effect on the 4.2 million California drivers who have had their licenses suspended in the last eight years for not paying what started out as minor traffic violations or for missing a deadline to appear in court.”
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
Insurance Commissioner Dave Jones
A New Way of Life Re-Entry Project
Alameda County of Board of Supervisors
American Civil Liberties Union
Compton Unified School District
Crime Victims Action Alliance
Los Angeles Conservation Corps
Legal Services for Prisoners with Children
The Association for Los Angeles Deputy Sheriffs
The Association of Deputy District Attorneys
The California Association of Code Enforcement Officers
The California Association of Local Conservation Corps
The California College and University Police Chief’s Association
The California Narcotic Officers Association
The Los Angeles County Probation Officers Union, AFSCME, Local 685
None received
ASSEMBLY FLOOR: 78-0, 9/9/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Jones-Sawyer, Ridley-Thomas
Prepared by: Mary Kennedy / PUB. S. /
9/9/15 19:30:13
**** END ****
SB 405
Page 3
SENATE THIRD READING
SB 405
(Hertzberg)
As Amended September 4, 2015
2/3 vote. Urgency
SENATE VOTE: 39-1
Committee |
Votes |
Ayes |
Noes |
Public Safety |
6-0 |
Quirk, Melendez, Lackey, Lopez, Low, Santiago |
|
Transportation |
16-0 |
Frazier, Achadjian, Baker, Bloom, Campos, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Melendez, Nazarian, O'Donnell |
|
SUMMARY: Requires courts to allow individuals to schedule court proceedings, even if bail or civil assessment has been imposed. Clarifies the traffic amnesty program. Specifically, this bill:
Provides that the ability to post bail or to pay the civil assessment is not required to file a request that the court vacate the assessment.
States that imposition or collection of a civil assessment or bail shall not prevent a defendant from scheduling a court hearing on the underlying charge.
Specifies that an assessment imposed because a person failed to appear in court, or pay a fine as ordered by the court, not go into effect until at least 20 calendar days after the court mails warning notice to the person.
Disqualifies a person from the traffic amnesty program if he or she makes any payment for the violation to a collection program, as specified, in the county where the person is seeking amnesty, after September 30, 2015.
Allows the Judicial Council, in consultation with DMV, to adopt procedures to allow the reinstatement of the driving privilege of any person who would be eligible for traffic amnesty, but has violations in more than one county.
EXISTING LAW:
Provides that in addition to any other penalty in an infraction, misdemeanor, or felony the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court.
Provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant, and the court shall vacate the order for the assessment if the person appears in time and shows good failure to appear or failure to pay the fine.
Specifies that if a civil assessment is imposed under this section, no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail.
States that an outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
Provides that the civil assessment imposed shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
Allows the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed, and prior to the scheduled court date, if all of the following circumstances exist:
The defendant is charged with an infraction violation of this code or an infraction violation of an ordinance adopted pursuant to the Vehicle Code.
The defendant submits proof of correction, when proof of correction is mandatory for a correctable offense.
The offense does not require an appearance in court.
The defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment and forfeiture of bail in installments for infraction violations.
Specifies that when a clerk accepts an agreement for payment and forfeiture of bail in installments, the clerk shall continue the appearance date of the defendant to the date to complete payment and forfeiture of bail in the agreement.
Provides that for the purposes of reporting violations of the Vehicle Code to the Department of Motor Vehicles under Vehicle Code Section 1803, the date that the defendant signs an agreement to pay and forfeit bail in installments shall be reported as the date of conviction.
States that when the defendant fails to make an installment payment, the court may charge a failure to appear or pay and impose a civil assessment as specified, or issue an arrest warrant for a failure to appear.
States that payment of a bail amount under this section is forfeited when collected and shall be distributed by the court in the same manner as other fines, penalties, and forfeitures collected for infractions.
Specifies that the defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed $35.
Requires courts to allow a defendant to appear for arraignment and trial without deposit of bail on traffic infraction violations of the Vehicle Code. except:
Courts must require the deposit of bail when the defendant elects a statutory procedure that requires the deposit of bail;
Courts may require the deposit of bail when the defendant does not sign a written promise to appear as required by the court; and
Courts may require a deposit of bail before trial if the court finds, based on the circumstances of a particular case, that the defendant is unlikely to appear as ordered without a deposit of bail and the court expressly states the reasons for the finding.
States that courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials courts provide for the public that relate to bail for traffic infractions, including any website information, written instructions, courtesy notices, and forms. Courts must implement this subdivision as soon as reasonably possible but no later than September 15, 2015.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "Due to increases in fines and fees, a staggering number of Californians have no access to courts when they are cited for traffic citations. Exorbitant fees can make it challenging for low-income people to resolve minor traffic infractions since many counties require fines to be paid prior to a hearing on the infraction. As a result of unclear policy and high fees, drivers often do not have the opportunity to see a judge and essentially lose the right to due process.
“The proposed solution is to reverse that general practice. It will have an effect on the 4.2 million California drivers who have had their licenses suspended in the last eight years for not paying what started out as minor traffic violations or for missing a deadline to appear in court."
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0002129
SB 405
Page 3
SENATE THIRD READING
SB 405
(Hertzberg)
As Amended August 27, 2015
Majority vote
SENATE VOTE: 39-1
Committee |
Votes |
Ayes |
Noes |
Public Safety |
6-0 |
Quirk, Melendez, Lackey, Lopez, Low, Santiago |
|
Transportation |
16-0 |
Frazier, Achadjian, Baker, Bloom, Campos, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Melendez, Nazarian, O'Donnell |
|
SUMMARY: Requires courts to allow individuals to schedule court proceedings, even if bail or civil assessment has been imposed. Specifically, this bill:
Provides that the ability to post bail or to pay the civil assessment is not a prerequisite to filing a request that the court vacate the assessment.
States that imposition or collection of a civil assessment or bail shall not prevent a defendant from scheduling a court hearing on the underlying charge.
Specifies that an assessment imposed because a person failed to appear in court, or pay a fine as ordered by the court, not go into effect until at least 20 calendar days after the court mails warning notice to the person.
Makes a person ineligible for the traffic amnesty program if they have made any payments to a court comprehensive collection program, after September 30, 2015.
EXISTING LAW:
Provides that in addition to any other penalty in an infraction, misdemeanor, or felony the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court.
Provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant, and the court shall vacate the order for the assessment if the person appears in time and shows good failure to appear or failure to pay the fine.
Specifies that if a civil assessment is imposed under this section, no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail.
States that an outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
Provides that the civil assessment imposed shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
Allows the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Co code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed, and prior to the scheduled court date, if all of the following circumstances exist:
The defendant is charged with an infraction violation of this code or an infraction violation of an ordinance adopted pursuant to the Vehicle Code.
The defendant submits proof of correction, when proof of correction is mandatory for a correctable offense.
The offense does not require an appearance in court.
The defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment and forfeiture of bail in installments for infraction violations.
Specifies that when a clerk accepts an agreement for payment and forfeiture of bail in installments, the clerk shall continue the appearance date of the defendant to the date to complete payment and forfeiture of bail in the agreement.
Provides that for the purposes of reporting violations of the Vehicle Code to the Department of Motor Vehicles under Section 1803, the date that the defendant signs an agreement to pay and forfeit bail in installments shall be reported as the date of conviction.
States that when the defendant fails to make an installment payment, the court may charge a failure to appear or pay and impose a civil assessment as specified, or issue an arrest warrant for a failure to appear.
States that payment of a bail amount under this section is forfeited when collected and shall be distributed by the court in the same manner as other fines, penalties, and forfeitures collected for infractions.
Specifies that the defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed $35.
Requires courts to allow a defendant to appear for arraignment and trial without deposit of bail on traffic infraction violations of the Vehicle Code. Except:
Courts must require the deposit of bail when the defendant elects a statutory procedure that requires the deposit of bail;
Courts may require the deposit of bail when the defendant does not sign a written promise to appear as required by the court; and
Courts may require a deposit of bail before trial if the court finds, based on the circumstances of a particular case, that the defendant is unlikely to appear as ordered without a deposit of bail and the court expressly states the reasons for the finding.
