AB 1125: Vehicle Code: infractions.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-10-07
Current Status:
Passed
(2023-10-07: Chaptered by Secretary of State - Chapter 356, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill removes a court’s authority to take or suspend a person’s driver’s license or to limit their driving for up to 30 days if they fail to pay traffic bail or fines in installments. It amends two sections of the Vehicle Code to reflect that change and repeals an obsolete related provision.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes 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 a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a persons drivers license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days.
This bill would eliminate the courts authorization to impound a persons drivers license or limit the persons driving when the person fails to pay the bail in installments. The bill would repeal a provision of law made obsolete by the bill.
Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes 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 a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a persons drivers license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days.
This bill would eliminate the courts authorization to impound a persons drivers license or limit the persons driving when the person fails to pay the bail in installments. The bill would repeal a provision of law made obsolete by the bill.
Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes 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 a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a persons drivers license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days.
This bill would eliminate the courts authorization to impound a persons drivers license or limit the persons driving when the person fails to pay the bail in installments. The bill would repeal a provision of law made obsolete by the bill.
Under existing law, a person who willfully violates their written promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor. Existing law authorizes 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 a specified date if specified circumstances exist, including, among other things, that the defendant signs a written agreement to pay and forfeit the remainder of the required bail according to an installment schedule. Under existing law, if a person convicted of an infraction fails to pay bail in installments, as agreed to with the court, the court may impound a persons drivers license and order the person not to drive, or order that the person limit their driving to their place of employment, for a period not to exceed 30 days.
This bill would eliminate the courts authorization to impound a persons drivers license or limit the persons driving when the person fails to pay the bail in installments.
Existing law makes it unlawful and punishable as an infraction for a person to violate, or fail to comply with, any provision of the Vehicle Code, or any local ordinance adopted pursuant to the Vehicle Code, except as otherwise specified.This bill would make technical, nonsubstantive changes to that provision.Existing law makes it unlawful and punishable as an infraction for a person to violate, or fail to comply with, any provision of the Vehicle Code, or any local ordinance adopted pursuant to the Vehicle Code, except as otherwise specified.
This bill would make technical, nonsubstantive changes to that provision.
(a)(1)The clerk of a court in which a person was convicted of a violation of this code, was convicted of a violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code pertaining to a mechanically propelled vessel but not to manipulating any water skis, an aquaplane, or similar device, was convicted of a violation of Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation Code, a violation of subdivision (a) of Section 192.5 of the Penal Code, or a violation of subdivision (b) of Section 5387 of the Public Utilities Code, was convicted of an offense involving use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code, was convicted of a felony offense when a commercial motor vehicle, as defined in subdivision (b) of Section 15210, was involved in or incidental to the commission of the offense, or was convicted of a violation of any other statute relating to the safe operation of vehicles, shall prepare within five days after conviction and immediately forward to the department at its office at Sacramento an abstract of the record of the court covering the case in which the person was so convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the department within five days after sentencing and the abstract shall be certified by the person so required to prepare it to be true and correct.
(2)For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction.
(b)The following violations are not required to be reported under subdivision (a):
(1)Division 3.5 (commencing with Section 9840).
(2)Section 21113, with respect to parking violations.
(3)Chapter 9 (commencing with Section 22500) of Division 11, except Section 22526.
(4)Division 12 (commencing with Section 24000), except Sections 24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3 (commencing with Section 26301).
(5)Division 15 (commencing with Section 35000), except Chapter 5 (commencing with Section 35550).
(6)Violations for which a person was cited as a pedestrian or while operating a bicycle or a motorized scooter.
(7)Division 16.5 (commencing with Section 38000), except Sections 38301, 38301.3, 38301.5, 38304.1, and 38504.1.
(8)Subdivision (b) of Section 23221, subdivision (b) of Section 23223, subdivision (b) of Section 23225, and subdivision (b) of Section 23226.
(c)If the court determines that a prior judgment of conviction of a violation of Section 23152 or 23153 is valid or is invalid on constitutional grounds pursuant to Section 41403, the clerk of the court in which the determination is made shall prepare an abstract of that determination and forward it to the department in the same manner as an abstract of record pursuant to subdivision (a).
(d)Within five days of an order terminating or revoking probation under Section 23602, the clerk of the court in which the order terminating or revoking probation was entered shall prepare and immediately forward to the department at its office in Sacramento an abstract of the record of the court order terminating or revoking probation and any other order of the court to the department required by law.
SEC. 2.Section 40508 of the Vehicle Code is amended to read:40508.(a)A person willfully violating their written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.
(b)A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.
(c)A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of their subsequent compliance with the order.
(a)(1)The clerk of a court in which a person was convicted of a violation of this code, was convicted of a violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code pertaining to a mechanically propelled vessel but not to manipulating any water skis, an aquaplane, or similar device, was convicted of a violation of Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation Code, a violation of subdivision (a) of Section 192.5 of the Penal Code, or a violation of subdivision (b) of Section 5387 of the Public Utilities Code, was convicted of an offense involving use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code, was convicted of a felony offense when a commercial motor vehicle, as defined in subdivision (b) of Section 15210, was involved in or incidental to the commission of the offense, or was convicted of a violation of any other statute relating to the safe operation of vehicles, shall prepare within five days after conviction and immediately forward to the department at its office at Sacramento an abstract of the record of the court covering the case in which the person was so convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the department within five days after sentencing and the abstract shall be certified by the person so required to prepare it to be true and correct.
(2)For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction.
(b)The following violations are not required to be reported under subdivision (a):
(1)Division 3.5 (commencing with Section 9840).
(2)Section 21113, with respect to parking violations.
(3)Chapter 9 (commencing with Section 22500) of Division 11, except Section 22526.
(4)Division 12 (commencing with Section 24000), except Sections 24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3 (commencing with Section 26301).
(5)Division 15 (commencing with Section 35000), except Chapter 5 (commencing with Section 35550).
(6)Violations for which a person was cited as a pedestrian or while operating a bicycle or a motorized scooter.
