AB 412: Courts: civil assessments.

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 20 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 provide that the assessment shall not become effective until at least 60 days after the court mails a warning notice to the defendant. The bill would require the court to vacate a civil assessment if the underlying charge is dismissed, refund any payments made by a defendant towards that assessment, and terminate any collection action. The bill would require the court to vacate a civil assessment imposed pursuant to those provisions, if the defendant certifies that he or she had good cause to not appear or not pay a fine, or is unable to pay the assessment. The bill would define good cause for this purpose. The bill would also require a court to allow a defendant to file a motion to vacate a civil assessment at any time. Finally, the bill would require the court to include a form to petition the court to vacate a civil assessment with any notice of or request to pay the civil assessment.