States that courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials courts provide for the public that relate to bail for traffic infractions, including any website information, written instructions, courtesy notices, and forms. Courts must implement this subdivision as soon as reasonably possible but no later than September 15, 2015.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "Due to increases in fines and fees, a staggering number of Californians have no access to courts when they are cited for traffic citations. Exorbitant fees can make it challenging for low-income people to resolve minor traffic infractions since many counties require fines to be paid prior to a hearing on the infraction. As a result of unclear policy and high fees, drivers often do not have the opportunity to see a judge and essentially lose the right to due process.
"The proposed solution is to reverse that general practice. It will have an effect on the 4.2 million California drivers who have had their licenses suspended in the last eight years for not paying what started out as minor traffic violations or for missing a deadline to appear in court."
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0001514
SB 405
Page 3
SENATE THIRD READING
SB 405
(Hertzberg)
As Amended August 17, 2015
Majority vote
SENATE VOTE: 39-1
Committee |
Votes |
Ayes |
Noes |
Public Safety |
6-0 |
Quirk, Melendez, Lackey, Lopez, Low, Santiago |
|
Transportation |
16-0 |
Frazier, Achadjian, Baker, Bloom, Campos, Chu, Daly, Dodd, Eduardo Garcia, Gomez, Kim, Linder, Medina, Melendez, Nazarian, O'Donnell |
|
SUMMARY: Requires courts to allow individuals to schedule court proceedings, even if bail or civil assessment has been imposed. Specifically, this bill:
Provides that the ability to post bail or to pay the civil assessment is not a prerequisite to filing a request that the court vacate the assessment.
States that imposition or collection of a civil assessment or bail shall not prevent a defendant from scheduling a court hearing on the underlying charge.
Specifies that an assessment imposed because a person failed to appear in court, or pay a fine as ordered by the court, not go into effect until at least 20 calendar days after the court mails warning notice to the person.
Makes a person ineligible for the traffic amnesty program if they have made any payments to a court comprehensive collection program, after a date that remains to be specified.
EXISTING LAW:
Provides that in addition to any other penalty in an infraction, misdemeanor, or felony the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court.
Provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant, and the court shall vacate the order for the assessment if the person appears in time and shows good failure to appear or failure to pay the fine.
Specifies that if a civil assessment is imposed under this section, no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail.
States that an outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment.
Provides that the civil assessment imposed shall be subject to the due process requirements governing defense and collection of civil money judgments generally.
Allows the clerk of the court to accept a payment and forfeiture of at least 10% of the total bail amount for each infraction violation of the Vehicle Code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed, and prior to the scheduled court date, if all of the following circumstances exist:
The defendant is charged with an infraction violation of this code or an infraction violation of an ordinance adopted pursuant to the Vehicle Code.
The defendant submits proof of correction, when proof of correction is mandatory for a correctable offense.
The offense does not require an appearance in court.
The defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment and forfeiture of bail in installments for infraction violations.
Specifies that when a clerk accepts an agreement for payment and forfeiture of bail in installments, the clerk shall continue the appearance date of the defendant to the date to complete payment and forfeiture of bail in the agreement.
Provides that for the purposes of reporting violations of the Vehicle Code to the Department of Motor Vehicles under Section 1803, the date that the defendant signs an agreement to pay and forfeit bail in installments shall be reported as the date of conviction.
States that when the defendant fails to make an installment payment, the court may charge a failure to appear or pay and impose a civil assessment as specified, or issue an arrest warrant for a failure to appear.
States that payment of a bail amount under this section is forfeited when collected and shall be distributed by the court in the same manner as other fines, penalties, and forfeitures collected for infractions.
Specifies that the defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed $35.
Requires courts to allow a defendant to appear for arraignment and trial without deposit of bail on traffic infraction violations of the Vehicle Code except:
Courts must require the deposit of bail when the defendant elects a statutory procedure that requires the deposit of bail;
Courts may require the deposit of bail when the defendant does not sign a written promise to appear as required by the court; and
Courts may require a deposit of bail before trial if the court finds, based on the circumstances of a particular case, that the defendant is unlikely to appear as ordered without a deposit of bail and the court expressly states the reasons for the finding.
States that courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials courts provide for the public that relate to bail for traffic infractions, including any website information, written instructions, courtesy notices, and forms. Courts must implement this subdivision as soon as reasonably possible but no later than September 15, 2015.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: According to the author, "Due to increases in fines and fees, a staggering number of Californians have no access to courts when they are cited for traffic citations. Exorbitant fees can make it challenging for low-income people to resolve minor traffic infractions since many counties require fines to be paid prior to a hearing on the infraction. As a result of unclear policy and high fees, drivers often do not have the opportunity to see a judge and essentially lose the right to due process.
"The proposed solution is to reverse that general practice. It will have an effect on the 4.2 million California drivers who have had their licenses suspended in the last eight years for not paying what started out as minor traffic violations or for missing a deadline to appear in court."
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0001396
SB 405
Page 3
Date of Hearing: July 13, 2015
ASSEMBLY COMMITTEE ON TRANSPORTATION
Jim Frazier, Chair
SB 405
(Hertzberg) – As Amended July 7, 2015
SENATE VOTE: 39-1
SUBJECT: Failure to appear in court: fines.
SUMMARY: Requires courts to allow a person to schedule court proceedings, even if bail or a court-imposed civil assessment has been charged and not paid. Specifically, this bill:
Provides that the ability to post bail or to pay a court-imposed civil assessment is not a prerequisite to a person filing a request for the court to remove a civil assessment for failing to appear in court for a traffic violation, as specified.
States that imposition or collection of bail or a court-imposed civil assessment shall not prevent a person from scheduling a court hearing on the underlying charge.
Allows a person with a suspended driver's license as a result of failing to appear in court or paying the total bail in advance of requesting a hearing for a traffic violation, to appear in court and to request that their suspension be lifted if certain conditions are met.
Provides that the abovementioned provisions apply only to a person who has had their driver's license suspended from January 1, 2013, to December 31, 2015.
Makes technical conforming changes.
EXISTING LAW:
Provides that, in addition to any other penalty related to an infraction, misdemeanor, or felony, the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court.
Provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant, and requires the court to vacate the order for the assessment if the person appears in time and shows good cause for the failure to appear or failure to pay the fine or installment of bail.
At the regulatory level, requires courts to allow a defendant to appear for arraignment and trial without deposit of bail on traffic infractions, except under certain circumstances.
At the regulatory level, provides that courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials that the courts provide for the public that relate to bail for traffic infractions. Courts must implement this subdivision as soon as reasonably possible but no later than September 15, 2015.
FISCAL EFFECT: Unknown
COMMENTS: A recent report published by a number of community groups, including the Western Center on Law and Poverty, found that courts throughout California were requiring persons with citations, including traffic violations, to pay the "total bail" or maximum fine amount prior to being provided a right to a hearing. In addition to a base fine, penalties, and fines tied to a traffic citation, existing law also permits a court to impose a $300 civil assessment on a person who fails to appear on their scheduled court date. Under the existing statutory framework, the report found that a $100 traffic citation would ultimately cost a person approximately $800 if they failed to promptly pay their fines and appear in court. Furthermore, courts possess the authority to, and regularly do, suspend a person's driver's license for not paying fines all at once or not making their assigned court date, regardless of a person's circumstances. The report concluded that the current statutory framework creates unjust results with people who can afford to pay having access to a hearing while on the other hand, those who cannot, suffer substantial consequences – including a suspended driver's license.
Recognizing this system has created hardships for many people, emergency regulations were recently adopted that require courts to allow a defendant to appear for arraignment and trial without first paying the total fines on a traffic infraction. This rule states that courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials that the courts provide for the public that relate to bail for traffic infractions, including any website information, written instructions, courtesy notices, and forms. Courts are to implement this rule as soon as reasonably possible, but no later than September 15, 2015. However, the adopted regulations do not address access to courts in those situations where an individual missed the appearance on their traffic ticket, or failed to pay the traffic fine by the required court date, had their driver's license suspended as a result, and now is prevented from scheduling a court appearance until the total bail or civil assessment is paid. The San Francisco Gate reported that in 2013, while courts ordered 150,366 driver's license suspensions for more serious violations such as drunk driving, the courts ordered 510,811 driver's license suspensions for not paying traffic fines.