(7)Division 16.5 (commencing with Section 38000), except Sections 38301, 38301.3, 38301.5, 38304.1, and 38504.1.
(8)Subdivision (b) of Section 23221, subdivision (b) of Section 23223, subdivision (b) of Section 23225, and subdivision (b) of Section 23226.
(c)If the court determines that a prior judgment of conviction of a violation of Section 23152 or 23153 is valid or is invalid on constitutional grounds pursuant to Section 41403, the clerk of the court in which the determination is made shall prepare an abstract of that determination and forward it to the department in the same manner as an abstract of record pursuant to subdivision (a).
(d)Within five days of an order terminating or revoking probation under Section 23602, the clerk of the court in which the order terminating or revoking probation was entered shall prepare and immediately forward to the department at its office in Sacramento an abstract of the record of the court order terminating or revoking probation and any other order of the court to the department required by law.
SEC. 2.Section 40508 of the Vehicle Code is amended to read:40508.(a)A person willfully violating their written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.
(b)A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.
(c)A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of their subsequent compliance with the order.
(a)(1)The clerk of a court in which a person was convicted of a violation of this code, was convicted of a violation of subdivision (a), (b), (c), (d), (e), or (f) of Section 655 of the Harbors and Navigation Code pertaining to a mechanically propelled vessel but not to manipulating any water skis, an aquaplane, or similar device, was convicted of a violation of Section 655.2, 655.6, 658, or 658.5 of the Harbors and Navigation Code, a violation of subdivision (a) of Section 192.5 of the Penal Code, or a violation of subdivision (b) of Section 5387 of the Public Utilities Code, was convicted of an offense involving use or possession of controlled substances under Division 10 (commencing with Section 11000) of the Health and Safety Code, was convicted of a felony offense when a commercial motor vehicle, as defined in subdivision (b) of Section 15210, was involved in or incidental to the commission of the offense, or was convicted of a violation of any other statute relating to the safe operation of vehicles, shall prepare within five days after conviction and immediately forward to the department at its office at Sacramento an abstract of the record of the court covering the case in which the person was so convicted. If sentencing is not pronounced in conjunction with the conviction, the abstract shall be forwarded to the department within five days after sentencing and the abstract shall be certified by the person so required to prepare it to be true and correct.
(2)For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction.
(b)The following violations are not required to be reported under subdivision (a):
(1)Division 3.5 (commencing with Section 9840).
(2)Section 21113, with respect to parking violations.
(3)Chapter 9 (commencing with Section 22500) of Division 11, except Section 22526.
(4)Division 12 (commencing with Section 24000), except Sections 24002, 24004, 24250, 24409, 24604, 24800, 25103, 26707, 27151, 27315, 27360, 27800, and 27801 and Chapter 3 (commencing with Section 26301).
(5)Division 15 (commencing with Section 35000), except Chapter 5 (commencing with Section 35550).
(6)Violations for which a person was cited as a pedestrian or while operating a bicycle or a motorized scooter.
(7)Division 16.5 (commencing with Section 38000), except Sections 38301, 38301.3, 38301.5, 38304.1, and 38504.1.
(8)Subdivision (b) of Section 23221, subdivision (b) of Section 23223, subdivision (b) of Section 23225, and subdivision (b) of Section 23226.
(c)If the court impounds a license or orders a person to limit his or her driving pursuant to subdivision (d) of Section 40508, the court shall notify the department concerning the impoundment or limitation on an abstract prepared pursuant to subdivision (a) of this section or on a separate abstract, that shall be prepared within five days after the impoundment or limitation was ordered and immediately forwarded to the department at its office in Sacramento.(d)(c)If the court determines that a prior judgment of conviction of a violation of Section 23152 or 23153 is valid or is invalid on constitutional grounds pursuant to Section 41403, the clerk of the court in which the determination is made shall prepare an abstract of that determination and forward it to the department in the same manner as an abstract of record pursuant to subdivision (a).
(e)(d)Within five days of an order terminating or revoking probation under Section 23602, the clerk of the court in which the order terminating or revoking probation was entered shall prepare and immediately forward to the department at its office in Sacramento an abstract of the record of the court order terminating or revoking probation and any other order of the court to the department required by law.
SECTION 1.SEC. 2.Section 40508 of the Vehicle Code is amended to read:40508.(a)A person willfully violating their written promise to appear or a lawfully granted continuance of their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which the person was originally arrested.
(b)A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.
(c)A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of their subsequent compliance with the order.
(a)A person willfully violating his or her their written promise to appear or a lawfully granted continuance of his or her their promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she the person was originally arrested.
(b)A person willfully failing to pay bail in installments as agreed to under Section 40510.5 or a lawfully imposed fine for a violation of a provision of this code or a local ordinance adopted pursuant to this code within the time authorized by the court and without lawful excuse having been presented to the court on or before the date the bail or fine is due is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time.
(c)A person willfully failing to comply with a condition of a court order for a violation of this code, other than for failure to appear or failure to pay a fine, is guilty of a misdemeanor, regardless of his or her their subsequent compliance with the order.
(d)If a person convicted of an infraction fails to pay bail in installments as agreed to under Section 40510.5, or a fine or an installment thereof, within the time authorized by the court, the court may, except as otherwise provided in this subdivision, impound the persons drivers license and order the person not to drive for a period not to exceed 30 days. Before returning the license to the person, the court shall endorse on the reverse side of the license that the person was ordered not to drive, the period for which that order was made, and the name of the court making the order. If a defendant with a class C or M drivers license satisfies the court that impounding his or her drivers license and ordering the defendant not to drive will affect his or her livelihood, the court shall order that the person limit his or her driving for a period not to exceed 30 days to driving that is essential in the courts determination to the persons employment, including the persons driving to and from his or her place of employment if other means of transportation are not reasonably available. The court shall provide for the endorsement of the limitation on the persons license. The impounding of the license and ordering the person not to drive or the order limiting the persons driving does not constitute a suspension of the license, but a violation of the order constitutes contempt of court.SECTION 1.Section 40000.1 of the Vehicle Code is amended to read:40000.1.Except as otherwise provided in this article, it is unlawful and constitutes an infraction for a person to violate, or fail to comply with, any provision of this code, or any local ordinance adopted pursuant to this code.Except as otherwise provided in this article, it is unlawful and constitutes an infraction for any a person to violate, or fail to comply with with, any provision of this code, or any local ordinance adopted pursuant to this code.