SB 405 intends to expand on the court's recently adopted regulations by allowing persons who had their driver's license suspended as a result of not paying total fines or failing to appear in court for a minor traffic violation to appear in court and request their driver's license suspension be lifted if they meet certain requirements. Under the current system, the Western Center on Law and Poverty asserts that "low income people who cannot afford to pay full bail, are effectively locked out of court. So, they cannot show good cause for their non-appearance, which means they cannot avail themselves of the benefits of the judge's other discretionary powers." Ultimately, a driver's license suspension under these circumstances may cause significant hardships including loss of employment, inability to transport children, or even having a family choose between food or paying down traffic fines.
The author claims, "due to increases in fines and fees, a staggering number of Californians have no access to courts when they are cited for traffic citations. Exorbitant fees can make it challenging for low-income people to resolve minor traffic infractions since many counties require fines to be paid prior to hearing the infraction. As a result of unclear policy and high fees, drivers do not have the opportunity to see a judge and essentially lose their right to due process." The author further notes that, under SB 405, providing access to courts will provide an estimated 4.2 million people with the opportunity to have their driver's license reinstated.
Double referral: This bill passed out of the Assembly Public Safety Committee on July 1, 2015, with a 6-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
AFSCME, Local 685
A New Way of Life Reentry Project
Alameda County Board of Supervisors
American Civil Liberties Union of California
Association of Deputy District Attorneys
California Association of Local Conservation Corps
California Department of Insurance
California Immigrant Policy Center
California Public Defenders Association
Compton Unified School District
Consumer Attorneys of California
Courage Campaign
Friends Committee on Legislation of California
Legal Services for Prisoners with Children
Los Angeles Deputy Sheriffs
Los Angeles Police Protective League
Los Angeles Probation Officers' Union
National Association of Social Workers, California Chapter
Personal Insurance Federation of California
Western Center on Law and Poverty
Opposition
None on file
Analysis Prepared by: Manny Leon / TRANS. / (916) 319-2093
SB 405
Page 6
Date of Hearing: June 30, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
SB 405
(Hertzberg) – As Amended June 1, 2015
SUMMARY:
Requires courts to allow individuals to schedule court proceedings,
even if bail or civil assessment has been imposed.
Specifically, this bill:
Provides that the ability to post bail or to pay the civil assessment is not a prerequisite to filing a request that the court vacate the assessment.
States that imposition or collection of a civil assessment or bail shall not prevent a defendant from scheduling a court hearing on the underlying charge.
EXISTING LAW:
Provides that in addition to any other penalty in an infraction, misdemeanor, or felony the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court. (Pen. Code, § 1214.1, subd. (a).)
Provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant, and the court shall vacate the order for the assessment if the person appears in time and shows good failure to appear or failure to pay the fine. (Pen. Code, § 1214.1, subd. (b).)
Specifies that if a civil assessment is imposed under this section, no bench warrant or warrant of arrest shall be issued with respect to the failure to appear at the proceeding for which the assessment is imposed or the failure to pay the fine or installment of bail. (Pen. Code, § 1214.1, subd. (c).)
States that an outstanding, unserved bench warrant or warrant of arrest for a failure to appear or for a failure to pay a fine or installment of bail shall be recalled prior to the subsequent imposition of a civil assessment. (Pen. Code, § 1214.1, subd. (c).)
Provides that the civil assessment imposed shall be subject to the due process requirements governing defense and collection of civil money judgments generally. (Pen. Code, § 1214.1, subd. (d).)
Allows the clerk of the court to accept a payment and forfeiture of at least 10 percent of the total bail amount for each infraction violation of the Vehicle Co code prior to the date on which the defendant promised to appear, or prior to the expiration of any lawful continuance of that date, or upon receipt of information that an action has been filed, and prior to the scheduled court date, if all of the following circumstances exist:
The defendant is charged with an infraction violation of this code or an infraction violation of an ordinance adopted pursuant to the Vehicle Code. (Veh. Code, § 40510.5, subd. (a)(1).)
The defendant submits proof of correction, when proof of correction is mandatory for a correctable offense. (Veh. Code, § 40510.5, subd. (a)(2).)
The offense does not require an appearance in court. (Veh. Code, § 40510.5, subd. (a)(3).)
The defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule as agreed upon with the court. The Judicial Council shall prescribe the form of the agreement for payment and forfeiture of bail in installments for infraction violations. (Veh. Code, § 40510.5, subd. (a)(4).)
Specifies that when a clerk accepts an agreement for payment and forfeiture of bail in installments, the clerk shall continue the appearance date of the defendant to the date to complete payment and forfeiture of bail in the agreement. (Veh. Code, § 40510.5, subd. (b).)
Provides that for the purposes of reporting violations of the Vehicle Code to the Department of Motor Vehicles under Section 1803, the date that the defendant signs an agreement to pay and forfeit bail in installments shall be reported as the date of conviction. (Veh. Code, § 40510.5, subd. (d).)
States that when the defendant fails to make an installment payment, the court may charge a failure to appear or pay and impose a civil assessment as specified, or issue an arrest warrant for a failure to appear. (Veh. Code, § 40510.5, subd. (e).)
States that payment of a bail amount under this section is forfeited when collected and shall be distributed by the court in the same manner as other fines, penalties, and forfeitures collected for infractions. (Veh. Code, § 40510.5, subd. (f).)
Specifies that the defendant shall pay to the clerk of the court or the collecting agency a fee for the processing of installment accounts. This fee shall equal the administrative and clerical costs, as determined by the board of supervisors or by the court, except that the fee shall not exceed $35. (Veh. Code, § 40510.5, subd. (g).)
Requires courts to allow a defendant to appear for arraignment and trial without deposit of bail on traffic infraction violations of the Vehicle Code. (Rule of Court 4.105, subd. (b).) except:
Courts must require the deposit of bail when the defendant elects a statutory procedure that requires the deposit of bail (Rule of Court 4.105, subd. (c)(1).) ;
Courts may require the deposit of bail when the defendant does not sign a written promise to appear as required by the court (Rule of Court 4.105, subd. (c)(2).); and
Courts may require a deposit of bail before trial if the court finds, based on the circumstances of a particular case, that the defendant is unlikely to appear as ordered without a deposit of bail and the court expressly states the reasons for the finding. (Rule of Court 4.105, subd. (c)(3).)
States that courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials courts provide for the public that relate to bail for traffic infractions, including any website information, written instructions, courtesy notices, and forms. Courts must implement this subdivision as soon as reasonably possible but no later than September 15, 2015. (Rule of Court 4.105, subd. (d).)
FISCAL EFFECT: Unknown.
COMMENTS:
Author's Statement: According to the author, "Due to increases in fines and fees, a staggering number of Californians have no access to courts when they are cited for traffic citations. Exorbitant fees can make it challenging for low-income people to resolve minor traffic infractions since many counties require fines to be paid prior to a hearing on the infraction. As a result of unclear policy and high fees, drivers often do not have the opportunity to see a judge and essentially lose the right to due process.
“The proposed solution is to reverse that general practice.
It will have an effect on the 4.2 million California drivers who have
had their licenses suspended in the last eight years for not paying
what started out as minor traffic violations or for missing a
deadline to appear in court.”
Budget Cuts Since the Great Recession Have Reduced the Public’s Access to Courts: Since the Great Recession in 2008, the California court system in particular has faced unprecedented budget cuts. The result has been years of courthouse closures and layoffs, with over $1 billion in budget reductions and closures of over 200 courtrooms. Members of the public seeking to use court services have found fewer courthouses open for fewer days for shorter hours and with longer lines, among many other barriers to access.” (Not Just a Ferguson Problem, How Traffic Courts Drive Inequality in California, p. 12.) (http://www.lccr.com/wp-content/uploads/Not-Just-a-Ferguson-Problem-How-Traffic-Courts-Drive-Inequality-in-California-4.20.15.pdf.)
“These court cuts have directly impacted people facing citations in traffic court. In addition to the general lack of court access, people with tickets have found themselves increasingly shut out of the traffic court system as a result of courts’ growing use of “bail” requirements. In essence, courts have begun to require payment of “total bail,” or the full amount owed on a citation, as a precondition to accessing court resources.” (Ibid.)
“A person cannot have an initial hearing on their ticket at all without paying the fine up front. If that person ultimately prevails in fighting the ticket, they would in effect be seeking reimbursement from the court.” (Ibid.)
Recently Adopted Rule of Court Does Not Address Denials of Court Access Based on Civil Assessments for Failures to Appear or Pay Fine: California courts recently adopted Rule of Court 4.105. That rule was adopted on an expedited basis. It requires courts to allow a defendant to appear for arraignment and trial without a deposit of bail on traffic infraction violations of the Vehicle Code. (Rule of Court 4.105, subd. (b).) This rule states that courts must inform defendants of the option to appear in court without the deposit of bail in any instructions or other materials courts provide for the public that relate to bail for traffic infractions, including any Web site information, written instructions, courtesy notices, and forms. (Rule of Court 4.105, subd. (d).) Courts are to implement this rule as soon as reasonably possible, but no later than September 15, 2015. Rule of Court 4.105 does not address access to courts in those situations where an individual missed the appearance on their traffic ticket, or failed to pay the traffic fine by the required court date, but is prevented from scheduling a court appearance because the bail or civil assessment has not been paid. SB 405 addresses those situations not covered by Rule of Court 4.105.
Imposition of Civil Assessment When Individual Misses a Court Date or Fails to Pay Fine: When a person misses a court date or a deadline to pay a traffic ticket, the court can add up to $300 to the original fine. (Pen. Code, § 1214.1.) This amount is referred to as a “civil assessment” and may only be imposed if the person gets notice and still does not pay or appear within a specified time.
If a civil assessment has been imposed, a person should be able to demonstrate that they had good cause for the failure to appear in court or failure to pay the fine. In order to do that, the person needs to get a court appearance in front of a judge. SB 405 would mandate that where a civil assessment has been imposed, a person can schedule a court appearance without having to pay the civil assessment, or fine amount of the ticket, before going to court. SB 405 would also ensures that a person can schedule a court date on the on the underlying traffic ticket without paying the civil assessment or fine.
Argument in Support: According to Western Center on Law & Poverty (WCLP), “Under current law, if people have failed to appear at a court date (FTA), their driver’s license will be suspended and they will be required to pay full bail (all the fines, fees and assessments) before they can even appear in front of a judge. They are convicted of the FTA and receive an extra $300 civil assessment without ever having been in court, even though such a conviction requires a finding of willfulness. Low income people, who cannot afford to pay full bail, are effectively locked out of court. So, they cannot show good cause for their non-appearance, which means they cannot avail themselves of the benefits of the judge’s other discretionary powers. Ultimately, this method of requiring full bail before a person is allowed to see a judge creates a two-tiered system of justice where people’s access to justice depends on whether they can pay. This results in poor people missing out on due process.
“WCLP and other legal aid organizations compiled a report highlighting this due process problem: ‘Not just a Ferguson Problem – How Traffic Courts Drive Inequality in California.’ California’s Judicial Council (JC) responded by issuing an expedited rule, Rule 4.105. While we approve of the Judicial Council’s first step in correcting this problem, we recognize that the rule leaves out a large group of people who cannot access the court because of the bail requirement. The JC rule states that courts shall not require bail before a hearing, but only for those people who already ‘appeared by the appearance date or an approved extension of that date.’ Cal Rules of Court, Rule 4.105. This requirement unfortunately excludes people who missed their original court date, and only benefits those who attended their first court date and thereafter failed to appear. As advocates of low-income clients who experience the current system, we see that the principal problem is with exactly that group of people who missed their original court date and cannot get in front of a judge because they cannot afford the payments.
“SB 405 will amend Section 1214.1 of the Penal Code to prohibit courts from requiring people with FTAs to pay full bail before seeing a judge. This will cover the people that are left out from the JC’s rule and ensure that anyone who has an FTA will have constitutional due process and be able to see a judge to either establish a payment plan, ask for a fee waiver or community service, or show good cause on the FTA.”
Related Legislation: SB 85, enrolled June 22, 2015, effective immediately, allows counties to set up amnesty programs for fines incurred prior to January 1, 2013. Programs will expire January 1, 2018.
Prior Legislation:
SB 366 (Wright), of the Legislative Session of 2013-2014, held in Senate Appropriations, would have given courts more discretion to consider defendants ability to pay in setting fines and fees.
AB 2724 (Bradford), of the Legislative Session of 2013-2014, held in Assembly Appropriations, would have allowed defendants to get their driving privileges back when the driver’s license had been suspended for failing to pay a fine, if they agree to pay in installments.
REGISTERED SUPPORT / OPPOSITION:
Support
A New Way of Life
(Co-Sponsor)
East Bay Community Law Center (Co-Sponsor)
Legal
Services for Prisoners with Children (Co-Sponsor)
ACLU
American
Friends Service Committee
California Association of Highway
Patrolmen
California Association of Local Conservation Corps
California Attorneys for Criminal Justice
California Catholic
Conference, Inc.
California Department of Insurance
California Immigrant Policy Center
California Partnership
California Public
Defenders Association
Consumer Attorneys of California
Courage
Campaign
Personal Insurance Federation of California
National
Association of Social Workers
PICO California
Rubicon
Programs
Western Center on
Law & Poverty
Opposition
None
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744
SB 405
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 405
Amended: 6/1/15
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/28/15
AYES: Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 5-1, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
NO VOTE RECORDED: Bates
SUBJECT: Vehicles: infraction and misdemeanor violations: amnesty
DIGEST: This bill allows people who participate in an amnesty program to pay off existing fines and have their driver’s licenses reinstated.
Existing law:
Provides that an infraction is not punishable by imprisonment and that a person charged with an infraction is not entitled to a jury trial or a public defender. (Penal Code § 19.6.)
Sets forth the duties of the court, probation officers, and probationers in determining the terms and conditions of probation including providing that the court shall determine if there are any facts in mitigation that would be served by granting probation. (Penal Code § 1203.)
Provides that any person convicted of an infraction may, upon a showing that payment of the total fine would pose a hardship on the defendant, be sentenced to perform community service in lieu of the total fine that would be otherwise imposed. (Penal Code § 1209.5.)
Provides that in addition to any other penalty in an infraction, misdemeanor or felony the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court. (Penal Code § 1214.1.)
Provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant and the court shall vacate the order for the assessment if the person appears in time. (Penal Code § 1214.1(b).)
Provides that the assessment imposed shall be subject to the due process requirements governing defense and collection of civil money judgments generally. (Penal Code § 1214.1)
Provides that if any person has failed to pay a fine within the time authorized by the court to pay a fine, the magistrate or clerk of the court may give notice to the Department of Motor Vehicles (DMV) for any violation. If the fine is later fully paid then the court shall inform DMV. (Vehicle Code §§ 40509(b) and 40509.5(b).)
Provides that in any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of the Vehicle Code, the court, upon request of the defendant shall consider the defendant’s ability to pay and sets forth the process for making that determination. If the court determines that the defendant has the ability to pay all or part of the costs, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability, or if the defendant is placed on probation the court shall order the probation officer to set the amount. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed up on the defendant and any amount the defendant has been ordered to pay in restitution. (Vehicle Code § 42003(c).)
Allows a person owing a fine or bail that is eligible for amnesty under this program to pay to the superior or juvenile court 70 percent of the total fine or bail, or $100 for an infraction or $500 for a misdemeanor, either amount of which must be accepted by the court in full satisfaction of the delinquent fine or bail. The one-time, voluntary amnesty program is to be conducted in accordance with Judicial Council guidelines for a period of not less than 120 days, and not longer than six months from the date the court initiated the program. (Vehicle Code § 42008.5.)