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Date
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Status
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|---|---|
| Oct 7, 2023 | Chaptered by Secretary of State - Chapter 356, Statutes of 2023. |
| Oct 7, 2023 | Approved by the Governor. |
| Sep 15, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3194.). |
| Sep 7, 2023 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77. |
| Sep 7, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2482.). |
| Jun 19, 2023 | Read second time. Ordered to third reading. |
| Jun 15, 2023 | Read third time and amended. Ordered to second reading. |
| Jun 8, 2023 | Ordered to third reading. |
| Jun 8, 2023 | From Consent Calendar. |
| Jun 7, 2023 | Read second time. Ordered to Consent Calendar. |
| Jun 6, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (June 6). |
| May 10, 2023 | Referred to Com. on PUB S. |
| May 2, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 1, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1412.) |
| Apr 26, 2023 | Read second time. Ordered to Consent Calendar. |
| Apr 25, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 8. Noes 0.) (April 25). |
| Mar 30, 2023 | From committee: Do pass and re-refer to Com. on PUB. S. with recommendation: To Consent Calendar. (Ayes 15. Noes 0.) (March 27). Re-referred to Com. on PUB. S. |
| Mar 6, 2023 | Re-referred to Com. on TRANS. |
| Mar 2, 2023 | Referred to Coms. on TRANS. and PUB. S. |
| Mar 2, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 11, 2023 | AB 1125 Hart Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 7, 2023 | Assembly 3rd Reading AB1125 Hart By Limón | Senate Floor |
Passed |
|
| Jun 6, 2023 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 1, 2023 | AB 1125 Hart Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 25, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Public Safety |
Passed |
|
| Mar 27, 2023 | Do pass and be re-referred to the Committee on [Public Safety] with recommendation: To Consent Calendar | Assembly Standing Committee on Transportation |
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.
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Organization
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Position
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Date
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|---|---|---|
| Aclu California Action | ** Support | |
| California Attorneys For Criminal Justice | ** Support | |
| California Public Defenders Association | ** Support | |
| Californians for Safety and Justice | ** Support | |
| Californians United for a Responsible Budget | ** Support | |
| Communities United for Restorative Youth Justice | ** Support | |
| Fair Chance Project | ** Support | |
| Initiate Justice | ** Support | |
| Lawyers' Committee for Civil Rights of the San Francisco Bay Area | ** Support | |
| Legal Services for Prisoners with Children | ** Support | |
| Prosecutors Alliance of California | ** Support | |
| Sister Warriors Freedom Coalition | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1125
Author:(Hart)
As Amended Ver:June 15, 2023
Majority vote
SUMMARY
Repeals existing law authorizing courts to impound a person's driver's license (DL) and order the person not to drive for 30 days if they fail to make an agreed upon installment payments for bail or a fine.
Senate Amendments
Senate Amendments are technical and clarifying in nature.
COMMENTS
Over the last five years the California Legislature has recognized the harm caused to a person by suspending their DL for reasons unrelated to dangerous driving. Individuals driving with a suspended license are subject to a misdemeanor that may result in jail time and they could have their vehicles impounded for 30 days. Many drivers with suspended licenses are likely to continue driving because of the necessity of a car to get to work, increasing the likelihood of committing a hit and run to avoid the compounding criminal and financial consequences of driving uninsured and without a valid license.
The California Legislature has removed most suspensions of DLs unrelated to driving behavior, including suspensions related to failure to pay traffic fines, failure to appear in court, vandalism, truancy, providing alcohol to a person under 21, purchasing, possessing or consuming alcohol under the age of 21, soliciting a prostitute, or a minor possessing a firearm.
AB 1125 will simply repeal the authorization for courts to impound a person's driver's license or limit their driving simply because they are behind on their payments for traffic tickets. This is consistent with steps the Legislature has taken over the last several years to limit suspension of driver's licenses to safety related matters."
Committee comments: AB 103 (Committee on Budget), Chapter 17, Statutes of 2017 removed the DL suspension for failure to pay a traffic fine. The purpose of that provision was to prevent people from losing their DL because of their inability to pay a traffic fine. However, that measure may have inadvertently left out the provision this bill seeks to remove. Individuals that are seeking installment payments are likely the low income populations AB 103 intended to protect from license suspensions. This bill furthers the goals of the Legislature by removing the authority for courts to suspend a license.
According to the Author
"AB 1125 will prohibit the suspension of a Californian's driver's license for failure to pay bail installments. This measure aims to provide equality for low-income individuals and people of color. Valid Driver's licenses are critical in obtaining employment, housing and social services in California and are therefore an essential need."
The Committee on Revision of the Penal Code has noted that "research shows that license suspensions have dramatic economic consequences. Data from New Jersey concludes that 42% of people surveyed lost a job while their license was suspended, 45% reported not finding another job, and 88% reported reduced income. Another study showed that women with young children receiving public assistance were twice as likely to find employment if they had a DL — a bigger impact than having graduated from high school."
Arguments in Support
According to The Prosecutors Alliance of California, "Under current law, if a person has agreed to pay a traffic ticket in installments and fails to keep up with the payments, the court may impound their driver's license and order the person not to drive for up to 30 days. This penalty disproportionately impacts low-income people of color, impeding their ability to take their children to school, buy groceries, and access healthcare and employment –making it even less likely they will be able to make their payments. Many people may have no choice but to continue driving without a valid license, risking more fines, fees and other penalties and making the streets less safe for all.
AB 1125 will simply repeal the authorization for courts to impound a person's driver's license or limit their driving simply because they are behind on their payments for traffic tickets. This is consistent with steps the Legislature has taken over the last several years to limit suspension of driver's licenses to safety related matters."