Requires each county to establish a one-time infraction amnesty program for fines and bail providing relief to individuals who are financially unable to pay traffic bail or fines with due dates prior to January 1, 2009, thereby allowing courts and counties to resolve older delinquent cases and focus limited resources on collecting on more recent cases. Fifty percent of the fine or bail shall be paid under the amnesty program. Payment of a fine or bail under these amnesty programs shall be accepted beginning January 1, 2012, and ending June 30, 2012. The Judicial Council shall adopt guidelines for the amnesty program no later than November 1, 2011, and each program shall be conducted in accordance with Judicial Council guidelines. (Vehicle Code § 42008.7.)
This bill:
Provides that a county that establishes a one-time amnesty program for fines and bail shall conduct the program in accordance with guidelines provided by the Judicial Council which shall be adopted by March 1, 2016. Prior to the adoption of those guidelines each program shall be initially conducted in accordance with the Judicial Council guidelines created in accordance with Vehicle Code § 42008.7)
Provides that unless agreed otherwise by the court and the county, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for the implementation of the amnesty program as to that debt.
Provides that commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, 20% of the fine or bail if the person has income that is not more than 125% of the federal poverty level or 50% of the bail if his or her income is above 125% of the poverty level.
Provides that nothing shall limit the court’s ability to issue an earnings withholding order or to order the person to perform community services in lieu of paying the amounts specified.
Provides that DMV shall restore the driving privilege of a participant in the amnesty program whose driver’s license was suspended due to failure to pay fines.
Provides that the Judicial Council shall reimburse the DMV for all costs associated with providing a separate insert with each motor vehicle registration renewal notice a summary fo the amnesty program established by this section and posting on the DMV Web site information regarding the amnesty program.
Provides that no criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
Provides that each court or county implementing an amnesty program shall file, not later than one year after establishing the program a written report with the Judicial Council with information about the number of cases resolved, the amount of money collected, and the operating costs of the amnesty program.
Sunsets the provisions of this bill on January 1, 2018.
Background
According to the author:
Due to an increase in fines and fees and reduced access to courts, a staggering number of Californians have suspended driver licenses. These suspensions make it harder for people to retain employment, harm credit ratings, and raise public safety concerns. The loss of the ability to drive is a threat to a family’s economic security.
Suspended licenses can trap working poor in an impossible situation: unable to reinstate their licenses without gainful employment and unable to access employment without a license, keeping people in cycles of poverty that are difficult to overcome. A New Jersey study found that when a license was suspended, 42% of drivers lost their jobs. Of those, 45% were unable to find a new job and 88% of persons with suspended licenses reported a reduction in their income. This jeopardizes economic stability in the state and limits the workforce available. Employers are affected by having to internalize the cost to replace workers and face the challenge of finding qualified workers with valid driver licenses.
By imposing fees that cannot be paid and effectively creating permanent license suspensions, the system also threatens public safety. Those with suspended licenses often drive without insurance; if there is an accident they don’t have coverage.
The Governor has proposed a Traffic Amnesty program in the 2015-16 Budget for $10 billion of uncollected court-ordered debt. However, any such attempt to collect, through an amnesty program or otherwise, requires the ability to pay, one which is generally lacking without the ability to drive.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
License reinstatement fees: Potentially significant increase in fee revenue (Special Fund*) to the extent a portion of individuals will successfully establish a payment plan with the courts and reinstate their drivers’ licenses, which will require a fee paid to DMV. Impact would be dependent on the number of participating counties and amnesty program participants.
Judicial Council: Potentially significant costs in the range of $250,000 to reimburse DMV for all costs, including personnel costs, incurred by the DMV associated with providing a separate insert with each motor vehicle registration renewal notice that includes a summary of the amnesty program and posting on the DMV Web site information regarding the amnesty program (General Fund**).
Trial court workload: Major costs potentially in excess of $5 million (General Fund**) for each year of the two-year operation of the amnesty program. This estimate assumes statewide participation in the amnesty program. To the extent a number of counties elect not to participate would reduce the impact to the representative courts in those counties.
Counties: Potentially major non-reimbursable operational costs in the millions of dollars over two years to operate the amnesty program, offset in part by near-term fine revenues that otherwise may not have been collected.
Fine revenue impact: Unknown, potential near-term increases in the millions of dollars, offset by long-term major reductions in collections in the millions of dollars statewide (General/Special/Local). The magnitude of fine revenues generated by the amnesty program would be dependent on various factors including, but not limited to, the number of participating counties, the number of program participants and their respective repayment amounts, the terms of the repayment programs established (as this bill’s provisions do not specify payment due dates), and the number of participants ordered to community service in lieu of payment.
* Motor Vehicle Account
** Trial Court Trust Fund
ACLU
American Friends Service Committee
Association for Los Angeles Deputy Sheriffs
Association of Deputy District Attorneys
California Association of Code Enforcement Officers
California Association of Highway Patrolmen
California Attorneys for Criminal Justice
California Catholic Conference, Inc.
California College and University Police Chief’s Association
California Department of Insurance
California Immigrant Policy Center
California In-Home Supportive Services Consumer Alliance
California Narcotic Officers’ Association
California Partnership
California Public Defenders Association
Consumer Alliance
Consumer Attorneys of California
Courage Campaign
East Bay Community Law Center
Ella Baker Center for Human Rights
Lawyers’ Committee for Civil Rights of San Francisco
Legal Services for Prisoners with Children
Los Angeles Community Action Network
Los Angeles County Deputy Probation Officers Union, AFSCME, Local 685
Los Angeles Police Protective League
Personal Insurance Federation of California
PICO California
Rubicon Programs
St. Mary’s Center
Western Center on Law and Poverty
Western Regional Advocacy Project
OPPOSITION: (Verified 5/29/15)
Prepared by: Mary Kennedy / PUB. S. /
6/1/15 17:14:13
**** END ****
SB 405 (Hertzberg) Page 4 of 4
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 405 (Hertzberg) - Vehicles: infraction and misdemeanor violations: amnesty
|
|
Version: April 6, 2015 |
Policy Vote: PUB. S. 7 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 28, 2015 |
Consultant: Jolie Onodera |
SUSPENSE FILE. AS AMENDED.
Bill Summary:
SB 405 would authorize counties to establish a one-time amnesty program for fines and bail to be operational for two years in accordance with guidelines provided by the Judicial Council, as specified. This bill:
Provides that each amnesty program would be required to accept partial payment of past due fines and bail, as specified.
Requires the Department of Motor Vehicles (DMV) to restore the driving privilege of a participant in the amnesty program whose driver’s license was suspended, as specified.
Requires the DMV to provide a notice to each person whose driver’s license has been suspended, as specified, regarding his or her potential eligibility for the amnesty program.
Requires each court or county implementing an amnesty program to file a written report about the program with the Judicial Council, and subsequently requires the Judicial Council to submit a report to the Legislature summarizing the information.
Fiscal Impact (as approved May 28, 2015):
License reinstatement fees: Potentially significant increase in fee revenue (Special Fund*) to the extent a portion of individuals will successfully establish a payment plan with the courts and reinstate their drivers’ licenses, which will require a fee paid to DMV. Impact would be dependent on the number of participating counties and amnesty program participants.
Judicial Council: Potentially significant costs in the range of $250,000 to reimburse DMV for all costs, including personnel costs, incurred by the DMV associated with providing a separate insert with each motor vehicle registration renewal notice that includes a summary of the amnesty program and posting on the DMV website information regarding the amnesty program (General Fund**).
Trial court workload: Major costs potentially in excess of $5 million (General Fund**) for each year of the two-year operation of the amnesty program. This estimate assumes statewide participation in the amnesty program. To the extent a number of counties elect not to participate would reduce the impact to the representative courts in those counties.
Counties: Potentially major non-reimbursable operational costs in the millions of dollars over two years to operate the amnesty program, offset in part by near-term fine revenues that otherwise may not have been collected.
Fine revenue impact: Unknown, potential near-term increases in the millions of dollars, offset by long-term major reductions in collections in the millions of dollars statewide (General/Special/Local). The magnitude of fine revenues generated by the amnesty program would be dependent on various factors including but not limited to the number of participating counties, the number of program participants and their respective repayment amounts, the terms of the repayment programs established (as the bill’s provisions do not specify payment due dates), and the number of participants ordered to community service in lieu of payment.
*Motor Vehicle Account
**Trial Court Trust Fund
Background:
Existing law provides that in addition to any other penalty in an infraction, misdemeanor, or felony, the court may impose a civil penalty of up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court. Existing law provides that if any person has failed to pay a fine within the time authorized by the court, the magistrate or clerk of the court may give notice to the DMV for any violation. If the fine is later fully paid then the court shall inform the DMV. The DMV data indicates an average of over 540,000 suspensions per year placed on driver’s licenses, with over 4.8 million suspended over the last nine years since 2006.
Prior Six-month Amnesty Program in 2012
Under existing law, each county was required to establish a one-time infraction amnesty program for fines and bail to provide relief to individuals who were financially unable to pay traffic bail or fines with due dates prior to January 1, 2009, thereby allowing courts and counties to resolve older delinquent cases and focus limited resources on collecting on more recent cases. Fifty percent of the fine or bail was to be paid under the amnesty program, with payments accepted beginning January 1, 2012, and ending June 30, 2012. The Judicial Council adopted guidelines for the amnesty program no later than November 1, 2011, and each program was conducted in accordance with these guidelines. (Vehicle Code § 42008.7.)
Proposed 18-month Amnesty Program in 2015-16 Governor’s Budget and May Revision
The 2015-16 Governor’s Budget proposed an 18-month traffic amnesty program to be implemented statewide that would provide individuals a 50 percent reduction in the debt owed for qualifying traffic infractions and misdemeanors if individuals pay the reduced amount in full. Amnesty revenues would go to state and local funds in accordance with state law, with the exception of revenues deposited into the State Penalty Fund (SPF). Such revenue would only be deposited into the Peace Officers’ Training Fund (82.2 percent) and Corrections Training Fund (17.8 percent). The proposal assumed the program would collect about $150 million, with $12 million going to the SPF. The Legislative Analyst’s Office estimated in its analysis of the Governor’s Budget that the proposed amnesty program would potentially generate $37 million, but would be unlikely to raise the amount of revenue required to address the shortfalls in the POTF and CTF, and could potentially negatively affect future collections.
The recently released May Revision updates the Administration’s proposed amnesty program by allowing individuals whose driver licenses have been suspended due to Failure To Appear or Failure To Pay related to traffic offenses to reinstate their licenses as part of the program— so they can legally get to work and make their agreed upon payments to the court. These individuals would agree to either make one payment or sign up for a payment plan, supported by a wage garnishment agreement in the event that the individual fails to make a payment. In addition, the $300 court‑imposed assessment fee pursuant to the Penal Code will be waived for the purposes of the amnesty program and replaced by a $50 amnesty administrative fee for the courts to recover their costs of running the program.
Proposed Law:
This bill would authorize counties to establish a one-time amnesty program for fines and bail, as follows:
Provides that the program shall be conducted in accordance with guidelines provided by the Judicial Council to be adopted by March 1, 2016. Prior to the adoption of those guidelines, requires each program to be initially conducted in accordance with the Judicial Council guidelines created in accordance with VC § 42008.7.
Provides that unless agreed otherwise by the court and the county, the government entities that are responsible for the collection of delinquent court-ordered debt are to be responsible for the implementation of the amnesty program as to that debt.
Provides that commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, the following amounts:
80 percent of the fine or bail if the person has income that exceeds 200 percent of the federal poverty level (FPL).
50 percent of the fine or bail if the person has income that is greater than 150 percent of, but not more than 200 percent of the FPL.
20 percent of the fine or bail if the person has income that is not more than 150 percent of the FPL.
Provides that nothing shall limit the court’s ability to issue an earnings withholding order or to order the person to perform community services in lieu of paying the amounts specified.
Requires the DMV to restore the driving privilege of a participant in the amnesty program whose driver’s license was suspended due to failure to pay fines.
Requires the DMV to provide a notice to each person’s whose license has been suspended regarding his or her potential eligibility for the amnesty program.
Provides that no criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
Requires each court or county implementing an amnesty program to file, not later than one year after establishing the program a written report with the Judicial Council with information about the number of cases resolved, the amount of money collected and the operating costs of the amnesty program.
Sunsets the bill’s provisions on January 1, 2018.
Related Legislation:
SB 366 (Wright) 2014 would have made numerous changes in the Vehicle Code and Penal Code regarding factors the court must take into consideration when considering a person’s ability to pay a fine or civil assessment. This bill was held on the Suspense File of this Committee.
AB 2724 (Bradford) 2014 would have required a court to issue and file a certificate with the DMV and request that a hold on a defendant’s driver’s license be lifted if an agreement has been signed to pay a fine in installments, or an agreement has been signed to perform community service in lieu of paying the fine. This bill was held on the Suspense File of this Committee.
Staff Comments:
The Judicial Council and the DMV would likely incur substantial costs to implement the bill’s provisions – See “Fiscal Impact” section of this analysis.
Staff notes numerous differences between the proposed amnesty program in this measure and the amnesty program proposed in the May Revision that would significantly impact the level of costs and revenues associated with each. The amnesty program proposed in this measure: 1) does not mandate statewide participation; 2) establishes a two year program vs. an 18-month program in the May Revision; 3) requires noticing of all persons with suspended driver’s licenses vs. outreach via website information; 4) requires the Judicial Council to determine the level of payment due based on a person’s income vs. a standard 50 percent of amount owed; 5) does not support payment plans by a mandatory wage garnishment agreement in the event that the individual fails to make a payment; and 6) does not waive the $300 court-imposed fee and in its place authorize imposition of administrative fees for both DMV and the courts/counties. This bill also does not specify a start and end date within which payment plan payments will be accepted.
Author amendments (as adopted May 28, 2015):
Delete the DMV noticing requirement.
Require the Judicial Council to reimburse all costs, including personnel costs, incurred by the DMV associated with providing a separate insert with each motor vehicle registration renewal notice a summary of the amnesty program and posting on the DMV website information regarding the amnesty program.
Delete the three-tiered repayment schedule and replaces with a two-tier scale of 1) 20 percent of the fine or bail if the person has income that does not exceed 125 percent of the federal poverty level or is a recipient of state or federal need-based assistance programs, as specified, and, 2) 50 percent of the fine or bail for all others.
Add coauthors.
-- END --
SB 405 (Hertzberg) Page 4 of 4
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 405 (Hertzberg) - Vehicles: infraction and misdemeanor violations: amnesty
|
|
Version: April 6, 2015 |
Policy Vote: PUB. S. 7 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 18, 2015 |
Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 405 would authorize counties to establish a one-time amnesty program for fines and bail to be operational for two years in accordance with guidelines provided by the Judicial Council, as specified. This bill:
Provides that each amnesty program would be required to accept partial payment of past due fines and bail, as specified.
Requires the Department of Motor Vehicles (DMV) to restore the driving privilege of a participant in the amnesty program whose driver’s license was suspended, as specified.
Requires the DMV to provide a notice to each person whose driver’s license has been suspended, as specified, regarding his or her potential eligibility for the amnesty program.
Requires each court or county implementing an amnesty program to file a written report about the program with the Judicial Council, and subsequently requires the Judicial Council to submit a report to the Legislature summarizing the information.
Fiscal Impact:
DMV noticing and workload: One-time costs in excess of $1 million (Special Fund*) to notice approximately 2.5 million individuals. Costs include postage, translation, and staff workload. Additional increased workload over two years to notice additional individuals whose licenses are suspended during the program, and to field telephone calls and inquiries regarding eligibility for the amnesty program are estimated in the low to mid millions of dollars (Special Fund*). It is estimated noticing would be required for all potentially eligible individuals, regardless of county participation.
License reinstatement fees: Potentially significant increase in fee revenue (Special Fund*) to the extent a portion of those individuals noticed will successfully establish a payment plan with the courts and reinstate their drivers’ licenses, which will require a fee paid to DMV. Impact would be dependent on the number of participating counties and amnesty program participants.
Judicial Council guidelines: Minor one-time costs of less than $10,000 (General Fund**).
Trial court workload: Major costs potentially in excess of $5 million (General Fund**) for each year of the two-year operation of the amnesty program. This estimate assumes statewide participation in the amnesty program. To the extent a number of counties elect not to participate would reduce the impact to the representative courts in those counties.