Arguments in Opposition
None on file.
FISCAL COMMENTS
None. This bill is keyed "non fiscal" by Legislative Counsel.
VOTES:
ASM TRANSPORTATION: 15-0-0
YES: Friedman, Vince Fong, Berman, Juan Carrillo, Davies, Gipson, Hart, Jackson, Kalra, Lowenthal, Stephanie Nguyen, Sanchez, Wallis, Ward, Wicks
ASM PUBLIC SAFETY: 8-0-0
YES: Jones-Sawyer, Alanis, Bonta, Bryan, Lackey, Ortega, Santiago, Zbur
ASSEMBLY FLOOR: 78-0-2
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: McKinnor, Soria
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: June 15, 2023
CONSULTANT: David Sforza / TRANS. / (916) 319-2093 FN: 0001947
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1125 |
THIRD READING
Bill No: AB 1125
Author: Hart (D)
Amended: 6/15/23 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/6/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
ASSEMBLY FLOOR: 78-0, 5/1/23 (Consent) - See last page for vote
SUBJECT: Vehicle Code: infractions
SOURCE: Prosecutors Alliance of California
DIGEST:
This bill eliminates the court’s authority to suspend a person’s driver’s license and order the person not to drive for 30 days if they fail to make an agreed upon installment payment for bail or a fine.
Senate Floor Amendments of 6/15/23 repeal a provision in another Vehicle Code Section that will be obsolete if this bill is signed into law.
ANALYSIS:
Existing law:
- Authorizes the clerk of the court to make an agreement with a defendant to pay a fine in installment payments. (Vehicle Code § 40510.5 (a).)
- Authorizes the court to charge a failure to appear or issue an arrest warrant for a failure to appear when the defendant fails to make an installment payment pursuant to an installment agreement. (Vehicle Code § 40510.5(e).)
- Provides that a person who willfully fails to pay bail or a fine in installments as agreed to, is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time. (Vehicle Code § 40508 (b).)
- Authorizes a court to impound a person’s driver’s license and order the person not to drive for a period of 30 days if they fail to make an agreed upon installment payment for bail or a fine. (Vehicle Code § 40508 (d).)
- Prohibits a person from driving a vehicle with a suspended license and punishes a violation as a misdemeanor with imprisonment in county jail for not more than six months, or by a fine ranging from $300 to $1000, or both. (Vehicle Code § 14601.1 (a) & (b).)
- Authorizes a peace officer to impound a vehicle for 30 days if a person was driving with a suspended license. (Vehicle Code § 14602.6 (a)(1).)
This bill eliminates the court’s authority to suspend a person’s driver’s license and order the person not to drive for 30 days if they fail to make an agreed upon installment payment for bail or a fine.
Background
According to the author:
AB 1125 ends the practice of a court impounding the driver’s licenses of low-income individuals who miss traffic ticket installment payments. The Legislature has already protected individuals with unpaid fines who are not on installment plans. AB 1125 ensures that all Californians are able to maintain their driver’s license regardless of their ability to pay off money owed for traffic infractions. Correcting this inequity is necessary to mitigate the impact on marginalized communities.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/19/23)
Prosecutors Alliance of California (source)
ACLU California Action
California Attorneys for Criminal Justice
California Public Defenders Association
Californians for Safety and Justice
Communities United for Restorative Youth Justice
Initiate Justice
Lawyers' Committee for Civil Rights of the San Francisco Bay Area
Sister Warriors Freedom Coalition
OPPOSITION: (Verified 6/19/23)
None received
ARGUMENTS IN SUPPORT: According to the Prosecutors Alliance of California:
Under current law, if a person has agreed to pay a traffic ticket in installments and fails to keep up with the payments, the court may impound their driver’s license and order the person not to drive for up to 30 days. This penalty disproportionately impacts low-income people of color, impeding their ability to take their children to school, buy groceries, and access healthcare and employment –making it even less likely they will be able to make their payments. Many people may have no choice but to continue driving without a valid license, risking more fines, fees and other penalties and making the streets less safe for all.
AB 1125 will simply repeal the authorization for courts to impound a person’s driver’s license or limit their driving simply because they are behind on their payments for traffic tickets. This is consistent with steps the Legislature has taken over the last several years to limit suspension of driver’s licenses to safety related matters
ASSEMBLY FLOOR: 78-0, 5/1/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: McKinnor, Soria
Prepared by: Mary Kennedy / PUB. S. /
6/21/23 14:30:35
**** END ***
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1125 |
THIRD READING
Bill No: AB 1125
Author: Hart (D)
Amended: 3/2/23 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-0, 6/6/23
AYES: Wahab, Ochoa Bogh, Bradford, Skinner, Wiener
ASSEMBLY FLOOR: 78-0, 5/1/23 (Consent) - See last page for vote
SUBJECT: Vehicle Code: infractions
SOURCE: Prosecutors Alliance of California
DIGEST:
This bill eliminates the court’s authority to suspend a person’s driver’s license and order the person not to drive for 30 days if they fail to make an agreed upon installment payment for bail or a fine.
ANALYSIS:
Existing law:
- Authorizes the clerk of the court to make an agreement with a defendant to pay a fine in installment payments. (Vehicle Code § 40510.5 (a).)
- Authorizes the court to charge a failure to appear or issue an arrest warrant for a failure to appear when the defendant fails to make an installment payment pursuant to an installment agreement. (Vehicle Code § 40510.5(e).)
- Provides that a person who willfully fails to pay bail or a fine in installments as agreed to, is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time. (Vehicle Code § 40508 (b).)
- Authorizes a court to impound a person’s driver’s license and order the person not to drive for a period of 30 days if they fail to make an agreed upon installment payment for bail or a fine. (Vehicle Code § 40508 (d).)
- Prohibits a person from driving a vehicle with a suspended license and punishes a violation as a misdemeanor with imprisonment in county jail for not more than six months, or by a fine ranging from $300 to $1000, or both. (Vehicle Code § 14601.1 (a) & (b).)