Counties: Potentially major non-reimbursable operational costs in the millions of dollars over two years to operate the amnesty program, offset in part by near-term fine revenues that otherwise may not have been collected.
Fine revenue impact: Unknown, potential near-term increases in the millions of dollars, offset by long-term major reductions in collections in the millions of dollars statewide (General/Special/Local). The magnitude of fine revenues generated by the amnesty program would be dependent on various factors including but not limited to the number of participating counties, the number of program participants and their respective repayment amounts, the terms of the repayment programs established (as the bill’s provisions do not specify payment due dates), and the number of participants ordered to community service in lieu of payment.
*Motor Vehicle Account
**Trial Court Trust Fund
Background:
Existing law provides that in addition to any other penalty in an infraction, misdemeanor, or felony, the court may impose a civil penalty of up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court. Existing law provides that if any person has failed to pay a fine within the time authorized by the court, the magistrate or clerk of the court may give notice to the DMV for any violation. If the fine is later fully paid then the court shall inform the DMV. The DMV data indicates an average of over 540,000 suspensions per year placed on driver’s licenses, with over 4.8 million suspended over the last nine years since 2006.
Prior Six-month Amnesty Program in 2012
Under existing law, each county was required to establish a one-time infraction amnesty program for fines and bail to provide relief to individuals who were financially unable to pay traffic bail or fines with due dates prior to January 1, 2009, thereby allowing courts and counties to resolve older delinquent cases and focus limited resources on collecting on more recent cases. Fifty percent of the fine or bail was to be paid under the amnesty program, with payments accepted beginning January 1, 2012, and ending June 30, 2012. The Judicial Council adopted guidelines for the amnesty program no later than November 1, 2011, and each program was conducted in accordance with these guidelines. (Vehicle Code § 42008.7.)
Proposed 18-month Amnesty Program in 2015-16 Governor’s Budget and May Revision
The 2015-16 Governor’s Budget proposed an 18-month traffic amnesty program to be implemented statewide that would provide individuals a 50 percent reduction in the debt owed for qualifying traffic infractions and misdemeanors if individuals pay the reduced amount in full. Amnesty revenues would go to state and local funds in accordance with state law, with the exception of revenues deposited into the State Penalty Fund (SPF). Such revenue would only be deposited into the Peace Officers’ Training Fund (82.2 percent) and Corrections Training Fund (17.8 percent). The proposal assumed the program would collect about $150 million, with $12 million going to the SPF. The Legislative Analyst’s Office estimated in its analysis of the Governor’s Budget that the proposed amnesty program would potentially generate $37 million, but would be unlikely to raise the amount of revenue required to address the shortfalls in the POTF and CTF, and could potentially negatively affect future collections.
The recently released May Revision updates the Administration’s proposed amnesty program by allowing individuals whose driver licenses have been suspended due to Failure To Appear or Failure To Pay related to traffic offenses to reinstate their licenses as part of the program— so they can legally get to work and make their agreed upon payments to the court. These individuals would agree to either make one payment or sign up for a payment plan, supported by a wage garnishment agreement in the event that the individual fails to make a payment. In addition, the $300 court‑imposed assessment fee pursuant to the Penal Code will be waived for the purposes of the amnesty program and replaced by a $50 amnesty administrative fee for the courts to recover their costs of running the program.
Proposed Law:
This bill would authorize counties to establish a one-time amnesty program for fines and bail, as follows:
Provides that the program shall be conducted in accordance with guidelines provided by the Judicial Council to be adopted by March 1, 2016. Prior to the adoption of those guidelines, requires each program to be initially conducted in accordance with the Judicial Council guidelines created in accordance with VC § 42008.7.
Provides that unless agreed otherwise by the court and the county, the government entities that are responsible for the collection of delinquent court-ordered debt are to be responsible for the implementation of the amnesty program as to that debt.
Provides that commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, the following amounts:
80 percent of the fine or bail if the person has income that exceeds 200 percent of the federal poverty level (FPL).
50 percent of the fine or bail if the person has income that is greater than 150 percent of, but not more than 200 percent of the FPL.
20 percent of the fine or bail if the person has income that is not more than 150 percent of the FPL.
Provides that nothing shall limit the court’s ability to issue an earnings withholding order or to order the person to perform community services in lieu of paying the amounts specified.
Requires the DMV to restore the driving privilege of a participant in the amnesty program whose driver’s license was suspended due to failure to pay fines.
Requires the DMV to provide a notice to each person’s whose license has been suspended regarding his or her potential eligibility for the amnesty program.
Provides that no criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
Requires each court or county implementing an amnesty program to file, not later than one year after establishing the program a written report with the Judicial Council with information about the number of cases resolved, the amount of money collected and the operating costs of the amnesty program.
Sunsets the bill’s provisions on January 1, 2018.
Related Legislation:
SB 366 (Wright) 2014 would have made numerous changes in the Vehicle Code and Penal Code regarding factors the court must take into consideration when considering a person’s ability to pay a fine or civil assessment. This bill was held on the Suspense File of this Committee.
AB 2724 (Bradford) 2014 would have required a court to issue and file a certificate with the DMV and request that a hold on a defendant’s driver’s license be lifted if an agreement has been signed to pay a fine in installments, or an agreement has been signed to perform community service in lieu of paying the fine. This bill was held on the Suspense File of this Committee.
Staff Comments:
The Judicial Council and the DMV would likely incur substantial costs to implement the bill’s provisions – See “Fiscal Impact” section of this analysis.
Staff notes numerous differences between the proposed amnesty program in this measure and the amnesty program proposed in the May Revision that would significantly impact the level of costs and revenues associated with each. The amnesty program proposed in this measure: 1) does not mandate statewide participation; 2) establishes a two year program vs. an 18-month program in the May Revision; 3) requires noticing of all persons with suspended driver’s licenses vs. outreach via website information; 4) requires the Judicial Council to determine the level of payment due based on a person’s income vs. a standard 50 percent of amount owed; 5) does not support payment plans by a mandatory wage garnishment agreement in the event that the individual fails to make a payment; and 6) does not waive the $300 court-imposed fee and in its place authorize imposition of administrative fees for both DMV and the courts/counties. This bill also does not specify a start and end date within which payment plan payments will be accepted.
-- END --
SB 405 (Hertzberg ) Page 6 of 6
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 405 Hearing Date: April 28, 2015
Author: |
Hertzberg |
||
Version: |
April 6, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
MK |
||
Subject: Vehicles: Infraction and Misdemeanor Violations: Amnesty
HISTORY
Source: Western Center on Law and Poverty
A New Way of Life Reentry Project
East Bay Community Law Center
Lawyers Committee for Civil Rights
Legal Services for Prisoners with Children
Prior Legislation: SB 366 (Wright) held Senate Appropriations 2014
AB 2724 (Bradford) held in Assembly Appropriations 2014
AB 1358 (Fuentes) Ch. 662, Stats. 2011
SB 857 (Committee on Budget and Fiscal Review) Ch. 720, Stats. 2010
Support: ACLU; American Friends Service Committee; Ella Baker Center for Human Rights; California Association of Highway Patrolmen; California Attorneys for Criminal Justice; California Catholic Conference, Inc.; California Immigrant Policy Center; California In-Home Supportive Services Consumer Alliance; California Partnership; Courage Campaign; California Public Defenders Association; Los Angeles Community Action Network; Personal Insurance Federation of California; PICO California; Rubicon Programs; St. Mary’s Center; Western Regional Advocacy Project
Opposition: None known
PURPOSE
The purpose of this bill is to allow people who participate in an amnesty program to pay off existing fines and have their driver’s licenses reinstated.
Existing law provides that an infraction is not punishable by imprisonment and that a person charged with an infraction is not entitled to a jury trial or a public defender. (Penal Code § 19.6.)
Existing law sets forth the duties of the court, probation officers, and probationers in determining the terms and conditions of probation including providing that the court shall determine if there are any facts in mitigation that would be served by granting probation. (Penal Code § 1203.)
Existing law provides that any person convicted of an infraction may, upon a showing that payment of the total fine would pose a hardship on the defendant, be sentenced to perform community service in lieu of the total fine that would be otherwise imposed. (Penal Code § 1209.5.)