- Authorizes a peace officer to impound a vehicle for 30 days if a person was driving with a suspended license. (Vehicle Code § 14602.6 (a)(1).)
This bill eliminates the court’s authority to suspend a person’s driver’s license and order the person not to drive for 30 days if they fail to make an agreed upon installment payment for bail or a fine.
Background
According to the author:
AB 1125 ends the practice of a court impounding the driver’s licenses of low-income individuals who miss traffic ticket installment payments. The Legislature has already protected individuals with unpaid fines who are not on installment plans. AB 1125 ensures that all Californians are able to maintain their driver’s license regardless of their ability to pay off money owed for traffic infractions. Correcting this inequity is necessary to mitigate the impact on marginalized communities.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/6/23)
Prosecutors Alliance of California (source)
ACLU California Action
California Attorneys for Criminal Justice
California Public Defenders Association
Californians for Safety and Justice
Communities United for Restorative Youth Justice
Initiate Justice
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Sister Warriors Freedom Coalition
OPPOSITION: (Verified 6/6/23)
None received
ARGUMENTS IN SUPPORT: According to the Prosecutors Alliance of California:
Under current law, if a person has agreed to pay a traffic ticket in installments and fails to keep up with the payments, the court may impound their driver’s license and order the person not to drive for up to 30 days. This penalty disproportionately impacts low-income people of color, impeding their ability to take their children to school, buy groceries, and access healthcare and employment –making it even less likely they will be able to make their payments. Many people may have no choice but to continue driving without a valid license, risking more fines, fees and other penalties and making the streets less safe for all.
AB 1125 will simply repeal the authorization for courts to impound a person’s driver’s license or limit their driving simply because they are behind on their payments for traffic tickets. This is consistent with steps the Legislature has taken over the last several years to limit suspension of driver’s licenses to safety related matters
ASSEMBLY FLOOR: 78-0, 5/1/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: McKinnor, Soria
Prepared by: Mary Kennedy / PUB. S. /
6/8/23 10:01:21
**** END ****
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 1125 Hearing Date: June 6, 2023
Author: | Hart | ||
Version: | March 2, 2023 | ||
Urgency: | No | Fiscal: | No |
Consultant: | MK | ||
Subject: Vehicle Code: infractions
HISTORY
Source: Prosecutors Alliance of California
Prior Legislation: AB 1746 (Friedman), Chapter 800, Statutes of 2022
SB 1055 (Kamlager), Chapter 830 Statutes of 2022
SB 485 (Beall), Chapter 505, Statutes of 2019
AB 2685 (Lackey), Chapter 717, Statutes of 2018
AB 103 (Committee on Budget), Chapter 17, Statutes of 2017
Support: ACLU California Action
California Public Defenders Association
Californians for Safety and Justice
Californians United for A Responsible Budget
Communities United for Restorative Youth Justice
Fair Chance Project
Initiate Justice
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Legal Services for Prisoners With Children
Sister Warriors Freedom Coalition
Opposition: None known
Assembly Floor Vote: 78 - 0
PURPOSE
The purpose of this bill is eliminate the court’s authority to suspend a person’s driver’s license and order the person not to drive for 30 days if they fail to make an agreed upon installment payment for bail or a fine.
Existing law authorizes the clerk of the court to make an agreement with a defendant to pay a fine in installment payments. (Vehicle Code § 40510.5 (a).)
Existing law authorizes the court to charge a failure to appear or issue an arrest warrant for a failure to appear when the defendant fails to make an installment payment pursuant to an installment agreement. (Vehicle Code § 40510.5(e).)
Existing law provides that a person who willfully fails to pay bail or a fine in installments as agreed to, is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time. (Vehicle Code § 40508 (b).)
Existing law authorizes a court to impound a person’s driver’s license and order the person not to drive for a period of 30 days if they fail to make an agreed upon installment payment for bail or a fine. (Vehicle Code § 40508 (d).)
Existing law prohibits a person from driving a vehicle with a suspended license and punishes a violation as a misdemeanor with imprisonment in county jail for not more than six months, or by a fine ranging from $300 to $1000, or both. (Vehicle Code § 14601.1 (a) & (b).)
Existing law authorizes a peace officer to impound a vehicle for 30 days if a person was driving with a suspended license. (Vehicle Code § 14602.6 (a)(1).)
This bill eliminates the court’s authority to suspend a person’s driver’s license and order the person not to drive for 30 days if they fail to make an agreed upon installment payment for bail or a fine.
COMMENTS
1. Need for This Bill
According to the author:
AB 1125 ends the practice of a court impounding the driver’s licenses of low-income individuals who miss traffic ticket installment payments. The Legislature has already protected individuals with unpaid fines who are not on installment plans. AB 1125 ensures that all Californians are able to maintain their driver’s license regardless of their ability to pay off money owed for traffic infractions. Correcting this inequity is necessary to mitigate the impact on marginalized communities.
- Correlation Between Access to a Vehicle and Income Stability
In most cities in California it is difficult to live in without a car. Some urban areas are manageable without a car, but many of these areas also have some of the highest costs of living in the country. For example, while San Francisco and Los Angeles were recently named as the first and 14th best city in the country for people without cars, Los Angeles has also been identified as the country’s most expensive place to live and San Francisco the 20th most expensive. (Bomey, USA Today, No Car? San Francisco, Portland, Washington D.C., Boston, New York Among Best Cities to Live in Without a Vehicle (2021), https://www.usatoday.com/story/money/cars/2021/01/05/best-cities-live-without-car-san-francisco-portland-new-york/4125602001/; U.S. News, Most Expensive Places to Live in the U.S. in 2022-2023, https://realestate.usnews.com/places/rankings/most-expensive-places-to-live [as of April 15, 2023].) In fact 13 of the top 20 most expensive cities in the country were in California. (Ibid.) In other parts of the state public transportation is sparse, unreliable, or nonexistent, requiring people without cars to take extraordinary measures to ensure they can get to work, school, or medical appointments. (See, e.g., Bergstrom, Are Fresno’s Car-Less Residents Being Left Behind? What it Means to Our Community, Fresno Bee (Feb. 6, 2022), https://www.fresnobee.com/fresnoland/article255147402.html [as of April 15, 2023].)
Lack of access to a car is not just an inconvenience. It can have a significant impact on a person’s well-being. “[I]ndividuals without reliable access to automobiles can reach far fewer opportunities within a reasonable travel time compared with those who travel by automobile”—meaning fewer job opportunities, and fewer opportunities for economic advancement. (Pendall, et al., Driving to Opportunity: Understanding the Links among Transportation Access, Residential Outcomes, and Economic Opportunity for Housing Voucher Recipients, Urban Institute (Mar. 2014), at p. 3, https://www.urban.org/research/publication/driving-opportunity-understanding-links-among-transportation-access-residential-outcomes-and-economic-opportunity-housing-voucher-recipients [as of April 15, 2023.) Moreover, “[c]ars facilitate searching for and commuting to jobs and therefore increase the likelihood of finding and retaining employment.” (Ibid.) In other words, “it is unsurprising that private automobiles are positively associated with employment opportunities for low-income and minority adults.” (Ibid.)
When a car is so vital to maintaining employment, the loss of a car—or a license—can have a huge impact on all aspects of a person’s life. The Committee on Revision of the Penal Code has noted that “research shows that license suspensions have dramatic economic consequences. Data from New Jersey concludes that 42% of people surveyed lost a job while their license was suspended, 45% reported not finding another job, and 88% reported reduced income. Another study showed that women with young children receiving public assistance were twice as likely to find employment if they had a DL — a bigger impact than having graduated from high school.” (Committee on Revision of the Penal Code, Annual Report 2020, at p. 3, available at: http://www.clrc.ca.gov/CRPC/Reports/Annual_Reports.html [as of April 16, 2023].)
California has already recognized the problem of suspending a person’s driver’s license for failure to pay court fines and fees, in legislation enacted in 2017 to prohibit license suspensions for failure to pay traffic fines. (AB 103 (Public Safety), Chap. 17, Stats. 2017.) The purpose of that provision was to prevent people from losing their driver’s license because of their inability to pay a traffic fine. As then-Governor Jerry Brown noted, the suspension did not help the state collect on unpaid fines, but could “send low-income people into a cycle of job losses and more poverty.” (Los Angeles Times (Jun. 20, 2017), California no longer will suspend driver's licenses for traffic fines - Los Angeles Times (latimes.com) [as of April 15, 2023].)
Over the last five years, the Legislature has removed most suspensions of driver’s licenses unrelated to driving behavior, including suspensions related to failure to pay traffic fines, failure to appear in court, vandalism, truancy, providing alcohol to a person under 21, purchasing, possessing or consuming alcohol under the age of 21, soliciting a prostitute, or a minor possessing a firearm. In doing so, the Legislature has recognized the harm caused to a person by suspending their driver’s license for reasons unrelated to dangerous driving.
While AB 103 (Committee on Budget), Chapter 17, Statutes of 2017 removed the license suspension for failure to pay a traffic fine; that measure may have inadvertently left out the provision this bill seeks to remove. Individuals that are seeking installment payments are likely the low income populations AB 103 intended to protect from license suspensions. This bill furthers the goals of the Legislature by removing the authority for courts to suspend a license for missing an installment payment.
3. Argument in Support
According to the Prosecutors Alliance of California:
Under current law, if a person has agreed to pay a traffic ticket in installments and fails to keep up with the payments, the court may impound their driver’s license and order the person not to drive for up to 30 days. This penalty disproportionately impacts low-income people of color, impeding their ability to take their children to school, buy groceries, and access healthcare and employment –making it even less likely they will be able to make their payments. Many people may have no choice but to continue driving without a valid license, risking more fines, fees and other penalties and making the streets less safe for all.
AB 1125 will simply repeal the authorization for courts to impound a person’s driver’s license or limit their driving simply because they are behind on their payments for traffic tickets. This is consistent with steps the Legislature has taken over the last several years to limit suspension of driver’s licenses to safety related matters.
-- END –
Date of Hearing:
Chief Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 1125
Author:(Hart) – As Amended Ver:March 2, 2023
SUMMARY:
Eliminates the court’s authority to suspend a person’s driver’s license and order the person not to drive for 30 days if they fail to make an agreed upon installment payment for bail or a fine.
EXISTING LAW:
- Authorizes the clerk of the court to make an agreement with a defendant to pay a fine in installment payments. (Veh. Code, § 40510.5, subd. (a).)
- Authorizes the court to charge a failure to appear or issue an arrest warrant for a failure to appear when the defendant fails to make an installment payment pursuant to an installment agreement. (Veh. Code, § 40510.5, subd. (e).)
- Provides that a person who willfully fails to pay bail or a fine in installments as agreed to, is guilty of a misdemeanor regardless of the full payment of the bail or fine after that time. (Veh. Code, § 40508, subd. (b).)
- Authorizes a court to impound a person’s driver’s license and order the person not to drive for a period of 30 days if they fail to make an agreed upon installment payment for bail or a fine. (Veh. Code, § 40508, subd. (d).)
- Prohibits a person from driving a vehicle with a suspended license and punishes a violation as a misdemeanor with imprisonment in county jail for not more than six months, or by a fine ranging from $300 to $1000, or both. (Veh. Code, § 14601.1, subds. (a) & (b).)
- Authorizes a peace officer to impound a vehicle for 30 days if a person was driving with a suspended license. (Veh. Code, § 14602.6, subd. (a)(1).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “AB 1125 ends the practice of a court impounding the driver’s licenses of low-income individuals who miss traffic fine installment payments. The Legislature has already protected individuals with unpaid fines who are not on installment plans. AB 1125 ensures that all Californians are able to maintain their driver’s license regardless of their ability to pay off money owed for traffic infractions. Correcting this inequity is necessary to mitigate the impact on marginalized communities.”