Existing law provides that in addition to any other penalty in an infraction, misdemeanor or felony the court may impose a civil penalty up to $300 against any defendant who fails to appear in court for any proceeding or fails to pay any portion of the fine ordered by the court. (Penal Code § 1214.1.)
Existing law provides that the assessment shall not become effective until at least 10 calendar days after the court mails a warning to the defendant and the court shall vacate the order for the assessment if the person appears in time. (Penal Code § 1214.1(b).)
Existing law provides that the assessment imposed shall be subject to the due process requirements governing defense and collection of civil money judgments generally. (Penal Code § 1214.1)
Existing law provides that if any person has failed to pay a fine within the time authorized by the court to pay a fine, the magistrate or clerk of the court may give notice to DMV for any violation. If the fine is later fully paid then the court shall inform DMV. (Vehicle Code §§ 40509(b) and 40509.5(b).)
Existing law provides that in any case when a person appears before a traffic referee or judge of the superior court for adjudication of a violation of the Vehicle Code, the court, upon request of the defendant shall consider the defendant’s ability to pay and sets forth the process for making that determination. If the court determines that the defendant has the ability to pay all or part of the costs, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability, or if the defendant is placed on probation the court shall order the probation officer to set the amount. In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any fine imposed up on the defendant and any amount the defendant has been ordered to pay in restitution. (Vehicle Code
§ 42003(c).)
Existing law allows a person owing a fine or bail that is eligible for amnesty under this program to pay to the superior or juvenile court 70 percent of the total fine or bail, or $100 for an infraction or $500 for a misdemeanor, either amount of which must be accepted by the court in full satisfaction of the delinquent fine or bail. The one-time, voluntary amnesty program is to be conducted in accordance with Judicial Council guidelines for a period of not less than 120 days, and not longer than six months from the date the court initiated the program. (Vehicle Code
§ 42008.5.)
Existing law requires each county to establish a one-time infraction amnesty program for fines and bail providing relief to individuals who are financially unable to pay traffic bail or fines with due dates prior to January 1, 2009, thereby allowing courts and counties to resolve older delinquent cases and focus limited resources on collecting on more recent cases. Fifty percent of the fine or bail shall be paid under the amnesty program. Payment of a fine or bail under these amnesty programs shall be accepted beginning January 1, 2012, and ending June 30, 2012. The Judicial Council shall adopt guidelines for the amnesty program no later than November 1, 2011, and each program shall be conducted in accordance with Judicial Council guidelines. (Vehicle Code § 42008.7.)
This bill provides that a county that establishes a one-time amnesty program for fines and bail shall conduct the program in accordance with guidelines provided by the Judicial Council which shall be adopted by March 1, 2016. Prior to the adoption of those guidelines each program shall be initially conducted in accordance with the Judicial Council guidelines created in accordance with Vehicle Code § 42008.7)
This bill provides that unless agreed otherwise by the court and the county, the government entities that are responsible for the collection of delinquent court-ordered debt shall be responsible for the implementation of the amnesty program as to that debt.
This bill provides that commencing January 1, 2016, until January 1, 2018, each amnesty program shall accept in full satisfaction of any eligible fine or bail, of which the due date for payment was on or before January 1, 2013, the following amounts:
80% of the fine or bail if the person has income that exceeds 200% of the federal poverty level.
50% of the fine or bail if the person has income that is greater than 150% of, but not more than 200% of the federal poverty level.
20% of the fine or bail if the person has income that is not more than 150% of the federal poverty level.
This bill provides that nothing shall limit the court’s ability to issue an earnings withholding order or to order the person to perform community services in lieu of paying the amounts specified.
This bill provides that DMV shall restore the driving privilege of a participant in the amnesty program whose driver’s license was suspended due to failure to pay fines.
This bill provides that DMV shall provide a notice to each person’s whose license has been suspended regarding his or her potential eligibility for the amnesty program.
This bill provides that no criminal action shall be brought against a person for a delinquent fine or bail paid under the amnesty program.
This bill provides that each court or county implementing an amnesty program shall file, not later than one year after establishing the program a written report with the Judicial Council with information about the number of cases resolved, the amount of money collected and the operating costs of the amnesty program.
This bill sunsets January 1, 2018.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past eight years, this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In February of this year the administration reported that as “of February 11, 2015, 112,993 inmates were housed in the State’s 34 adult institutions, which amounts to 136.6% of design bed capacity, and 8,828 inmates were housed in out-of-state facilities. This current population is now below the court-ordered reduction to 137.5% of design bed capacity.”( Defendants’ February 2015 Status Report In Response To February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).
While significant gains have been made in reducing the prison population, the state now must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed to reducing the prison population;
Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or legislative drafting error; and
Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
Due to an increase in fines and fees and reduced access to courts, a staggering number of Californians have suspended driver licenses. These suspensions make it harder for people to retain employment, harm credit ratings, and raise public safety concerns. The loss of the ability to drive is a threat to a family’s economic security.
Suspended licenses can trap working poor in an impossible situation: unable to reinstate their licenses without gainful employment and unable to access employment without a license, keeping people in cycles of poverty that are difficult to overcome. A New Jersey study found that when a license was suspended, 42% of drivers lost their jobs. Of those, 45% were unable to find a new job and 88% of persons with suspended licenses reported a reduction in their income. This jeopardizes economic stability in the state and limits the workforce available. Employers are affected by having to internalize the cost to replace workers and face the challenge of finding qualified workers with valid driver licenses.
By imposing fees that cannot be paid and effectively creating permanent license suspensions, the system also threatens public safety. Those with suspended licenses often drive without insurance; if there is an accident they don’t have coverage.
The Governor has proposed a Traffic Amnesty program in the 2015-16 Budget for $10 billion of uncollected court-ordered debt. However, any such attempt to collect, through an amnesty program or otherwise, requires the ability to pay, one which is generally lacking without the ability to drive.
2. Amnesty Program Under This Bill
This bill provides that a county which establishes an amnesty from January 1, 2016 until January 1, 2018 for fines and bail that were due on or before January 1, 2013 shall follow the guidelines adopted by Judicial Council. The entity in a county that is in charge of collections shall run the program and the bill sets forth the amount of the fines that shall be collected. A person who had their license suspended who participates in the program shall have their license reinstated.
While this bill talks about an amnesty program it does not clearly state that a county may adopt an amnesty program. This should be clarified.
Amnesty programs under this bill would apply to fines due on or before January 1, 2013. Is this the appropriate time frame?
3. Federal Poverty Level
Under this bill, the payments under the amnesty program shall be made as follows:
80% of the fine or bail if the person has income that exceeds 200% of the federal poverty level.
50% of the fine or bail fi the person has income that is greater than 150% of, but not more than 200% of the federal poverty level.
20% of the fine or bail if the person has income that is not more than 150% of the federal poverty level.
Is the federal poverty level the appropriate measure in California? Would the supplemental poverty level be more appropriate since it should more accurately recognize the cost of living in California?
4. License Reinstated
This bill provides that DMV shall reinstate the license of a participant in the amnesty program whose license was suspended under Vehicle Code Section 13365. The intent is that the license suspension will be removed as soon as the participant signs up for the amnesty program but this should be clarified. The remaining issue is what if a participant stops making payments as part of the amnesty program, should their license be suspended again? How will that work?
5. Notice by DMV
This bill provides that DMV shall provide notice to each person whose driver’s license has been suspended under Vehicle Code Section 13365 for failure to pay fines regarding his or her potential eligibility for the amnesty program. The sponsors believe past amnesty programs have not been totally successful because of a lack of notice and believes that DMV notice in multiple languages should help that.
This is not a mandatory amnesty program, is DMV supposed to send it to everyone with a suspended license even if only a few counties adopt the amnesty program or just those in the impacted counties? Do people with suspended licenses keep their addresses current with DMV so that they will receive notice?
6. Report
This bill requires those counties participating in the amnesty programs to file a written report with Judicial Council including the number of cases involved, the amount of money collected and the operating costs of the program. The Judicial Council shall then submit a report to the legislation summarizing the information from the various programs.
7. Sunset
The amnesty programs under this bill will remain in effect only until January 1, 2018.
-- END –