- Correlation Between Access to a Vehicle and Income Stability: California is, for the most part, a notoriously difficult state to live in without a car. Some urban areas are manageable with a car, but many of these areas also have some of the highest costs of living in the country. For example, while San Francisco and Los Angeles were recently named as the first and 14th best city in the country for people without cars, Los Angeles has also been identified as the country’s most expensive place to live and San Francisco the 20th most expensive. (Bomey, USA Today, No Car? San Francisco, Portland, Washington D.C., Boston, New York Among Best Cities to Live in Without a Vehicle (2021), https://www.usatoday.com/story/money/cars/2021/01/05/best-cities-live-without-car-san-francisco-portland-new-york/4125602001/; U.S. News, Most Expensive Places to Live in the U.S. in 2022-2023, https://realestate.usnews.com/places/rankings/most-expensive-places-to-live [as of April 15, 2023].) In fact 13 of the top 20 most expensive cities in the country were in California. (Ibid.) In other parts of the state, however, public transportation is sparse, unreliable, or nonexistent, requiring people without cars to take extraordinary measures to ensure they can get to work, school, or medical appointments. (See, e.g., Bergstrom, Are Fresno’s Car-Less Residents Being Left Behind? What it Means to Our Community, Fresno Bee (Feb. 6, 2022), https://www.fresnobee.com/fresnoland/article255147402.html [as of April 15, 2023].)
Lack of access to a car is not just an inconvenience. It can have a significant impact on a person’s well-being. “[I]ndividuals without reliable access to automobiles can reach far fewer opportunities within a reasonable travel time compared with those who travel by automobile”—meaning fewer job opportunities, and fewer opportunities for economic advancement. (Pendall, et al., Driving to Opportunity: Understanding the Links among Transportation Access, Residential Outcomes, and Economic Opportunity for Housing Voucher Recipients, Urban Institute (Mar. 2014), at p. 3, https://www.urban.org/research/publication/driving-opportunity-understanding-links-among-transportation-access-residential-outcomes-and-economic-opportunity-housing-voucher-recipients [as of April 15, 2023.) Moreover, “[c]ars facilitate searching for and commuting to jobs and therefore increase the likelihood of finding and retaining employment.” (Ibid.) In other words, “it is unsurprising that private automobiles are positively associated with employment opportunities for low-income and minority adults.” (Ibid.)
When a car is so vital to maintaining employment, the loss of a car—or a license—can be ruinous. The Committee on Revision of the Penal Code has noted that “research shows that license suspensions have dramatic economic consequences. Data from New Jersey concludes that 42% of people surveyed lost a job while their license was suspended, 45% reported not finding another job, and 88% reported reduced income. Another study showed that women with young children receiving public assistance were twice as likely to find employment if they had a DL — a bigger impact than having graduated from high school.” (Committee on Revision of the Penal Code, Annual Report 2020, at p. 3, available at: http://www.clrc.ca.gov/CRPC/Reports/Annual_Reports.html [as of April 16, 2023].)
California has already recognized the problem of suspending a person’s driver’s license for failure to pay court fines and fees, in legislation enacted in 2017 to prohibit license suspensions for failure to pay traffic fines. (AB 103 (Public Safety), Chap. 17, Stats. 2017.) The purpose of that provision was to prevent people from losing their driver’s license because of their inability to pay a traffic fine. As then-Governor Jerry Brown noted, the suspension did not help the state collect on unpaid fines, but could “send low-income people into a cycle of job losses and more poverty.” (Los Angeles Times (Jun. 20, 2017), California no longer will suspend driver's licenses for traffic fines - Los Angeles Times (latimes.com) [as of April 15, 2023].)
Over the last five years, the Legislature has removed most suspensions of driver’s licenses unrelated to driving behavior, including suspensions related to failure to pay traffic fines, failure to appear in court, vandalism, truancy, providing alcohol to a person under 21, purchasing, possessing or consuming alcohol under the age of 21, soliciting a prostitute, or a minor possessing a firearm. In doing so, the Legislature has recognized the harm caused to a person by suspending their driver’s license for reasons unrelated to dangerous driving.
While AB 103 (Committee on Budget), Chapter 17, Statutes of 2017 removed the license suspension for failure to pay a traffic fine; that measure may have inadvertently left out the provision this bill seeks to remove. Individuals that are seeking installment payments are likely the low income populations AB 103 intended to protect from license suspensions. This bill furthers the goals of the Legislature by removing the authority for courts to suspend a license for missing an installment payment.
- Argument in Support: According to the Prosecutors Alliance of California, “Under current law, if a person has agreed to pay a traffic ticket in installments and fails to keep up with the payments, the court may impound their driver’s license and order the person not to drive for up to 30 days. This penalty disproportionately impacts low-income people of color, impeding their ability to take their children to school, buy groceries, and access healthcare and employment –making it even less likely they will be able to make their payments. Many people may have no choice but to continue driving without a valid license, risking more fines, fees and other penalties and making the streets less safe for all.
“AB 1125 will simply repeal the authorization for courts to impound a person’s driver’s license or limit their driving simply because they are behind on their payments for traffic tickets. This is consistent with steps the Legislature has taken over the last several years to limit suspension of driver’s licenses to safety related matters.”
- Related Legislation: AB 1266 (Kalra), would eliminate the authority to issue a bench warrant for the failure to pay, or to appear in court, on an infraction ticket. AB 1266 is pending in the Assembly Appropriations Committee.
- Prior Legislation:
- AB 1746 (Friedman), Chapter 800, Statutes of 2022, prohibited the court from suspending a person’s driver’s license for the failure to appear in court.
- SB 1055 (Kamlager), Chapter 830 Statutes of 2022, prohibited, effective January 1, 2025, the Department of Child Support Services from seeking the denial, withholding, or suspension of a driver’s license from low-income child support obligors.
- SB 485 (Beall), Chapter 505, Statutes of 2019, repealed various license suspensions for reasons unrelated to unsafe driving, including vandalism, controlled substance of alcohol use, firearm use, and soliciting or engaging in prostitution.
- AB 2685 (Lackey), Chapter 717, Statutes of 2018 eliminated license suspensions for minors who are found to be habitually truant.
- AB 103 (Committee on Budget), Chapter 17, Statutes of 2017, removed the driver’s license suspension for failure to pay a traffic fine.
- AB 1746 (Friedman), Chapter 800, Statutes of 2022, prohibited the court from suspending a person’s driver’s license for the failure to appear in court.
REGISTERED SUPPORT / OPPOSITION:
Support
ACLU California Action
California Public Defenders Association
Californians for Safety and Justice
Californians United for A Responsible Budget
Communities United for Restorative Youth Justice
Fair Chance Project
Initiate Justice
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Legal Services for Prisoners With Children
Prosecutors Alliance California
Sister Warriors Freedom Coalition
Opposition
None on file
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744
Date of Hearing: March 27, 2023
ASSEMBLY COMMITTEE ON TRANSPORTATION
Laura Friedman, Chair
ABPCA Bill Id:AB 1125 (
Author:Hart) – As Amended Ver:March 2, 2023
SUBJECT: Vehicle Code: infractions
SUMMARY: Repeals existing law authorizing courts to impound a person’s driver’s license (DL) and order the person not to drive for 30 days if they fail to make an agreed upon installment payment for bail or a fine.
EXISTING LAW:
- Authorizes the clerk of the court to make an agreement with a defendant to pay a fine in installment payments (Vehicle Code Section (VEH) 40510.5)
- Authorizes a court to impound a person’s DL and order the person not to drive for a period of 30 days if they fail to make an agreed upon installment payment for bail or a fine. (VEH 40508)
- Prohibits a person from driving a motor vehicle with a suspended license, provides that it is a misdemeanor with imprisonment in county jail for not more than six months or by a fine of not less than $300 or more than $1000 or both (VEH 14601.1)
- Authorizes a peace officer to impound a vehicle for 30 days if the person was driving with a suspended license (VEH 14602.6)
FISCAL EFFECT: Unknown
COMMENTS: Over the last five years the California Legislature has recognized the harm caused to a person by suspending their DL for reasons unrelated to dangerous driving. Individuals driving with a suspended license are subject to a misdemeanor that may result in jail time and they could have their vehicles impounded for 30 days. Many drivers with suspended licenses are likely to continue driving because of the necessity of a car to get to work, increasing the likelihood of committing a hit and run to avoid the compounding criminal and financial consequences of driving uninsured and without a valid license.
The California Legislature has removed most suspensions of DLs unrelated to driving behavior, including suspensions related to failure to pay traffic fines, failure to appear in court, vandalism, truancy, providing alcohol to a person under 21, purchasing, possessing or consuming alcohol under the age of 21, soliciting a prostitute, or a minor possessing a firearm.
According to the author, “AB 1125 will prohibit the suspension of a Californian’s driver’s license for failure to pay bail installments. This measure aims to provide equality for low-income individuals and people of color. Valid Driver’s licenses are critical in obtaining employment, housing and social services in California and are therefore an essential need.”
The Committee on Revision of the Penal Code has noted that “research shows that license suspensions have dramatic economic consequences. Data from New Jersey concludes that 42% of people surveyed lost a job while their license was suspended, 45% reported not finding another job, and 88% reported reduced income. Another study showed that women with young children receiving public assistance were twice as likely to find employment if they had a DL — a bigger impact than having graduated from high school.”
The Prosecutors Alliance of California, who are in support of this bill, argue “Under current law, if a person has agreed to pay a traffic ticket in installments and fails to keep up with the payments, the court may impound their driver’s license and order the person not to drive for up to 30 days. This penalty disproportionately impacts low-income people of color, impeding their ability to take their children to school, buy groceries, and access healthcare and employment –making it even less likely they will be able to make their payments. Many people may have no choice but to continue driving without a valid license, risking more fines, fees and other penalties and making the streets less safe for all.
AB 1125 will simply repeal the authorization for courts to impound a person’s driver’s license or limit their driving simply because they are behind on their payments for traffic tickets. This is consistent with steps the Legislature has taken over the last several years to limit suspension of driver’s licenses to safety related matters.”
Committee comments: AB 103 (Committee on Budget), Chapter 17, Statutes of 2017 removed the DL suspension for failure to pay a traffic fine. The purpose of that provision was to prevent people from losing their DL because of their inability to pay a traffic fine. However, that measure may have inadvertently left out the provision this bill seeks to remove. Individuals that are seeking installment payments are likely the low income populations AB 103 intended to protect from license suspensions. This bill furthers the goals of the Legislature by removing the authority for courts to suspend a license.
Related Legislation:
AB 1266 (Kalra of 2023) makes it an infraction instead of a misdemeanor to for failure to appear in court when the underlining offense was an infraction. This bill also removes the misdemeanor charge for failing to make an installment payment authorized by the court.
Previous Legislation:
AB 2746 (Friedman), Chapter 800, Statutes of 2022 removed the DL suspension for failure to appear in court.
SB 485 (Beall), Chapter 505, Statutes of 2019 repealed various DL suspensions for reasons unrelated to unsafe driving, including vandalism, controlled substance of alcohol use, firearm use, soliciting or engaging in prostitution.
AB 2685 (Lackey), Chapter 717, Statutes of 2018 eliminated license suspensions for minors who are found to be habitually truant.
AB 103 (Committee on Budget), Chapter 17, Statutes of 2017 removed the DL suspension for failure to pay a traffic fine.
REGISTERED SUPPORT / OPPOSITION:
Support
ACLU California Action
Californians for Safety and Justice
Californians United for A Responsible Budget
Communities United for Restorative Youth Justice (CURYJ)
Fair Chance Project
Initiate Justice
Lawyers' Committee for Civil Rights of The San Francisco Bay Area
Legal Services for Prisoners With Children
Prosecutors Alliance California
Sister Warriors Freedom Coalition
Opposition
None on file
Analysis Prepared by: David Sforza / TRANS. / (916) 319-2093
Discussed in Hearing
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Bill Author
Bill Co-Author(s):